Text: S05292                            Text: S05294
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5293

Amendment Text

PAG LIN
  1  1    Amend House File 667 as follows:
  1  2    #1.  Page 15, line 16, by inserting before the word
  1  3 "If" the following:
  1  4    "The presiding officer in evidentiary hearings
  1  5 required to be conducted by an agency according to the
  1  6 provisions of this chapter governing contested cases
  1  7 shall, except as otherwise provided by law or pursuant
  1  8 to paragraph "b", be one or more administrative law
  1  9 judges assigned by the office of administrative
  1 10 hearings in accordance with section 10A.801.
  1 11    b.  If an administrative law judge with the
  1 12 requisite expertness as to the contested case is not
  1 13 available and each real party in interest to the
  1 14 contested case agrees to permit the appropriate agency
  1 15 head to designate the presiding officer, the presiding
  1 16 officer shall be determined as follows:
  1 17    (1)".
  1 18    #2.  Page 15, line 20, by striking the words "head,
  1 19 one" and inserting the following:  "head or one".
  1 20    #3.  Page 15, by striking lines 21 through 23 and
  1 21 inserting the following:  "of the agency head."
  1 22    #4.  Page 15, line 24, by striking the word "b."
  1 23 and inserting the following:  "(2)".
  1 24    #5.  Page 15, by striking lines 29 through 31 and
  1 25 inserting the following:  "of the agency head, or any
  1 26 other qualified person".
  1 27    #6.  Page 28, by inserting after line 11 the
  1 28 following:
  1 29    "Sec. ___.  Section 17A.23, Code 1997, is amended
  1 30 by adding the following new unnumbered paragraph:
  1 31    NEW UNNUMBERED PARAGRAPH.  An agency shall have
  1 32 only that authority or discretion delegated to or
  1 33 conferred upon the agency by law and shall not expand
  1 34 or enlarge its authority or discretion beyond the
  1 35 powers delegated to or conferred upon the agency."
  1 36    #7.  Page 29, by inserting after line 15 the
  1 37 following:
  1 38    "Sec. ___.  Section 96.6, subsection 3, unnumbered
  1 39 paragraph 1, Code 1997, is amended to read as follows:
  1 40    Unless the appeal is withdrawn, an administrative
  1 41 law judge, after affording the parties reasonable
  1 42 opportunity for fair hearing, shall affirm or modify
  1 43 the findings of fact and decision of the
  1 44 representative.  The hearing shall be conducted
  1 45 pursuant to the provisions of chapter 17A relating to
  1 46 hearings for contested cases.  Before the hearing is
  1 47 scheduled, the parties shall be afforded the
  1 48 opportunity to choose either a telephone hearing or an
  1 49 in-person hearing.  A request for an in-person hearing
  1 50 shall be approved unless the in-person hearing would
  2  1 be impractical because of the distance between the
  2  2 parties to the hearing.  A telephone or in-person
  2  3 hearing shall not be scheduled before the seventh
  2  4 calendar day after the parties receive notice of the
  2  5 hearing.  Reasonable requests for the postponement of
  2  6 a hearing shall be granted.  If no postponement of a
  2  7 hearing is granted and a party fails to appear for a
  2  8 hearing after proper service of notice, the
  2  9 administrative law judge may, notwithstanding any
  2 10 provision of section 17A.12, subsection 3, to the
  2 11 contrary, proceed with the hearing and make a decision
  2 12 in the absence of the party.  The parties shall be
  2 13 duly notified of the administrative law judge's
  2 14 decision, together with the administrative law judge's
  2 15 reasons for the decision, which is the final decision
  2 16 of the department, unless within fifteen days after
  2 17 the date of notification or mailing of the decision,
  2 18 further appeal is initiated pursuant to this section.
  2 19 If a decision is rendered against a party who failed
  2 20 to appear for the hearing and the administrative law
  2 21 judge is requested by that party to vacate the
  2 22 decision for good cause within fifteen days after the
  2 23 date of notification or mailing of the decision, the
  2 24 time for initiating a further appeal pursuant to this
  2 25 section is stayed pending a determination by the
  2 26 administrative law judge to grant or deny the request.
  2 27 If adequate reasons are provided showing good cause
  2 28 for the party's failure to appear, the administrative
  2 29 law judge shall vacate the decision and, after proper
  2 30 service of notice, conduct another evidentiary
  2 31 hearing.  If adequate reasons are not provided showing
  2 32 good cause for the party's failure to appear, the
  2 33 administrative law judge shall not vacate the decision
  2 34 and the decision shall then become the final decision
  2 35 of the department, unless within fifteen days after
  2 36 the date of notification or mailing of the
  2 37 determination not to vacate, further appeal is
  2 38 initiated pursuant to this section."
  2 39    #8.  By renumbering, relettering, or redesignating
  2 40 and correcting internal references as necessary.  
  2 41 
  2 42 
  2 43                               
  2 44 COMMITTEE ON JUDICIARY
  2 45 ANDY McKEAN, Chairperson
  2 46 HF 667.506 77
  2 47 ec/jw/28
     

Text: S05292                            Text: S05294
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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