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