Text: H01681 Text: H01683 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 667 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "ARTICLE 1 1 5 GENERAL PROVISIONS 1 6 Section 1. NEW SECTION. 17A.1101 CITATION, 1 7 STATEMENT OF PURPOSE, AND CONSTRUCTION. 1 8 1. This chapter may be cited as the "Iowa 1 9 Administrative Procedure Act". Whenever the terms 1 10 "administrative procedure Act" or "chapter 17A" appear 1 11 in the Code, they mean this chapter and this Act. 1 12 2. The purposes of this chapter are the following: 1 13 a. To provide legislative and gubernatorial 1 14 oversight of powers and duties delegated to 1 15 administrative agencies. 1 16 b. To increase the public accountability of 1 17 administrative agencies. 1 18 c. To simplify government by assuring a uniform 1 19 minimum procedure to which all agencies will be held 1 20 in the conduct of their most important functions. 1 21 d. To increase public access to information about 1 22 agency law and policy. 1 23 e. To increase public participation in the 1 24 formulation of administrative rules and the efficacy 1 25 and acceptability of those rules. 1 26 f. To increase the fairness and efficiency of 1 27 agencies in their conduct of adjudicative proceedings. 1 28 g. To simplify the process of judicial review of 1 29 agency action as well as to increase its availability 1 30 and effectiveness. 1 31 3. In accomplishing its objectives, the intention 1 32 of this chapter is to strike a fair balance between 1 33 the need for adequate protection of private rights and 1 34 political control of agency processes and the need for 1 35 efficient, economical, and effective government 1 36 administration. 1 37 4. The coverage and requirements of this chapter 1 38 shall be construed broadly to effectuate the purposes 1 39 of this chapter and any exemptions from its 1 40 requirements contained in this chapter or elsewhere 1 41 shall be narrowly construed. 1 42 Sec. 2. NEW SECTION. 17A.1102 DEFINITIONS. 1 43 As used in this chapter, unless the context 1 44 otherwise requires: 1 45 1. "Adjudicative proceeding" means the process for 1 46 formulating and issuing an order. 1 47 2. "Agency" means a board, commission, department, 1 48 officer, or other administrative unit of this state, 1 49 including the agency head, and one or more members of 1 50 the agency head or agency employees directly or 2 1 indirectly purporting to act on behalf or under the 2 2 authority of the agency head. "Agency" does not mean 2 3 the general assembly or any of its components, the 2 4 judicial department or any of its components, the 2 5 governor, or a political subdivision of the state or 2 6 any of the administrative units of a political 2 7 subdivision, but it does include a board, commission, 2 8 department, officer, or other administrative unit 2 9 created or appointed by joint or concerted action of 2 10 an agency and one or more political subdivisions of 2 11 the state or any of their administrative units. To 2 12 the extent it purports to exercise authority subject 2 13 to any provision of this chapter, an administrative 2 14 unit otherwise qualifying as an "agency" must be 2 15 treated as a separate agency even if the 2 16 administrative unit is located within or subordinate 2 17 to another agency. 2 18 Unless provided otherwise by statute, no less than 2 19 two-thirds of the members eligible to vote of a 2 20 multimember agency head constitute a quorum authorized 2 21 to act in the name of the agency. 2 22 3. "Agency action" means any one of the following: 2 23 a. The whole or a part of a rule or an order. 2 24 b. The failure to adopt a rule or issue an order. 2 25 c. An agency's performance of, or failure to 2 26 perform, any other duty, function, or activity, 2 27 discretionary or otherwise. 2 28 4. "Agency head" means an individual or body of 2 29 individuals in whom the ultimate legal authority of 2 30 the agency, with respect to the matter at issue, is 2 31 vested by any provision of law. 2 32 5. "License" means a franchise, permit, 2 33 certification, approval, registration, charter, or 2 34 similar form of authorization required by law. 2 35 6. "Order" means an agency action of particular 2 36 applicability that determines the legal rights, 2 37 duties, privileges, immunities, or other legal 2 38 interests of one or more specific persons. The term 2 39 does not include an "executive order" issued by the 2 40 governor pursuant to section 17A.1104 or 17A.3202. A 2 41 "final order" means the whole or part of an agency 2 42 order other than a nonfinal order. A "nonfinal order" 2 43 includes an initial order and means the whole or part 2 44 of an agency order that the agency intends to be 2 45 preliminary, preparatory, procedural, or intermediate 2 46 with regard to subsequent agency action. 2 47 7. "Party to agency proceedings" or "party" in 2 48 context so indicating, means any of the following: 2 49 a. A person to whom the agency action is 2 50 specifically directed. 3 1 b. A person named as a party to an agency 3 2 proceeding or allowed to intervene or participate as a 3 3 party in the proceeding. 3 4 8. "Party to judicial review or civil enforcement 3 5 proceeding" or "party" in context so indicating, means 3 6 any of the following: 3 7 a. A person who files a petition for judicial 3 8 review or civil enforcement. 3 9 b. A person named as a party in a proceeding for 3 10 judicial review or civil enforcement or allowed to 3 11 participate as a party in the proceeding. 3 12 9. "Person" means an individual, partnership, 3 13 corporation, association, governmental subdivision or 3 14 unit thereof, or public or private organization or 3 15 entity of any character, and includes another agency. 3 16 10. "Presiding officer" means an individual who 3 17 presides at any stage in an adjudicative proceeding. 3 18 11. "Provision of law" means the whole or a part 3 19 of the federal or state constitution, or of any 3 20 federal or state statute, court rule, executive order, 3 21 or rule of an agency. 3 22 12. "Rule" means the whole or a part of an agency 3 23 statement of general applicability that implements, 3 24 interprets, or prescribes law or policy, or the 3 25 organization, procedures, or practice requirements of 3 26 an agency. The term includes the amendment, repeal, 3 27 or suspension of an existing rule. Notwithstanding 3 28 any other provision of law, "rule" includes an 3 29 executive order or directive of the governor which 3 30 creates an agency or establishes a program or which 3 31 transfers a program between agencies established by 3 32 statute or rule. 3 33 13. "Rulemaking" means the process for formulating 3 34 and adopting a rule. 3 35 Sec. 3. NEW SECTION. 17A.1103 APPLICABILITY AND 3 36 RELATION TO OTHER LAW. 3 37 1. This chapter applies to all agencies and all 3 38 proceedings not expressly exempted, mentioning this 3 39 chapter by name or number. 3 40 2. This chapter creates only procedural rights and 3 41 imposes only procedural duties. The procedural rights 3 42 and duties are in addition to those created and 3 43 imposed by other statutes. To the extent that any 3 44 other statute would diminish a right created or duty 3 45 imposed by this chapter, the other statute is 3 46 superseded by this chapter, unless the other statute 3 47 expressly provides otherwise, mentioning this chapter 3 48 by name or number. However, where this chapter 3 49 expressly refers to another statute and incorporates 3 50 its contents, that other statute controls whether or 4 1 not it mentions this chapter by name or number. 4 2 3. An agency may grant procedural rights to 4 3 persons in addition to those conferred by this chapter 4 4 as long as rights conferred upon other persons by any 4 5 provision of law are not substantially prejudiced. 4 6 4. An agency may exercise only that authority 4 7 delegated to it by some provision of law and not 4 8 otherwise prohibited by law. 4 9 Sec. 4. NEW SECTION. 17A.1104 SUSPENSION OF 4 10 CHAPTER'S PROVISIONS WHEN NECESSARY TO AVOID LOSS OF 4 11 FEDERAL FUNDS OR SERVICES. 4 12 1. To the extent necessary to avoid a denial of 4 13 funds or services from the United States which would 4 14 otherwise be available to the state, the governor by 4 15 executive order may suspend, in whole or in part, one 4 16 or more provisions of this chapter. The governor by 4 17 executive order shall declare the termination of a 4 18 suspension as soon as it is no longer necessary to 4 19 prevent the loss of funds or services from the United 4 20 States. 4 21 2. An executive order issued under subsection 1 is 4 22 subject to the requirements applicable to the adoption 4 23 and effectiveness of a rule. 4 24 3. If any provision of this chapter is suspended 4 25 pursuant to this section, the governor shall promptly 4 26 report the suspension to the general assembly. The 4 27 report must include recommendations concerning any 4 28 desirable legislation that may be necessary to conform 4 29 this chapter to federal law. 4 30 Sec. 5. NEW SECTION. 17A.1105 WAIVER. 4 31 Except to the extent precluded by another provision 4 32 of law, a person may waive any right conferred upon 4 33 that person by this chapter. 4 34 Sec. 6. NEW SECTION. 17A.1106 INFORMAL 4 35 SETTLEMENTS. 4 36 Except to the extent precluded by another provision 4 37 of law, informal settlement of matters that may make 4 38 unnecessary more elaborate proceedings under this 4 39 chapter is encouraged. Agencies shall establish by 4 40 rule specific procedures to facilitate informal 4 41 settlement of matters. This section does not require 4 42 any party or other person to settle a matter pursuant 4 43 to informal procedures. 4 44 Sec. 7. NEW SECTION. 17A.1107 CONVERSION OF 4 45 PROCEEDINGS. 4 46 1. At any point in an agency proceeding the 4 47 presiding officer or other agency official responsible 4 48 for the proceeding may convert the proceeding to 4 49 another type of agency proceeding provided for by this 4 50 chapter if the conversion is appropriate under the 5 1 particular circumstances, is in the public interest, 5 2 and does not prejudice the substantial rights of any 5 3 party. If required by any provision of law, the 5 4 presiding officer or other agency official responsible 5 5 for the proceeding shall convert the proceeding to 5 6 another type of agency proceeding provided by this 5 7 chapter. 5 8 2. A conversion of a proceeding of one type to a 5 9 proceeding of another type may be effected only upon 5 10 notice to all parties to the original proceeding and 5 11 an opportunity to present argument on that issue. An 5 12 order converting one type of proceeding to another 5 13 type of proceeding is a final order. 5 14 3. If the presiding officer or other agency 5 15 official responsible for the original proceeding would 5 16 not have authority over the new proceeding to which it 5 17 is to be converted, that officer or official, in 5 18 accordance with agency rules, shall secure the 5 19 appointment of a successor to preside over or be 5 20 responsible for the new proceeding. 5 21 4. To the extent feasible and consistent with the 5 22 rights of parties and the requirements of this chapter 5 23 pertaining to the new proceeding, the record of the 5 24 original agency proceeding must be used in the new 5 25 agency proceeding. 5 26 5. After a proceeding is converted from one type 5 27 to another, the presiding officer or other agency 5 28 official responsible for the new proceeding shall do 5 29 all of the following: 5 30 a. Give such additional notice to parties or other 5 31 persons as is necessary to satisfy the requirements of 5 32 this chapter pertaining to the new proceeding. 5 33 b. Dispose of the matters involved without further 5 34 proceedings if sufficient proceedings have already 5 35 been held to satisfy the requirements of this chapter 5 36 pertaining to the new proceeding. 5 37 c. Conduct or cause to be conducted any additional 5 38 proceedings necessary to satisfy the requirements of 5 39 this chapter pertaining to the new proceeding. 5 40 6. Each agency shall adopt rules to govern the 5 41 conversion of one type of proceeding to another. The 5 42 rules must include an enumeration of the factors to be 5 43 considered in determining whether and under what 5 44 circumstances one type of proceeding will be converted 5 45 to another. 5 46 Sec. 8. NEW SECTION. 17A.1108 EFFECTIVE DATE. 5 47 This chapter takes effect on July 1, 1998, and does 5 48 not govern proceedings pending on that date. However, 5 49 section 17A.3103, subsection 3, takes effect on July 5 50 1, 1997. This chapter governs all agency proceedings, 6 1 and all proceedings for judicial review or civil 6 2 enforcement of agency action, commenced after that 6 3 date. This chapter also governs agency proceedings 6 4 conducted on a remand from a court or another agency 6 5 after the effective date of this chapter. 6 6 ARTICLE 2 6 7 PUBLIC ACCESS TO AGENCY LAW AND POLICY 6 8 Sec. 9. NEW SECTION. 17A.2101 PUBLICATION, 6 9 COMPILATION, INDEXING, AND PUBLIC INSPECTION OF RULES. 6 10 1. The administrative rules editor shall cause the 6 11 "Iowa Administrative Bulletin" to be published in 6 12 pamphlet or electronic form at least every other week 6 13 containing all of the following: 6 14 a. Notices of proposed rule adoption prepared in 6 15 such a manner so that the text of a proposed rule 6 16 shows the text of any existing rule being changed and 6 17 the change being made. 6 18 b. Newly filed adopted rules prepared so that the 6 19 text of the newly filed adopted rule shows the text of 6 20 any existing rule being changed and the change being 6 21 made. 6 22 c. All proclamations and executive orders of the 6 23 governor which are general and permanent in nature. 6 24 d. Resolutions nullifying administrative rules 6 25 passed by the general assembly pursuant to article 6 26 III, section 40 of the Constitution of the State of 6 27 Iowa. 6 28 e. Other materials deemed appropriate for such 6 29 publication by the administrative rules review 6 30 committee or the administrative rules coordinator. 6 31 2. Subject to the direction of the administrative 6 32 rules coordinator, the administrative rules editor 6 33 shall cause the "Iowa Administrative Code" to be 6 34 compiled, indexed, and published in loose-leaf or 6 35 electronic form containing all effective rules of each 6 36 agency. The administrative rules editor shall also 6 37 cause loose-leaf or electronic supplements to the Iowa 6 38 administrative code to be published on a schedule 6 39 determined by the administrative rules coordinator and 6 40 the administrative rules review committee. Any such 6 41 loose-leaf supplements shall be in a form suitable for 6 42 insertion in the appropriate places in the permanent 6 43 compilation, and any such electronic supplements shall 6 44 be wholly integrated into the text of the permanent 6 45 compilation. The administrative rules coordinator 6 46 shall devise a uniform numbering system for rules and 6 47 may renumber rules before publication to conform with 6 48 the system. 6 49 3. a. The administrative rules editor may omit 6 50 from the Iowa administrative bulletin or code any 7 1 proposed or filed adopted rule the publication of 7 2 which would be unduly cumbersome, expensive, or 7 3 otherwise inexpedient, if all of the following apply: 7 4 (1) The administrative rules editor and the 7 5 administrative rules coordinator determine that 7 6 knowledge of the rule is likely to be important to 7 7 only a small class of persons. 7 8 (2) On application to the adopting agency, the 7 9 proposed or adopted rule in printed or electronic form 7 10 is made available at no more than its cost of 7 11 reproduction. 7 12 (3) The administrative bulletin or code contains a 7 13 notice stating in detail the specific subject matter 7 14 of the omitted proposed or adopted rule and how a copy 7 15 of the omitted material may be obtained. 7 16 b. The administrative rules editor shall omit from 7 17 the Iowa administrative code any rule or portion of a 7 18 rule nullified by the general assembly pursuant to 7 19 article III, section 40 of the Constitution of the 7 20 State of Iowa, any rule or portion of a rule rescinded 7 21 by the governor pursuant to section 17A.3202, and any 7 22 other rule that is no longer effective. 7 23 4. The Iowa administrative bulletin and the Iowa 7 24 administrative code and its supplements shall be made 7 25 available upon request to all persons who subscribe to 7 26 any of them through the state printing division of the 7 27 department of general services. Copies of this code 7 28 so made available shall be kept current by the 7 29 division. 7 30 Each agency shall also make available for public 7 31 inspection and copying in its principal office those 7 32 portions of the Iowa administrative bulletin and code 7 33 containing all rules adopted or used by the agency in 7 34 the discharge of its functions, and the index to those 7 35 rules. An agency may satisfy the requirements of this 7 36 paragraph by making available for public inspection 7 37 and copying in its principal office a complete and up- 7 38 to-date set of the administrative bulletin and code. 7 39 5. All expenses incurred by the administrative 7 40 rules editor under this section shall be defrayed 7 41 under section 2B.22. 7 42 6. a. The Iowa administrative code shall be cited 7 43 as (agency identification number) IAC, (chapter, rule, 7 44 subrule, lettered paragraph, or numbered 7 45 subparagraph). 7 46 b. The Iowa administrative bulletin shall be cited 7 47 as IAB (volume), (number), (publication date), (page 7 48 number), (ARC number). "ARC number" means the 7 49 identification number assigned by the administrative 7 50 rules coordinator to each rulemaking document. 8 1 7. Except as otherwise required by law, 8 2 subsections 1 and 2 do not apply to rules governed by 8 3 section 17A.3116, and the following provisions apply 8 4 instead: 8 5 a. Each agency shall index by subject all of its 8 6 written rules within the scope of section 17A.3116. 8 7 All of those rules must also be made available for 8 8 public inspection and copying at no more than the cost 8 9 of reproduction; however, an agency need not make 8 10 available for public inspection and copying those 8 11 portions containing rules governed by section 8 12 17A.3116, subsection 2, except to the extent that such 8 13 inspection and copying is required by constitution or 8 14 statute or in discovery under the Iowa rules of civil 8 15 or criminal procedure. 8 16 b. A rule subject to the requirements of this 8 17 subsection shall not be relied on by an agency to the 8 18 detriment of any person who does not have actual, 8 19 timely knowledge of the contents of the rule until the 8 20 requirements of paragraph "a" are satisfied. The 8 21 burden of proving that knowledge is on the agency. 8 22 Sec. 10. NEW SECTION. 17A.2102 PUBLIC INSPECTION 8 23 AND INDEXING OF AGENCY ORDERS. 8 24 1. In addition to other requirements imposed by 8 25 any provision of law, each agency shall make all 8 26 written final orders, including settlement orders, 8 27 available for public inspection and copying at no more 8 28 than the cost of reproduction and index them by name 8 29 and subject. When the agency makes them available for 8 30 public inspection and copying, the agency shall delete 8 31 from those orders identifying details to the extent 8 32 required by any provision of law or necessary to 8 33 prevent a clearly unwarranted invasion of privacy or 8 34 release of trade secrets. In each case the 8 35 justification for the deletion must be explained in 8 36 writing and attached to the order. 8 37 2. A written final order shall not be relied on as 8 38 precedent by an agency and shall not be invoked by an 8 39 agency for any purpose, to the detriment of any 8 40 person, until it has been made available for public 8 41 inspection and indexed in the manner described in 8 42 subsection 1. This provision is inapplicable to any 8 43 person who has actual timely knowledge of the order. 8 44 The burden of proving that knowledge is on the agency. 8 45 Sec. 11. NEW SECTION. 17A.2103 DECLARATORY 8 46 ORDERS. 8 47 1. Any person may petition an agency for a 8 48 declaratory order as to the applicability to specified 8 49 circumstances of a statute, rule, or order within the 8 50 primary jurisdiction of the agency. An agency shall 9 1 issue a declaratory order in response to a petition 9 2 for that order unless the agency determines that 9 3 issuance of the order under the circumstances would be 9 4 contrary to a rule adopted in accordance with 9 5 subsection 2. However, an agency shall not issue a 9 6 declaratory order that would substantially prejudice 9 7 the rights of a person who would be a necessary party 9 8 and who does not consent in writing to the 9 9 determination of the matter by a declaratory order 9 10 proceeding. 9 11 2. Each agency shall adopt rules that provide for 9 12 the form, contents, and filing of petitions for 9 13 declaratory orders, the procedural rights of persons 9 14 in relation to the petitions, and the disposition of 9 15 the petitions. The rules must describe the classes of 9 16 circumstances in which the agency will not issue a 9 17 declaratory order and must be consistent with the 9 18 public interest and with the general policy of this 9 19 chapter to facilitate and encourage agency issuance of 9 20 reliable advice. 9 21 3. Within fifteen days after receipt of a petition 9 22 for a declaratory order, an agency shall give notice 9 23 of the petition to all persons to whom notice is 9 24 required by any provision of law and may give notice 9 25 to any other persons. 9 26 4. Persons who qualify under section 17A.4209, 9 27 subsection 1, paragraphs "b" and "c" as an intervenor 9 28 and who file timely petitions for intervention 9 29 according to agency rules may intervene in proceedings 9 30 for declaratory orders. Other provisions of article 4 9 31 of this chapter apply to agency proceedings for 9 32 declaratory orders only to the extent an agency so 9 33 provides by rule or order. 9 34 5. Within thirty days after receipt of a petition 9 35 for a declaratory order an agency, in writing, shall 9 36 do one of the following: 9 37 a. Issue an order declaring the applicability of 9 38 the statute, rule, or order in question to the 9 39 specified circumstances. 9 40 b. Set the matter for specified proceedings. 9 41 c. Agree to issue a declaratory order by a 9 42 specified time. 9 43 d. Decline to issue a declaratory order, stating 9 44 the reasons for its action. 9 45 6. A copy of all orders issued in response to a 9 46 petition for a declaratory order must be mailed 9 47 promptly to the petitioner and any other parties. 9 48 7. A declaratory order has the same status and 9 49 binding effect as any other order issued in an agency 9 50 adjudicative proceeding. A declaratory order must 10 1 contain the names of all parties to the proceeding on 10 2 which it is based, the particular facts on which it is 10 3 based, and the reasons for its conclusion. 10 4 8. If an agency has not issued a declaratory order 10 5 within sixty days after receipt of a petition 10 6 therefor, the petition is deemed to have been denied. 10 7 Sec. 12. NEW SECTION. 17A.2104 REQUIRED 10 8 RULEMAKING. 10 9 In addition to other rulemaking requirements 10 10 imposed by law, each agency shall do all of the 10 11 following: 10 12 1. Adopt as a rule a description of the 10 13 organization of the agency which states the course and 10 14 method of its operations, the administrative 10 15 subdivisions of the agency and the programs 10 16 implemented by each of them, a statement of the 10 17 mission of the agency and the methods by which and 10 18 location where the public may obtain information or 10 19 make submissions or requests. 10 20 2. Adopt rules of practice setting forth the 10 21 nature and requirements of all formal and informal 10 22 procedures available to the public, including a 10 23 description of all forms and instructions that are to 10 24 be used by the public in dealing with the agency. 10 25 3. As soon as feasible and to the extent 10 26 practicable, adopt rules, in addition to those 10 27 otherwise required by this chapter, embodying 10 28 appropriate standards, principles, and procedural 10 29 safeguards that the agency will apply to the law it 10 30 administers. 10 31 ARTICLE 3 10 32 RULEMAKING 10 33 PART 1 10 34 ADOPTION AND EFFECTIVENESS OF RULES 10 35 Sec. 13. NEW SECTION. 17A.3101 ADVICE ON 10 36 POSSIBLE RULES BEFORE NOTICE OF PROPOSED RULE 10 37 ADOPTION. 10 38 1. In addition to seeking information by other 10 39 methods, an agency, before publication of a notice of 10 40 proposed rule adoption under section 17A.3103, may 10 41 solicit comments from the public on a subject matter 10 42 of possible rulemaking under active consideration 10 43 within the agency by causing notice to be published in 10 44 the administrative bulletin of the subject matter and 10 45 indicating where, when, and how persons may comment. 10 46 2. Each agency head may also appoint formal 10 47 committees, as determined by the agency head, to 10 48 comment, before publication of a notice of proposed 10 49 rule adoption under section 17A.3103, on the subject 10 50 matter of a possible rulemaking under active 11 1 consideration within the agency. The membership of 11 2 those committees must be published at least annually 11 3 in the administrative bulletin. 11 4 Sec. 14. NEW SECTION. 17A.3102 PUBLIC RULEMAKING 11 5 DOCKET. 11 6 1. Each agency shall maintain a current, public 11 7 rulemaking docket. 11 8 2. The rulemaking docket must list each pending 11 9 rulemaking proceeding. A rulemaking proceeding is 11 10 pending from the time it is commenced, by publication 11 11 of a notice of proposed rule adoption, to the time it 11 12 is terminated, by publication of a notice of 11 13 termination or the rule becoming effective. For each 11 14 rulemaking proceeding, the docket must indicate all of 11 15 the following: 11 16 a. The subject matter of the proposed rule. 11 17 b. A citation to all published notices relating to 11 18 the proceeding. 11 19 c. Where written submissions on the proposed rule 11 20 may be inspected. 11 21 d. The time during which written submissions may 11 22 be made. 11 23 e. The names of persons who have made written 11 24 requests for an opportunity to make oral presentations 11 25 on the proposed rule, where those requests may be 11 26 inspected, and where and when oral presentations may 11 27 be made. 11 28 f. Whether a written request for the issuance of a 11 29 regulatory analysis of the proposed rule has been 11 30 filed, whether that analysis has been issued, and 11 31 where the written request and analysis may be 11 32 inspected. 11 33 g. The current status of the proposed rule and any 11 34 agency determinations with respect thereto. 11 35 h. Any known timetable for agency decisions or 11 36 other action in the proceeding. 11 37 i. The date of the rule's adoption. 11 38 j. The date or dates the rule is to be or was 11 39 considered by the Administrative Rules Review 11 40 Committee and an indication of any action taken by 11 41 that committee on the rule. 11 42 k. The date of the rule's filing, indexing, and 11 43 publication. 11 44 l. When the rule will become effective. 11 45 Sec. 15. NEW SECTION. 17A.3103 NOTICE OF 11 46 PROPOSED RULE ADOPTION. 11 47 1. At least thirty-five days before the adoption 11 48 of a rule, an agency shall cause notice of its 11 49 contemplated action to be published in the 11 50 administrative bulletin by submitting five copies of 12 1 the proposed rule to the administrative rules 12 2 coordinator, who shall assign an ARC number to each 12 3 rulemaking document and forward three copies to the 12 4 administrative rules editor for publication in the 12 5 administrative bulletin. The notice of proposed rule 12 6 adoption must include all of the following: 12 7 a. A short explanation of the purpose of the 12 8 proposed rule. 12 9 b. The specific legal authority authorizing the 12 10 proposed rule. 12 11 c. Subject to section 17A.2101, subsection 3, the 12 12 text of the proposed rule. 12 13 d. Where, when, and how persons may present their 12 14 views on the proposed rule. 12 15 e. Where, when, and how persons may demand an oral 12 16 proceeding on the proposed rule if the notice does not 12 17 already provide for one. 12 18 2. Within three days after its publication in the 12 19 administrative bulletin, the agency shall cause a copy 12 20 of the notice of proposed rule adoption to be mailed 12 21 to each person who has made a timely request to the 12 22 agency for a mailed copy of the notice. An agency may 12 23 charge persons for the actual cost of providing them 12 24 with mailed copies. Failure to provide copies as 12 25 provided in this subsection shall not be grounds for 12 26 invalidation of a rule, unless that failure was 12 27 deliberate on the part of the agency or a result of 12 28 gross negligence. 12 29 3. An agency may publish a notice of proposed rule 12 30 adoption and hold a rulemaking proceeding on the 12 31 notice after the enactment and before the effective 12 32 date of a statute authorizing it to adopt the proposed 12 33 rule as long as any rule adopted on the basis of that 12 34 proceeding states that it will not become effective 12 35 until a specified date on or after the effective date 12 36 of the authorizing statute. 12 37 Sec. 16. NEW SECTION. 17A.3104 PUBLIC 12 38 PARTICIPATION. 12 39 1. For at least twenty days after publication of 12 40 the notice of proposed rule adoption, an agency shall 12 41 afford persons the opportunity to submit in writing, 12 42 argument, data, and views on the proposed rule. 12 43 2. a. An agency shall schedule an oral proceeding 12 44 on a proposed rule if, within twenty days after the 12 45 published notice of proposed rule adoption, a written 12 46 request for an oral proceeding is submitted by the 12 47 administrative rules review committee, the 12 48 administrative rules coordinator, a political 12 49 subdivision, an agency, twenty-five persons, or by an 12 50 association having not less than twenty-five members. 13 1 At that proceeding, persons may present oral argument, 13 2 data, and views on the proposed rule. 13 3 b. An oral proceeding on a proposed rule, if 13 4 required, may not be held earlier than twenty days 13 5 after notice of its location and time is published in 13 6 the administrative bulletin. 13 7 c. The agency head, a member of the agency head, 13 8 or another person designated by the agency, shall 13 9 preside at a required oral proceeding on a proposed 13 10 rule. The person presiding must have knowledge of the 13 11 purpose and subject matter of the proposed rule. If 13 12 the agency does not preside, the presiding officer 13 13 shall prepare a memorandum for consideration by the 13 14 agency summarizing the contents of the presentations 13 15 made at the oral proceeding. Oral proceedings must be 13 16 open to the public and be recorded by stenographic or 13 17 other means. 