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Text: S03171                            Text: S03173
Text: S03100 - S03199                   Text: S Index
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Senate Amendment 3172

Amendment Text

PAG LIN
  1  1    Amend Senate File 395 as follows:
  1  2    #1.  Page 1, by inserting after line 11 the
  1  3 following:
  1  4    "Sec.    .  Section 96.6, subsection 4, Code 1997,
  1  5 is amended to read as follows:
  1  6    4.  EFFECT OF DETERMINATION.  A finding of fact or
  1  7 law, judgment, conclusion, or final order made
  1  8 pursuant to this section by an employee or
  1  9 representative of the department, administrative law
  1 10 judge, or the employment appeal board, is binding,
  1 11 except as provided in subsection 5, only upon the
  1 12 parties to proceedings brought under this chapter, and
  1 13 is not binding upon any other proceedings or action
  1 14 involving the same facts brought by the same or
  1 15 related parties before the division of labor services,
  1 16 division of industrial services, other state agency,
  1 17 arbitrator, court, or judge of this state or the
  1 18 United States.
  1 19    Sec.    .  Section 96.6, Code 1997, is amended by
  1 20 adding the following new subsection:
  1 21    NEW SUBSECTION.  5.  WAIVER.  The director shall
  1 22 establish a procedure for an individual to petition
  1 23 the director for a waiver of a requirement of this
  1 24 chapter that resulted in a denial of benefits to the
  1 25 individual if the individual can establish good cause
  1 26 for the waiver.  An individual shall not be required
  1 27 to seek a waiver pursuant to this subsection for
  1 28 purposes of seeking judicial review of agency action.
  1 29 If a waiver is granted by the director, the decision
  1 30 granting a waiver is final agency action and an appeal
  1 31 of the decision shall be made directly to the district
  1 32 court."
  1 33    #2. Title page, line 2, by striking the words "the
  1 34 offsetting of".
  1 35    #3.  By renumbering as necessary.  
  1 36 
  1 37 
  1 38                               
  1 39 JIM LIND
  1 40 SF 395.302 77
  1 41 ec/cf/28
     

Text: S03171                            Text: S03173
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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