Text: H08996                            Text: H08998
Text: H08900 - H08999                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8997

Amendment Text

PAG LIN
  1  1    Amend House File 667, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by striking lines 1 through 19.
  1  4    #2.  Page 1, by striking lines 29 through 32 and
  1  5 inserting the following:
  1  6    "1.  Appeals and fair Administrative hearings
  1  7 division.
  1  8    2.  Audits division.
  1  9    3.  Investigations division.
  1 10    4.  Inspections division."
  1 11    #3.  Page 2, line 2, by striking the word "office"
  1 12 and inserting the following:  "division".
  1 13    #4.  Page 2, line 5, by striking the word "OFFICE"
  1 14 and inserting the following:  "DIVISION".
  1 15    #5.  Page 2, by striking lines 7 through 12 and
  1 16 inserting the following:
  1 17    "1.  DEFINITIONS.  For purposes of this section,
  1 18 unless the context otherwise requires:
  1 19    a.  "Administrator" means the chief administrative
  1 20 law judge who shall coordinate the administration of
  1 21 the division.
  1 22    b.  "Division" means the administrative hearings
  1 23 division of the department of inspections and appeals.
  1 24    2.  The administrator shall coordinate the
  1 25 division's conduct of appeals and administrative
  1 26 hearings as otherwise provided by law."
  1 27    #6.  Page 2, by striking line 13 and inserting the
  1 28 following:
  1 29    "3.  a.  The department shall employ a".
  1 30    #7.  Page 2, line 17, by striking the word "office"
  1 31 and inserting the following:  "division".
  1 32    #8.  Page 2, line 18, by striking the word "office"
  1 33 and inserting the following:  "division".
  1 34    #9.  Page 2, line 21, by striking the word
  1 35 "entirely".
  1 36    #10.  Page 2, by striking lines 25 through 28 and
  1 37 inserting the following:
  1 38    "b.  The division shall facilitate, insofar as".
  1 39    #11.  Page 2, line 35, by striking the word
  1 40 "office" and inserting the following:  "division".
  1 41    #12.  Page 3, by striking lines 2 through 7 and
  1 42 inserting the following:  "contested cases only if the
  1 43 administrative law judge possesses the technical
  1 44 expertness specified by agency rule.  The division may
  1 45 charge the applicable agency for the costs of any
  1 46 training required by the division's administrative law
  1 47 judges to acquire or maintain the technical expertise
  1 48 specified by agency rule."
  1 49    #13.  Page 3, line 8, by striking the figure "3"
  1 50 and inserting the following:  "4".
  2  1    #14.  Page 3, line 8, by striking the word "office"
  2  2 and inserting the following:  "division".
  2  3    #15.  Page 3, lines 9 and 10, by striking the words
  2  4 "chief administrative law judge" and inserting the
  2  5 following:  "administrator".
  2  6    #16.  Page 3, line 15, by striking the word
  2  7 "office" and inserting the following:  "division".
  2  8    #17.  Page 3, line 16, by striking the figure "4"
  2  9 and inserting the following:  "5".
  2 10    #18.  Page 3, line 16, by striking the word
  2 11 "office" and inserting the following:  "division".
  2 12    #19.  Page 3, line 19, by striking the figure "5"
  2 13 and inserting the following:  "6".
  2 14    #20.  Page 3, line 20, by striking the word
  2 15 "office" and inserting the following:  "division".
  2 16    #21.  Page 3, line 23, by striking the figure "6"
  2 17 and inserting the following:  "7".
  2 18    #22.  Page 3, line 23, by striking the word
  2 19 "office" and inserting the following:  "division".
  2 20    #23.  Page 3, by striking lines 25 through 31.
  2 21    #24.  Page 3, line 32, by striking the letter "b"
  2 22 and inserting the following:  "a".
  2 23    #25.  Page 3, line 33, by striking the words "chief
  2 24 administrative law judge" and inserting the following:
  2 25 "administrator".
  2 26    #26.  Page 3, line 34, by striking the word
  2 27 "office" and inserting the following:  "division".
  2 28    #27.  Page 3, line 35, by striking the letter "c"
  2 29 and inserting the following:  "b".
  2 30    #28.  Page 4, line 2, by striking the word "office"
  2 31 and inserting the following:  "division".
  2 32    #29.  Page 4, line 12, by striking the letter "d"
  2 33 and inserting the following:  "c".
  2 34    #30.  Page 4, lines 13 and 14, by striking the
  2 35 words "by the office of" and inserting the following:
  2 36 "for the".