13 18 d. Each agency shall adopt rules for the conduct 13 19 of oral rulemaking proceedings. Those rules may 13 20 include provisions calculated to prevent undue 13 21 repetition in the oral proceedings. 13 22 Sec. 17. NEW SECTION. 17A.3105 REGULATORY 13 23 ANALYSIS. 13 24 1. An agency shall issue a regulatory analysis of 13 25 a proposed rule that complies with requirements of 13 26 subsection 2, paragraph "a", if, within thirty-five 13 27 days after the published notice of proposed rule 13 28 adoption, a written request for the analysis is 13 29 submitted to the agency by the administrative rules 13 30 review committee or the administrative rules 13 31 coordinator. An agency shall issue a regulatory 13 32 analysis of a proposed rule that complies with 13 33 subsection 2, paragraph "b", if that rule would have a 13 34 substantial impact on small business and if such a 13 35 request is submitted to the agency within the 13 36 specified time period by the administrative rules 13 37 review committee, the administrative rules 13 38 coordinator, at least twenty-five persons signing that 13 39 request who each qualify as a small business, or by an 13 40 organization representing at least twenty-five such 13 41 persons. If a rule has been adopted without prior 13 42 notice and an opportunity for public participation in 13 43 reliance upon section 17A.3108, the written request 13 44 for the analysis may be made within seventy days of 13 45 publication of that rule. 13 46 2. a. Except to the extent that the written 13 47 request expressly waives one or more of the following, 13 48 the regulatory analysis must contain all of the 13 49 following: 13 50 (1) A description of the classes of persons who 14 1 probably will be affected by the proposed rule, 14 2 including classes that will bear the costs of the 14 3 proposed rule and classes that will benefit from the 14 4 proposed rule. 14 5 (2) A description of the probable quantitative and 14 6 qualitative impact of the proposed rule, economic or 14 7 otherwise, upon affected classes of persons, including 14 8 a description of the nature and amount of all of the 14 9 different kinds of costs that would be incurred in 14 10 complying with the proposed rule. 14 11 (3) The probable costs to the agency and to any 14 12 other agency of the implementation and enforcement of 14 13 the proposed rule and any anticipated effect on state 14 14 revenues. 14 15 (4) A comparison of the probable costs and 14 16 benefits of the proposed rule to the probable costs 14 17 and benefits of inaction. 14 18 (5) A determination of whether there are less 14 19 costly methods or less intrusive methods for achieving 14 20 the purpose of the proposed rule. 14 21 (6) A description of any alternative methods for 14 22 achieving the purpose of the proposed rule that were 14 23 seriously considered by the agency and the reasons why 14 24 they were rejected in favor of the proposed rule. 14 25 b. In the case of a rule that would have a 14 26 substantial impact on small business, the regulatory 14 27 analysis must contain a discussion of whether it would 14 28 be feasible and practicable to do any of the following 14 29 to reduce the impact of the rule on small business: 14 30 (1) Establish less stringent compliance or 14 31 reporting requirements in the rule for small business. 14 32 (2) Establish less stringent schedules or 14 33 deadlines in the rule for compliance or reporting 14 34 requirements for small business. 14 35 (3) Consolidate or simplify the rule's compliance 14 36 or reporting requirements for small business. 14 37 (4) Establish performance standards to replace 14 38 design or operational standards in the rule for small 14 39 business. 14 40 (5) Exempt small business from any or all 14 41 requirements of the rule. 14 42 c. The agency shall reduce the impact of the 14 43 proposed rule on small business by using a method 14 44 discussed in paragraph "b" if it finds that the method 14 45 is legal and feasible in meeting the statutory 14 46 objectives which are the basis of the proposed rule. 14 47 3. Each regulatory analysis must include 14 48 quantifications of the data to the extent practicable 14 49 and must take account of both short-term and long-term 14 50 consequences. 15 1 4. Notwithstanding any other time period specified 15 2 in this chapter, a concise summary of the regulatory 15 3 analysis must be published in the administrative 15 4 bulletin at least ten days before the earliest of the 15 5 following: 15 6 a. The end of the period during which persons may 15 7 make written submissions on the proposed rule. 15 8 b. The end of the period during which an oral 15 9 proceeding may be requested. 15 10 c. The date of any required oral proceeding on the 15 11 proposed rule. 15 12 In the case of a rule adopted without prior notice 15 13 and an opportunity for public participation in 15 14 reliance upon section 17A.3108, the summary must be 15 15 published within seventy days of the request. 15 16 5. The published summary of the regulatory 15 17 analysis must also indicate where persons may obtain 15 18 copies of the full text of the regulatory analysis and 15 19 where, when, and how persons may present their views 15 20 on the proposed rule and demand an oral proceeding 15 21 thereon if one is not already provided. 15 22 6. If the agency has made a good faith effort to 15 23 comply with the requirements of subsections 1 through 15 24 3, the rule may not be invalidated on the ground that 15 25 the contents of the regulatory analysis are 15 26 insufficient or inaccurate. 15 27 7. For the purpose of this section, "small 15 28 business" means any entity including but not limited 15 29 to an individual, partnership, corporation, joint 15 30 venture, association, or cooperative, to which all of 15 31 the following apply: 15 32 a. It is not an affiliate or subsidiary of an 15 33 entity dominant in its field of operation. 15 34 b. It has either twenty or fewer full-time 15 35 equivalent positions or less than one million dollars 15 36 in annual gross revenues in the preceding fiscal year. 15 37 For purposes of this definition, "dominant in its 15 38 field of operation" means having more than twenty 15 39 full-time equivalent positions and more than one 15 40 million dollars in annual gross revenues, and 15 41 "affiliate or subsidiary of an entity dominant in its 15 42 field of operation" means an entity which is at least 15 43 twenty percent owned by an entity dominant in its 15 44 field of operation, or by partners, officers, 15 45 directors, majority stockholders, or their equivalent, 15 46 of an entity dominant in that field of operation. 15 47 Sec. 18. NEW SECTION. 17A.3106 TIME AND MANNER 15 48 OF RULE ADOPTION. 15 49 1. An agency shall not adopt a rule until the 15 50 period for making written submissions and oral 16 1 presentations has expired and the period for 16 2 requesting a regulatory analysis has expired. 16 3 2. Within one hundred eighty days after the later 16 4 of the publication of the notice of proposed rule 16 5 adoption, or the end of oral proceedings thereon, an 16 6 agency shall adopt a rule pursuant to the rulemaking 16 7 proceeding or terminate the proceeding by publication 16 8 of a notice to that effect in the administrative 16 9 bulletin. 16 10 3. Before the adoption of a rule, an agency shall 16 11 consider the written submissions, oral submissions or 16 12 any memorandum summarizing oral submissions, and any 16 13 regulatory analysis, provided for by this part. 16 14 4. Within the scope of its delegated authority, an 16 15 agency may use its own experience, technical 16 16 competence, specialized knowledge, and judgment, in 16 17 the adoption of a rule. 16 18 Sec. 19. NEW SECTION. 17A.3107 VARIANCE BETWEEN 16 19 ADOPTED RULE AND NOTICE OF PROPOSED RULE ADOPTION. 16 20 1. The agency shall not adopt a rule that differs 16 21 from the rule proposed in the notice of proposed rule 16 22 adoption on which the rule is based unless all of the 16 23 following apply: 16 24 a. The differences are within the scope of the 16 25 matter announced in the notice of proposed rule 16 26 adoption and are in character with the issues raised 16 27 in that notice. 16 28 b. The differences are a logical outgrowth of the 16 29 contents of that notice of proposed rule adoption and 16 30 the comments submitted in response thereto. 16 31 c. The notice of proposed rule adoption provided 16 32 fair warning that the outcome of that rulemaking 16 33 proceeding could be the rule in question. 16 34 2. In determining whether the notice of proposed 16 35 rule adoption provided fair warning that the outcome 16 36 of that rulemaking proceeding could be the rule in 16 37 question the agency shall consider all of the 16 38 following factors: 16 39 a. The extent to which persons who will be 16 40 affected by the rule should have understood that the 16 41 rulemaking proceeding on which it is based could 16 42 affect their interests. 16 43 b. The extent to which the subject matter of the 16 44 rule or issues determined by the rule are different 16 45 from the subject matter or issues contained in the 16 46 notice of proposed rule adoption. 16 47 c. The extent to which the effects of the rule 16 48 differ from the effects of the proposed rule contained 16 49 in the notice of proposed rule adoption. 16 50 Sec. 20. NEW SECTION. 17A.3108 GENERAL EXEMPTION 17 1 FROM PUBLIC RULEMAKING PROCEDURES. 17 2 1. To the extent an agency for good cause finds 17 3 that any requirements of sections 17A.3103 through 17 4 17A.3107 are unnecessary, impracticable, or contrary 17 5 to the public interest in the process of adopting a 17 6 particular rule, those requirements do not apply. The 17 7 agency shall incorporate the required finding and a 17 8 brief statement of its supporting reasons in each rule 17 9 adopted in reliance upon this subsection. An agency 17 10 shall not rely upon this subsection on the ground that 17 11 it has insufficient time to follow usual procedures to 17 12 adopt a rule, because adoption of the rule is required 17 13 by a statute that became effective only very recently, 17 14 unless that statute also requires the agency to adopt 17 15 the rule by a specified date and it would be 17 16 impracticable to follow usual procedures for adoption 17 17 of the rule during the period between the date of the 17 18 enactment of the statute and the specified date by 17 19 which the agency must adopt the rule. 17 20 2. In an action contesting a rule adopted under 17 21 subsection 1, the burden is upon the agency to 17 22 demonstrate that any omitted requirements of sections 17 23 17A.3103 through 17A.3107 were impracticable, 17 24 unnecessary, or contrary to the public interest in the 17 25 particular circumstances involved. 17 26 3. Within two years after the effective date of a 17 27 rule adopted under subsection 1, the administrative 17 28 rules review committee, the governor, or the attorney 17 29 general may request the agency to hold a rulemaking 17 30 proceeding thereon according to the requirements of 17 31 sections 17A.3103 through 17A.3107. The request must 17 32 be in writing, filed in the office of the 17 33 administrative rules coordinator, and sent to the 17 34 agency. The administrative rules coordinator shall 17 35 immediately forward to the administrative rules editor 17 36 a certified copy of the request. Notice of the filing 17 37 of the request must be published in the next issue of 17 38 the administrative bulletin. The rule in question 17 39 ceases to be effective one hundred eighty days after 17 40 the request is filed. However, an agency, after the 17 41 filing of the request, may subsequently adopt an 17 42 identical rule in a rulemaking proceeding conducted 17 43 pursuant to the requirements of sections 17A.3103 17 44 through 17A.3107. 17 45 Sec. 21. NEW SECTION. 17A.3109 EXEMPTION FOR 17 46 CERTAIN RULES. 17 47 1. An agency need not follow the provisions of 17 48 sections 17A.3103 through 17A.3108 in the adoption of 17 49 a rule that only defines the meaning of a statute or 17 50 other provision of law or precedent if the agency does 18 1 not possess delegated authority to bind the courts to 18 2 any extent with its definition. A rule adopted under 18 3 this subsection must include a statement that it was 18 4 adopted under this subsection when it is published in 18 5 the administrative bulletin, and there must be an 18 6 indication to that effect in a footnote to the rule 18 7 when it is published in the administrative code. 18 8 2. A reviewing court shall determine wholly de 18 9 novo the validity of a rule within the scope of 18 10 subsection 1 that is adopted without complying with 18 11 the provisions of sections 17A.3103 through 17A.3108. 18 12 Sec. 22. NEW SECTION. 17A.3110 CONCISE 18 13 EXPLANATORY STATEMENT. 18 14 1. At the time it adopts a rule, an agency shall 18 15 issue a concise explanatory statement containing all 18 16 of the following: 18 17 a. A summary of the principal reasons urged for 18 18 and against the rule. 18 19 b. The agency's reasons for adopting the rule, 18 20 including the agency's reasons for overruling the 18 21 considerations urged against its adoption. 18 22 c. An indication of any change between the text of 18 23 the proposed rule contained in the published notice of 18 24 proposed rule adoption and the text of the rule as 18 25 finally adopted, with the reasons for any change. 18 26 However, an agency may, without any additional 18 27 rulemaking proceedings, amend a concise explanatory 18 28 statement subsequent to its issuance in order to add, 18 29 based on later developments, new reasons for adopting 18 30 the rule or for overruling considerations urged 18 31 against adoption of the rule; but any such amendment 18 32 is effective only prospectively from the latter of the 18 33 date when the amendment is filed with the rule and its 18 34 original explanatory statement in the office of the 18 35 administrative rules coordinator as required by 18 36 section 17A.3114, subsection 1, and notice of the 18 37 amendment and a brief summary of its contents is 18 38 published in the administrative bulletin. 18 39 2. Only the reasons contained in the concise 18 40 explanatory statement may be used by any party as 18 41 justifications for the adoption of the rule in any 18 42 proceeding in which its validity is at issue. 18 43 Sec. 23. NEW SECTION. 17A.3111 CONTENTS, STYLE, 18 44 AND FORM OF RULE. 18 45 1. Each rule adopted by an agency must contain the 18 46 text of the rule and all of the following: 18 47 a. The date the agency adopted the rule. 18 48 b. A concise statement of the purpose of the rule. 18 49 c. A reference to all rules repealed, amended, or 18 50 suspended by the rule. 19 1 d. A reference to the specific statutory or other 19 2 authority authorizing adoption of the rule. 19 3 e. Any findings required by any provisions of law 19 4 as a prerequisite to adoption or effectiveness of the 19 5 rule. 19 6 f. The effective date of the rule if other than 19 7 that specified in section 17A.3115, subsection 1. 19 8 2. To the extent feasible, each rule should be 19 9 written in clear and concise language understandable 19 10 to persons who may be affected by it. 19 11 3. An agency may incorporate, by reference in its 19 12 rules and without publishing the incorporated matter 19 13 in full, all or any part of a code, standard, rule, or 19 14 regulation that has been adopted by an agency of the 19 15 United States or of this state, another state, or by a 19 16 nationally or internationally recognized organization 19 17 or association, if incorporation of its text in agency 19 18 rules would be unduly cumbersome, expensive, or 19 19 otherwise inexpedient. The reference in the agency 19 20 rules must fully identify the incorporated matter by 19 21 location, date, and otherwise, and must state that the 19 22 rule does not include any later amendments or editions 19 23 of the incorporated matter. An agency may incorporate 19 24 by reference such matter in its rules only if the 19 25 agency, organization, or association originally 19 26 issuing that matter makes copies of it readily 19 27 available to the public. The rules must state where 19 28 copies of the incorporated matter may be inspected, 19 29 and copied or purchased at cost, at the agency issuing 19 30 the rule, and where copies are available from the 19 31 entity originally issuing that matter. An agency 19 32 which adopts standards by reference to another 19 33 publication shall purchase and provide a copy of the 19 34 publication containing the standards to the 19 35 administrative rules coordinator who shall deposit the 19 36 copy in the state law library where it shall be made 19 37 available for inspection and reference. In those 19 38 cases where the purchase of an additional copy would 19 39 be an unreasonable expense, the administrative rules 19 40 coordinator may waive this requirement if the 19 41 publication can be temporarily and promptly obtained 19 42 for review by the state law library upon request. 19 43 Sec. 24. NEW SECTION. 17A.3112 AGENCY RULEMAKING 19 44 RECORD. 19 45 1. An agency shall maintain for a period of at 19 46 least five years an official rulemaking record for 19 47 each rule it adopts. The record and materials 19 48 incorporated by reference must be available for public 19 49 inspection. 19 50 2. The agency rulemaking record must contain all 20 1 of the following: 20 2 a. Copies of all publications in the 20 3 administrative bulletin with respect to the rule or 20 4 the proceeding upon which the rule is based. 20 5 b. Copies of any portions of the agency's public 20 6 rulemaking docket containing entries relating to the 20 7 rule or the proceeding upon which the rule is based. 20 8 c. All written petitions, requests, submissions, 20 9 and comments received by the agency and all other 20 10 written materials that are unprivileged and that are 20 11 not required by statute to be kept confidential that 20 12 were considered by the agency in connection with the 20 13 formulation, proposal, or adoption of the rule or the 20 14 proceeding upon which the rule is based. 20 15 d. Any official transcript of oral presentations 20 16 made in the proceeding upon which the rule is based 20 17 or, if not transcribed, any tape recording or 20 18 stenographic record of those presentations, and any 20 19 memorandum prepared by a presiding officer summarizing 20 20 the contents of those presentations. 20 21 e. A copy of any regulatory analysis prepared for 20 22 the proceeding upon which the rule is based. 20 23 f. A copy of the rule and explanatory statement 20 24 filed in the office of the administrative rules 20 25 coordinator. 20 26 g. All petitions for exceptions to, amendments of, 20 27 or repeal or suspension of, the rule. 20 28 h. A copy of any request filed pursuant to section 20 29 17A.3108, subsection 3. 20 30 i. A copy of any objection to the rule filed by 20 31 the administrative rules review committee pursuant to 20 32 section 17A.3204, subsection 4, and the agency's 20 33 response. 20 34 j. A copy of any filed executive order with 20 35 respect to the rule. 20 36 3. Upon judicial review, the record required by 20 37 this section constitutes the official agency 20 38 rulemaking record with respect to a rule. Except as 20 39 provided in section 17A.3110, subsection 2, or 20 40 otherwise required by a provision of law, the agency 20 41 rulemaking record need not constitute the exclusive 20 42 basis for agency action on that rule or for judicial 20 43 review thereof. 20 44 Sec. 25. NEW SECTION. 17A.3113 INVALIDITY OF 20 45 RULES NOT ADOPTED ACCORDING TO CHAPTER – TIME 20 46 LIMITATIONS. 20 47 1. A rule adopted after the effective date of this 20 48 Act is invalid unless adopted in substantial 20 49 compliance with the provisions of sections 17A.3102 20 50 through 17A.3108 and sections 17A.3110 through 21 1 17A.3112. 21 2 2. An action to contest the validity of a rule on 21 3 the grounds of its noncompliance with any provision of 21 4 sections 17A.3102 through 17A.3108 or sections 21 5 17A.3110 through 17A.3112 must be commenced within two 21 6 years after the effective date of the rule. 21 7 Sec. 26. NEW SECTION. 17A.3114 FILING OF RULES. 21 8 1. An agency shall file in the office of the 21 9 administrative rules coordinator three certified 21 10 copies of each rule it adopts and all existing rules 21 11 that have not previously been filed. The filing must 21 12 be done as soon after adoption of the rule as is 21 13 practicable. At the time of filing, each adopted rule 21 14 must have attached to it the explanatory statement 21 15 required by section 17A.3110. The administrative 21 16 rules coordinator shall assign an ARC number to each 21 17 rule and shall affix to each rule and statement a 21 18 certification of the time and date of filing and keep 21 19 a permanent register open to public inspection of all 21 20 filed rules and attached explanatory statements. In 21 21 filing a rule, each agency shall use a standard form 21 22 prescribed by the administrative rules coordinator. 21 23 2. The administrative rules coordinator shall 21 24 transmit to the administrative rules editor, two 21 25 certified copies of each filed rule as soon after its 21 26 filing as is practicable. 21 27 Sec. 27. NEW SECTION. 17A.3115 EFFECTIVE DATE OF 21 28 RULES. 21 29 1. Except to the extent subsection 2 provides 21 30 otherwise, each adopted rule becomes effective thirty- 21 31 five days after the later of its filing in the office 21 32 of the administrative rules coordinator or its 21 33 publication and indexing in the administrative 21 34 bulletin. 21 35 2. a. A rule becomes effective on a date later 21 36 than that established by subsection 1 if a later date 21 37 is required by another statute or specified in the 21 38 rule. 21 39 b. A rule may become effective immediately upon 21 40 its filing or on any subsequent date earlier than that 21 41 established by subsection 1 if the agency establishes 21 42 such an effective date and finds that one or more of 21 43 the following applies: 21 44 (1) The earlier effective date is required by 21 45 constitution, statute, or court order. 21 46 (2) The rule only confers a benefit or removes a 21 47 restriction on the public or some segment thereof. 21 48 (3) The rule only delays the effective date of 21 49 another rule that is not yet effective. 21 50 (4) The earlier effective date is necessary to 22 1 avoid immediate danger to the public health, safety, 22 2 or welfare. 22 3 (5) The rule is wholly ministerial and does not 22 4 alter the existing legal rights of any person. 22 5 c. The finding and a brief statement of the 22 6 reasons therefor required by paragraph "b" must be 22 7 made a part of the rule. In any action contesting the 22 8 effective date of a rule made effective under 22 9 paragraph "b", the burden is on the agency to justify 22 10 its finding. 22 11 d. Each agency shall make a reasonable effort to 22 12 make known to persons who may be affected by it a rule 22 13 made effective before publication and indexing under 22 14 this subsection. 22 15 3. This section does not relieve an agency from 22 16 compliance with any provision of law requiring that 22 17 some or all of its rules be approved by other 22 18 designated officials or bodies before they become 22 19 effective. 22 20 Sec. 28. NEW SECTION. 17A.3116 SPECIAL PROVISION 22 21 FOR CERTAIN CLASSES OF RULES. 22 22 Except to the extent otherwise provided by any 22 23 provision of law, sections 17A.3102 through 17A.3115 22 24 are inapplicable to all of the following: 22 25 1. A rule concerning only the internal management 22 26 of an agency which does not directly and substantially 22 27 affect the procedural or substantive rights or duties 22 28 of any segment of the public. 22 29 2. A rule that establishes criteria or guidelines 22 30 to be used by the staff of an agency in performing 22 31 audits, investigations, or inspections, settling 22 32 commercial disputes, negotiating commercial 22 33 arrangements, or in the defense, prosecution, or 22 34 settlement of cases, if disclosure of the criteria or 22 35 guidelines would do any of the following: 22 36 a. Enable law violators to avoid detection. 22 37 b. Facilitate disregard of requirements imposed by 22 38 law. 22 39 c. Give a clearly improper advantage to persons 22 40 who are in an adverse position to the state. 22 41 3. A rule that only establishes specific prices to 22 42 be charged for particular goods or services sold by an 22 43 agency. 22 44 4. A rule concerning only the physical servicing, 22 45 maintenance, or care of agency owned or operated 22 46 facilities or property. 22 47 5. A rule relating only to the use of a particular 22 48 facility or property owned, operated, or maintained by 22 49 the state or any of its political subdivisions, if the 22 50 substance of the rule is adequately indicated by means 23 1 of signs or signals to persons who use the facility or 23 2 property. 23 3 6. A rule concerning only inmates of a 23 4 correctional or detention facility, students enrolled 23 5 in an educational institution, or patients admitted to 23 6 a hospital, if adopted by that facility, institution, 23 7 or hospital. 23 8 7. A form whose contents or substantive 23 9 requirements are prescribed by rule or statute, and 23 10 instructions for the execution or use of the form. 23 11 8. An agency budget. 23 12 9. An opinion of the attorney general. 23 13 10. The terms of a collective bargaining 23 14 agreement. 23 15 Sec. 29. NEW SECTION. 17A.3117 PETITION FOR 23 16 ADOPTION OF RULE. 23 17 1. Any person may petition an agency requesting 23 18 the adoption of a rule. Each agency shall prescribe 23 19 by rule the form of the petition and the procedure for 23 20 its submission, consideration, and disposition. 23 21 Within sixty days after submission of a petition, the 23 22 agency shall either deny the petition in writing, 23 23 stating its reasons therefor, initiate rulemaking 23 24 proceedings in accordance with this chapter or if 23 25 otherwise lawful, adopt a rule. 23 26 2. If a person petitions an agency requesting the 23 27 adoption of a rule superseding specified principles of 23 28 law or policy lawfully declared by the agency as the 23 29 basis for its decisions in particular cases, the 23 30 agency shall initiate rulemaking proceedings in 23 31 accordance with this chapter and adopt such a rule 23 32 unless the agency finds, and incorporates in that 23 33 finding the reasons therefor, that the adoption of 23 34 such a rule at this time is infeasible or that such a 23 35 rule is impracticable, and provides a copy of that 23 36 finding to the petitioner. 23 37 PART 2 23 38 REVIEW OF AGENCY RULES 23 39 Sec. 30. NEW SECTION. 17A.3201 REVIEW BY AGENCY. 23 40 The administrative rules review committee, the 23 41 administrative rules coordinator, a political 23 42 subdivision, an agency, twenty-five persons signing 23 43 one request, or an association having not less than 23 44 twenty-five members, may request an agency to conduct 23 45 a formal review of a specified rule of that agency to 23 46 determine whether the rule should be repealed or 23 47 amended or a new rule adopted instead. If the agency 23 48 has not conducted such a review of the specified rule 23 49 within a period of five years prior to the filing with 23 50 the agency of that written request, the agency shall 24 1 prepare within a reasonable time a written report with 24 2 respect to the rule summarizing its findings, its 24 3 supporting reasons, and any proposed course of action. 24 4 The report must include, for the specified rule, a 24 5 concise statement of all of the following: 24 6 1. The rule's effectiveness in achieving its 24 7 objectives, including a summary of any available data 24 8 supporting the conclusions reached. 24 9 2. Criticisms of the rule received during the 24 10 previous five years, including a summary of any 24 11 petitions for waiver of the rule tendered to the 24 12 agency or granted by the agency. 24 13 3. Alternative solutions to the criticisms and the 24 14 reasons they were rejected or the changes made in the 24 15 rule in response to those criticisms and the reasons 24 16 for the changes. 24 17 A copy of the report must be sent to the 24 18 administrative rules review committee and the 24 19 administrative rules coordinator and be available for 24 20 public inspection. 24 21 Sec. 31. NEW SECTION. 17A.3202 REVIEW BY 24 22 GOVERNOR – ADMINISTRATIVE RULES COORDINATOR. 24 23 1. To the extent the agency itself would have such 24 24 authority, the governor may rescind or suspend all or 24 25 a severable portion of a rule of an agency. In 24 26 exercising this authority, the governor shall act by 24 27 an executive order. If the rule in question has been 24 28 effective for more than one hundred eighty days, that 24 29 executive order shall be subject to the provisions of 24 30 sections 17A.3103, 17A.3104, and 17A.3106 through 24 31 17A.3116 applicable to the adoption and effectiveness 24 32 of a rule. 24 33 2. The governor may summarily terminate any 24 34 pending rulemaking proceeding by an executive order to 24 35 that effect, stating in the order the reasons for the 24 36 action. The executive order must be filed in the 24 37 office of the administrative rules coordinator, which 24 38 shall promptly forward a certified copy to the agency 24 39 and the administrative rules editor. An executive 24 40 order terminating a rulemaking proceeding becomes 24 41 effective on the date it is filed and must be 24 42 published in the next issue of the administrative 24 43 bulletin. 24 44 3. There is created, within the office of the 24 45 governor, an administrative rules coordinator to 24 46 advise the governor in the execution of the authority 24 47 vested under this article. The governor shall appoint 24 48 the administrative rules coordinator who shall serve 24 49 at the pleasure of the governor. 24 50 Sec. 32. NEW SECTION. 17A.3203 ADMINISTRATIVE 25 1 RULES REVIEW COMMITTEE. 25 2 1. There is created an administrative rules review 25 3 committee. The committee shall be bipartisan and 25 4 shall be composed of the following members: 25 5 a. Five senators appointed by the majority leader 25 6 of the senate. 25 7 b. Five representatives appointed by the speaker 25 8 of the house. 25 9 2. Committee members shall be appointed prior to 25 10 the adjournment of a regular session convened in an 25 11 odd-numbered year. Member's terms of office shall be 25 12 for four years beginning May 1 of the year of 25 13 appointment. However, a member shall serve until a 25 14 successor is appointed. A vacancy on the committee 25 15 shall be filled by the original appointing authority 25 16 for the remainder of the term. A vacancy shall exist 25 17 whenever a committee member ceases to be a member of 25 18 the house from which the member was appointed. 