Text: S05292 Text: S05294 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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96.6, subsection 3, unnumbered 1 39 paragraph 1, Code 1997, is amended to read as follows: 1 40 Unless the appeal is withdrawn, an administrative 1 41 law judge, after affording the parties reasonable 1 42 opportunity for fair hearing, shall affirm or modify 1 43 the findings of fact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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