  2 37    #31.  Page 4, line 14, by striking the word
  2 38 "office" and inserting the following:  "division".
  2 39    #32.  Page 4, line 17, by striking the word
  2 40 "office" and inserting the following:  "division".
  2 41    #33.  Page 4, line 22, by striking the words
  2 42 "office shall" and inserting the following:  "division
  2 43 shall".
  2 44    #34.  Page 4, line 22, by striking the words "the
  2 45 office" and inserting the following:  "the division".
  2 46    #35.  Page 4, line 23, by striking the letter "e"
  2 47 and inserting the following:  "d".
  2 48    #36.  Page 5, line 11, by striking the letter "f"
  2 49 and inserting the following:  "e".
  2 50    #37.  Page 5, line 12, by striking the word
  3  1 "office" and inserting the following:  "division".
  3  2    #38.  Page 5, line 14, by striking the figure "7"
  3  3 and inserting the following:  "8".
  3  4    #39.  Page 5, line 14, by striking the word
  3  5 "office" and inserting the following:  "division".
  3  6    #40.  Page 5, line 17, by striking the word
  3  7 "office" and inserting the following:  "division".
  3  8    #41.  Page 5, line 21, by striking the figure "8"
  3  9 and inserting the following:  "9".
  3 10    #42.  Page 5, line 21, by striking the word
  3 11 "office" and inserting the following:  "division".
  3 12    #43.  Page 5, line 24, by striking the figure "9"
  3 13 and inserting the following:  "10".
  3 14    #44.  Page 5, line 25, by striking the word
  3 15 "office" and inserting the following:  "division".
  3 16    #45.  Page 11, by striking lines 25 through 31 and
  3 17 inserting the following:
  3 18    "2.  Any interested person, association, agency, or
  3 19 political subdivision may submit a written request to
  3 20 the administrative rules coordinator for an agency to
  3 21 conduct a formal review of a specified rule of that
  3 22 agency to determine whether the rule should be
  3 23 repealed or amended or a new rule adopted instead.
  3 24 The administrative rules coordinator shall determine
  3 25 whether the request is reasonable and does not place
  3 26 an unreasonable burden upon the agency."
  3 27    #46.  Page 11, by striking line 34 and inserting
  3 28 the following:  "filing of the written request, and
  3 29 upon a determination by the administrative rules
  3 30 coordinator that the request is reasonable and does
  3 31 not place an unreasonable burden upon the agency, the
  3 32 agency".
  3 33    #47.  Page 15, line 20, by striking the words
  3 34 "head, either the agency head" and inserting the
  3 35 following:  ", either the agency".
  3 36    #48.  Page 15, line 21, by striking the words "the
  3 37 agency head" and inserting the following:  "a
  3 38 multimember agency".
  3 39    #49.  Page 15, line 22, by striking the word
  3 40 "office" and inserting the following:  "division".
  3 41    #50.  Page 15, line 23, by inserting after the
  3 42 figure "10A.801." the following:  "However, a party
  3 43 may, within a time period specified by rule, request
  3 44 that the presiding officer be an administrative law
  3 45 judge assigned by the division of administrative
  3 46 hearings.  Except as otherwise provided by statute,
  3 47 the agency shall grant a request by a party for an
  3 48 administrative law judge unless the agency finds, and
  3 49 states reasons for the finding, that any of the
  3 50 following conditions exist:
  4  1    (1)  There is a compelling need to expedite
  4  2 issuance of a final decision in order to protect the
  4  3 public health, safety, or welfare.
  4  4    (2)  A qualified administrative law judge is
  4  5 unavailable to hear the case within a reasonable time.
  4  6    (3)  The case involves significant policy issues of
  4  7 first impression that are inextricably intertwined
  4  8 with the factual issues presented.
  4  9    (4)  The demeanor of the witnesses is likely to be
  4 10 dispositive in resolving the disputed factual issues.
  4 11    (5)  Funds are unavailable to pay the costs of an
  4 12 administrative law judge and an intra-agency appeal.
  4 13    (6)  The request was not timely filed.
  4 14    (7)  There is other identified good cause, as
  4 15 specified by rule, for denying the request."
  4 16    #51.  Page 15, line 28, by striking the words
  4 17 "head, either the agency head" and inserting the
  4 18 following:  ", either the agency".
  4 19    #52.  Page 15, line 29, by striking the words "the
  4 20 agency head" and inserting the following:  "a
  4 21 multimember agency".