25 19 3. A committee member shall be paid the per diem 25 20 specified in section 2.10, subsection 6, for each day 25 21 in attendance and shall be reimbursed for actual and 25 22 necessary expenses. There is appropriated from money 25 23 in the general fund not otherwise appropriated an 25 24 amount sufficient to pay costs incurred under this 25 25 section. 25 26 4. The committee shall choose a chairperson from 25 27 its membership and prescribe its rules of procedure. 25 28 The committee may employ a secretary or may appoint 25 29 the administrative rules editor or a designee to act 25 30 as secretary. 25 31 5. A regular committee meeting shall be held at 25 32 the seat of government on the second Tuesday of each 25 33 month. Unless impracticable in advance of each such 25 34 meeting the subject matter to be considered shall be 25 35 published in the Iowa administrative bulletin. A 25 36 special committee meeting may be called by the 25 37 chairperson at any place in the state and at any time. 25 38 Unless impracticable, in advance of each special 25 39 meeting notice of the time and place of such meeting 25 40 and the subject matter to be considered shall be 25 41 published in the Iowa administrative bulletin. 25 42 6. Notwithstanding section 13.7, the committee may 25 43 employ necessary legal and technical staff. 25 44 Sec. 33. NEW SECTION. 17A.3204 REVIEW BY 25 45 ADMINISTRATIVE RULES REVIEW COMMITTEE. 25 46 1. The administrative rules review committee shall 25 47 selectively review possible, proposed, or adopted 25 48 rules and prescribe appropriate committee procedures 25 49 for that purpose. The committee may receive and 25 50 investigate complaints from members of the public with 26 1 respect to possible, proposed, or adopted rules and 26 2 hold public proceedings on those complaints. 26 3 2. Committee meetings must be open to the public. 26 4 Subject to procedures established by the committee, 26 5 persons may present oral argument, data, or views at 26 6 those meetings. The committee may require a 26 7 representative of an agency whose possible, proposed, 26 8 or adopted rule is under examination to attend a 26 9 committee meeting and answer relevant questions. The 26 10 committee may also communicate to the agency its 26 11 comments on any possible, proposed, or adopted rule 26 12 and require the agency to respond to them in writing. 26 13 Unless impracticable, in advance of each committee 26 14 meeting notice of the time and place of the meeting 26 15 and the specific subject matter to be considered must 26 16 be published in the administrative bulletin. 26 17 3. The committee may recommend enactment of a 26 18 statute to improve the operation of an agency. The 26 19 committee may also recommend that a particular rule be 26 20 superseded in whole or in part by statute. The 26 21 speaker of the house and the president of the senate 26 22 shall refer those recommendations to the appropriate 26 23 standing committees. This subsection does not 26 24 preclude any committee of the general assembly from 26 25 reviewing a rule on its own motion or recommending 26 26 that it be superseded in whole or in part by statute. 26 27 4. a. If the committee objects to all or some 26 28 portion of a rule because the committee considers it 26 29 to be beyond the procedural or substantive authority 26 30 delegated to the adopting agency, or prohibited by 26 31 law, the committee may file that objection in the 26 32 office of the administrative rules coordinator. The 26 33 filed objection must contain a concise statement of 26 34 the committee's reasons for its action. 26 35 b. The administrative rules coordinator shall 26 36 affix to each objection a certification of the date 26 37 and time of its filing and as soon thereafter as 26 38 practicable shall transmit a certified copy thereof to 26 39 the agency issuing the rule in question and the 26 40 administrative rules editor. The administrative rules 26 41 coordinator shall also maintain a permanent register 26 42 open to public inspection of all objections by the 26 43 committee. 26 44 c. The administrative rules editor shall publish 26 45 and index an objection filed pursuant to this 26 46 subsection in the next issue of the administrative 26 47 bulletin and indicate its existence in a footnote to 26 48 the rule in question when that rule is published in 26 49 the administrative code. In case of a filed objection 26 50 by the committee to a rule that is subject to the 27 1 requirements of section 17A.2101, subsection 7, the 27 2 agency shall indicate the existence of that objection 27 3 adjacent to the rule in the official compilation 27 4 referred to in that subsection. 27 5 d. Within thirty days after the filing of an 27 6 objection by the committee to a rule, the adopting 27 7 agency shall respond in writing to the committee. 27 8 After receipt of the response, the committee may 27 9 withdraw or modify its objection. 27 10 e. After the filing of an objection by the 27 11 committee that is not subsequently withdrawn, the 27 12 burden is upon the agency in any proceeding for 27 13 judicial review or for enforcement of the rule to 27 14 establish that the whole or portion of the rule 27 15 objected to is within the procedural and substantive 27 16 authority delegated to the agency and not prohibited 27 17 by law. A court holding a rule in such a proceeding 27 18 to be invalid because it is outside the authority 27 19 delegated to the agency or prohibited by law shall 27 20 render judgment against the agency for court costs. 27 21 Court costs include a reasonable attorney's fee and 27 22 are payable by the treasurer of state from the support 27 23 appropriations of the agency that adopted the rule. 27 24 f. The failure of the administrative rules review 27 25 committee to object to a rule is not an implied 27 26 legislative authorization of its procedural or 27 27 substantive validity. 27 28 5. The committee may recommend to an agency that 27 29 it adopt a rule. The committee may also require an 27 30 agency to publish notice of the committee's 27 31 recommendation as a proposed rule of the agency and to 27 32 allow public participation thereon, according to the 27 33 provisions of sections 17A.3103 and 17A.3104. An 27 34 agency is not required to adopt the proposed rule. 27 35 6. The committee may, by a two-thirds vote of the 27 36 committee members, delay the effective date of an 27 37 adopted rule that is not yet effective for any period 27 38 designated by the committee that would end no later 27 39 than the next adjournment of a regular session of the 27 40 general assembly. When the committee takes such 27 41 action the committee shall state the reasons therefor. 27 42 If the general assembly has not disapproved the rule 27 43 by a joint resolution prior to the end of the period 27 44 during which its effectiveness has been delayed by the 27 45 action of the committee, the rule shall become 27 46 effective. If the rule is disapproved by the general 27 47 assembly during that period, the rule shall not become 27 48 effective and the agency shall summarily withdraw the 27 49 rule. 27 50 7. The committee shall file an annual report with 28 1 the presiding officer of each house and the governor. 28 2 ARTICLE 4 28 3 ADJUDICATIVE PROCEEDINGS 28 4 PART 1 28 5 AVAILABILITY OF ADJUDICATIVE PROCEEDINGS – 28 6 APPLICATIONS – LICENSES – WAIVER OF RULE 28 7 Sec. 34. NEW SECTION. 17A.4101 ADJUDICATIVE 28 8 PROCEEDINGS – WHEN REQUIRED – EXCEPTIONS. 28 9 1. An agency shall conduct an adjudicative 28 10 proceeding as the process for formulating and issuing 28 11 an order. However, an agency need not conduct an 28 12 adjudicative proceeding if the order is a decision to 28 13 do any of the following: 28 14 a. To issue or not to issue, or to authorize or 28 15 not to authorize the issuance of, a complaint, 28 16 summons, or similar accusation. 28 17 b. To initiate or not to initiate, or to authorize 28 18 or not to authorize the initiation of, an 28 19 investigation, prosecution, or other proceeding before 28 20 the agency, another agency, or a court. 28 21 c. Under section 17A.4103, not to conduct an 28 22 adjudicative proceeding. 28 23 This subsection does not preclude an agency from 28 24 establishing, subject to sections 17A.5107 and 28 25 17A.5112, procedures that must be followed prior to 28 26 the commencement of an adjudicative proceeding, or 28 27 from issuing an order prior to conducting an 28 28 adjudicative proceeding if any of the following apply: 28 29 (1) The person subject to that order may, within a 28 30 time period specified by rule or in the order, file an 28 31 application for an adjudicative proceeding, that 28 32 application will automatically dissolve the order from 28 33 the time of its issuance, and the substantial rights 28 34 of the person subject to that order are not prejudiced 28 35 by the order in the interim period prior to its 28 36 automatic dissolution resulting from the filing of an 28 37 application for an adjudicative proceeding. 28 38 (2) The order was properly issued in accordance 28 39 with section 17A.4501. 28 40 (3) The agency was expressly authorized by statute 28 41 to issue that order prior to conducting an 28 42 adjudicative proceeding, in which case, the agency 28 43 must proceed as quickly as feasible after its issuance 28 44 to complete any proceeding that would be required if 28 45 the statute had not authorized such action in advance 28 46 of any adjudicative proceeding. 28 47 2. This article applies to rulemaking proceedings 28 48 only to the extent that another statute expressly so 28 49 requires. 28 50 Sec. 35. NEW SECTION. 17A.4102 ADJUDICATIVE 29 1 PROCEEDINGS – COMMENCEMENT. 29 2 1. Subject to the requirements of other provisions 29 3 of law, an agency may commence an adjudicative 29 4 proceeding at any time with respect to a matter within 29 5 the agency's jurisdiction. 29 6 2. An agency shall commence an adjudicative 29 7 proceeding upon the application of any person, unless 29 8 any of the following apply: 29 9 a. The agency lacks jurisdiction of the subject 29 10 matter. 29 11 b. Resolution of the matter requires the agency to 29 12 exercise discretion within the scope of section 29 13 17A.4101, subsection 1. 29 14 c. A statute vests the agency with discretion to 29 15 conduct or not to conduct an adjudicative proceeding 29 16 before issuing an order to resolve the matter and, in 29 17 the exercise of that discretion, the agency has 29 18 determined not to conduct an adjudicative proceeding. 29 19 d. Resolution of the matter does not require the 29 20 agency to issue an order that determines the 29 21 applicant's legal rights, duties, privileges, 29 22 immunities, or other legal interests. 29 23 e. The matter was not timely submitted to the 29 24 agency according to any applicable provision of law 29 25 and there is no dispute of fact as to the time of its 29 26 submission. 29 27 f. The matter was not submitted in a form 29 28 substantially complying with any applicable provision 29 29 of law. 29 30 3. Subject to other provisions of law, each agency 29 31 may, by rule, establish specified time limits for 29 32 commencing various classes of adjudicative proceedings 29 33 that are within the agency's jurisdiction. 29 34 4. An application for an agency to issue an order 29 35 includes an application for the agency to conduct 29 36 appropriate adjudicative proceedings, whether or not 29 37 the applicant expressly requests those proceedings. 29 38 5. An adjudicative proceeding commences when the 29 39 agency or a presiding officer does any of the 29 40 following: 29 41 a. Notifies a party that a prehearing conference, 29 42 hearing, or other stage of an adjudicative proceeding 29 43 will be conducted. 29 44 b. Begins to take action on a matter that 29 45 appropriately may be determined by an adjudicative 29 46 proceeding, unless this action is one of the 29 47 following: 29 48 (1) An investigation for the purpose of 29 49 determining whether an adjudicative proceeding should 29 50 be conducted. 30 1 (2) A decision which, under section 17A.4101, 30 2 subsection 1, the agency may make without conducting 30 3 an adjudicative proceeding. 30 4 Sec. 36. NEW SECTION. 17A.4103 DECISION NOT TO 30 5 CONDUCT ADJUDICATIVE PROCEEDING. 30 6 An agency that decides, pursuant to section 30 7 17A.4102, subsection 2, not to conduct an adjudicative 30 8 proceeding in response to an application, shall 30 9 furnish the applicant a copy of its decision in 30 10 writing, with a brief statement of the agency's 30 11 reasons and of any administrative review available to 30 12 the applicant. 30 13 Sec. 37. NEW SECTION. 17A.4104 AGENCY ACTION ON 30 14 APPLICATIONS. 30 15 1. Except to the extent that the time limits in 30 16 this subsection are inconsistent with limits 30 17 established by another statute for any stage of the 30 18 proceedings, an agency shall process an application 30 19 for an order, other than a declaratory order, as 30 20 follows: 30 21 a. Within thirty days after receipt of the 30 22 application, the agency shall examine the application, 30 23 notify the applicant of any apparent errors or 30 24 omissions, request any additional information the 30 25 agency wishes to obtain and is permitted by law to 30 26 require, and notify the applicant of the name, 30 27 official title, mailing address, and telephone number 30 28 of any agency member or employee who may be contacted 30 29 regarding the application. 30 30 b. Except in situations governed by paragraph "c", 30 31 within ninety days after receipt of the application or 30 32 of the response to a timely request made by the agency 30 33 pursuant to paragraph "a", the agency shall do one of 30 34 the following: 30 35 (1) Approve or deny the application, in whole or 30 36 in part, on the basis of emergency or summary 30 37 adjudicative proceedings, if those proceedings are 30 38 available under this chapter for disposition of the 30 39 matter. 30 40 (2) Commence a formal adjudicative hearing or a 30 41 conference adjudicative hearing in accordance with 30 42 this chapter. 30 43 (3) Dispose of the application in accordance with 30 44 section 17A.4103. 30 45 c. If the application pertains to subject matter 30 46 that is not available when the application is filed 30 47 but may be available in the future, including an 30 48 application for housing or employment at a time no 30 49 vacancy exists, the agency may proceed to make a 30 50 determination of eligibility within the time provided 31 1 in paragraph "b". If the agency determines that the 31 2 applicant is eligible, the agency shall maintain the 31 3 application on the agency's list of eligible 31 4 applicants as provided by law and, upon request, shall 31 5 notify the applicant of the status of the application. 31 6 2. If a timely application has been made for 31 7 renewal of a license with reference to any activity of 31 8 a continuing nature, the existing license does not 31 9 expire until the agency has taken final action upon 31 10 the application for renewal or, if the agency's action 31 11 is unfavorable, until the last day for seeking 31 12 judicial review of the agency's action or a later date 31 13 fixed by the reviewing court or agency. 31 14 Sec. 38. NEW SECTION. 17A.4105 AGENCY ACTION 31 15 AGAINST LICENSEES. 31 16 An agency shall not revoke, suspend, modify, annul, 31 17 withdraw, or amend a license unless the agency first 31 18 gives notice and an opportunity for an appropriate 31 19 adjudicative proceeding in accordance with this 31 20 chapter or other statute. This section does not 31 21 preclude an agency from taking immediate action to 31 22 protect the public interest in accordance with section 31 23 17A.4501 or adopting rules, otherwise within the scope 31 24 of its authority, pertaining to a class of licensees, 31 25 including rules affecting the existing licenses of a 31 26 class of licensees. 31 27 Sec. 39. NEW SECTION. 17A.4106 PETITION FOR 31 28 WAIVER OF RULE. 31 29 1. A person may file a petition with an agency 31 30 requesting a waiver, in whole or in part, of a rule of 31 31 that agency on the ground that the application of the 31 32 rule to the particular circumstances of that person 31 33 would qualify for a waiver under subsection 5. A 31 34 petition filed under this provision must specify the 31 35 rule in question, the precise scope of the waiver 31 36 requested, the specific facts that would justify a 31 37 waiver for petitioner, and the reasons why the 31 38 particular application of the rule to petitioner for 31 39 which the waiver is requested would qualify for a 31 40 waiver under subsection 5. 31 41 2. Each agency shall issue rules consistent with 31 42 this section concerning all of the following: 31 43 a. Governing the form, contents, and filing of 31 44 petitions for the waivers of rules. 31 45 b. Specifying the procedural rights of persons in 31 46 relation to such petitions. 31 47 c. Providing for the disposition of those 31 48 petitions. 31 49 3. Within fifteen days after receipt of a petition 31 50 for waiver of a rule, the agency shall cause to be 32 1 published in the administrative bulletin, notice of 32 2 the pendency of the petition, including a concise 32 3 summary of its contents, and shall give notice of the 32 4 petition to all persons to whom notice is required by 32 5 any provision of law. In addition, the agency may 32 6 give notice to any other persons. Persons who qualify 32 7 under section 17A.4209, subsection 1, paragraphs "b" 32 8 and "c", as an intervenor and file timely petitions 32 9 for intervention according to agency rules may 32 10 intervene in proceedings for waivers of a rule. Other 32 11 provisions of this article apply to agency proceedings 32 12 for waivers of a rule only to the extent an agency so 32 13 provides by rule or order. 32 14 4. An order granting or denying such a petition 32 15 shall be in writing and shall contain a statement of 32 16 the relevant facts and reasons supporting that action. 32 17 An agency shall grant or deny such a petition within 32 18 ninety days of its receipt. Failure of an agency to 32 19 grant or deny such a petition within ninety days of 32 20 its receipt shall be deemed a denial of that petition 32 21 by the agency. 32 22 5. Unless otherwise prohibited by statute, an 32 23 agency shall issue an order granting a petition for a 32 24 waiver of a rule, in whole or in part, if application 32 25 of the rule to the petitioner on the basis of the 32 26 particular facts specified in the petition would not 32 27 serve any of the purposes of the rule. Unless 32 28 otherwise prohibited by statute, an agency may issue 32 29 an order granting a petition for waiver of a rule, in 32 30 whole or in part, if application of the rule to the 32 31 petitioner would result in undue hardship, waiver of 32 32 the rule on the basis of the facts specified in the 32 33 petition would be consistent with the public interest, 32 34 and waiver of the rule as to petitioner would not 32 35 prejudice the substantial rights of any other person. 32 36 An order granting such a petition shall constitute a 32 37 defense in any subsequent proceeding where the 32 38 applicability of that rule to petitioner is at issue 32 39 if petitioner proves in that subsequent proceeding all 32 40 of the relevant facts pertaining to petitioner upon 32 41 which that waiver order was based and that the 32 42 particular application of the rule at issue was within 32 43 the scope of the waiver order in question. 32 44 6. In an agency proceeding to enforce a rule of 32 45 that agency, a person resisting the enforcement of the 32 46 rule may defend successfully upon a demonstration that 32 47 application of the rule to the person would not serve 32 48 any of the purposes of the rule. 32 49 7. An agency may, on its own motion, waive the 32 50 application of one or more of its rules, in whole or 33 1 in part, to a specified person on the ground that the 33 2 relevant facts pertaining to that person would qualify 33 3 that person for a waiver under the provisions of 33 4 subsection 5, by issuing an order containing the facts 33 5 and reasons justifying that waiver. An order granting 33 6 such a waiver on an agency's own motion shall 33 7 constitute a defense in any subsequent proceeding 33 8 where the applicability of that rule is at issue if 33 9 the petitioner proves in that subsequent proceeding 33 10 all of the relevant facts pertaining to the petitioner 33 11 upon which that waiver order was based and that the 33 12 particular application of the rule at issue was within 33 13 the scope of the waiver order in question. 33 14 8. Any order issued under this section shall be 33 15 transmitted to petitioner or to the person as to whom 33 16 the waiver order pertains, to the administrative rules 33 17 review committee, and to the administrative rules 33 18 coordinator, within seven days of its issuance. 33 19 9. An agency shall maintain a file for each of its 33 20 rules for which a waiver order has been issued 33 21 containing all orders waiving the application to any 33 22 person of that rule. 33 23 10. This section does not apply to a rule that 33 24 only defines the meaning of a statute or other 33 25 provision of law or precedent if the agency does not 33 26 possess delegated authority to bind the courts to any 33 27 extent with its definition and does not authorize an 33 28 agency to waive any requirement created or duty 33 29 imposed by statute. 33 30 PART 2 33 31 FORMAL ADJUDICATIVE HEARING 33 32 Sec. 40. NEW SECTION. 17A.4201 APPLICABILITY. 33 33 An adjudicative proceeding is governed by this part 33 34 when, prior to the issuance of an order, constitution 33 35 or statute requires an opportunity for an evidentiary 33 36 hearing that must be determined on the record of that 33 37 proceeding, except as otherwise provided by any of the 33 38 following: 33 39 1. A statute other than this chapter. 33 40 2. A rule that adopts the procedures for the 33 41 conference adjudicative hearing or summary 33 42 adjudicative proceeding in accordance with the 33 43 standards provided in this chapter for those 33 44 proceedings. 33 45 3. Section 17A.4501 pertaining to emergency 33 46 adjudicative proceedings. 33 47 4. Section 17A.2103 pertaining to declaratory 33 48 proceedings. 33 49 5. Section 17A.4106 pertaining to petitions for 33 50 waiver of rules. 34 1 Sec. 41. NEW SECTION. 17A.4202 PRESIDING 34 2 OFFICER, DISQUALIFICATION, SUBSTITUTION. 34 3 1. a. If the agency or an officer of the agency 34 4 under whose authority the adjudicative proceeding is 34 5 to take place is a named party to that proceeding or a 34 6 real party in interest to that proceeding, in the 34 7 discretion of the agency head, the presiding officer 34 8 may be either the agency head, one or more members of 34 9 the agency head, or one or more administrative law 34 10 judges assigned by the office of administrative 34 11 hearings in accordance with the provisions of section 34 12 17A.4301. However, the agency head shall designate as 34 13 the presiding officer an administrative law judge 34 14 assigned by the office of administrative hearings in 34 15 accordance with the provisions of section 17A.4301 if 34 16 any person to whom the agency action is specifically 34 17 directed timely requests an administrative law judge 34 18 to preside at the proceeding. 34 19 b. If the agency or an officer of the agency under 34 20 whose authority the adjudicative proceeding is to take 34 21 place is not a named party to that proceeding or a 34 22 real party in interest to that proceeding, in the 34 23 discretion of the agency head, the presiding officer 34 24 may be either the agency head, one or more members of 34 25 the agency head, an administrative law judge assigned 34 26 by the office of administrative hearings in accordance 34 27 with the provisions of section 17A.4301, or any other 34 28 qualified person designated as a presiding officer by 34 29 the agency head. Any other person designated as a 34 30 presiding officer by the agency head may be employed 34 31 by and officed in the agency for which that person 34 32 acts as a presiding officer, but such a person shall 34 33 not perform duties inconsistent with that person's 34 34 duties and responsibilities as a presiding officer and 34 35 shall be governed by the merit system provisions of 34 36 chapter 19A. 34 37 2. Any person serving or designated to serve alone 34 38 or with others as a presiding officer is subject to 34 39 disqualification for bias, prejudice, interest, or any 34 40 other cause provided in this chapter or for which a 34 41 judge is or may be disqualified. 34 42 3. Any party may timely request the 34 43 disqualification of a person after receipt of notice 34 44 indicating that the person will preside or upon 34 45 discovering facts establishing grounds for 34 46 disqualification, whichever is later. 34 47 4. A person whose disqualification is requested 34 48 shall determine whether to grant the request, stating 34 49 facts and reasons for the determination. 34 50 5. If a substitute is required for a person who is 35 1 disqualified or becomes unavailable for any other 35 2 reason, the substitute must be appointed by either of 35 3 the following: 35 4 a. The governor, if the disqualified or 35 5 unavailable person is an elected official. 35 6 b. The appointing authority, if the disqualified 35 7 or unavailable person is an appointed official. 35 8 6. Any action taken by a duly-appointed substitute 35 9 for a disqualified or unavailable person is as 35 10 effective as if taken by the latter. 35 11 Sec. 42. NEW SECTION. 17A.4203 REPRESENTATION. 35 12 1. Any party may participate in the hearing in 35 13 person or, if the party is a corporation or other 35 14 artificial person, by a duly authorized 35 15 representative. 35 16 2. Whether or not participating in person, any 35 17 party may be advised and represented at the party's 35 18 own expense by counsel or, if permitted by any 35 19 provision of law, other representative. 35 20 3. Any party may designate in writing with an 35 21 agency an authorized representative to act on behalf 35 22 of that party in a particular proceeding. An attorney 35 23 licensed to practice in this state who files an 35 24 appearance or a pleading with an agency on behalf of a 35 25 party shall be deemed to be the designated authorized 35 26 representative of the party in that proceeding. If an 35 27 authorized representative has been designated, notice 35 28 to a party required under this article must be 35 29 satisfied by providing the notice to that 35 30 representative. 35 31 Sec. 43. NEW SECTION. 17A.4204 PREHEARING 35 32 CONFERENCE – AVAILABILITY – NOTICE. 35 33 The presiding officer designated to conduct the 35 34 hearing may determine, subject to the agency's rules, 35 35 whether a pre-hearing conference will be conducted. 35 36 If the conference is conducted the following apply: 35 37 1. The presiding officer shall promptly notify the 35 38 agency of the determination that a prehearing 35 39 conference will be conducted. If the presiding 35 40 officer decides that another presiding officer should 35 41 conduct that conference, the agency shall assign or 35 42 request the office of administrative hearings to 35 43 assign a presiding officer for the prehearing 35 44 conference, exercising the same discretion as is 35 45 provided by section 17A.4202 concerning the selection 35 46 of a presiding officer for a hearing. 35 47 2. The presiding officer for the prehearing 35 48 conference shall set the time and place of the 35 49 conference and give reasonable and timely written 35 50 notice to all parties and to all persons who have 36 1 filed written petitions to intervene in the matter. 36 2 The agency shall also give such notice to other 36 3 persons entitled to notice under any provision of law. 36 4 3. The notice must include all of the following: 36 5 a. The names of all parties, and the mailing 36 6 addresses of all parties or the names and mailing 36 7 addresses of their designated representatives, and the 36 8 names and mailing addresses of all other persons to 36 9 whom notice is being given by the presiding officer. 36 10 b. The name, official title, mailing address, and 36 11 telephone number of any counsel or employee who has 36 12 been designated to appear for the agency. 36 13 c. The official file or other reference number, 36 14 the name of the proceeding, and a general description 36 15 of the subject matter. 36 16 d. A statement of the time, place, and nature of 36 17 the prehearing conference. 36 18 e. A statement of the legal authority and 36 19 jurisdiction under which the prehearing conference and 36 20 the hearing are to be held. 36 21 f. The name, official title, mailing address and 36 22 telephone number of the presiding officer for the 36 23 prehearing conference. 36 24 g. A statement that at the prehearing conference 36 25 the proceeding, without further notice, may be 36 26 converted into a conference adjudicative hearing or a 36 27 summary adjudicative proceeding for disposition of the 36 28 matter as provided by this chapter. 36 29 h. A statement that a party who fails to attend or 36 30 participate in a prehearing conference, hearing, or 36 31 other stage of an adjudicative proceeding may be held 36 32 in default under this chapter. 36 33 4. The notice may include a statement that each 36 34 party must bring to the prehearing conference 36 35 specified listed materials or information, as 36 36 determined by the presiding officer, and that a 36 37 failure to do so, without good cause, will preclude 36 38 that party from subsequently introducing those 36 39 materials or that information in the proceeding. The 36 40 notice may also include any other matters that the 36 41 presiding officer considers desirable to expedite the 36 42 proceedings. 36 43 Sec. 44. NEW SECTION. 17A.4205 PREHEARING 36 44 CONFERENCE – PROCEDURE AND PREHEARING ORDER. 36 45 1. The presiding officer may conduct all or part 36 46 of the prehearing conference by telephone, 36 47 videoconference, or other electronic means if each 36 48 participant in the conference has an opportunity to 36 49 participate in, to hear, and, if technically feasible, 36 50 to see the entire proceeding while it is taking place. 37 1 2. The presiding officer shall conduct the 37 2 prehearing conference, as may be appropriate, to deal 37 3 with such matters as conversion of the proceeding to 37 4 another type of proceeding, exploration of settlement 37 5 possibilities, waivers of any rights conferred upon a 37 6 party by this chapter that are relevant to the 37 7 proceeding, preparation of stipulations on any 37 8 relevant matter, clarification of issues, rulings on 37 9 identity and limitation of the number of witnesses, 37 10 objections to proffers of evidence, determination of 37 11 the extent to which evidence will be presented in 37 12 written form, and the extent to which telephone, 37 13 videoconference, or other electronic means will be 37 14 used as a substitute for proceedings in person, order 37 15 of presentation of evidence and cross-examination, 37 16 rulings regarding issuance of subpoenas, discovery 37 17 orders and protective orders, and such other matters 37 18 as will promote the orderly and prompt conduct of the 37 19 hearing. The presiding officer shall issue a 37 20 prehearing order incorporating the matters determined 37 21 at the prehearing conference and may deviate from that 37 22 order at the hearing only with the consent of all 37 23 parties or for good cause. 