Text: S05555 Text: S05557 Text: S05500 - S05599 Text: S 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 5. 1 4 #2. Page 1, line 13, by striking the words "the 1 5 chief administrative law judge,". 1 6 #3. Page 1, by striking lines 29 through 32 and 1 7 inserting the following: 1 8 "1.Appeals and fairAdministrative hearings 1 9 division. 1 10 2. Audits division. 1 11 3. Investigations division. 1 12 4. Inspections division." 1 13 #4. Page 2, line 2, by striking the word "office" 1 14 and inserting the following: "division". 1 15 #5. Page 2, line 5, by striking the word "OFFICE" 1 16 and inserting the following: "DIVISION". 1 17 #6. Page 2, by striking lines 7 through 12 and 1 18 inserting the following: 1 19 "1. DEFINITIONS. For purposes of this section, 1 20 unless the context otherwise requires: 1 21 a. "Administrator" means the chief administrative 1 22 law judge who shall coordinate the administration of 1 23 the division. 1 24 b. "Division" means the administrative hearings 1 25 division of the department of inspections and appeals. 1 26 2. The administrator shall coordinate the 1 27 division's conduct of appeals and administrative 1 28 hearings as otherwise provided by law." 1 29 #7. Page 2, by striking line 13 and inserting the 1 30 following: 1 31 "3. a. The administrator shall employ a". 1 32 #8. Page 2, line 17, by striking the word "office" 1 33 and inserting the following: "division". 1 34 #9. Page 2, line 18, by striking the word "office" 1 35 and inserting the following: "division". 1 36 #10. Page 2, line 21, by striking the word 1 37 "entirely". 1 38 #11. Page 2, by striking lines 25 through 28 and 1 39 inserting the following: 1 40 "b. The division shall facilitate, insofar as". 1 41 #12. Page 2, line 35, by striking the word 1 42 "office" and inserting the following: "division". 1 43 #13. Page 3, by striking lines 2 through 7 and 1 44 inserting the following: "contested cases only if the 1 45 administrative law judge possesses the technical 1 46 expertness specified by agency rule. The division may 1 47 charge the applicable agency for the costs of any 1 48 training required by the division's administrative law 1 49 judges to acquire or maintain the technical expertise 1 50 specified by agency rule." 2 1 #14. Page 3, line 8, by striking the figure "3" 2 2 and inserting the following: "4". 2 3 #15. Page 3, line 8, by striking the word "office" 2 4 and inserting the following: "division". 2 5 #16. Page 3, lines 9 and 10, by striking the words 2 6 "chief administrative law judge" and inserting the 2 7 following: "administrator". 2 8 #17. Page 3, line 15, by striking the word 2 9 "office" and inserting the following: "division". 2 10 #18. Page 3, line 16, by striking the figure "4" 2 11 and inserting the following: "5". 2 12 #19. Page 3, line 16, by striking the word 2 13 "office" and inserting the following: "division". 2 14 #20. Page 3, line 19, by striking the figure "5" 2 15 and inserting the following: "6". 2 16 #21. Page 3, line 20, by striking the word 2 17 "office" and inserting the following: "division". 2 18 #22. Page 3, line 23, by striking the figure "6" 2 19 and inserting the following: "7". 2 20 #23. Page 3, line 23, by striking the word 2 21 "office" and inserting the following: "division". 2 22 #24. Page 3, by striking lines 25 through 31. 2 23 #25. Page 3, line 32, by striking the letter "b" 2 24 and inserting the following: "a". 2 25 #26. Page 3, line 33, by striking the words "chief 2 26 administrative law judge" and inserting the following: 2 27 "administrator". 2 28 #27. Page 3, line 34, by striking the word 2 29 "office" and inserting the following: "division". 2 30 #28. Page 3, line 35, by striking the letter "c" 2 31 and inserting the following: "b". 2 32 #29. Page 4, line 2, by striking the word "office" 2 33 and inserting the following: "division". 2 34 #30. Page 4, line 12, by striking the letter "d" 2 35 and inserting the following: "c". 2 36 #31. Page 4, lines 13 and 14, by striking the 2 37 words "by the office of" and inserting the following: 2 38 "for the". 2 39 #32. Page 4, line 14, by striking the word 2 40 "office" and inserting the following: "division". 2 41 #33. Page 4, line 17, by striking the word 2 42 "office" and inserting the following: "division". 2 43 #34. Page 4, line 22, by striking the words 2 44 "office shall" and inserting the following: "division 2 45 shall". 2 46 #35. Page 4, line 22, by striking the words "the 2 47 office" and inserting the following: "the division". 2 48 #36. Page 4, line 23, by striking the letter "e" 2 49 and inserting the following: "d". 2 50 #37. Page 5, line 11, by striking the letter "f" 3 1 and inserting the following: "e". 3 2 #38. Page 5, line 12, by striking the word 3 3 "office" and inserting the following: "division". 3 4 #39. Page 5, line 14, by striking the figure "7" 3 5 and inserting the following: "8". 3 6 #40. Page 5, line 14, by striking the word 3 7 "office" and inserting the following: "division". 3 8 #41. Page 5, line 17, by striking the word 3 9 "office" and inserting the following: "division". 