  4 22    #53.  Page 15, line 30, by striking the word
  4 23 "office" and inserting the following:  "division".
  4 24    #54.  Page 15, line 32, by striking the word
  4 25 "head".
  4 26    #55.  Page 15, line 34, by striking the word
  4 27 "head".
  4 28    #56.  Page 16, line 3, by striking the word
  4 29 "office" and inserting the following:  "division".
  4 30    #57.  By striking page 16, line 33, through page
  4 31 17, line 31, and inserting the following:
  4 32    "3.  If a party fails to appear or participate in a
  4 33 contested case proceeding, the presiding officer may,
  4 34 if no adjournment is granted, proceed with the hearing
  4 35 and make a decision in the absence of the party.  The
  4 36 parties shall be duly notified of the decision,
  4 37 together with the presiding officer's reasons for the
  4 38 decision, which is the final decision of the agency,
  4 39 unless within fifteen days after the date of
  4 40 notification or mailing of the decision, further
  4 41 appeal is initiated.  If a decision is rendered
  4 42 against a party who failed to appear for the hearing
  4 43 and the presiding officer is requested by that party
  4 44 to vacate the decision for good cause within fifteen
  4 45 days after the date of notification or mailing of the
  4 46 decision, the time for initiating a further appeal is
  4 47 stayed pending a determination by the presiding
  4 48 officer to grant or deny the request.  If adequate
  4 49 reasons are provided showing good cause for the
  4 50 party's failure to appear, the presiding officer shall
  5  1 vacate the decision and, after proper service of
  5  2 notice, conduct another evidentiary hearing.  If
  5  3 adequate reasons are not provided showing good cause
  5  4 for the party's failure to appear, the presiding
  5  5 officer shall not vacate the decision and the decision
  5  6 shall then become the final decision of the agency,
  5  7 unless within fifteen days after the date of
  5  8 notification or mailing of the determination not to
  5  9 vacate, further appeal is initiated."
  5 10    #58.  Page 17, by inserting before line 32 the
  5 11 following:
  5 12    "Sec. ___.  Section 17A.15, subsection 3, Code
  5 13 1997, is amended to read as follows:
  5 14    3.  When the presiding officer makes a proposed
  5 15 decision, that decision then becomes the final
  5 16 decision of the agency without further proceedings
  5 17 unless there is an appeal to, or review on motion of,
  5 18 the agency within the time provided by rule.  On
  5 19 appeal from or review of the proposed decision, the
  5 20 agency has all the power which it would have in
  5 21 initially making the final decision except as it may
  5 22 limit the issues on notice to the parties or by rule.
  5 23 The agency may reverse or modify any finding of fact
  5 24 or conclusion of law if a preponderance of the
  5 25 evidence will support a determination to reverse or
  5 26 modify such a finding or conclusion.  In cases where
  5 27 there is an appeal from a proposed decision or where a
  5 28 proposed decision is reviewed on motion of the agency,
  5 29 an opportunity shall be afforded to each party to file
  5 30 exceptions, present briefs and, with the consent of
  5 31 the agency, present oral arguments to the agency
  5 32 members who are to render the final decision."
  5 33    #59.  Page 18, by striking lines 6 through 8 and
  5 34 inserting the following:  "why the relevant evidence
  5 35 in the record supports each material finding of fact.
  5 36 If, in accordance with agency".
  5 37    #60.  Page 26, by striking lines 18 through 21 and
  5 38 inserting the following:  "and the agency's
  5 39 explanation of why the relevant evidence in the record
  5 40 supports its material findings of fact."
  5 41    #61.  Page 28, by inserting after line 11 the
  5 42 following:
  5 43    "Sec. ___.  Section 17A.23, Code 1997, is amended
  5 44 by adding the following new unnumbered paragraph:
  5 45    NEW UNNUMBERED PARAGRAPH.  An agency shall have
  5 46 only that authority or discretion delegated to or
  5 47 conferred upon the agency by law and shall not expand
  5 48 or enlarge its authority or discretion beyond the
  5 49 powers delegated to or conferred upon the agency."
  5 50    #62.  Page 28, line 34, by striking the word
  6  1 "office" and inserting the following:  "division".
  6  2    #63.  Page 32, line 14, by striking the word
  6  3 "office" and inserting the following:  "division".
  6  4    #64.  By renumbering as necessary.  
  6  5 HF 667S
  6  6 ec/cc/26
     

Text: H08996                            Text: H08998
Text: H08900 - H08999                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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