37 24 3. If a prehearing conference is not held, the 37 25 presiding officer for the hearing may issue a 37 26 prehearing order, based on the pleadings, to regulate 37 27 the conduct of the proceedings. 37 28 Sec. 45. NEW SECTION. 17A.4206 NOTICE OF 37 29 HEARING. 37 30 1. The presiding officer for the hearing, or 37 31 another person authorized to do so by rule of the 37 32 agency, shall set the time and place of the hearing 37 33 and give reasonable and timely written notice to all 37 34 parties and to all persons who have filed written 37 35 petitions to intervene in the matter. 37 36 2. The notice must include a copy of any 37 37 prehearing order issued in the matter unless the 37 38 parties and persons who have filed written petitions 37 39 to intervene have already been furnished with a copy 37 40 of such an order. 37 41 3. To the extent not included in a prehearing 37 42 order accompanying it, the notice must include all of 37 43 the following: 37 44 a. The names of all parties, and the mailing 37 45 addresses of all parties or the names and mailing 37 46 addresses of their designated representatives, and the 37 47 names and mailing addresses of all other persons to 37 48 whom notice is being given. 37 49 b. The name, official title, mailing address and 37 50 telephone number of any counsel or employee who has 38 1 been designated to appear for the agency. 38 2 c. The official file or other reference number, 38 3 the name of the proceeding, and a general description 38 4 of the subject matter. 38 5 d. A statement of the time, place, and nature of 38 6 the hearing. 38 7 e. A statement of the legal authority and 38 8 jurisdiction under which the hearing is to be held. 38 9 f. The name, official title, mailing address, and 38 10 telephone number of the presiding officer. 38 11 g. To the extent known to the person giving 38 12 notice, a short and plain statement of the issues 38 13 involved and of the matters asserted by the parties. 38 14 h. A statement that a party who fails to attend or 38 15 participate in a prehearing conference, hearing, or 38 16 other stage of an adjudicative proceeding may be held 38 17 in default under this chapter. 38 18 4. The notice may include any other matters the 38 19 presiding officer considers desirable to expedite the 38 20 proceedings. 38 21 5. The agency shall give notice to persons 38 22 entitled to notice under any provision of law who have 38 23 not been given notice by the presiding officer. 38 24 Notice under this subsection may include all types of 38 25 information provided in subsections 1 through 4 or may 38 26 consist of a brief statement indicating the subject 38 27 matter, parties, time, place, and nature of the 38 28 hearing, manner in which copies of the notice to the 38 29 parties may be inspected and copied, and name and 38 30 telephone number of the presiding officer. 38 31 Sec. 46. NEW SECTION. 17A.4207 PLEADINGS, 38 32 BRIEFS, MOTIONS, SERVICE. 38 33 1. The presiding officer, at appropriate stages of 38 34 the proceedings, shall give all parties full 38 35 opportunity to file pleadings, motions, and 38 36 objections. 38 37 2. The presiding officer, at appropriate stages of 38 38 the proceedings, may give all parties full opportunity 38 39 to file briefs, proposed findings of fact and 38 40 conclusions of law, and proposed initial or final 38 41 orders. 38 42 3. A party shall serve copies of any filed item on 38 43 all parties, by mail or any other means prescribed by 38 44 agency rule. 38 45 Sec. 47. NEW SECTION. 17A.4208 DEFAULT. 38 46 1. If a party fails to attend or participate in a 38 47 prehearing conference, hearing, or other stage of an 38 48 adjudicative proceeding, the presiding officer shall 38 49 serve all parties by certified mail written notice of 38 50 a proposed default order, including a statement of the 39 1 grounds. 39 2 2. Within fifteen days or such longer period 39 3 specified by rule after the mailing by certified mail 39 4 of a proposed default order, the party against whom it 39 5 was issued may file a written motion requesting that 39 6 the proposed default order be vacated and stating the 39 7 grounds relied upon. A proposed default order may be 39 8 vacated for any reason specified in the rules of civil 39 9 procedure or for any other reason specified by agency 39 10 rule. During the time within which a party may file a 39 11 written motion under this subsection, the presiding 39 12 officer may adjourn the proceedings or conduct them 39 13 without the participation of the party against whom a 39 14 proposed default order was issued, having due regard 39 15 for the interests of justice and the orderly and 39 16 prompt conduct of the proceedings. 39 17 3. The presiding officer shall either issue or 39 18 vacate the default order promptly after expiration of 39 19 the time within which the party may file a written 39 20 motion under subsection 2. 39 21 4. After issuing a default order, the presiding 39 22 officer shall conduct any further proceedings 39 23 necessary to complete the adjudication without the 39 24 participation of the party in default and shall 39 25 determine all issues in the adjudication, including 39 26 those affecting the defaulting party. 39 27 Sec. 48. NEW SECTION. 17A.4209 INTERVENTION. 39 28 1. The presiding officer shall grant a petition 39 29 for intervention if all of the following apply: 39 30 a. The petition is submitted in writing to the 39 31 presiding officer, with copies mailed to all parties 39 32 named in the presiding officer's notice of the 39 33 hearing, at least twenty days before the hearing. 39 34 b. The petition states facts demonstrating that 39 35 the petitioner's legal rights, duties, privileges, 39 36 immunities, or other legal interests may be 39 37 substantially affected by the proceeding or that the 39 38 petitioner qualifies as an intervenor under any 39 39 provision of law. 39 40 c. The presiding officer determines that the 39 41 interests of justice and the orderly and prompt 39 42 conduct of the proceedings will not be impaired by 39 43 allowing the intervention. 39 44 2. The presiding officer may grant a petition for 39 45 intervention at any time, upon determining that the 39 46 intervention sought is in the interests of justice and 39 47 will not impair the orderly and prompt conduct of the 39 48 proceedings. 39 49 3. If a petitioner qualifies for intervention, the 39 50 presiding officer may impose conditions upon the 40 1 intervenor's participation in the proceedings, either 40 2 at the time that intervention is granted or at any 40 3 subsequent time. Conditions may include any or all of 40 4 the following: 40 5 a. Limiting the intervenor's participation to 40 6 designated issues in which the intervenor has a 40 7 particular interest demonstrated by the petition. 40 8 b. Limiting the intervenor's use of discovery, 40 9 cross-examination, and other procedures so as to 40 10 promote the orderly and prompt conduct of the 40 11 proceedings. 40 12 c. Requiring two or more intervenors to combine 40 13 their presentations of evidence and argument, cross- 40 14 examination, discovery, and other participation in the 40 15 proceedings. 40 16 4. The presiding officer shall issue an order 40 17 granting or denying each pending petition for 40 18 intervention, specifying any conditions, and briefly 40 19 stating the reasons for the order. The presiding 40 20 officer may modify the order at any time, stating the 40 21 reasons for the modification. The presiding officer 40 22 shall promptly give notice of an order granting, 40 23 denying, or modifying intervention to the petitioner 40 24 for intervention and to all parties. 40 25 Sec. 49. NEW SECTION. 17A.4210 SUBPOENAS, 40 26 DISCOVERY, AND PROTECTIVE ORDERS. 40 27 1. Discovery procedures applicable to civil 40 28 actions are available to all parties in accordance 40 29 with the rules of civil procedure. Upon notice to all 40 30 parties, the presiding officer at the request of any 40 31 party shall, and upon the presiding officer's own 40 32 motion may, administer oaths and issue subpoenas, 40 33 discovery orders, and protective orders, in accordance 40 34 with the rules of civil procedure. 40 35 2. Any party or person to whom the subpoena or 40 36 similar process is directed may object to the issuance 40 37 of the subpoena or process. The presiding officer and 40 38 any reviewing district court shall sustain the 40 39 subpoena or similar process only to the extent that it 40 40 is found to be in accordance with the law applicable 40 41 to the issuance of subpoenas or discovery in civil 40 42 actions. 40 43 3. Subpoenas and orders issued under this section 40 44 may be enforced pursuant to article 5, part 2, of this 40 45 chapter on civil enforcement of agency action. 40 46 4. An agency party that relies on a witness in an 40 47 adjudicative proceeding, whether or not an agency 40 48 employee, who has made prior statements or reports to 40 49 the agency with respect to the subject matter of the 40 50 witness' testimony, shall, on request, make such 41 1 statements or reports available prior to hearing to 41 2 parties for use on cross-examination, unless those 41 3 statements or reports are otherwise expressly exempt 41 4 from disclosure by constitution or statute. 41 5 Identifiable agency records that are relevant to 41 6 disputed material facts involved in an adjudicative 41 7 proceeding, shall, upon request, promptly be made 41 8 available to a party unless the requested records are 41 9 expressly exempt from disclosure by constitution or 41 10 statute. 41 11 5. Unless provided otherwise by any applicable 41 12 provision of law, an agency authorized to issue an 41 13 investigatory subpoena for the purpose of determining 41 14 whether to commence an adjudicative proceeding may do 41 15 so only after giving notice of the proposed issuance 41 16 of the subpoena and an opportunity to contest its 41 17 issuance to the persons who are the subject of the 41 18 agency investigation. However, an agency may omit 41 19 such notice and opportunity if it obtains an order 41 20 from a district court approving that omission because 41 21 of any of the following: 41 22 a. The whereabouts of the persons who are the 41 23 subject of the agency investigation are unknown and 41 24 could not be ascertained with reasonable efforts. 41 25 b. Such notice to the persons who are the subject 41 26 of the agency investigation would seriously interfere 41 27 with the agency's ability to obtain the evidence 41 28 necessary to perform its law enforcement 41 29 responsibilities. 41 30 c. Such notice would result in imminent peril to 41 31 the health, safety, or welfare of any person or 41 32 persons. 41 33 Sec. 50. NEW SECTION. 17A.4211 PROCEDURE AT 41 34 HEARING. 41 35 At a hearing, all of the following apply: 41 36 1. The presiding officer shall regulate the course 41 37 of the proceedings in conformity with any prehearing 41 38 order. 41 39 2. To the extent necessary for full disclosure of 41 40 all relevant facts and issues, the presiding officer 41 41 shall afford to all parties the opportunity to 41 42 respond, present evidence and argument, conduct cross- 41 43 examination, and submit rebuttal evidence, except as 41 44 restricted by a limited grant of intervention or by 41 45 the prehearing order. 41 46 3. The presiding officer may conduct all or part 41 47 of the hearing by telephone, videoconference, or other 41 48 electronic means, if each participant in the hearing 41 49 has an opportunity to participate in, to hear, and, if 41 50 technically feasible, to see the entire proceeding 42 1 while it is taking place. 42 2 4. The presiding officer shall cause the hearing 42 3 to be recorded at the agency's expense. The agency is 42 4 not required, at its expense, to prepare a transcript, 42 5 unless required to do so by a provision of law. Any 42 6 party, at the party's expense, may cause a reporter 42 7 approved by the agency to prepare a transcript from 42 8 the agency's record, or cause additional recordings to 42 9 be made during the hearing if the making of the 42 10 additional recordings does not cause distraction or 42 11 disruption. The recording or stenographic notes of 42 12 oral proceedings or the transcription thereof shall be 42 13 filed with and maintained by the agency for at least 42 14 three years from the later of the date of the final 42 15 agency order in that case, or the date any proceedings 42 16 for judicial review of that case become final. 42 17 5. The hearing is open to public observation, 42 18 except for the parts that the presiding officer states 42 19 to be closed pursuant to a provision of law expressly 42 20 authorizing closure. To the extent that a hearing is 42 21 conducted by telephone, videoconference, or other 42 22 electronic means, and is not closed, the availability 42 23 of public observation is satisfied by giving members 42 24 of the public an opportunity to observe and hear that 42 25 communication at the location of any one of the 42 26 participants, as designated by the presiding officer, 42 27 or if that is not feasible, at reasonable times, to 42 28 hear or inspect the agency's record, and to inspect 42 29 any transcript obtained by the agency. 42 30 Sec. 51. NEW SECTION. 17A.4212 EVIDENCE – 42 31 OFFICIAL NOTICE. 42 32 1. Upon proper objection, the presiding officer 42 33 shall exclude evidence that is irrelevant, immaterial, 42 34 unduly repetitious, or excludable on constitutional or 42 35 statutory grounds or on the basis of evidentiary 42 36 privilege recognized in the courts of this state. In 42 37 the absence of proper objection, the presiding officer 42 38 may exclude objectionable evidence after notifying the 42 39 parties of an intention to do so and providing the 42 40 parties with an opportunity to object to that 42 41 exclusion. Evidence shall not be excluded solely 42 42 because it is hearsay. 42 43 2. All testimony of parties and witnesses must be 42 44 made under oath or affirmation. 42 45 3. Any part of the evidence may be received in 42 46 written form if doing so will expedite the hearing 42 47 without substantial prejudice to the interests of any 42 48 party. 42 49 4. Documentary evidence may be received in the 42 50 form of a copy or excerpt. Upon request, parties must 43 1 be given an opportunity to compare the copy with the 43 2 original if available. 43 3 5. Official notice may be taken of any fact that 43 4 could be judicially noticed in the courts of this 43 5 state, the record of other proceedings before the 43 6 agency, technical or scientific matters within the 43 7 agency's specialized knowledge, and codes or standards 43 8 that have been adopted by an agency of the United 43 9 States, of this state, or of another state, or by a 43 10 nationally recognized organization or association. 43 11 Parties must be notified before or during the hearing, 43 12 or before the issuance of any initial or final order 43 13 that is based in whole or in part on facts or material 43 14 noticed, of the specific facts or material noticed and 43 15 the source thereof, including any staff memoranda and 43 16 data, and be afforded an opportunity to contest and 43 17 rebut the facts or material so noticed. However, if 43 18 the required notification of the parties is infeasible 43 19 or impracticable prior to the issuance of such an 43 20 initial or final order, the notification may first 43 21 occur in that order itself, as long as the parties are 43 22 afforded, through the granting of a motion for 43 23 reconsideration timely filed with the presiding 43 24 officer, an opportunity, after the order is issued, to 43 25 contest and rebut the facts or material so noticed 43 26 before that order becomes final. 43 27 Sec. 52. NEW SECTION. 17A.4213 EX PARTE 43 28 COMMUNICATIONS. 43 29 1. Except as provided in subsection 2, or unless 43 30 required for the disposition of ex parte matters 43 31 specifically authorized by statute, a presiding 43 32 officer serving in an adjudicative proceeding shall 43 33 not communicate, directly or indirectly, regarding any 43 34 issue in the proceeding other than inquiries about 43 35 scheduling, while the proceeding is pending, with any 43 36 party, with any person who has a direct or indirect 43 37 interest in the outcome of the proceeding, or with any 43 38 person who presided at a previous stage of the 43 39 proceeding, without notice and opportunity for all 43 40 parties to participate in the communication. 43 41 2. A member of a multi-member panel of presiding 43 42 officers may communicate with other members of the 43 43 panel regarding a matter pending before the panel, and 43 44 any presiding officer may receive aid from staff 43 45 assistants if the assistants do not receive ex parte 43 46 communications of a type that the presiding officer 43 47 would be prohibited from receiving or that furnish, 43 48 augment, diminish, or modify the evidence in the 43 49 record. 43 50 3. Unless required for the disposition of ex parte 44 1 matters specifically authorized by statute, a party to 44 2 an adjudicative proceeding, and a person who has a 44 3 direct or indirect interest in the outcome of the 44 4 proceeding or who presided at a previous stage of the 44 5 proceeding, shall not communicate, directly or 44 6 indirectly, in connection with any issue in that 44 7 proceeding other than inquiries about scheduling, 44 8 while the proceeding is pending, with any person 44 9 serving as presiding officer, without notice and 44 10 opportunity for all parties to participate in the 44 11 communication. 44 12 4. If, before serving as presiding officer in an 44 13 adjudicative proceeding, a person receives an ex parte 44 14 communication of a type that could not properly be 44 15 received while serving, the person, promptly after 44 16 starting to serve, shall disclose the communication in 44 17 the manner prescribed in subsection 5. 44 18 5. A presiding officer who receives an ex parte 44 19 communication in violation of this section shall place 44 20 on the record of the pending matter all written 44 21 communications received, all written responses to the 44 22 communications, and a memorandum stating the substance 44 23 of all oral and other communications received, all 44 24 responses made, and the identity of each person from 44 25 whom the presiding officer received an ex parte 44 26 communication, and shall advise all parties that these 44 27 matters have been placed on the record. Any party 44 28 desiring to rebut the ex parte communication must be 44 29 allowed to do so, upon requesting the opportunity for 44 30 rebuttal within ten days after notice of the 44 31 communication. 44 32 6. When necessary to eliminate the effect of an ex 44 33 parte communication received in violation of this 44 34 section, a presiding officer who receives the 44 35 communication shall be disqualified and the portions 44 36 of the record pertaining to the communication shall be 44 37 sealed by protective order. 44 38 7. The agency and any party may report any 44 39 violation of this section to appropriate authorities 44 40 for any disciplinary proceedings provided by law. In 44 41 addition, each agency by rule may provide for 44 42 appropriate sanctions, including default, suspending 44 43 or revoking a privilege to practice before the agency, 44 44 and for censuring, suspending, or dismissing agency 44 45 personnel, for any violations of this section. 44 46 8. In a proceeding for judicial review, the burden 44 47 shall be on the party seeking to uphold the validity 44 48 of an order to demonstrate that any violation of 44 49 subsections 1 through 5 relating to the issuance of 44 50 that order did not prejudice the substantial rights of 45 1 the party seeking its invalidation. 45 2 Sec. 53. NEW SECTION. 17A.4214 SEPARATION OF 45 3 FUNCTIONS. 45 4 1. A person who has served personally as an 45 5 investigator, prosecutor, or advocate in an 45 6 adjudicative proceeding or in its pre-adjudicative 45 7 stage shall not serve as presiding officer or assist 45 8 or advise a presiding officer in the same proceeding. 45 9 2. A person who is subject to the authority, 45 10 direction, or discretion of one who has served 45 11 personally as an investigator, prosecutor, or advocate 45 12 in an adjudicative proceeding or in its pre- 45 13 adjudicative stage shall not serve as presiding 45 14 officer or assist or advise a presiding officer in the 45 15 same proceeding. 45 16 3. A person who has participated in a 45 17 determination of probable cause or other equivalent 45 18 preliminary determination as to the sufficiency of the 45 19 evidence to support the facts alleged by any party in 45 20 an adjudicative proceeding shall not serve as 45 21 presiding officer or assist or advise a presiding 45 22 officer in the same proceeding. 45 23 4. A person may serve as presiding officer at 45 24 successive stages of the same adjudicative proceeding, 45 25 unless a party demonstrates grounds for 45 26 disqualification in accordance with this section or 45 27 section 17A.4202. 45 28 5. In a proceeding for judicial review, the burden 45 29 shall be on the party seeking to uphold the validity 45 30 of an order to demonstrate that any violation of this 45 31 section relating to the issuance of that order did not 45 32 prejudice the substantial rights of the party seeking 45 33 its invalidation. 45 34 Sec. 54. NEW SECTION. 17A.4215 FINAL ORDER – 45 35 INITIAL ORDER. 45 36 1. If the presiding officer is the agency head, 45 37 the presiding officer shall issue a final order. 45 38 2. If the presiding officer is not the agency 45 39 head, the presiding officer shall issue an initial 45 40 order, which becomes a final order unless reviewed in 45 41 accordance with section 17A.4216. 45 42 3. A final order and an initial order must include 45 43 the date of its issuance and, separately stated, 45 44 findings of fact, conclusions of law, and policy 45 45 reasons for the decision if it is an exercise of the 45 46 agency's discretion, for all aspects of the order, 45 47 including the remedy prescribed and, if applicable, 45 48 the action taken on a petition for stay of 45 49 effectiveness. The order must include an explanation 45 50 of why the evidence in the record supports each 46 1 finding of fact and why the evidence in the record 46 2 that is contrary to a finding does not preclude it. 46 3 Findings of fact, if set forth in language that is no 46 4 more than mere repetition or paraphrase of the 46 5 relevant provision of law, must also be accompanied by 46 6 a concise and explicit statement of each of the 46 7 underlying facts in the record that support those 46 8 findings. Each conclusion of law must be supported by 46 9 cited authority or by a reasoned explanation. If a 46 10 party has submitted proposed findings of fact, 46 11 conclusions of law, or policy reasons, the order must 46 12 include a ruling on the proposed findings. The order 46 13 must also include a statement of the available 46 14 procedures and time limits for seeking reconsideration 46 15 or other administrative relief from that final or 46 16 initial order. An initial order must include a 46 17 statement of any circumstances under which the initial 46 18 order, without further notice, may become a final 46 19 order. 46 20 4. Findings of fact must be based exclusively upon 46 21 the evidence of record in the adjudicative proceeding 46 22 and on matters officially noticed in that proceeding. 46 23 Findings must be based upon the kind of evidence on 46 24 which reasonably prudent persons are accustomed to 46 25 rely in the conduct of their serious affairs and may 46 26 be based upon such evidence even if it would be 46 27 inadmissible in a civil trial. The presiding 46 28 officer's experience, technical competence, and 46 29 specialized knowledge may be utilized in evaluating 46 30 evidence, but only in accordance with section 46 31 17A.4212, subsection 5. Unless provided otherwise by 46 32 another provision of law, findings of fact shall be 46 33 based upon a preponderance of the evidence and the 46 34 burden of proof shall be on the proponent of the 46 35 agency action requested. 46 36 5. If a person serving or designated to serve as 46 37 presiding officer becomes unavailable, for any reason, 46 38 before issuance of the final order or initial order, a 46 39 substitute presiding officer must be appointed as 46 40 provided in section 17A.4202. The substitute 46 41 presiding officer shall use any existing record and 46 42 may conduct any further proceedings appropriate in the 46 43 interests of justice; but if demeanor of witnesses is 46 44 a substantial factor and the original presiding 46 45 officer is unavailable the portions of the hearing 46 46 involving demeanor heard by the original presiding 46 47 officer shall be heard again by the new presiding 46 48 officer. 46 49 6. The presiding officer may allow the parties a 46 50 designated amount of time after conclusion of the 47 1 hearing for the submission of proposed findings. 47 2 7. A final order or initial order must be issued 47 3 in writing within ninety days after the later of the 47 4 conclusion of the hearing or after submission of 47 5 proposed findings in accordance with subsection 6, or 47 6 the timely submission of any post-hearing briefs, 47 7 unless this period is waived, extended with the 47 8 written consent of all parties, or extended for good 47 9 cause shown. Violation of this subsection may not be 47 10 relied on as a basis for the invalidation of an order 47 11 in any circumstances where that result would prejudice 47 12 any party other than the agency. 47 13 8. The presiding officer shall cause copies of the 47 14 final order or initial order to be mailed or otherwise 47 15 delivered to each party within two working days from 47 16 the time the order is issued. 47 17 Sec. 55. NEW SECTION. 17A.4216 REVIEW OF INITIAL 47 18 ORDER – EXCEPTIONS TO REVIEWABILITY. 47 19 1. The agency head, upon its own motion may, and 47 20 upon appeal by any party shall, review an initial 47 21 order, except to the extent that any of the following 47 22 apply: 47 23 a. A provision of law precludes or limits agency 47 24 review of the initial order. 47 25 b. The agency head, in the exercise of discretion 47 26 conferred by a provision of law, does any of the 47 27 following: 47 28 (1) Determines to review some but not all issues, 47 29 or not to exercise any review. 47 30 (2) Delegates its authority to review the initial 47 31 order to one or more persons. 47 32 (3) Authorizes one or more persons to review the 47 33 initial order, subject to further review by the agency 47 34 head. 47 35 2. Unless provided otherwise by statute, a 47 36 petition for appeal from an initial order must be 47 37 filed with the agency head, or with any person 47 38 designated for this purpose by rule of the agency, 47 39 within twenty days after issuance of the initial order 47 40 or within such lesser time period that exceeds ten 47 41 days, as established by rule of the agency. If the 47 42 agency head on its own motion decides to review an 47 43 initial order, the agency head shall give written 47 44 notice of its intention to review the initial order 47 45 within a time period established by rule of the agency 47 46 that is no longer than twenty days after its issuance. 47 47 The time period for a party to file a petition for 47 48 appeal or for the agency head to give notice of its 47 49 intention to review an initial order on the agency 47 50 head's own motion is tolled by the submission of a 48 1 timely petition for reconsideration of the initial 48 2 order pursuant to section 17A.4218, and a new time 48 3 period starts to run upon disposition of the petition 48 4 for reconsideration. If an initial order is subject 48 5 both to a timely petition for reconsideration and to a 48 6 petition for appeal or to review by the agency head on 48 7 its own motion, the petition for reconsideration must 48 8 be disposed of first, unless the agency head 48 9 determines that action on the petition for 48 10 reconsideration has been unreasonably delayed. 48 11 3. The petition for appeal must state its basis. 48 12 If the agency head on its own motion gives notice of 48 13 its intent to review an initial order, the agency head 48 14 shall identify the issues that it intends to review. 48 15 4. The presiding officer for the review of an 48 16 initial order shall exercise all the decision-making 48 17 power that the presiding officer would have had to 48 18 issue a final order had the presiding officer presided 48 19 over the hearing, except to the extent that the issues 48 20 subject to review are limited by a provision of law or 48 21 by the presiding officer upon notice to all parties. 48 22 5. The presiding officer shall afford each party 48 23 an opportunity to present briefs and may afford each 48 24 party an opportunity to present oral argument. 48 25 6. Before issuing a final order, the presiding 48 26 officer may cause a transcript to be prepared, at the 48 27 agency's expense, of such portions of the proceeding 48 28 under review as the presiding officer considers 48 29 necessary. 48 30 7. The presiding officer may issue a final order 48 31 disposing of the proceeding or may remand the matter 48 32 for further proceedings with instructions to the 48 33 person who issued the initial order. Upon remanding a 48 34 matter, the presiding officer may order such temporary 48 35 relief as is authorized and appropriate. 48 36 8. A final order or an order remanding the matter 48 37 for further proceedings must be issued in writing 48 38 within sixty days after receipt of briefs and oral 48 39 argument unless that period is waived, extended with 48 40 the written consent of all parties, extended for good 48 41 cause shown, or extended by rule for that class of 48 42 cases for an additional period of not longer than 48 43 thirty days. 48 44 9. A final order or an order remanding the matter 48 45 for further proceedings under this section must 48 46 identify any difference between this order and the 48 47 initial order and must include, or incorporate by 48 48 express reference to the initial order, all the 48 49 matters required by section 17A.4215, subsection 3. 48 50 10. The presiding officer shall cause copies of 49 1 the final order or order remanding the matter for 49 2 further proceedings to be mailed or otherwise 49 3 delivered to each party within two working days from 49 4 the time the order is issued. 49 5 Sec. 56. NEW SECTION. 17A.4217 STAY. 49 6 A party may submit to the presiding officer a 49 7 petition for stay of effectiveness of an initial or 49 8 final order within twenty days after its issuance 49 9 unless otherwise provided by statute or stated in the 49 10 initial or final order. The presiding officer may 49 11 take action on the petition for stay, either before or 49 12 after the effective date of the initial or final 49 13 order. A petition for a stay is deemed to have been 49 14 denied if the presiding officer does not dispose of it 49 15 within ten days after the filing of the petition. 49 16 Sec. 57. NEW SECTION. 17A.4218 RECONSIDERATION. 49 17 Unless otherwise provided by statute or rule the 49 18 following apply: 49 19 1. Any party, within twenty days after issuance of 49 20 an initial or final order, may file a petition for 49 21 reconsideration of that order, stating the specific 49 22 grounds upon which relief is requested. The filing of 49 23 the petition is not a prerequisite for seeking 49 24 administrative or judicial review. A copy of the 49 25 application for reconsideration shall be timely mailed 49 26 by the presiding officer to all parties of record not 49 27 joining in the application. 49 28 2. The petition must be disposed of by the same 49 29 person or persons who issued the initial or final 49 30 order, if available. 49 31 3. The presiding officer shall issue a written 49 32 order denying the petition, or granting the petition 49 33 and dissolving or modifying the initial or final 49 34 order, or setting the matter for further proceedings. 49 35 The petition may be granted, in whole or in part, only 49 36 if the presiding officer states, in the written order, 49 37 findings of fact, conclusions of law, and policy 49 38 reasons for the decision if it is an exercise of the 49 39 agency's discretion, to justify the order. The 49 40 petition is deemed to have been denied if the 49 41 presiding officer does not dispose of it within twenty 49 42 days after the filing of the petition. 49 43 Sec. 58. NEW SECTION. 17A.4219 REVIEW BY 49 44 SUPERIOR AGENCY. 49 45 If, pursuant to statute, an agency may review the 49 46 final order of another agency, the review is deemed to 49 47 be a continuous proceeding as if before a single 49 48 agency. Except to the extent another statute provides 49 49 otherwise, the final order of the first agency is 49 50 treated as an initial order and the second agency 50 1 functions as though it were reviewing an initial order 50 2 in accordance with section 17A.4216. 50 3 Sec. 59. NEW SECTION. 17A.4220 EFFECTIVENESS OF 50 4 ORDERS. 50 5 1. Unless a later date is stated in a final order 50 6 or a stay is granted, a final order is effective 50 7 twenty days after issuance, except for any of the 50 8 following: 50 9 a. A party shall not be required to comply with a 50 10 final order unless the party has been served with or 50 11 has actual knowledge of the final order. 50 12 b. A final order shall not be invoked for any 50 13 purpose against any person unless the agency has made 50 14 the final order available for public inspection and 50 15 copying or the person has actual knowledge of the 50 16 final order. 50 17 c. A final order may become effective on a 50 18 specified date stated in the order that is earlier 50 19 than twenty days after its issuance if any of the 50 20 following exist: 50 21 (1) Another statute authorizes the agency to set 50 22 an earlier effective date for that order. 50 23 (2) The order only confers a benefit or relieves a 50 24 restriction on the parties other than the agency 50 25 issuing the order. 50 26 (3) The earlier effective date is necessary to 50 27 avoid an immediate danger to the public health, 50 28 safety, or welfare. 50 29 2. Unless a later date is stated in an initial 50 30 order or a stay is granted, the time when an initial 50 31 order becomes a final order in accordance with section 50 32 17A.4215 is determined as follows: 50 33 a. When the initial order is issued, if 50 34 administrative review is unavailable. 50 35 b. When the agency head issues an order stating, 50 36 after a petition for appeal has been filed, that 50 37 review will not be exercised, if discretion is 50 38 available to make a determination to this effect. 50 39 c. Twenty days after issuance of the initial 50 40 order, if within that period, no party has filed a 50 41 petition for appeal and the agency head has not given 50 42 written notice of its intention to exercise review. 50 43 3. Unless a later date is stated in an initial 50 44 order or a stay is granted, an initial order that 50 45 becomes a final order in accordance with subsection 2 50 46 and section 17A.4215 is effective twenty days after 50 47 becoming a final order, except for any of the 50 48 following: 50 49 a. A party shall not be required to comply with 50 50 the final order unless the party has been served with 51 1 or has actual knowledge of the initial order or of an 51 2 order stating that review will not be exercised. 51 3 b. An initial order shall not be invoked for any 51 4 purpose against any person unless the agency has made 51 5 the initial order available for public inspection and 51 6 copying or the person has actual knowledge of the 51 7 initial order or of an order stating that review will 51 8 not be exercised. 51 9 c. An initial order that becomes a final order may 51 10 become effective on a specified date stated in the 51 11 order that is earlier than twenty days after it 51 12 becomes a final order if it satisfies the requirements 51 13 of subsection 1, paragraph "a", "b", or "c". 51 14 4. This section does not preclude an agency from 51 15 taking immediate action to protect the public interest 51 16 in accordance with section 17A.4501. 51 17 Sec. 60. NEW SECTION. 17A.4221 AGENCY RECORD. 51 18 1. An agency shall maintain an official record of 51 19 each adjudicative proceeding under this part for a 51 20 period of at least three years from the later of the 51 21 date of the final agency decision in that case or the 51 22 date any proceedings for judicial review of that case 51 23 became final. 51 24 2. The agency record consists only of all of the 51 25 following: 51 26 a. Notices of all proceedings. 51 27 b. Any prehearing order. 51 28 c. Any motions, pleadings, briefs, petitions, 51 29 requests, and intermediate rulings. 51 30 d. Evidence received or considered. 51 31 e. A statement of matters officially noticed. 51 32 f. Proffers of proof and objections and rulings 51 33 thereon. 51 34 g. Proposed findings, requested orders, and 51 35 exceptions. 51 36 h. The record prepared for the presiding officer 51 37 at the hearing, together with any transcript of all or 51 38 part of the hearing considered before final 51 39 disposition of the proceeding. 51 40 i. Any final order, initial order, or order on 51 41 reconsideration. 51 42 j. Staff memoranda or data submitted to the 51 43 presiding officer, unless prepared and submitted by 51 44 personal assistants and not inconsistent with section 51 45 17A.4213, subsection 2. 51 46 k. Matters placed on the record after an ex parte 51 47 communication. 51 48 3. Except to the extent that this chapter or 51 49 another statute provides otherwise, the agency record 51 50 constitutes the exclusive basis for agency action in 52 1 adjudicative proceedings under this part and for 52 2 judicial review thereof. 52 3 PART 3 52 4 OFFICE OF ADMINISTRATIVE HEARINGS 52 5 Sec. 61. NEW SECTION. 17A.4301 OFFICE OF 52 6 ADMINISTRATIVE HEARINGS – CREATION, POWERS, DUTIES. 52 7 1. An independent office of administrative 52 8 hearings is created to be headed by a director 52 9 appointed by the governor and confirmed by the senate. 52 10 The director serves at the pleasure of the governor. 52 11 2. The office shall employ administrative law 52 12 judges as necessary to conduct proceedings required by 52 13 this chapter or any other provision of law. 52 14 Administrative law judges employed by the office shall 52 15 not perform duties inconsistent with their duties and 52 16 responsibilities as administrative law judges and 52 17 shall not be located in offices within the agencies 52 18 for which they act as presiding officers. 52 19 Administrative law judges shall be covered by the 52 20 merit system provisions of chapter 19A. Subject to 52 21 the approval of the department of personnel, the 52 22 office shall, insofar as practicable, provide for 52 23 different classes of administrative law judges with 52 24 different salary scales. The office shall also 52 25 facilitate, insofar as practicable, specialization by 52 26 its administrative law judges so that particular 52 27 judges may become expert in presiding over cases in 52 28 particular agencies. 52 29 3. If the office cannot furnish one of its 52 30 administrative law judges in response to an agency 52 31 request, the director shall designate in writing a 52 32 full-time employee of an agency other than the 52 33 requesting agency to serve as administrative law judge 52 34 for the proceeding, but only with the consent of the 52 35 employing agency. The designee must possess the same 52 36 qualifications required of administrative law judges 52 37 employed by the office. 52 38 4. The director may furnish administrative law 52 39 judges on a contract basis to any governmental entity 52 40 to conduct any proceeding not subject to this chapter. 52 41 5. After the effective date of this Act, a person 52 42 shall not be newly employed by the office as an 52 43 administrative law judge to preside over formal 52 44 adjudicative hearings unless that person has a license 52 45 to practice law in this state. 52 46 6. The office shall adopt rules pursuant to this 52 47 chapter to do all of the following: 52 48 a. To establish qualifications for administrative 52 49 law judges employed by the office, and, subject to the 52 50 approval of the department of personnel, procedures by 53 1 which candidates for a position as an administrative 53 2 law judge in the office will be considered for 53 3 employment and the manner in which public notice of 53 4 vacancies for positions as administrative laws judges 53 5 in the office will be given. 53 6 b. To establish procedures for agencies to request 53 7 and for the director to assign administrative law 53 8 judges employed by the office; however, an agency 53 9 shall not select or reject any individual 53 10 administrative law judge for any proceeding except in 53 11 accordance with this chapter. 53 12 c. To establish procedures and adopt forms, 53 13 consistent with this chapter and other provisions of 53 14 law, to govern administrative law judges employed by 53 15 the office, but any rules adopted under this paragraph 53 16 shall be applicable to a particular adjudicative 53 17 proceeding only to the extent that they are not 53 18 inconsistent with the rules of the agency under whose 53 19 authority that proceeding is conducted. 53 20 d. To establish standards and procedures for the 53 21 evaluation, training, promotion, and discipline by the 53 22 office of administrative law judges employed by the 53 23 office. 53 24 e. To establish, consistent with the provisions of 53 25 this chapter, a code of administrative judicial 53 26 conduct that is similar in function and substantially 53 27 equivalent to the Iowa code of judicial conduct, to 53 28 govern the actions of all persons who act as presiding 53 29 officers under the authority of section 17A.4202, 53 30 subsection 1. 53 31 f. To facilitate the performance of the 53 32 responsibilities conferred upon the office by this 53 33 chapter. 53 34 7. The director may do all of the following: 53 35 a. Maintain a staff of reporters and other 53 36 personnel. 53 37 b. Administer the provisions of this section and 53 38 rules adopted under its authority. 53 39 8. The office may charge agencies for services 53 40 rendered and the payment received shall be considered 53 41 repayment receipts as defined in section 8.2. 53 42 PART 4 53 43 CONFERENCE ADJUDICATIVE HEARING 53 44 Sec. 62. NEW SECTION. 17A.4401 CONFERENCE 53 45 ADJUDICATIVE HEARING – APPLICABILITY. 53 46 A conference adjudicative hearing may be used if 53 47 its use in the circumstances does not violate any 53 48 provision of law and the matter is entirely within one 53 49 or more categories for which the agency by rule has 53 50 adopted this part. However, those categories may 54 1 include only the following: 54 2 1. A matter in which there is no disputed issue of 54 3 material fact. 54 4 2. A matter in which there is a disputed issue of 54 5 material fact, if the matter involves one or more of 54 6 the following: 54 7 a. A monetary amount of not more than one thousand 54 8 dollars. In determining whether a matter involves 54 9 only a monetary amount of one thousand dollars or 54 10 less, a presumption arises that, if a claimant 54 11 prevails on the merits, the claimant will subsequently 54 12 be qualified for and entitled to the amount of any 54 13 periodic payments claimed for the maximum period 54 14 allowed by law and that claimant may aggregate the 54 15 amount of those subsequent payments for purposes of 54 16 determining the monetary amount involved in the matter 54 17 at issue. 54 18 b. A disciplinary sanction against a student which 54 19 does not involve expulsion or suspension for more than 54 20 ten days from an educational institution. 54 21 c. A disciplinary sanction against a public 54 22 employee which does not involve discharge or 54 23 suspension for more than ten days from employment. 54 24 d. A disciplinary sanction against a licensee 54 25 which does not involve revocation, suspension, 54 26 annulment, withdrawal, or amendment of a license, or a 54 27 reprimand or warning against an occupational or 54 28 professional licensee which may reasonably be deemed 54 29 to affect the economic or professional status or 54 30 reputation of that licensee. 54 31 e. A matter as to which there is no constitutional 54 32 or statutory right, prior to the issuance of an order, 54 33 to an opportunity for an evidentiary hearing that is 54 34 required to be determined on the record of that 54 35 proceeding. 54 36 Sec. 63. NEW SECTION. 17A.4402 CONFERENCE 54 37 ADJUDICATIVE HEARING – PROCEDURES. 54 38 The procedures of this chapter pertaining to formal 54 39 adjudicative hearings apply to a conference 54 40 adjudicative hearing, except to the following extent: 54 41 1. If a matter is initiated as a conference 54 42 adjudicative hearing, a prehearing conference shall 54 43 not be held. 54 44 2. The provisions of section 17A.4210 do not apply 54 45 to conference adjudicative hearings insofar as those 54 46 provisions authorize the issuance and enforcement of 54 47 subpoenas and discovery orders, but do apply to 54 48 conference adjudicative hearings insofar as those 54 49 provisions authorize the presiding officer to issue 54 50 protective orders at the request of any party or upon 55 1 the presiding officer's motion. 55 2 3. Section 17A.4211, subsections 1 and 2, do not 55 3 apply except for the following: 55 4 a. The presiding officer shall regulate the course 55 5 of the proceedings. 55 6 b. Only the parties may testify and present 55 7 written exhibits. 55 8 c. The parties may offer comments on the issues 55 9 and cross examine each other with respect to any 55 10 factual disputes. 55 11 4. The provisions of section 17A.4215, subsection 55 12 4, requiring findings of fact to be based exclusively 55 13 on the evidence of record and on matters officially 55 14 noticed, and section 17A.4221 do not apply; instead, 55 15 the provisions of section 17A.4601 apply. 55 16 Sec. 64. NEW SECTION. 17A.4403 CONFERENCE 55 17 ADJUDICATIVE HEARING – PROPOSED PROOF. 55 18 1. If the presiding officer has reason to believe 55 19 that material facts are in dispute, the presiding 55 20 officer may require any party to state the identity of 55 21 the witnesses or other sources through whom the party 55 22 would propose to present proof if the proceeding were 55 23 converted to a formal adjudicative hearing, but if 55 24 disclosure of any fact, allegation, or source is 55 25 privileged or expressly prohibited by any provision of 55 26 law, the presiding officer may require the party to 55 27 indicate that confidential facts, allegations, or 55 28 sources are involved, but not to disclose the 55 29 confidential facts, allegations, or sources. 55 30 2. If a party has reason to believe that essential 55 31 facts must be obtained in order to permit an adequate 55 32 presentation of the case, the party may inform the 55 33 presiding officer regarding the general nature of the 55 34 facts and the sources from which the party would 55 35 propose to obtain those facts if the proceeding were 55 36 converted to a formal adjudicative hearing. 55 37 PART 5 55 38 EMERGENCY AND SUMMARY ADJUDICATIVE PROCEEDINGS 55 39 Sec. 65. NEW SECTION. 17A.4501 EMERGENCY 55 40 ADJUDICATIVE PROCEEDINGS. 55 41 1. An agency may use emergency adjudicative 55 42 proceedings in a situation involving an immediate 55 43 danger to the public health, safety, or welfare 55 44 requiring immediate agency action. 55 45 2. The agency may take only such action as is 55 46 necessary to prevent or avoid the immediate danger to 55 47 the public health, safety, or welfare that justifies 55 48 use of emergency adjudication. 55 49 3. The agency shall issue an order, including a 55 50 brief statement of findings of fact, conclusions of 56 1 law, and policy reasons for the decision if it is an 56 2 exercise of the agency's discretion, to justify the 56 3 determination of an immediate danger and the agency's 56 4 decision to take the specific action. 56 5 4. The agency shall give such notice as is 56 6 practicable to persons who are required to comply with 56 7 the order. The order is effective when issued. 56 8 5. After issuing an order pursuant to this 56 9 section, the agency shall proceed as quickly as 56 10 feasible to complete any proceedings that would be 56 11 required if the matter did not involve an immediate 56 12 danger. 56 13 6. The agency record consists of any documents 56 14 regarding the matter that were considered or prepared 56 15 by the agency. The agency shall maintain these 56 16 documents as its official record. 56 17 7. Unless otherwise required by a provision of 56 18 law, the agency record need not constitute the 56 19 exclusive basis for agency action in emergency 56 20 adjudicative proceedings or for judicial review 56 21 thereof. 56 22 Sec. 66. NEW SECTION. 17A.4502 SUMMARY 56 23 ADJUDICATIVE PROCEEDINGS – APPLICABILITY. 56 24 An agency may use summary adjudicative proceedings 56 25 if all of the following apply: 56 26 1. The use of those proceedings in the 56 27 circumstances does not violate any provision of law. 56 28 2. The protection of the public interest does not 56 29 require the agency to give notice and an opportunity 56 30 to participate to persons other than the parties. 56 31 3. The matter is entirely within one or more 56 32 categories for which the agency by rule has adopted 56 33 this section and sections 17A.4503 to 17A.4505; 56 34 however, those categories may include only the 56 35 following: 56 36 a. A monetary amount of not more than one hundred 56 37 dollars. 56 38 b. A disciplinary sanction against a student which 56 39 does not involve expulsion or suspension for more than 56 40 ten days from an educational institution, or a 56 41 reprimand, warning, disciplinary report, or other 56 42 similar sanction without continuing impact against a 56 43 public employee. 56 44 c. The denial of an application after the 56 45 applicant has abandoned the application. 56 46 d. The denial of an application for admission to 56 47 an educational institution or for employment by an 56 48 agency. 56 49 e. The denial, in whole or in part, of an 56 50 application if the applicant has an opportunity for 57 1 administrative review in accordance with section 57 2 17A.4504. 57 3 f. A matter that is resolved on the sole basis of 57 4 inspections, examinations, or tests. 57 5 g. The acquisition, leasing, or disposal of 57 6 property or the procurement of goods or services by 57 7 contract. 57 8 h. A matter as to which there is no disputed issue 57 9 of material fact and as to which, even if there were 57 10 such a disputed issue of fact, there would be no 57 11 constitutional or statutory right, prior to the 57 12 issuance of an order, to an opportunity for an 57 13 evidentiary hearing required to be determined on the 57 14 record of that proceeding. 57 15 i. A matter that does not qualify for treatment as 57 16 a conference adjudicative hearing under section 57 17 17A.4401, subsection 2, paragraphs "a" through "e", 57 18 and as to which there is no constitutional or 57 19 statutory right, prior to the issuance of an order, to 57 20 an opportunity for an evidentiary hearing that is 57 21 required to be determined on the record of that 57 22 proceeding. 57 23 Sec. 67. NEW SECTION. 17A.4503 SUMMARY 57 24 ADJUDICATIVE PROCEEDINGS – PROCEDURES. 57 25 1. The agency head, one or more members of the 57 26 agency head, one or more administrative law judges 57 27 assigned by the office of administrative hearings in 57 28 accordance with section 17A.4301, or, unless 57 29 prohibited by law, one or more other persons 57 30 designated by the agency head in the discretion of the 57 31 agency head, may be the presiding officer. Unless 57 32 prohibited by law, a person exercising authority over 57 33 the matter is the presiding officer. 57 34 2. If the proceeding involves a monetary matter or 57 35 a suspension, reprimand, warning, disciplinary report, 57 36 or other similar sanction, against a student or public 57 37 employee all of the following apply: 57 38 a. The presiding officer, before taking action, 57 39 shall give each party an opportunity to be informed of 57 40 the agency's view of the matter and to explain the 57 41 party's view of the matter. 57 42 b. The presiding officer, at the time any 57 43 unfavorable action is taken, shall give each party a 57 44 brief statement of the reasons for the action. 57 45 3. An order issued in a proceeding that involves a 57 46 monetary matter must be in writing. An order in any 57 47 other summary adjudicative proceeding may be oral or 57 48 written. 57 49 4. The agency, by reasonable means, shall furnish 57 50 to each party notification of the order in a summary 58 1 adjudicative proceeding. Notification must at least 58 2 include a statement of the agency's action. 58 3 Sec. 68. NEW SECTION. 17A.4504 ADMINISTRATIVE 58 4 REVIEW OF SUMMARY ADJUDICATIVE PROCEEDINGS – 58 5 APPLICABILITY. 58 6 Except to the extent prohibited by any provision of 58 7 law, an agency, on its own motion, may conduct an 58 8 administrative review of an order resulting from 58 9 summary adjudicative proceedings, and shall conduct 58 10 this review upon the written or oral request of a 58 11 party if the agency receives the request within ten 58 12 days after furnishing notification under section 58 13 17A.4503, subsection 4. 58 14 Sec. 69. NEW SECTION. 17A.4505 ADMINISTRATIVE 58 15 REVIEW OF SUMMARY ADJUDICATIVE PROCEEDINGS – 58 16 PROCEDURES. 58 17 Unless otherwise provided by statute: 58 18 1. An agency need not furnish notification of the 58 19 pendency of administrative review to any person who 58 20 did not request the review, but the agency shall not 58 21 take any action on review less favorable to any party 58 22 than the original order without giving that party 58 23 notice and an opportunity to explain that party's view 58 24 of the matter. 58 25 2. The reviewing officer, in the discretion of the 58 26 agency head, may be any person who could have presided 58 27 at the summary adjudicative proceeding, but the 58 28 reviewing officer must be one who is authorized to 58 29 grant appropriate relief upon review. 58 30 3. The reviewing officer shall give each party an 58 31 opportunity to explain the party's view of the matter 58 32 unless the party's view is apparent from the written 58 33 materials in the file submitted to the reviewing 58 34 officer. The reviewing officer shall make any 58 35 inquiries necessary to ascertain whether the 58 36 proceeding must be converted to a conference 58 37 adjudicative hearing or a formal adjudicative hearing. 58 38 4. The reviewing officer may issue an order 58 39 disposing of the proceeding in any manner that was 58 40 available to the presiding officer at the summary 58 41 adjudicative proceeding or the reviewing officer may 58 42 remand the matter for further proceedings, with or 58 43 without conversion to a conference adjudicative 58 44 hearing or a formal adjudicative hearing. 58 45 5. If the order under review is or should have 58 46 been in writing, the order on review must be in 58 47 writing, including a brief statement of findings of 58 48 fact, conclusions of law, and policy reasons for the 58 49 decision if it is an exercise of the agency's 58 50 discretion, to justify the order, and a notice of any 59 1 further available administrative review. 59 2 6. A request for administrative review is deemed 59 3 to have been denied if the reviewing officer does not 59 4 dispose of the matter or remand it for further 59 5 proceedings within twenty days after the request is 59 6 submitted. 59 7 PART 6 59 8 CONFERENCE AND SUMMARY ADJUDICATIVE PROCEEDING RECORDS 59 9 Sec. 70. NEW SECTION. 17A.4601 AGENCY RECORD OF 59 10 CONFERENCE AND SUMMARY ADJUDICATIVE PROCEEDINGS AND 59 11 ADMINISTRATIVE REVIEW. 59 12 1. The agency record consists of any documents 59 13 regarding the matter that were submitted by a party 59 14 to, or were considered or prepared by the presiding 59 15 officer for, that conference or summary adjudicative 59 16 proceeding or by the presiding or reviewing officer 59 17 for any subsequent agency review. The agency shall 59 18 maintain these documents as its official record. 59 19 2. Unless otherwise required by a provision of 59 20 law, the agency record need not constitute the 59 21 exclusive basis for agency action in conference or 59 22 summary adjudicative proceedings or for judicial 59 23 review thereof. 59 24 ARTICLE 5 59 25 JUDICIAL REVIEW AND CIVIL ENFORCEMENT 59 26 PART 1 59 27 JUDICIAL REVIEW 59 28 Sec. 71. NEW SECTION. 17A.5101 EXCLUSIVITY OF 59 29 JUDICIAL REVIEW PROVISIONS – RELATIONSHIP BETWEEN 59 30 JUDICIAL REVIEW PROVISIONS OF THIS CHAPTER AND 59 31 ANCILLARY PROCEDURAL REQUIREMENTS OF OTHER LAW AND 59 32 SUPERIOR JUDICIAL REMEDIES. 59 33 Except as expressly provided otherwise by another 59 34 statute referring to this chapter by name or number, 59 35 this chapter establishes the exclusive means of 59 36 judicial review of agency action, except for any of 59 37 the following: 59 38 1. The provisions of this chapter for judicial 59 39 review do not apply to litigation in which the sole 59 40 issue is a claim for money damages or compensation and 59 41 the agency whose action is at issue does not have 59 42 statutory authority to determine the claim. 59 43 2. Ancillary procedural matters, including 59 44 intervention, class actions, consolidation, joinder, 59 45 severance, transfer, protective orders, and other 59 46 relief from disclosure of privileged or confidential 59 47 material, are governed, to the extent not inconsistent 59 48 with this chapter, by other applicable law. 59 49 3. If the relief available under other sections of 59 50 this chapter is not equal or substantially equivalent 60 1 to the relief otherwise available under law, the 60 2 relief otherwise available and the related procedures 60 3 supersede and supplement this chapter to the extent 60 4 necessary for their effectuation. The applicable 60 5 provisions of this chapter and other law must be 60 6 combined to govern a single proceeding or, if the 60 7 court orders, two or more separate proceedings, with 60 8 or without transfer to other courts, but no type of 60 9 relief may be sought in a combined proceeding after 60 10 expiration of the time limit for doing so. 60 11 Sec. 72. NEW SECTION. 17A.5102 FINAL AGENCY 60 12 ACTION REVIEWABLE. 60 13 1. A person who qualifies under this chapter 60 14 regarding standing in section 17A.5106, exhaustion of 60 15 administrative remedies in section 17A.5107, and time 60 16 for filing the petition for review in section 60 17 17A.5108, and other applicable provisions of law 60 18 regarding bond, compliance, and other preconditions is 60 19 entitled to judicial review of final agency action, 60 20 whether or not the person has sought judicial review 60 21 of any related nonfinal agency action. 60 22 2. For purposes of this section and section 60 23 17A.5103: 60 24 a. "Final agency action" means the whole or a part 60 25 of any agency action other than nonfinal agency 60 26 action. 60 27 b. "Nonfinal agency action" means the whole or a 60 28 part of an agency determination, investigation, 60 29 proceeding, hearing, conference, or other process that 60 30 the agency intends or is reasonably believed to intend 60 31 to be preliminary, preparatory, procedural, or 60 32 intermediate with regard to subsequent agency action 60 33 of that agency or another agency. 60 34 Sec. 73. NEW SECTION. 17A.5103 NONFINAL AGENCY 60 35 ACTION REVIEWABLE. 60 36 A person is entitled to judicial review of nonfinal 60 37 agency action only if all of the following apply: 60 38 1. It appears likely that the person will qualify 60 39 under section 17A.5102 for judicial review of the 60 40 related final agency action. 60 41 2. Postponement of judicial review would result in 60 42 an inadequate remedy or irreparable harm 60 43 disproportionate to the public benefit derived from 60 44 postponement. 60 45 Sec. 74. NEW SECTION. 17A.5104 JURISDICTION – 60 46 VENUE. 60 47 1. The district court shall conduct judicial 60 48 review. 60 49 2. Venue shall be in the Polk county district 60 50 court or the district court for the county in which 61 1 the petitioner resides or has its principal place of 61 2 business. When a proceeding for judicial review has 61 3 been commenced, a court may, in the interest of 61 4 justice, transfer the proceeding to the district court 61 5 for another county. 61 6 Sec. 75. NEW SECTION. 17A.5105 FORM OF ACTION – 61 7 SERVICE – CONTENTS OF PETITION. 61 8 Judicial review is initiated by filing a petition 61 9 for review in the appropriate district court. A 61 10 petition may seek any type of relief available under 61 11 section 17A.5101, subsection 3, and section 17A.5117. 61 12 Sec. 76. NEW SECTION. 17A.5106 STANDING. 61 13 1. The following persons have standing to obtain 61 14 judicial review of final or nonfinal agency action: 61 15 a. A person to whom the agency action is 61 16 specifically directed. 61 17 b. A person who was a party to the agency 61 18 proceedings that led to the agency action. 61 19 c. If the challenged agency action is a rule, a 61 20 person subject to that rule or an association whose 61 21 members are subject to that rule. 61 22 d. A person eligible for standing under another 61 23 provision of law. 61 24 e. A person otherwise aggrieved or adversely 61 25 affected by the agency action. For purposes of this 61 26 paragraph, a person does not have standing as one 61 27 otherwise aggrieved or adversely affected unless all 61 28 of the following apply: 61 29 (1) The agency action has prejudiced or is likely 61 30 to prejudice that person. 61 31 (2) That person's asserted interests are arguably 61 32 among those that the agency was required by law to 61 33 consider when it engaged in the agency action 61 34 challenged. 61 35 (3) A judgment in favor of that person would 61 36 substantially eliminate or redress the prejudice to 61 37 that person caused or likely to be caused by the 61 38 agency action. 61 39 2. The administrative rules review committee of 61 40 the general assembly, which is required to exercise 61 41 general and continuing oversight over administrative 61 42 rules, may petition for judicial review of any rule. 61 43 Sec. 77. NEW SECTION. 17A.5107 EXHAUSTION OF 61 44 ADMINISTRATIVE REMEDIES. 61 45 A person may file a petition for judicial review 61 46 under this chapter only after exhausting all 61 47 administrative remedies available within the agency 61 48 whose action is being challenged and within any other 61 49 agency authorized to exercise administrative review, 61 50 except for any of the following: 62 1 1. A petitioner for judicial review of a rule need 62 2 not have participated in the rulemaking proceeding 62 3 upon which that rule is based, or have petitioned for 62 4 its amendment or repeal. 62 5 2. A petitioner for judicial review need not 62 6 exhaust administrative remedies to the extent that 62 7 this chapter or any other statute states that 62 8 exhaustion is not required. 62 9 3. The court may relieve a petitioner of the 62 10 requirement to exhaust any or all administrative 62 11 remedies, to the extent that the administrative 62 12 remedies are inadequate, or requiring their exhaustion 62 13 would result in irreparable harm disproportionate to 62 14 the public benefit derived from requiring exhaustion. 62 15 Sec. 78. NEW SECTION. 17A.5108 TIME FOR FILING 62 16 PETITION FOR REVIEW. 62 17 Subject to other requirements of this chapter or of 62 18 another statute: 62 19 1. A petition for judicial review of a rule may be 62 20 filed at any time, except as limited by section 62 21 17A.3113, subsection 2. 62 22 2. A petition for judicial review of an order is 62 23 not timely unless filed within thirty days after 62 24 issuance of the order, but the time is extended during 62 25 the pendency of the petitioner's timely attempts to 62 26 exhaust administrative remedies, if the attempts are 62 27 not clearly frivolous or repetitious. 62 28 3. A petition for judicial review of agency action 62 29 other than a rule or order is not timely unless filed 62 30 within thirty days after the agency action, but the 62 31 time is extended if any of the following apply: 62 32 a. During the pendency of the petitioner's timely 62 33 attempts to exhaust administrative remedies, if the 62 34 attempts are not clearly frivolous or repetitious. 62 35 b. During any period that the petitioner did not 62 36 know and was under no duty to discover, or did not 62 37 know and was under a duty to discover but could not 62 38 reasonably have discovered, that the agency had taken 62 39 the action or that the agency action had a sufficient 62 40 effect to confer standing upon the petitioner to 62 41 obtain judicial review under this chapter. 62 42 Sec. 79. NEW SECTION. 17A.5109 PETITION FOR 62 43 REVIEW – FILING AND CONTENTS. 62 44 1. A petition for review must be filed with the 62 45 clerk of the district court and must name the agency 62 46 as respondent. 62 47 2. A petition for review must set forth all of the 62 48 following: 62 49 a. The name and mailing address of the petitioner. 62 50 b. The name and mailing address of the agency 63 1 whose action is at issue. 63 2 c. Identification of the specific agency action at 63 3 issue, together with a duplicate copy, summary, or 63 4 brief description of the agency action. 63 5 d. Identification of persons who were parties in 63 6 any adjudicative proceedings that led to the agency 63 7 action. 63 8 e. Facts to demonstrate that the petitioner is 63 9 entitled to obtain judicial review. 63 10 f. Facts on which venue is based. 63 11 g. The specific grounds on which relief is sought 63 12 and the petitioner's reasons for believing that relief 63 13 should be granted. 63 14 h. A request for relief, specifying the type and 63 15 extent of relief requested. 63 16 A petition for review that is in substantial 63 17 compliance with the requirements of this subsection 63 18 shall not be dismissed solely for failure to satisfy 63 19 its requirements. 63 20 Sec. 80. NEW SECTION. 17A.5110 PETITION FOR 63 21 REVIEW – SERVICE AND NOTIFICATION – NOTICE OF 63 22 INTERVENTION. 63 23 1. Within ten days after the filing of a petition 63 24 for judicial review of agency action, the petitioner 63 25 shall serve a file stamped copy of the petition upon 63 26 the agency in the manner provided by the rules of 63 27 civil procedure for the personal service of an 63 28 original notice or shall mail a file stamped copy of 63 29 the petition to the agency by restricted certified 63 30 mail. 63 31 2. Within ten days after the filing of a petition 63 32 for judicial review of agency action in an 63 33 adjudicative proceeding, the petitioner shall also 63 34 give notice of the petition for review to each other 63 35 party of record in that adjudicative proceeding either 63 36 by serving a file stamped copy of the petition upon 63 37 that party in the manner provided by the rules of 63 38 civil procedure for the personal service of an 63 39 original notice or by restricted certified mail. 63 40 3. The personal service or mailing required by 63 41 this section shall be jurisdictional and may be made 63 42 on the party or the party's attorney of record in the 63 43 proceeding before the agency. A mailing shall be 63 44 addressed to the parties or their attorneys of record 63 45 at their last known mailing address. Proof of mailing 63 46 shall be by the return receipt from the restricted 63 47 certified mail. 63 48 4. Any party of record in an adjudicative 63 49 proceeding before an agency who wishes to intervene 63 50 and participate in the judicial review proceeding must 64 1 file an appearance in the court indicating that 64 2 intention within forty-five days from the date the 64 3 petition is filed. 64 4 Sec. 81. NEW SECTION. 17A.5111 STAY AND OTHER 64 5 TEMPORARY REMEDIES PENDING FINAL DISPOSITION. 64 6 1. Unless precluded by law, the agency may grant a 64 7 stay on appropriate terms or other temporary remedies 64 8 during the pendency of judicial review. 64 9 2. A party may file a motion in the reviewing 64 10 court, during the pendency of judicial review, seeking 64 11 interlocutory review of the agency's action on an 64 12 application for stay or other temporary remedies. 64 13 3. If the agency has found that its action on an 64 14 application for stay or other temporary remedies is 64 15 justified to protect against a substantial threat to 64 16 the public health, safety, or welfare, the court may 64 17 grant relief only upon a finding that all of the 64 18 following apply: 64 19 a. The applicant is likely to prevail when the 64 20 court finally disposes of the matter. 64 21 b. Without relief the applicant will suffer 64 22 irreparable injury. 64 23 c. The grant of relief to the applicant will not 64 24 substantially harm other parties to the proceedings. 64 25 d. The type of threat to the public health, 64 26 safety, or welfare relied on by the agency is not 64 27 sufficiently serious to justify the agency's action in 64 28 the circumstances. 64 29 4. If subsection 3 does not apply, the court shall 64 30 grant relief if it finds that the agency's action on 64 31 the application for stay or other temporary remedies 64 32 was unreasonable in the circumstances. 64 33 5. If the court determines that relief should be 64 34 granted from the agency's action on an application for 64 35 stay or other temporary remedies, the court may remand 64 36 the matter to the agency with directions to deny a 64 37 stay, to grant a stay on appropriate terms, or to 64 38 grant other temporary remedies, or the court may issue 64 39 an order denying a stay, granting a stay on 64 40 appropriate terms, or granting other temporary 64 41 remedies. 64 42 Sec. 82. NEW SECTION. 17A.5112 LIMITATION ON NEW 64 43 ISSUES. 64 44 A person may obtain judicial review of an issue 64 45 that was not raised before the agency, only to the 64 46 extent of any of the following: 64 47 1. The agency did not have authority to grant an 64 48 adequate remedy based on a determination of the issue 64 49 involved because the issue or remedy was not within 64 50 the jurisdiction of the agency. 65 1 2. The person did not know and was under no duty 65 2 to discover, or did not know and was under a duty to 65 3 discover but could not reasonably have discovered, 65 4 facts giving rise to the issue. 65 5 3. The agency action subject to judicial review is 65 6 a rule and the person is challenging only the validity 65 7 of that rule and has not been a party in adjudicative 65 8 proceedings which provided an adequate opportunity to 65 9 raise the issue. 65 10 4. The agency action subject to judicial review is 65 11 an order and the person was not notified of the 65 12 adjudicative proceeding in compliance with any 65 13 provision of law or was notified but was not permitted 65 14 to participate in that adjudicative proceeding. 65 15 5. The interests of justice would be served by 65 16 judicial resolution of an issue arising from any of 65 17 the following: 65 18 a. A change in controlling law occurring after the 65 19 agency action. 65 20 b. Agency action occurring after the person 65 21 exhausted the last feasible opportunity for seeking 65 22 relief from the agency. 65 23 Sec. 83. NEW SECTION. 17A.5113 JUDICIAL REVIEW 65 24 OF FACTS CONFINED TO RECORD FOR JUDICIAL REVIEW AND 65 25 ADDITIONAL EVIDENCE TAKEN PURSUANT TO THIS CHAPTER. 65 26 Judicial review of disputed issues of fact must be 65 27 confined to the agency record for judicial review as 65 28 defined in this chapter, supplemented by additional 65 29 evidence taken pursuant to this chapter. 65 30 Sec. 84. NEW SECTION. 17A.5114 NEW EVIDENCE 65 31 TAKEN BY COURT OR AGENCY BEFORE FINAL DISPOSITION. 65 32 1. The court may receive evidence, in addition to 65 33 that contained in the agency record for judicial 65 34 review, only if it relates to the validity of the 65 35 agency action at the time it was taken and is needed 65 36 to decide disputed issues regarding any of the 65 37 following: 65 38 a. Improper constitution as a decision-making 65 39 body, or improper motive or grounds for 65 40 disqualification, of those taking the agency action. 65 41 b. Unlawfulness of procedure or of decision-making 65 42 process. 65 43 c. Any material fact that was not required by 65 44 provision of law to be determined exclusively on an 65 45 agency record of a type reasonably suitable for 65 46 judicial review. 65 47 2. The court may remand a matter to the agency, 65 48 before final disposition of a petition for review, 65 49 with directions that the agency conduct fact-finding 65 50 and other proceedings the court considers necessary 66 1 and that the agency take such further action on the 66 2 basis thereof as the court directs, if any of the 66 3 following apply: 66 4 a. The agency was required by this chapter or any 66 5 other provision of law to base its action exclusively 66 6 on a record of a type reasonably suitable for judicial 66 7 review, but the agency failed to prepare or preserve 66 8 an adequate record. 66 9 b. The court finds that all of the following 66 10 apply: 66 11 (1) New evidence has become available that relates 66 12 to the validity of the agency action at the time it 66 13 was taken, that one or more of the parties did not 66 14 know and was under no duty to discover, or did not 66 15 know and was under a duty to discover but could not 66 16 reasonably have discovered, until after the agency 66 17 action. 66 18 (2) The interests of justice would be served by 66 19 remand to the agency. 66 20 c. The agency improperly excluded or omitted 66 21 evidence from the record. 66 22 d. A relevant provision of law changed after the 66 23 agency action and the court determines that the new 66 24 provision may control the outcome. 66 25 Sec. 85. NEW SECTION. 17A.5115 AGENCY RECORD FOR 66 26 JUDICIAL REVIEW – CONTENTS, PREPARATION, TRANSMITTAL, 66 27 COST. 66 28 1. Within thirty days after service of the 66 29 petition, or within further time allowed by the court 66 30 or by other provision of law, the agency shall 66 31 transmit to the court the original or a certified copy 66 32 of the agency record for judicial review of the agency 66 33 action, consisting of any agency documents expressing 66 34 the agency action, other documents identified by the 66 35 agency as having been considered by it before its 66 36 action and used as a basis for its action, and any 66 37 other material described in this chapter as the agency 66 38 record for the type of agency action at issue, subject 66 39 to the provisions of this section. 66 40 2. If part of the record has been preserved 66 41 without a transcript, the agency shall prepare a 66 42 transcript for inclusion in the record transmitted to 66 43 the court, except for portions that the parties 66 44 stipulate to omit in accordance with subsection 4. 66 45 3. The agency may charge the petitioner with the 66 46 reasonable cost of preparing any necessary copies and 66 47 transcripts for transmittal to the court. A failure 66 48 by the petitioner to pay any of this cost to the 66 49 agency does not relieve the agency from the 66 50 responsibility for timely preparation of the record 67 1 and transmittal to the court. 67 2 4. By stipulation of all parties to the review 67 3 proceedings, the record may be shortened, summarized, 67 4 or organized. 67 5 5. The court may tax the cost of preparing 67 6 transcripts and copies for the record in accordance 67 7 with any of the following: 67 8 a. Against a party who unreasonably refuses to 67 9 stipulate to shorten, summarize, or organize the 67 10 record. 67 11 b. As provided by section 17A.5117. 67 12 c. In accordance with any other provision of law. 67 13 6. Additions to the record pursuant to section 67 14 17A.5114 must be made as ordered by the court. 67 15 7. The court may require or permit subsequent 67 16 corrections or additions to the record. 67 17 Sec. 86. NEW SECTION. 17A.5116 SCOPE OF REVIEW 67 18 – GROUNDS FOR INVALIDITY. 67 19 1. Except to the extent that this chapter provides 67 20 otherwise, in suits for judicial review of agency 67 21 action all of the following apply: 67 22 a. The burden of demonstrating the required 67 23 prejudice and the invalidity of agency action is on 67 24 the party asserting invalidity. 67 25 b. The validity of agency action must be 67 26 determined in accordance with the standards of review 67 27 provided in this section, as applied to the agency 67 28 action at the time that action was taken. 67 29 2. The court shall make a separate and distinct 67 30 ruling on each material issue on which the court's 67 31 decision is based. 67 32 3. The court shall grant relief from agency action 67 33 if it determines that substantial rights of the person 67 34 seeking judicial relief have been prejudiced because 67 35 the agency action is any of the following: 67 36 a. Unconstitutional on its face or as applied or 67 37 is based upon a provision of law that is 67 38 unconstitutional on its face or as applied. 67 39 b. Beyond the authority delegated to the agency by 67 40 any provision of law or in violation of any provision 67 41 of law. 67 42 c. Based upon an erroneous interpretation of a 67 43 provision of law whose interpretation has not clearly 67 44 been vested by a provision of law in the discretion of 67 45 the agency. 67 46 d. Based upon a procedure or decision-making 67 47 process prohibited by law or was taken without 67 48 following the prescribed procedure or decision-making 67 49 process. 67 50 e. The product of decision making undertaken by 68 1 persons who were improperly constituted as a decision- 68 2 making body, were motivated by an improper purpose, or 68 3 were subject to disqualification. 68 4 f. Based upon a determination of fact clearly 68 5 vested by a provision of law in the discretion of the 68 6 agency that is not supported by substantial evidence 68 7 in the record before the court when that record is 68 8 viewed as a whole. For purposes of this paragraph the 68 9 following terms have the following meanings: 68 10 (1) "Substantial evidence" means the quantity and 68 11 quality of evidence that would be deemed sufficient by 68 12 a neutral, detached, and reasonable person, to 68 13 establish the fact at issue when the consequences 68 14 resulting from the establishment of that fact are 68 15 understood to be serious and of great importance. 68 16 (2) "Record before the court" means the agency 68 17 record for judicial review, as defined by this 68 18 chapter, supplemented by any additional evidence 68 19 received by the court under the provisions of this 68 20 chapter. 68 21 (3) "When that record is viewed as a whole" means 68 22 that the adequacy of the evidence in the record before 68 23 the court to support a particular finding of fact must 68 24 be judged in light of all the relevant evidence in the 68 25 record that detracts from that finding as well as all 68 26 of the relevant evidence that supports it, including 68 27 any determinations of veracity by the presiding 68 28 officer who personally observed the demeanor of the 68 29 witnesses and the agency's explanation of why the 68 30 evidence in the record supports its finding of fact 68 31 and why the evidence in the record that is contrary to 68 32 its finding does not preclude that finding. 68 33 g. Action other than a rule that is inconsistent 68 34 with a rule of the agency. 68 35 h. Action other than a rule that is inconsistent 68 36 with the agency's prior practice or precedents, unless 68 37 the agency has justified that inconsistency by stating 68 38 credible reasons sufficient to indicate a fair and 68 39 rational basis for the inconsistency. 68 40 i. The product of reasoning that is so illogical 68 41 as to render it wholly irrational. 68 42 j. The product of a decision-making process in 68 43 which the agency did not consider a relevant and 68 44 important matter relating to the propriety or 68 45 desirability of the action in question that a rational 68 46 decision maker in similar circumstances would have 68 47 considered prior to taking that action. 68 48 k. Not required by law and its negative impact on 68 49 the private rights affected is so grossly 68 50 disproportionate to the benefits accruing to the 69 1 public interest from that action that it must 69 2 necessarily be deemed to lack any foundation in 69 3 rational agency policy. 69 4 l. Based upon an irrational, illogical, or wholly 69 5 unjustifiable interpretation of a provision of law 69 6 whose interpretation has clearly been vested by a 69 7 provision of law in the discretion of the agency. 69 8 m. Based upon an irrational, illogical, or wholly 69 9 unjustifiable application of law to fact that has 69 10 clearly been vested by a provision of law in the 69 11 discretion of the agency. 69 12 n. Otherwise unreasonable, arbitrary, capricious, 69 13 or an abuse of discretion. 69 14 In making the determinations required by paragraphs 69 15 "a" through "n" of this subsection, the court: 69 16 (1) Shall not give any deference to the view of 69 17 the agency with respect to whether particular matters 69 18 have been vested by a provision of law in the 69 19 discretion of the agency. 69 20 (2) Should not give any deference to the view of 69 21 the agency with respect to particular matters that 69 22 have not been vested by a provision of law in the 69 23 discretion of the agency. 69 24 (3) Shall give appropriate deference to the view 69 25 of the agency with respect to particular matters that 69 26 have been vested by a provision of law in the 69 27 discretion of the agency. 69 28 Sec. 87. NEW SECTION. 17A.5117 TYPE OF RELIEF. 69 29 1. The court may award damages or compensation 69 30 only to the extent expressly authorized by another 69 31 provision of law. 69 32 2. The court may grant other appropriate relief, 69 33 whether mandatory, injunctive, or declaratory; 69 34 preliminary or final; temporary or permanent; 69 35 equitable or legal. In granting relief, the court may 69 36 order agency action required by law, order agency 69 37 exercise of discretion required by law, set aside or 69 38 modify agency action, enjoin or stay the effectiveness 69 39 of agency action, remand the matter for further 69 40 proceedings, render a declaratory judgment, or take 69 41 any other action that is authorized and appropriate. 69 42 3. The court may also grant necessary ancillary 69 43 relief to redress the effects of agency action 69 44 wrongfully taken or withheld, including the taxation 69 45 of costs, but the court may award attorney's fees or 69 46 witness fees only to the extent expressly authorized 69 47 by other law. 69 48 4. If the court sets aside or modifies agency 69 49 action or remands the matter to the agency for further 69 50 proceedings, the court may make any interlocutory 70 1 order it finds necessary to preserve the interests of 70 2 the parties and the public pending further proceedings 70 3 or agency action. 70 4 Sec. 88. NEW SECTION. 17A.5118 REVIEW BY HIGHER 70 5 COURT. 70 6 Final decisions of the district court on petitions 70 7 for review of agency action are reviewable by appeal 70 8 to the supreme court as in other civil cases although 70 9 the appeal may be taken regardless of the amount 70 10 involved. On appeal, the supreme court, or court of 70 11 appeals if the case is referred by the supreme court 70 12 to the court of appeals, shall reverse, modify, or 70 13 vacate the decision of the district court only if the 70 14 reviewing court determines that the district court 70 15 applied an incorrect legal standard or unreasonably 70 16 applied a correct legal standard. 70 17 PART 2 70 18 CIVIL ENFORCEMENT 70 19 Sec. 89. NEW SECTION. 17A.5201 PETITION BY 70 20 AGENCY FOR CIVIL ENFORCEMENT OF RULE OR ORDER. 70 21 1. In addition to other remedies provided by law, 70 22 an agency may seek enforcement of its rule or order by 70 23 filing, under this Part, a petition for civil 70 24 enforcement in the district court. 70 25 2. The petition must name, as defendants, each 70 26 alleged violator against whom the agency seeks to 70 27 obtain civil enforcement. 70 28 3. Venue shall be in the district court for the 70 29 county in which defendant resides or has its principal 70 30 place of business, or with the consent of the 70 31 defendant, in the Polk County district court. When a 70 32 proceeding for enforcement has been commenced, the 70 33 court may, in the interest of justice, transfer the 70 34 proceeding to a district court for another county. 70 35 4. A petition for civil enforcement filed by an 70 36 agency may request, and the court may grant, 70 37 declaratory relief, temporary or permanent injunctive 70 38 relief, any other civil remedy provided by law, or any 70 39 combination of the foregoing. 70 40 Sec. 90. NEW SECTION. 17A.5202 PETITION BY 70 41 QUALIFIED PERSON FOR CIVIL ENFORCEMENT OF AGENCY'S 70 42 ORDER. 70 43 1. Any person authorized by constitution or 70 44 statute to seek judicial enforcement of an order of a 70 45 specified agency, and any person who would qualify 70 46 under this chapter as having standing to obtain 70 47 judicial review of an agency's failure to enforce its 70 48 order may file a petition for civil enforcement of 70 49 that order, but the action shall not be commenced 70 50 until or under any of the following circumstances: 71 1 a. Until at least sixty days after the petitioner 71 2 has given notice of the alleged violation and of the 71 3 petitioner's intent to seek civil enforcement to the 71 4 agency head concerned, to the attorney general, and to 71 5 each alleged violator against whom the petitioner 71 6 seeks civil enforcement. 71 7 b. If the agency has filed and is diligently 71 8 prosecuting a petition for civil enforcement of the 71 9 same order against the same defendant. 71 10 c. If a petition for review of the same order has 71 11 been filed and is pending in court. 71 12 2. The petition must name, as defendants, the 71 13 agency whose order is sought to be enforced and each 71 14 alleged violator against whom the petitioner seeks 71 15 civil enforcement. 71 16 3. The agency whose order is sought to be enforced 71 17 may move to dismiss on the grounds that the petition 71 18 fails to qualify under this section or that 71 19 enforcement would be contrary to the policy of the 71 20 agency. The court shall grant the motion to dismiss 71 21 unless the petitioner demonstrates that the petition 71 22 qualifies under this section and the agency's failure 71 23 to enforce its order is based on an exercise of 71 24 discretion that is improper on one or more of the 71 25 grounds provided in section 17A.5116, subsection 3, 71 26 paragraph "h". 71 27 4. Except to the extent expressly authorized by 71 28 any provision of law, a petition for civil enforcement 71 29 filed under this section shall not request, and the 71 30 court shall not grant, any monetary payment apart from 71 31 taxable costs. 71 32 Sec. 91. NEW SECTION. 17A.5203 DEFENSES – 71 33 LIMITATION ON NEW ISSUES AND NEW EVIDENCE. 71 34 A defendant, who would be qualified under section 71 35 17A.5106, subsection 1, section 17A.5107, and section 71 36 17A.5108 to do so in a proceeding for judicial review, 71 37 may assert, in a proceeding for civil enforcement any 71 38 of the following: 71 39 1. That the rule or order sought to be enforced is 71 40 invalid on any of the grounds stated in section 71 41 17A.5116. If that defense is raised, the court may 71 42 consider issues and receive evidence only within the 71 43 limitations provided by sections 17A.5112, 17A.5113, 71 44 and 17A.5114. 71 45 2. Any of the following defenses on which the 71 46 court, to the extent necessary for the determination 71 47 of the matter, may consider new issues or take new 71 48 evidence: 71 49 a. The rule or order does not apply to the party. 71 50 b. The party has not violated the rule or order. 72 1 c. The party has violated the rule or order but 72 2 has subsequently complied, but a party who establishes 72 3 this defense is not necessarily relieved from any 72 4 sanction provided by law for past violations. 72 5 d. Any other defense allowed by law. 72 6 Sec. 92. NEW SECTION. 17A.5204 INCORPORATION OF 72 7 CERTAIN PROVISIONS ON JUDICIAL REVIEW. 72 8 Proceedings for civil enforcement are governed by 72 9 section 17A.5101, subsection 2, and section 17A.5115 72 10 concerning judicial review, as modified where 72 11 necessary to adapt them to those proceedings. 72 12 Sec. 93. NEW SECTION. 17A.5205 REVIEW BY HIGHER 72 13 COURT. 72 14 Final decisions of the district court on petitions 72 15 for civil enforcement of agency action are reviewable 72 16 by appeal to the supreme court as in other civil 72 17 cases, although the appeal may be taken regardless of 72 18 the amount involved. On appeal, the supreme court, or 72 19 court of appeals if the case is referred by the 72 20 supreme court to the court of appeals, shall reverse, 72 21 modify, or vacate the decision of the district court 72 22 only if the reviewing court determines that the 72 23 district court applied an incorrect legal standard or 72 24 unreasonably applied a correct legal standard. 72 25 Sec. 94. Section 2B.17, subsection 4, Code 1997, 72 26 is amended to read as follows: 72 27 4. The Iowa administrative code and the Iowa 72 28 administrative bulletin shall be cited as provided in 72 29 section17A.617A.2101. 72 30 Sec. 95. Section 2C.9, subsection 1, Code 1997, is 72 31 amended to read as follows: 72 32 1. Investigate, on complaint or on the citizens' 72 33 aide's own motion, any administrative action of any 72 34 agency, without regard to the finality of the 72 35 administrative action, except that the citizens' aide 72 36 shall not investigate the complaint of an employee of 72 37 an agency in regard to that employee's employment 72 38 relationship with the agency. A communication or 72 39 receipt of information made pursuant to the powers 72 40 prescribed in this chapter shall not be considered an 72 41 ex parte communication as described in the provisions 72 42 of section17A.1717A.4213. 72 43 Sec. 96. Section 10A.101, subsection 1, Code 1997, 72 44 is amended to read as follows: 72 45 1. "Administrator" means thechief administrative72 46law judge,chief inspector, chief investigator, chief 72 47 auditor, or the person administering a division of the 72 48 department. 72 49 Sec. 97. Section 10A.104, subsection 5, Code 1997, 72 50 is amended to read as follows: 73 1 5. Adopt rules deemed necessary for the 73 2 implementation and administration of this chapter in 73 3 accordance with chapter 17A, including rules governing73 4hearing and appeal proceedings. 73 5 Sec. 98. Section 10A.106, Code 1997, is amended to 73 6 read as follows: 73 7 10A.106 DIVISIONS OF THE DEPARTMENT. 73 8 The department is comprised of the following 73 9 divisions: 73 101. Appeals and fair hearings division.73 112.1. Audits division. 73 123.2. Investigations division. 73 134.3. Inspections division. 73 14 The allocation of departmental duties to the 73 15 divisions of the department in sections10A.202,73 16 10A.302, 10A.402, and 10A.502 does not prohibit the 73 17 director from reallocating departmental duties within 73 18 the department. 73 19 Sec. 99. Section 10A.601, subsection 7, Code 1997, 73 20 is amended to read as follows: 73 21 7. An application forrehearingreconsideration 73 22 before the appeal board shall be filed pursuant to 73 23 section17A.1617A.4218, unless otherwise provided in 73 24 chapter 19A, 80, 88, 89A, 91C, 96, or 97B. A petition 73 25 for judicial review of a decision of the appeal board 73 26 shall be filed pursuant tosection 17A.19the 73 27 provisions for judicial review in chapter 17A, article 73 28 5. The appeal board may be represented in any such 73 29 judicial review by an attorney who is a regular 73 30 salaried employee of the appeal board or who has been 73 31 designated by the appeal board for that purpose, or at 73 32 the appeal board's request, by the attorney general. 73 33 Notwithstanding the petitioner's residency requirement 73 34 in section17A.19, subsection 217A.5104, a petition 73 35 for judicial review may be filed in the district court 73 36 of the county in which the petitioner was last 73 37 employed or resides, provided that if the petitioner 73 38 does not reside in this state, the action shall be 73 39 brought in the district court of Polk county, Iowa, 73 40 and any other party to the proceeding before the 73 41 appeal board shall be named in the petition. 73 42 Notwithstanding the thirty-day requirement in section 73 4317A.19, subsection 617A.5115, the appeal board shall, 73 44 within sixty days after filing of the petition for 73 45 judicial review or within a longer period of time 73 46 allowed by the court, transmit to the reviewing court 73 47 the original or a certified copy of the entire records 73 48 of a contested case. The appeal board may also 73 49 certify to the court, questions of law involved in any 73 50 decision by the appeal board. Petitions for judicial 74 1 review and the questions so certified shall be given 74 2 precedence over all other civil cases except cases 74 3 arising under the workers' compensation law of this 74 4 state. No bond shall be required for entering an 74 5 appeal from any final order, judgment, or decree of 74 6 the district court to the supreme court. 74 7 Sec. 100. Section 21.6, subsection 1, Code 1997, 74 8 is amended to read as follows: 74 9 1. The remedies provided by this section against 74 10 state governmental bodies shall be in addition to 74 11 those provided by section17A.1917A.5117. Any 74 12 aggrieved person, taxpayer to, or citizen of, the 74 13 state of Iowa, or the attorney general or county 74 14 attorney, may seek judicial enforcement of the 74 15 requirements of this chapter. Suits to enforce this 74 16 chapter shall be brought in the district court for the 74 17 county in which the governmental body has its 74 18 principal place of business. 74 19 Sec. 101. Section 22.7, subsection 15, Code 1997, 74 20 is amended to read as follows: 74 21 15. Information concerning the procedures to be 74 22 used to control disturbances at adult correctional 74 23 institutions. Such information shall also be exempt 74 24 from public inspection undersection 17A.3sections 74 25 17A.2101 and 17A.2102. As used in this subsection 74 26 disturbance means a riot or a condition that can 74 27 reasonably be expected to cause a riot. 74 28 Sec. 102. Section 22.8, subsection 4, paragraph f, 74 29 Code 1997, is amended to read as follows: 74 30 f. The rights and remedies provided by this 74 31 section are in addition to any rights and remedies 74 32 provided bysection 17A.19chapter 17A, article 5. 74 33 Sec. 103. Section 22.9, unnumbered paragraph 2, 74 34 Code 1997, is amended to read as follows: 74 35 An agency within the meaning of section17A.2,74 36subsection 117A.1102 shall adopt as a rule, in each 74 37 situation where this section is believed applicable, 74 38 its determination identifying those particular 74 39 provisions of this chapter that must be waived in the 74 40 circumstances to prevent the denial of federal funds, 74 41 services, or information. 74 42 Sec. 104. Section 22.10, subsection 1, Code 1997, 74 43 is amended to read as follows: 74 44 1. The rights and remedies provided by this 74 45 section are in addition to any rights and remedies 74 46 provided bysection 17A.19chapter 17A, article 5. 74 47 Any aggrieved person, any taxpayer to or citizen of 74 48 the state of Iowa, or the attorney general or any 74 49 county attorney, may seek judicial enforcement of the 74 50 requirements of this chapter in an action brought 75 1 against the lawful custodian and any other persons who 75 2 would be appropriate defendants under the 75 3 circumstances. Suits to enforce this chapter shall be 75 4 brought in the district court for the county in which 75 5 the lawful custodian has its principal place of 75 6 business. 75 7 Sec. 105. Section 68B.2, subsection 13, paragraph 75 8 b, subparagraph (8), Code 1997, is amended to read as 75 9 follows: 75 10 (8) Persons whose activities are limited to 75 11 submitting data, views, or arguments in writing, or 75 12 requesting an opportunity to make an oral presentation 75 13 under section17A.4, subsection 117A.3104. 75 14 Sec. 106. Section 68B.31, subsection 8, Code 1997, 75 15 is amended to read as follows: 75 16 8. If a hearing on the complaint is ordered the 75 17 ethics committee shall receive all admissible 75 18 evidence, determine any factual or legal issues 75 19 presented during the hearing, and make findings of 75 20 fact based upon evidence received. Hearings shall be 75 21 conducted in the manner prescribed for adjudicative 75 22 proceedings insection 17A.12chapter 17A, article 4. 75 23 The rules of evidence applicable under section17A.1475 24 17A.4212 shall also apply in hearings before the 75 25 ethics committee. Clear and convincing evidence shall 75 26 be required to support a finding that the member of 75 27 the general assembly or lobbyist before the general 75 28 assembly has committed a violation of this chapter. 75 29 Parties to a complaint may, subject to the approval of 75 30 the ethics committee, negotiate for settlement of 75 31 disputes that are before the ethics committee. Terms 75 32 of any negotiated settlements shall be publicly 75 33 recorded. If a complaint is filed or initiated less 75 34 than ninety days before the election for a state 75 35 office, for which the person named in the complaint is 75 36 the incumbent officeholder, the ethics committee 75 37 shall, if possible, set the hearing at the earliest 75 38 available date so as to allow the issue to be resolved 75 39 before the election. An extension of time for a 75 40 hearing may be granted when both parties mutually 75 41 agree on an alternate date for the hearing. The 75 42 ethics committee shall make every effort to hear all 75 43 ethics complaints within three months of the date that 75 44 the complaints are filed. However, after three months 75 45 from the date of the filing of the complaint, 75 46 extensions of time for purposes of preparing for 75 47 hearing may only be granted by the ethics committee 75 48 when the party charged in the complaint with the 75 49 ethics violation consents to an extension. If the 75 50 party charged does not consent to an extension, the 76 1 ethics committee shall not grant any extensions of 76 2 time for preparation prior to hearing. All complaints 76 3 alleging a violation of this chapter or the code of 76 4 ethics shall be heard within nine months of the filing 76 5 of the complaint. Final dispositions of violations, 76 6 which the ethics committee has found to have been 76 7 established by clear and convincing evidence, shall be 76 8 made within thirty days of the conclusion of the 76 9 hearing on the complaint. 76 10 Sec. 107. Section 68B.34, Code 1997, is amended to 76 11 read as follows: 76 12 68B.34 INVESTIGATION BY INDEPENDENT SPECIAL 76 13 COUNSEL – PROBABLE CAUSE. 76 14 The purpose of an investigation by the independent 76 15 special counsel is to determine whether there is 76 16 probable cause to proceed with an adjudicatory hearing 76 17 on the matter. In conducting investigations and 76 18 holding hearings, the independent special counsel may 76 19 require by subpoena the attendance and testimony of 76 20 witnesses and may subpoena books, papers, records, and 76 21 any other real evidence relating to the matter before 76 22 the independent special counsel. The independent 76 23 special counsel shall have the additional authority 76 24 provided in section17A.1317A.4210. If the 76 25 independent special counsel determines at any stage in 76 26 the proceedings that take place prior to hearing that 76 27 the complaint is without merit, the independent 76 28 special counsel shall report that determination to the 76 29 appropriate ethics committee and the complaint shall 76 30 be dismissed and the complainant and the party charged 76 31 shall be notified. If, after investigation, the 76 32 independent special counsel determines evidence exists 76 33 which, if proven, would support a finding of a 76 34 violation of this chapter, a finding of probable cause 76 35 shall be made and reported to the ethics committee, 76 36 and a hearing shall be ordered by the ethics committee 76 37 as provided in section 68B.31. Independent special 76 38 counsel investigations are not meetings of a 76 39 governmental body within the meaning of chapter 21, 76 40 and records and information obtained by independent 76 41 special counsel during investigations are confidential 76 42 until disclosed to a legislative ethics committee 76 43 under section 68B.31. 76 44 Sec. 108. Section 80A.17, subsection 1, unnumbered 76 45 paragraphs 2 and 3, Code 1997, are amended to read as 76 46 follows: 76 47 Pursuant to section17A.19, subsection 617A.5115, 76 48 the department, upon an appeal by the licensee of the 76 49 decision by the department shall transmit the entire 76 50 record of the contested case to the reviewing court. 77 1 Notwithstanding section17A.19, subsection 677 2 17A.5115, if a waiver of privilege has been 77 3 involuntary and evidence has been received at a 77 4 disciplinary hearing, the court shall order withheld 77 5 the identity of the individual whose privilege was 77 6 waived. 77 7 Sec. 109. Section 86.17, subsection 1, Code 1997, 77 8 is amended to read as follows: 77 9 1. A deputy industrial commissioner may preside 77 10 over anycontested caseadjudicative proceeding 77 11 brought under this chapter, or chapter 85 or 85A in 77 12 the manner provided by chapter 17A. The deputy 77 13 commissioner or the commissioner may make such 77 14 inquiries and investigation incontested case77 15 adjudicative proceedings as shall be deemed necessary, 77 16 consistent with the provisions of section17A.1777 17 17A.4213. 77 18 Sec. 110. Section 86.19, subsection 2, Code 1997, 77 19 is amended to read as follows: 77 20 2. Notwithstanding the requirements of section 77 2117A.1217A.4211, subsection74, a certified shorthand 77 22 reporter, appointed by the presiding officer ina77 23contested casean adjudicative proceeding or by the 77 24 industrial commissioner in an appeal proceeding, may 77 25 maintain and thus have the responsibility for the 77 26 recording or stenographic notes for the period 77 27 required by section17A.1217A.4211, subsection74. 77 28 Sec. 111. Section 86.24, subsections 2 and 3, Code 77 29 1997, are amended to read as follows: 77 30 2. In addition to the provisions ofsection 17A.1577 31 sections 17A.4215 and 17A.4216, the industrial 77 32 commissioner may affirm, modify, or reverse the 77 33 decision of a deputy commissioner or the commissioner 77 34 may remand the decision to the deputy commissioner for 77 35 further proceedings. 77 36 3. In addition to the provisions ofsection 17A.1577 37 sections 17A.4215 and 17A.4216, the industrial 77 38 commissioner, on appeal, may limit the presentation of 77 39 evidence as provided by rule. 77 40 Sec. 112. Section 86.42, Code 1997, is amended to 77 41 read as follows: 77 42 86.42 JUDGMENT BY DISTRICT COURT ON AWARD. 77 43 Any party in interest may present a certified copy 77 44 of an order or decision of the commissioner, from 77 45 which a timely petition for judicial review has not 77 46 been filed or if judicial review has been filed, which 77 47 has not had execution or enforcement stayed as 77 48 provided in section17A.19, subsection 517A.5111, or 77 49 an order or decision of a deputy commissioner from 77 50 which a timely appeal has not been taken within the 78 1 agency and which has become final by the passage of 78 2 time as provided by rule and section17A.1517A.4220, 78 3 or an agreement for settlement approved by the 78 4 commissioner, and all papers in connection therewith, 78 5 to the district court where judicial review of the 78 6 agency action may be commenced. The court shall 78 7 render a decree or judgment and cause the clerk to 78 8 notify the parties. The decree or judgment, in the 78 9 absence of a petition for judicial review or if 78 10 judicial review has been commenced, in the absence of 78 11 a stay of execution or enforcement of the decision or 78 12 order of the industrial commissioner, or in the 78 13 absence of an act of any party which prevents a 78 14 decision of a deputy industrial commissioner from 78 15 becoming final, has the same effect and in all 78 16 proceedings in relation thereto is the same as though 78 17 rendered in a suit duly heard and determined by the 78 18 court. 78 19 Sec. 113. Section 89.5, subsection 4, Code 1997, 78 20 is amended by striking the subsection. 78 21 Sec. 114. Section 99A.6, unnumbered paragraph 2, 78 22 Code 1997, is amended to read as follows: 78 23 Judicial review of actions of the issuing 78 24 authorities may be sought in accordance with the terms 78 25 of the Iowa administrative procedure Act. 78 26 Municipalities acting as issuing authorities shall be 78 27 deemed state agencies solely for the purposes of 78 28 bringing their actions under this chapter within the 78 29 termsof section 17A.19for judicial review in chapter 78 30 17A, article 5. If the licensee has not filed a 78 31 petition for judicial review in district court, 78 32 revocation shall date from the thirty-first day 78 33 following the date of the order of the issuing 78 34 authority. If the licensee has filed a petition for 78 35 judicial review, revocation shall date from the 78 36 thirty-first day following entry of the order of the 78 37 district court, if action by the district court is 78 38 adverse to the licensee. 78 39 Sec. 115. Section 123.37, unnumbered paragraph 2, 78 40 Code 1997, is amended to read as follows: 78 41 The administrator may compromise and settle 78 42 doubtful and disputed claims for taxes imposed under 78 43 this chapter or for taxes of doubtful collectibility, 78 44 notwithstanding section 7D.9. The administrator may 78 45 enter into informal settlements as permitted pursuant 78 46 to section17A.1017A.1106, to compromise and settle 78 47 doubtful and disputed claims for taxes imposed under 78 48 this chapter. The administrator may make a claim 78 49 under a licensee's or permittee's penal bond for taxes 78 50 of doubtful collectibility. Whenever a compromise or 79 1 settlement is made, the administrator shall make a 79 2 complete record of the case showing the tax assessed, 79 3 reports and audits, if any, the licensee's or 79 4 permittee's grounds for dispute or contest, together 79 5 with all evidence of the dispute or contest, and the 79 6 amounts, conditions, and settlement or compromise of 79 7 the dispute or contest. 79 8 Sec. 116. Section 135.70, Code 1997, is amended to 79 9 read as follows: 79 10 135.70 APPEAL OF CERTIFICATE OF NEED DECISIONS. 79 11 The council's decision on an application for 79 12 certificate of need, when announced pursuant to 79 13 section 135.69, is a final decision. Any dissatisfied 79 14 party who is an affected person with respect to the 79 15 application, and who participated or sought 79 16 unsuccessfully to participate in the formal review 79 17 procedure prescribed by section 135.66, may request a 79 18rehearingreconsideration in accordance withchapter79 1917Asection 17A.4218 and rules of the department. If 79 20 arehearingreconsideration is not requested or an 79 21 affected party remains dissatisfied after the request 79 22 forrehearingreconsideration, an appeal may be taken 79 23 in the manner provided by chapter 17A. 79 24 Notwithstanding the Iowa administrative procedure Act, 79 25 chapter 17A, a request forrehearingreconsideration 79 26 is not required, prior toappeal under section 17A.1979 27 the filing of a petition for judicial review as 79 28 provided in chapter 17A, article 5. 79 29 Sec. 117. Section 135C.2, subsection 3, paragraph 79 30 d, Code 1997, is amended to read as follows: 79 31 d. Notwithstanding the limitations set out in this 79 32 subsection regarding rules for intermediate care 79 33 facilities for persons with mental retardation, the 79 34 department shall consider the federal interpretive 79 35 guidelines issued by the federal health care financing 79 36 administration when interpreting the department's 79 37 rules for intermediate care facilities for persons 79 38 with mental retardation. This use of the guidelines 79 39 is not subject to the rulemaking provisions of 79 40 sections17A.4 and 17A.5chapter 17A, article 3, but 79 41 the guidelines shall be published in the Iowa 79 42 administrative bulletin and the Iowa administrative 79 43 code. 79 44 Sec. 118. Section 139C.2, subsection 3, Code 1997, 79 45 is amended to read as follows: 79 46 3. The department shall establish an expert review 79 47 panel to determine on a case-by-case basis under what 79 48 circumstances, if any, a health care provider 79 49 determined to be infected with HIV or HBV practicing 79 50 outside the hospital setting or referred to the panel 80 1 by a hospital, may perform exposure-prone procedures. 80 2 If a health care provider determined to be infected 80 3 with HIV or HBV does not comply with the determination 80 4 of the expert review panel, the panel shall report the 80 5 noncompliance to the examining board with jurisdiction 80 6 over the health care provider. A determination of an 80 7 expert review panel pursuant to this section is a 80 8 final agency actionappealablesubject to judicial 80 9 review pursuant tosection 17A.19chapter 17A, article 80 10 5. 80 11 Sec. 119. Section 147A.5, subsection 3, Code 1997, 80 12 is amended to read as follows: 80 13 3. The department may deny an application for 80 14 authorization, or may place on probation, suspend, or 80 15 revoke existing authorization if the department finds 80 16 reason to believe the program has not been or will not 80 17 be operated in compliance with this subchapter and the 80 18 rules adopted pursuant to this subchapter, or that 80 19 there is insufficient assurance of adequate protection 80 20 for the public. The denial or period of probation, 80 21 suspension, or revocation shall be effected and 80 22 judicial review may beappealedsought as providedby80 23section 17A.12for adjudicative proceedings under 80 24 chapter 17A, article 5. 80 25 Sec. 120. Section 147A.7, subsection 2, Code 1997, 80 26 is amended to read as follows: 80 27 2. If clinical issues are involved, the matter 80 28 shall be referred to the board for completion of the 80 29 investigation and the conduct of any disciplinary 80 30 proceeding pursuant to chapter 17A. The findings of 80 31 the board shall be the final decision for purposes of 80 32 section17A.1517A.4215 and shall be enforced by the 80 33 department. 80 34 Sec. 121. Section 148C.6A, Code 1997, is amended 80 35 to read as follows: 80 36 148C.6A APPEAL TO BOARD OF MEDICAL EXAMINERS IN 80 37 CONTESTED CASES INVOLVING DISCIPLINE. 80 38 Pursuant to section17A.1517A.4219, a decision of 80 39 the board ina contested casean adjudicative 80 40 proceeding involving discipline of a person licensed 80 41 as a physician assistant may be appealed to the board 80 42 of medical examiners. 80 43 Sec. 122. Section 161A.4, subsection 1, unnumbered 80 44 paragraph 1, Code 1997, is amended to read as follows: 80 45 1. The soil conservation division is established 80 46 within the department to perform the functions 80 47 conferred upon it in chapters 161A through 161C, 161E, 80 48 161F, 207, and 208. The division shall be 80 49 administered in accordance with the policies of the 80 50 state soil conservation committee, which shall advise 81 1 the division and which shall approve administrative 81 2 rules proposed by the division for the administration 81 3 of chapters 161A through 161C, 161E, 161F, 207, and 81 4 208 before the rules are adopted pursuant to section 81 517A.517A.3115. If a difference exists between the 81 6 committee and secretary regarding the content of a 81 7 proposed rule, the secretary shall notify the 81 8 chairperson of the committee of the difference within 81 9 thirty days from the committee's action on the rule. 81 10 The secretary and the committee shall meet to resolve 81 11 the difference within thirty days after the secretary 81 12 provides the committee with notice of the difference. 81 13 Sec. 123. Section 163.30, subsection 3, unnumbered 81 14 paragraph 3, Code 1997, is amended to read as follows: 81 15 A permittee shall not represent more than one 81 16 dealer. Failure of a licensee or permittee to comply 81 17 with this chapter or a rule made pursuant to this 81 18 chapter is cause for revocation by the secretary of 81 19 the permit or license after notice to the alleged 81 20 offender and the holding of a hearing by the 81 21 secretary. Rules shall be made in accordance with 81 22 chapter 17A. A rule, the violation of which is made 81 23 the basis for revocation, except temporary emergency 81 24 rules, shall first have been approved after public 81 25 hearing as provided in section17A.417A.3104 after 81 26 giving twenty days' notice of the hearing as follows: 81 27 Sec. 124. Section 169.5, subsection 9, paragraph 81 28 e, Code 1997, is amended to read as follows: 81 29 e. Hold hearings on all matters properly brought 81 30 before the board and administer oaths, receive 81 31 evidence, make the necessary determinations, and enter 81 32 orders consistent with the findings. The board may 81 33 require by subpoena the attendance and testimony of 81 34 witnesses and the production of papers, records, or 81 35 other documentary evidence and commission depositions. 81 36 An administrative law judge may be appointed pursuant 81 37 tosection 17A.11, subsection 3chapter 17A, article 81 38 4, to perform those functions which properly repose in 81 39 an administrative law judge. 81 40 Sec. 125. Section 169.5, subsection 9, paragraph 81 41 i, Code 1997, is amended to read as follows: 81 42 i. Adopt, amend, or repeal rules relating to the 81 43 standards of conduct for, testing of, and revocation 81 44 or suspension of certificates issued to veterinary 81 45 assistants. However, a certificate shall not be 81 46 suspended or revoked by less than a two-thirds vote of 81 47 the entire board in a proceeding conducted in 81 48 compliance withsection 17A.12chapter 17A, article 4. 81 49 Sec. 126. Section 169.15, Code 1997, is amended to 81 50 read as follows: 82 1 169.15 APPEAL. 82 2 Any party aggrieved by a decision of the board may 82 3appeal the matter to the district courtpetition for 82 4 judicial review as provided insection 17A.19chapter 82 5 17A, article 5. 82 6 Sec. 127. Section 172D.1, subsection 14, Code 82 7 1997, is amended to read as follows: 82 8 14. "Rule of the department" means a rule as 82 9 defined in section17A.217A.1102 which materially 82 10 affects the operation of a feedlot and which has been 82 11 adopted by the department. The term includes a rule 82 12 which was in effect prior to July 1, 1975. Except as 82 13 specifically provided in section 172D.3, subsection 2, 82 14 paragraph "b", subparagraph (5), and paragraph "c", 82 15 subparagraph (5), nothing in this chapter shall be 82 16 deemed to empower the department to make any rule. 82 17 Sec. 128. Section 200.3, subsection 20, Code 1997, 82 18 is amended to read as follows: 82 19 20. "Rule" means a rule as defined in section 82 2017A.217A.1102 which materially affects the operation 82 21 of an anhydrous ammonia plant. The term includes a 82 22 rule which was in effect prior to July 1, 1984. 82 23 Sec. 129. Section 203C.10, unnumbered paragraph 2, 82 24 Code 1997, is amended to read as follows: 82 25 If upon the filing of the information or complaint 82 26 the department finds that the licensee has failed to 82 27 meet the warehouse operator's obligation or otherwise 82 28 has violated or failed to comply with the provisions 82 29 of this chapter or any rulepromulgatedadopted under 82 30 this chapter, and if the department finds that the 82 31 public health, safety or welfare imperatively requires 82 32 emergency action, then the department without hearing 82 33 may order a summary suspension of the license in the 82 34 manner provided in section17A.1817A.4105. When so 82 35 ordered, a copy of the order of suspension shall be 82 36 served upon the licensee at the time the information 82 37 or complaint is served as provided in this section. 82 38 Sec. 130. Section 207.14, subsection 2, unnumbered 82 39 paragraph 2, Code 1997, is amended to read as follows: 82 40 If upon expiration of the time as fixed the 82 41 administrator finds in writing that the violation has 82 42 not been abated, the administrator, notwithstanding 82 43section 17A.18sections 17A.4105 and 17A.4501, shall 82 44 immediately order a cessation of coal mining and 82 45 reclamation operations relating to the violation until 82 46 the order is modified, vacated, or terminated by the 82 47 administrator pursuant to procedures outlined in this 82 48 section. In the order of cessation issued by the 82 49 administrator under this subsection, the administrator 82 50 shall include the steps necessary to abate the 83 1 violation in the most expeditious manner possible. 83 2 Sec. 131. Section 207.15, subsection 5, unnumbered 83 3 paragraph 2, Code 1997, is amended to read as follows: 83 4 Notwithstanding section17A.2017A.5118, an appeal 83 5 bond shall be required for an appeal of a judgment 83 6 assessing a civil penalty. 83 7 Sec. 132. Section 216.15, subsection 3, paragraph 83 8 b, Code 1997, is amended to read as follows: 83 9 b. For purposes of this chapter, an administrative 83 10 law judge issuing a determination of probable cause or 83 11 no probable cause under this section is exempt from 83 12section 17A.17sections 17A.4213 and 17A.4214. 83 13 Sec. 133. Section 216.17, subsection 1, unnumbered 83 14 paragraphs 2 and 3, Code 1997, are amended to read as 83 15 follows: 83 16 For purposes of the time limit for filing a 83 17 petition for judicial review under the Iowa 83 18 administrative procedure Act, specified by section 83 1917A.1917A.5108, the issuance of a final decision of 83 20 the commission under this chapter occurs on the date 83 21 notice of the decision is mailed by certified mail, to 83 22 the parties. 83 23 Notwithstanding the time limit provided in section 83 2417A.19, subsection 317A.5108, a petition for judicial 83 25 review of no-probable-cause decisions and other final 83 26 agency actions which are not of general applicability 83 27 must be filed within thirty days of the issuance of 83 28 the final agency action. 83 29 Sec. 134. Section 216.17, subsection 6, Code 1997, 83 30 is amended to read as follows: 83 31 6. In the enforcement proceeding the court shall 83 32 determine its order on the same basis as it would in a 83 33 proceeding reviewing commission action under section 83 3417A.19, subsection 817A.5117. 83 35 Sec. 135. Section 217.30, subsection 8, Code 1997, 83 36 is amended to read as follows: 83 37 8. The provisions of this section shall take 83 38 precedence over section17A.1217A.4211, subsection783 39 4. 83 40 Sec. 136. Section 225C.29, Code 1997, is amended 83 41 to read as follows: 83 42 225C.29 COMPLIANCE. 83 43 Except for a violation of section 225C.28B, 83 44 subsection 2, the sole remedy for violation of a rule 83 45 adopted by the commission to implement sections 83 46 225C.25 through 225C.28B shall be by a proceeding for 83 47 compliance initiated by request to the division 83 48 pursuant to chapter 17A. Any decision of the division 83 49 shall be in accordance with due process of law and is 83 50 subject toappeal to the Iowa district courtjudicial 84 1 review pursuant tosections 17A.19 and 17A.20chapter 84 2 17A, article 5, and appeal pursuant to section 84 3 17A.5118 by any aggrieved party. Either the division 84 4 or a party in interest may apply to the Iowa district 84 5 court for an order to enforce the decision of the 84 6 division. Any rules adopted by the commission to 84 7 implement sections 225C.25 through 225C.28B do not 84 8 create any right, entitlement, property or liberty 84 9 right or interest, or private cause of action for 84 10 damages against the state or a political subdivision 84 11 of the state or for which the state or a political 84 12 subdivision of the state would be responsible. Any 84 13 violation of section 225C.28B, subsection 2, shall 84 14 solely be subject to the enforcement by the 84 15 commissioner of insurance and penalties granted by 84 16 chapter 507B for a violation of section 507B.4, 84 17 subsection 7. 84 18 Sec. 137. Section 229.23, subsection 3, Code 1997, 84 19 is amended to read as follows: 84 20 3. In addition to protection of the person's 84 21 constitutional rights, enjoyment of other legal, 84 22 medical, religious, social, political, personal and 84 23 working rights and privileges which the person would 84 24 enjoy if the person were not so hospitalized or 84 25 detained, so far as is possible consistent with 84 26 effective treatment of that person and of the other 84 27 patients of the hospital. If the patient's rights are 84 28 restricted, the physician's direction to that effect 84 29 shall be noted on the patient's record. The 84 30 department of human services shall, in accordance with 84 31 chapter 17A establish rules setting forth the specific 84 32 rights and privileges to which persons so hospitalized 84 33 or detained are entitled under this section, and the84 34exceptions provided by section 17A.2, subsection 10,84 35paragraphs "a" and "k", shall not be applicable to the84 36rules so established. The patient or the patient's 84 37 next of kin or friend shall be advised of these rules 84 38 and be provided a written copy upon the patient's 84 39 admission to or arrival at the hospital. 84 40 Sec. 138. Section 249A.3, subsection 11, paragraph 84 41 b, Code 1997, is amended to read as follows: 84 42 b. The department shall exercise the option 84 43 provided in 42 U.S.C. } 1396p(c) to provide a period 84 44 of ineligibility for medical assistance due to a 84 45 transfer of assets by a noninstitutionalized 84 46 individual or the spouse of a noninstitutionalized 84 47 individual. For noninstitutionalized individuals, the 84 48 number of months of ineligibility shall be equal to 84 49 the total, cumulative uncompensated value of all 84 50 assets transferred by the individual or the 85 1 individual's spouse on or after the look-back date 85 2 specified in 42 U.S.C. } 1396p(c)(1)(B)(i), divided by 85 3 the average monthly cost to a private patient for 85 4 nursing facility services in Iowa at the time of 85 5 application. The services for which 85 6 noninstitutionalized individuals shall be made 85 7 ineligible shall include any long-term care services 85 8 for which medical assistance is otherwise available. 85 9 Notwithstandingsection 17A.4sections 17A.3103 85 10 through 17A.3107, the department may adopt rules 85 11 providing a period of ineligibility for medical 85 12 assistance due to a transfer of assets by a 85 13 noninstitutionalized individual or the spouse of a 85 14 noninstitutionalized individual without notice of 85 15 opportunity for public comment, to be effective 85 16 immediately upon filing under section17A.517A.3115, 85 17 subsection 2, paragraph "b", subparagraph (1). 85 18 Sec. 139. Section 252.27, unnumbered paragraph 2, 85 19 Code 1997, is amended to read as follows: 85 20 The board shall record its proceedings relating to 85 21 the provision of assistance to specific persons under 85 22 this chapter. A person who is aggrieved by a decision 85 23 of the board mayappealseek judicial review of the 85 24 decision as if it werea contested casean 85 25 adjudicative proceeding before an agency and as if the 85 26 person had exhausted administrative remedies in 85 27 accordance with the procedures and standardsin85 28section 17A.19, subsections 2 to 8 except paragraphs85 29"b" and "c" of subsection 8, and section 17A.20for 85 30 judicial review in chapter 17A, article 5, except for 85 31 section 17A.5116, subsection 3, paragraphs "b" and 85 32 "g", and for appeal in section 17A.5118. 85 33 Sec. 140. Section 252J.8, subsection 4, paragraph 85 34 d, Code 1997, is amended to read as follows: 85 35 d. If the licensing authority's rules and 85 36 procedures conflict with the additional requirements 85 37 of this section, the requirements of this section 85 38 shall apply. Notwithstanding section17A.1817A.4105, 85 39 the obligor does not have a right to a hearing before 85 40 the licensing authority to contest the authority's 85 41 actions under this chapter but may request a court 85 42 hearing pursuant to section 252J.9 within thirty days 85 43 of the provision of notice under this section. 85 44 Sec. 141. Section 256B.6, unnumbered paragraph 3, 85 45 Code 1997, is amended to read as follows: 85 46 Notwithstandingsection 17A.11chapter 17A, article 85 47 4, the state board of education shall adopt rules for 85 48 the appointment of an impartial administrative law 85 49 judge for special education appeals. The rules shall 85 50 comply with federal statutes and regulations. 86 1 Sec. 142. Section 261B.3, subsection 2, Code 1997, 86 2 is amended to read as follows: 86 3 2. The secretary may request additional 86 4 information as necessary to enable the secretary to 86 5 determine the accuracy and completeness of the 86 6 information contained in the registration application. 86 7 If the secretary believes that false, misleading, or 86 8 incomplete information has been submitted in 86 9 connection with an application for registration, the 86 10 secretary may deny registration. The secretary shall 86 11 conduct a hearing on the denial if a hearing is 86 12 requested by a school. The secretary may withhold an 86 13 acknowledgment of document filed pending the outcome 86 14 of the hearing. Upon a finding after the hearing that 86 15 information contained in the registration application 86 16 is false, misleading, or incomplete, the secretary 86 17 shall deny an acknowledgment of document filed to the 86 18 school. The secretary shall make the final decision 86 19 on each registration. However, the decision of the 86 20 secretary is subject to judicial review in accordance 86 21 withsection 17A.19chapter 17A, article 5. 86 22 Sec. 143. Section 262.69, unnumbered paragraph 3, 86 23 Code 1997, is amended to read as follows: 86 24 Notwithstanding the provisions of chapter 17A, a 86 25 proceeding conducted by the state board of regents or 86 26 an institution governed by the state board of regents 86 27 to determine the validity of an assessment of a 86 28 violation of traffic control and parking rules is not 86 29a contested casean adjudicative proceeding as defined 86 30 in section17A.2, subsection 517A.1102. 86 31 Sec. 144. Section 267.6, Code 1997, is amended to 86 32 read as follows: 86 33 267.6 IOWA ADMINISTRATIVE PROCEDURE ACT. 86 34 The provisions of chapter 17A shall not apply to 86 35 the council or any actions taken by it, except that 86 36 any recommendations adopted by the council pursuant to 86 37 section 267.5, subsection 3, and any rules adopted by 86 38 the council shall be adopted, amended, or repealed 86 39 only after compliance with the provisions ofsections86 4017A.4, 17A.5, and 17A.6chapter 17A, article 3. 86 41 Sec. 145. Section 272C.6, subsection 4, unnumbered 86 42 paragraphs 2 and 3, Code 1997, are amended to read as 86 43 follows: 86 44 Pursuant to the provisions of section17A.19,86 45subsection 617A.5115, a licensing board uponan86 46appealseeking of judicial review by the licensee of 86 47 the decision by the licensing board, shall transmit 86 48 the entire record of thecontested caseadjudicative 86 49 proceeding to the reviewing court. 86 50 Notwithstanding the provisions of section17A.19,87 1subsection 617A.5115, if a waiver of privilege has 87 2 been involuntary and evidence has been received at a 87 3 disciplinary hearing, the court shall order withheld 87 4 the identity of the individual whose privilege was 87 5 waived. 87 6 Sec. 146. Section 316.9, subsection 4, Code 1997, 87 7 is amended to read as follows: 87 8 4. A person aggrieved by a determination as to 87 9 eligibility for assistance or a payment authorized by 87 10 this chapter, or the amount of a payment, upon 87 11 application may have the matter reviewed. Rules 87 12 governing reviews shall provide for a prompt one-step 87 13 uncomplicated fact-finding process. Such a review is 87 14 an appeal of an agency action as defined in section 87 1517A.2, subsection 217A.1102, and is nota contested87 16casean adjudicative proceeding. The decision 87 17 rendered shall be the displacing agency's final agency 87 18 action. 87 19 Sec. 147. Section 321.52, subsection 3, unnumbered 87 20 paragraph 2, Code 1997, is amended to read as follows: 87 21 However, upon application the department upon a 87 22 showing of good cause may issue a certificate of title 87 23 after the fourteen-day period for a junked vehicle for 87 24 which a junking certificate has been issued. For 87 25 purposes of this subsection, "good cause" means that 87 26 the junking certificate was obtained by mistake or 87 27 inadvertence. If a person's application to the 87 28 department is denied, the person may make application 87 29 for a certificate of title under the bonding procedure 87 30 as provided in section 321.24, if the vehicle 87 31 qualifies as an antique vehicle under section 321.115, 87 32 subsection 1, or the person may seek judicial review 87 33 as provided undersections 17A.19 and 17A.20chapter 87 34 17A, article 5, and appellate review under section 87 35 17A.5118. 87 36 Sec. 148. Section 321.253A, subsection 1, Code 87 37 1997, is amended to read as follows: 87 38 1. The department shall place and maintain 87 39 directional signs upon primary highways which provide 87 40 information about historic sites which are located on 87 41 land owned or managed by an agency as defined in 87 42 section17A.217A.1102. The signs shall conform to 87 43 the manual of uniform traffic devices. However, the 87 44 directional signs are not subject to requirements 87 45 applicable to tourist-oriented directional signs. 87 46 Sec. 149. Section 321.556, subsections 1 and 2, 87 47 Code 1997, are amended to read as follows: 87 48 1. If, upon review of the record of convictions of 87 49 any person, the department determines that the person 87 50 appears to be a habitual offender, the department 88 1 shall immediately notify the person in writing and 88 2 afford the licensee an opportunity for a hearing. The 88 3 notice shall direct the person named in the notice to 88 4 appear for hearing and show cause why the person 88 5 should not be barred from operating a motor vehicle on 88 6 the highways of this state. The notice shall meet the 88 7 requirements of section17A.1217A.4206 and shall be 88 8 served in the manner provided in that section. 88 9 Service of notice on any nonresident of this state may 88 10 be made in the same manner as provided in sections 88 11 321.498 through 321.506. A peace officer stopping a 88 12 person for whom a notice to appear for hearing has 88 13 been issued under the provisions of this section may 88 14 personally serve the notice upon forms approved by the 88 15 department to satisfy the notice requirements of this 88 16 section. A peace officer may confiscate the motor 88 17 vehicle license of a person if the license has been 88 18 revoked or has been suspended subsequent to a hearing 88 19 and the person has not forwarded the motor vehicle 88 20 license to the department as required. 88 21 2. The hearing shall be conducted as providedin88 22section 17A.12for an adjudicative proceeding in 88 23 chapter 17A, article 4, before the department in the 88 24 county where the alleged events occurred, unless the 88 25 director and the person agree that the hearing may be 88 26 held in some other county, or the hearing may be held 88 27 by telephone conference at the discretion of the 88 28 agency conducting the hearing. The hearing shall be 88 29 recorded and its scope shall be limited to the issue 88 30 of whether the person notified is a habitual offender. 88 31 Sec. 150. Section 321.560, Code 1997, is amended 88 32 to read as follows: 88 33 321.560 PERIOD OF REVOCATION. 88 34 A license to operate a motor vehicle in this state 88 35 shall not be issued to any person declared to be a 88 36 habitual offender under section 321.555, subsection 1, 88 37 for a period of not less than two years nor more than 88 38 six years from the date of the final decision of the 88 39 department under section17A.1917A.4215 or the date 88 40 on which the district court upholds the final decision 88 41 of the department, whichever occurs later. However, a 88 42 temporary restricted permit may be issued to a person 88 43 declared to be a habitual offender under section 88 44 321.555, subsection 1, paragraph "c", pursuant to 88 45 section 321.215, subsection 2. A license to operate a 88 46 motor vehicle in this state shall not be issued to any 88 47 person declared to be a habitual offender under 88 48 section 321.555, subsection 2, for a period of one 88 49 year from the date of the final decision of the 88 50 department under section17A.1917A.4215 or the date 89 1 on which the district court upholds the final decision 89 2 of the department, whichever occurs later. The 89 3 department shall adopt rules under chapter 17A which 89 4 establish a point system which shall be used to 89 5 determine the period for which a person who is 89 6 declared to be a habitual offender under section 89 7 321.555, subsection 1, shall not be issued a license. 89 8 Sec. 151. Section 368.22, unnumbered paragraph 4, 89 9 and subsections 1, 2, and 3, Code 1997, are amended to 89 10 read as follows: 89 11 The judicial review provisions of this section and 89 12 chapter 17A, article 5, shall be the exclusive means 89 13 by which a person or party who is aggrieved or 89 14 adversely affected by agency action may seek judicial 89 15 review of that agency action. The court's review on 89 16 appeal of a decision is limited to questions relating 89 17 to jurisdiction, regularity of proceedings, and 89 18 whether the decision appealed from is arbitrary, 89 19 unreasonable, or without substantial supporting 89 20 evidence. The court may reverse and remand a decision 89 21 of the board or a committee, with appropriate 89 22 directions. The followingportions of section 17A.1989 23 provisions of chapter 17A are not applicable to this 89 24 chapter: 89 25 1.The part of subsection 2 which relates to where89 26proceedings for judicial review shall be instituted.89 27 Section 17A.5104, subsection 2. 89 28 2.Subsection 5.Section 17A.5111. 89 29 3.Subsection 8.Section 17A.5116. 89 30 4. Section 17A.5117. 89 31 Sec. 152. Section 421.17, subsection 20, 89 32 unnumbered paragraph 2, Code 1997, is amended to read 89 33 as follows: 89 34 The provisions ofsections 17A.10 to 17A.18chapter 89 35 17A, article 4, relating tocontested cases89 36 adjudicative proceedings shall not apply to any 89 37 matters involving the equalization of valuations of 89 38 classes of property as authorized by this chapter and 89 39 chapter 441. This exemption shall not apply to a 89 40 hearing before the state board of tax review. 89 41 Sec. 153. Section 422.21, unnumbered paragraph 5, 89 42 Code 1997, is amended to read as follows: 89 43 The director shall determine for the 1989 and each 89 44 subsequent calendar year the annual and cumulative 89 45 inflation factors for each calendar year to be applied 89 46 to tax years beginning on or after January 1 of that 89 47 calendar year. The director shall compute the new 89 48 dollar amounts as specified to be adjusted in section 89 49 422.5 by the latest cumulative inflation factor and 89 50 round off the result to the nearest one dollar. The 90 1 annual and cumulative inflation factors determined by 90 2 the director are not rules as defined in section 90 317A.2, subsection 1017A.1102. The director shall 90 4 determine for the 1990 calendar year and each 90 5 subsequent calendar year the annual and cumulative 90 6 standard deduction factors to be applied to tax years 90 7 beginning on or after January 1 of that calendar year. 90 8 The director shall compute the new dollar amounts of 90 9 the standard deductions specified in section 422.9, 90 10 subsection 1, by the latest cumulative standard 90 11 deduction factor and round off the result to the 90 12 nearest ten dollars. The annual and cumulative 90 13 standard deduction factors determined by the director 90 14 are not rules as defined in section17A.2, subsection90 151017A.1102. 90 16 Sec. 154. Section 422.53, subsection 5, Code 1997, 90 17 is amended to read as follows: 90 18 5. If the holder of a permit fails to comply with 90 19 any of the provisions of this division or any order or 90 20 rule of the department adopted under this division or 90 21 is substantially delinquent in the payment of a tax 90 22 administered by the department or the interest or 90 23 penalty on the tax, or if the person is a corporation 90 24 and if any officer having a substantial legal or 90 25 equitable interest in the ownership of the corporation 90 26 owes any delinquent tax of the permit-holding 90 27 corporation, or interest or penalty on the tax, 90 28 administered by the department, the director may 90 29 revoke the permit. The director shall send notice by 90 30 mail to a permit holder informing that person of the 90 31 director's intent to revoke the permit and of the 90 32 permit holder's right to a hearing on the matter. If 90 33 the permit holder petitions the director for a hearing 90 34 on the proposed revocation, after giving ten days' 90 35 notice of the time and place of the hearing in 90 36 accordance with section17A.18, subsection 317A.4105, 90 37 the matter may be heard and a decision rendered. The 90 38 director may restore permits after revocation. The 90 39 director shall adopt rules setting forth the period of 90 40 time a retailer must wait before a permit may be 90 41 restored or a new permit may be issued. The waiting 90 42 period shall not exceed ninety days from the date of 90 43 the revocation of the permit. 90 44 Sec. 155. Section 424.5, subsection 6, Code 1997, 90 45 is amended to read as follows: 90 46 6. To revoke a permit the director shall serve 90 47 notice as required by section17A.1817A.4105 to the 90 48 permit holder informing that person of the director's 90 49 intent to revoke the permit and of the permit holder's 90 50 right to a hearing on the matter. If the permit 91 1 holder petitions the director for a hearing on the 91 2 proposed revocation, after giving ten days' notice of 91 3 the time and place of the hearing in accordance with 91 4 section17A.18, subsection 317A.4105, the matter may 91 5 be heard and a decision rendered. The director may 91 6 restore permits after revocation. The director shall 91 7 adopt rules setting forth the period of time a 91 8 depositor must wait before a permit may be restored or 91 9 a new permit may be issued. The waiting period shall 91 10 not exceed ninety days from the date of the revocation 91 11 of the permit. 91 12 Sec. 156. Section 441.21, subsection 11, Code 91 13 1997, is amended to read as follows: 91 14 11. The percentage of actual value computed by the 91 15 director for agricultural property, residential 91 16 property, commercial property, industrial property and 91 17 property valued by the department of revenue and 91 18 finance pursuant to chapters 428, 433, 434, 436, 437, 91 19 and 438 and used to determine assessed values of those 91 20 classes of property does not constitute a rule as 91 21 defined in section17A.2, subsection 1017A.1102. 91 22 Sec. 157. Section 441.49, unnumbered paragraph 7, 91 23 Code 1997, is amended to read as follows: 91 24 Tentative and final equalization orders issued by 91 25 the director of revenue and finance are not rules as 91 26 defined in section17A.2, subsection 717A.1102. 91 27 Sec. 158. Section 455B.105, subsection 9, Code 91 28 1997, is amended to read as follows: 91 29 9. Upon request of at least four members of the 91 30 commission before adopting or modifying a rule, the 91 31 director shall prepare and publish with the notice 91 32 required under section17A.417A.3103, subsection 1, 91 33paragraph "a",a comprehensive estimate of the 91 34 economic impact of the proposed rule or modification. 91 35 Sec. 159. Section 455B.446, subsection 4, Code 91 36 1997, is amended to read as follows: 91 37 4. Notice of the hearing in the form provided in 91 38 section17A.12, subsection 2,17A.4206 shall be 91 39 published in a newspaper of general circulation in 91 40 each city and county in which the proposed site is 91 41 located once a week for two consecutive weeks with the 91 42 second publication being at least twenty days prior to 91 43 the date of the hearing. 91 44 Sec. 160. Section 455G.4, subsection 3, paragraph 91 45 b, Code 1997, is amended by striking the paragraph. 91 46 Sec. 161. Section 476.6, subsection 19, paragraph 91 47 c, Code 1997, is amended to read as follows: 91 48 c. The board shall conductcontested case91 49 adjudicative proceedings for review of energy 91 50 efficiency plans and budgets filed by gas and electric 92 1 utilities required to be rate-regulated under this 92 2 chapter. The board may approve, reject, or modify the 92 3 plans and budgets. Notwithstanding the provisions of 92 4 section 17A.19, subsection 5, in an application for 92 5 judicial review of the board's decision concerning a 92 6 utility's energy efficiency plan or budget, the 92 7 reviewing court shall not order a stay. Whenever a 92 8 request to modify an approved plan or budget is filed 92 9 subsequently by the office of consumer advocate or a 92 10 gas or electric utility required to be rate-regulated 92 11 under this chapter, the board shall promptly initiate 92 12 a formal proceeding if the board determines that any 92 13 reasonable ground exists for investigating the 92 14 request. The formal proceeding may be initiated at 92 15 any time by the board on its own motion. 92 16 Implementation of board-approved plans or budgets 92 17 shall be considered continuous in nature and shall be 92 18 subject to investigation at any time by the board or 92 19 the office of the consumer advocate. 92 20 Sec. 162. Section 476A.1, subsection 1, Code 1997, 92 21 is amended to read as follows: 92 22 1. "Agency" means an agency as defined in section 92 2317A.2, subsection 117A.1102. 92 24 Sec. 163. Section 476A.4, subsection 3, Code 1997, 92 25 is amended to read as follows: 92 26 3. Notice of the proceeding in the form provided 92 27 in section17A.12, subsection 2,17A.4206 shall be 92 28 published in a newspaper of general circulation in 92 29 each county in which the proposed site is located once 92 30 a week for two consecutive weeks with the second 92 31 publication being at least twenty days prior to the 92 32 date of the hearing. The board shall be responsible 92 33 for publication and delivery of notices required by 92 34 this section. 92 35 Sec. 164. Section 479.29, subsection 1, Code 1997, 92 36 is amended to read as follows: 92 37 1. The board shall, pursuant to chapter 17A, adopt 92 38 rules establishing standards for the protection of 92 39 underground improvements during the construction of 92 40 pipelines, to protect soil conservation and drainage 92 41 structures from being permanently damaged by pipeline 92 42 construction and for the restoration of agricultural 92 43 lands after pipeline construction. To ensure that all 92 44 interested persons are informed of this rulemaking 92 45 procedure and are afforded a right to participate, the 92 46 board shall schedule an opportunity for oral 92 47 presentations on the proposed rulemaking, and, in 92 48 addition to the requirements ofsection 17A.4sections 92 49 17A.3103 and 17A.3104, shall distribute copies of the 92 50 notice of intended action and opportunity for oral 93 1 presentations to each county board of supervisors. 93 2 Any county board of supervisors may, under the 93 3 provisions of chapter 17A, and subsequent to the 93 4 rulemaking proceedings, petition under those 93 5 provisions for additional rulemaking to establish 93 6 standards to protect soil conservation practices, 93 7 structures and drainage structures within that county. 93 8 Upon the request of the petitioning county the board 93 9 shall schedule a hearing to consider the merits of the 93 10 petition. Rules adopted under this section shall not 93 11 apply within the boundaries of a city, unless the land 93 12 is used for agricultural purposes. 93 13 Sec. 165. Section 479A.14, subsection 1, Code 93 14 1997, is amended to read as follows: 93 15 1. The board shall adopt rules establishing 93 16 standards to protect underground improvements during 93 17 the construction of pipelines, to protect soil 93 18 conservation and drainage structures from being 93 19 permanently damaged by pipeline construction, and for 93 20 the restoration of agricultural lands after pipeline 93 21 construction. To ensure that all interested persons 93 22 are informed of this rulemaking procedure and are 93 23 afforded a right to participate, the board shall 93 24 schedule an opportunity for oral presentations on the 93 25 proposed rulemaking and, in addition to the 93 26 requirements ofsection 17A.4sections 17A.3103 and 93 27 17A.3104, shall distribute copies of the notice of 93 28 intended action and opportunity for oral presentations 93 29 to each county board of supervisors. A county board 93 30 of supervisors may, under chapter 17A and subsequent 93 31 to the rulemaking proceedings, petition for additional 93 32 rulemaking to establish standards to protect soil 93 33 conservation practices, structures, and drainage 93 34 structures within that county. Upon the request of 93 35 the petitioning county, the board shall schedule a 93 36 hearing to consider the merits of the petition. Rules 93 37 adopted under this section do not apply within the 93 38 boundaries of a city, unless the land is used for 93 39 agricultural purposes. 93 40 Sec. 166. Section 479B.20, subsection 1, Code 93 41 1997, is amended to read as follows: 93 42 1. The board, pursuant to chapter 17A, shall adopt 93 43 rules establishing standards for the protection of 93 44 underground improvements during the construction of 93 45 pipelines or underground storage facilities, to 93 46 protect soil conservation and drainage structures from 93 47 being permanently damaged by construction of the 93 48 pipeline or underground storage facility, and for the 93 49 restoration of agricultural lands after pipeline or 93 50 underground storage facility construction. To ensure 94 1 that all interested persons are informed of this 94 2 rulemaking procedure and are afforded a right to 94 3 participate, the board shall schedule an opportunity 94 4 for oral presentations on the proposed rulemaking, 94 5 and, in addition to the requirements ofsection 17A.494 6 sections 17A.3103 and 17A.3104, shall distribute 94 7 copies of the notice of intended action and 94 8 opportunity for oral presentations to each county 94 9 board of supervisors. Any county board of supervisors 94 10 may, under the provisions of chapter 17A, and 94 11 subsequent to the rulemaking proceedings, petition 94 12 under those provisions for additional rulemaking to 94 13 establish standards to protect soil conservation 94 14 practices, structures, and drainage structures within 94 15 that county. Upon the request of the petitioning 94 16 county, the board shall schedule a hearing to consider 94 17 the merits of the petition. Rules adopted under this 94 18 section shall not apply within the boundaries of a 94 19 city unless the land is used for agricultural 94 20 purposes. 94 21 Sec. 167. Section 514B.4A, subsection 2, Code 94 22 1997, is amended to read as follows: 94 23 2. Rules proposed by the commissioner for adoption 94 24 for the direct provision of health care services by a 94 25 health maintenance organization, shall be forwarded by 94 26 the commissioner to the director of public health for 94 27 review, comment, and recommendation, prior to 94 28 submission to the administrative rules coordinator 94 29 pursuant to section17A.417A.3103. 94 30 Sec. 168. Section 519A.4, subsection 1, unnumbered 94 31 paragraph 1, Code 1997, is amended to read as follows: 94 32 The association shall submit a plan of operation to 94 33 the commissioner, together with any amendments 94 34 necessary or suitable to assure the fair, reasonable, 94 35 and equitable administration of the association 94 36 consistent with sections 519A.2 to 519A.13. The plan 94 37 of operation and any amendments thereto shall become 94 38 effective only afterpromulgationadoption of the plan 94 39 or amendment by the commissioner as a rule pursuant to 94 40section 17A.4chapter 17A, article 3: Provided that 94 41 the initial plan may in the discretion of the 94 42 commissioner become effective immediately upon filing 94 43 with the secretary of state pursuant to section17A.594 44 17A.3115, subsection 2, paragraph "b", subparagraph 94 45 (1). 94 46 Sec. 169. Section 524.228, subsection 4, Code 94 47 1997, is amended to read as follows: 94 48 4. A hearing provided for in this section shall be 94 49 presided over by an administrative law judge appointed 94 50 in accordance withsection 17A.11chapter 17A, article 95 1 4. The hearing shall be private, unless the 95 2 superintendent determines after full consideration of 95 3 the views of the party afforded the hearing, that a 95 4 public hearing is necessary to protect the public 95 5 interest. After the hearing, and within thirty days 95 6 after the case has been submitted for decision, the 95 7 superintendent shall review the proposed order of the 95 8 administrative law judge and render a final decision, 95 9 including findings of fact upon which the decision is 95 10 predicated, and issue and serve upon each party to the 95 11 proceeding an order consistent with this section. 95 12 Sec. 170. Section 533.6A, subsection 4, Code 1997, 95 13 is amended to read as follows: 95 14 4. A hearing provided for in this section shall be 95 15 presided over by an administrative law judge appointed 95 16 in accordance withsection 17A.11chapter 17A, article 95 17 4. The hearing shall be private, unless the 95 18 superintendent determines after full consideration of 95 19 the views of the party afforded the hearing, that a 95 20 public hearing is necessary to protect the public 95 21 interest. After the hearing, and within thirty days 95 22 after the case has been submitted for decision, the 95 23 superintendent shall review the proposed order of the 95 24 administrative law judge and render a final decision, 95 25 including findings of fact upon which the decision is 95 26 predicated, and issue and serve upon each party to the 95 27 proceeding an order consistent with this section. 95 28 Sec. 171. Section 534.405, unnumbered paragraph 7, 95 29 Code 1997, is amended to read as follows: 95 30 Actions taken by the superintendent under this 95 31 section are not subject to section17A.18, subsection95 32317A.4105. 95 33 Sec. 172. Section 535B.7, subsection 2, unnumbered 95 34 paragraph 1, Code 1997, is amended to read as follows: 95 35 The administrator may order an emergency suspension 95 36 of a licensee's license pursuant to section17A.18,95 37subsection 317A.4501. A written order containing the 95 38 facts or conduct which warrants the emergency action 95 39 shall be timely sent to the licensee by restricted 95 40 certified mail. Upon issuance of the suspension 95 41 order, the licensee must also be notified of the right 95 42 to an evidentiary hearing. A suspension proceeding 95 43 shall be promptly instituted and determined. 95 44 Sec. 173. Section 542B.27, subsection 6, Code 95 45 1997, is amended to read as follows: 95 46 6. A person aggrieved by the imposition of a civil 95 47 penalty under this section may seek judicial review in 95 48 accordance withsection 17A.19chapter 17A, article 5. 95 49 Sec. 174. Section 544A.15, subsection 3, paragraph 95 50 f, Code 1997, is amended to read as follows 96 1 f. A person aggrieved by the imposition of a civil 96 2 penalty under this subsection may seek judicial review 96 3 in accordance withsection 17A.19chapter 17A, article 96 4 5. 96 5 Sec. 175. Section 904.602, subsection 9, 96 6 unnumbered paragraph 2, Code 1997, is amended to read 96 7 as follows: 96 8 These records are exempt from the public inspection 96 9 requirements insection 17A.3sections 17A.2101, 96 10 17A.2102, andsection22.2. 96 11 Sec. 176. Section 906.3, Code 1997, is amended to 96 12 read as follows: 96 13 906.3 DUTIES OF PAROLE BOARD. 96 14 The board of parole shall adopt rules regarding a 96 15 system of paroles from correctional institutions, and 96 16 shall direct, control, and supervise the 96 17 administration of the system of paroles. The board of 96 18 parole shall consult with the director of the 96 19 department of corrections on rules regarding a system 96 20 of work release and shall assist in the direction, 96 21 control, and supervision of the work release system. 96 22 The board shall determine which of those persons who 96 23 have been committed to the custody of the director of 96 24 the Iowa department of corrections, by reason of their 96 25 conviction of a public offense, shall be released on 96 26 parole or work release. The grant or denial of parole 96 27 or work release is nota contested casean 96 28 adjudicative proceeding as defined in section17A.296 29 17A.1102. 96 30 Sec. 171. 96 31 1. Sections 17A.1 through 17A.33, Code 1997, are 96 32 repealed. 96 33 2. Sections 10A.201 and 10A.202, Code 1997, are 96 34 repealed. 96 35 Sec. 177. EFFECTIVE DATE. This Act takes effect 96 36 July 1, 1998." 96 37 96 38 96 39 96 40 MILLAGE of Scott 96 41 HF 667.302 77 96 42 ec/cf/28
Text: H01681 Text: H01683 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Apr 11 03:43:18 CDT 1997
URL: /DOCS/GA/77GA/Legislation/H/01600/H01682/970410.html
jhf