3 10 #42. Page 5, line 21, by striking the figure "8" 3 11 and inserting the following: "9". 3 12 #43. Page 5, line 21, by striking the word 3 13 "office" and inserting the following: "division". 3 14 #44. Page 5, line 24, by striking the figure "9" 3 15 and inserting the following: "10". 3 16 #45. Page 5, line 25, by striking the word 3 17 "office" and inserting the following: "division". 3 18 #46. Page 11, by striking lines 25 through 31 and 3 19 inserting the following: 3 20 "2. Any interested person, association, agency, or 3 21 political subdivision may submit a written request to 3 22 the administrative rules coordinator for an agency to 3 23 conduct a formal review of a specified rule of that 3 24 agency to determine whether the rule should be 3 25 repealed or amended or a new rule adopted instead. 3 26 The administrative rules coordinator shall determine 3 27 whether the request is reasonable and does not place 3 28 an unreasonable burden upon the agency." 3 29 #47. Page 11, by striking line 34 and inserting 3 30 the following: "filing of the written request, and 3 31 upon a determination by the administrative rules 3 32 coordinator that the request is reasonable and does 3 33 not place an unreasonable burden upon the agency, the 3 34 agency". 3 35 #48. Page 15, line 20, by striking the words 3 36 "head, either the agency head" and inserting the 3 37 following: ", either the agency". 3 38 #49. Page 15, line 21, by striking the words "the 3 39 agency head" and inserting the following: "a 3 40 multimember agency". 3 41 #50. Page 15, line 22, by striking the word 3 42 "office" and inserting the following: "division". 3 43 #51. Page 15, line 23, by inserting after the 3 44 figure "10A.801." the following: "However, a party 3 45 may, within a time period specified by rule, request 3 46 that the presiding officer be an administrative law 3 47 judge assigned by the division of administrative 3 48 hearings. Except as otherwise provided by statute, 3 49 the agency shall grant a request by a party for an 3 50 administrative law judge unless the agency finds, and 4 1 states reasons for the finding, that any of the 4 2 following conditions exist: 4 3 (1) There is a compelling need to expedite 4 4 issuance of a final decision in order to protect the 4 5 public health, safety, or welfare. 4 6 (2) A qualified administrative law judge is 4 7 unavailable to hear the case within a reasonable time. 4 8 (3) The case involves significant policy issues of 4 9 first impression that are inextricably intertwined 4 10 with the factual issues presented. 4 11 (4) The demeanor of the witnesses is likely to be 4 12 dispositive in resolving the disputed factual issues. 4 13 (5) Funds are unavailable to pay the costs of an 4 14 administrative law judge and an intra-agency appeal. 4 15 (6) The request was not timely filed. 4 16 (7) There is other identified good cause, as 4 17 specified by rule, for denying the request." 4 18 #52. Page 15, line 28, by striking the words 4 19 "head, either the agency head" and inserting the 4 20 following: ", either the agency". 4 21 #53. Page 15, line 29, by striking the words "the 4 22 agency head" and inserting the following: "a 4 23 multimember agency". 4 24 #54. Page 15, line 30, by striking the word 4 25 "office" and inserting the following: "division". 4 26 #55. Page 15, line 32, by striking the word 4 27 "head". 4 28 #56. Page 15, line 34, by striking the word 4 29 "head". 4 30 #57. Page 16, line 3, by striking the word 4 31 "office" and inserting the following: "division". 4 32 #58. By striking page 16, line 33, through page 4 33 17, line 31, and inserting the following: 4 34 "3. If a party fails to appear or participate in a 4 35 contested case proceeding, the presiding officer may, 4 36 if no adjournment is granted, proceed with the hearing 4 37 and make a decision in the absence of the party. The 4 38 parties shall be duly notified of the decision, 4 39 together with the presiding officer's reasons for the 4 40 decision, which is the final decision of the agency, 4 41 unless within fifteen days after the date of 4 42 notification or mailing of the decision, further 4 43 appeal is initiated. If a decision is rendered 4 44 against a party who failed to appear for the hearing 4 45 and the presiding officer is requested by that party 4 46 to vacate the decision for good cause within fifteen 4 47 days after the date of notification or mailing of the 4 48 decision, the time for initiating a further appeal is 4 49 stayed pending a determination by the presiding 4 50 officer to grant or deny the request. If adequate 5 1 reasons are provided showing good cause for the 5 2 party's failure to appear, the presiding officer shall 5 3 vacate the decision and, after proper service of 5 4 notice, conduct another evidentiary hearing. If 5 5 adequate reasons are not provided showing good cause 5 6 for the party's failure to appear, the presiding 5 7 officer shall not vacate the decision and the decision 5 8 shall then become the final decision of the agency, 5 9 unless within fifteen days after the date of 5 10 notification or mailing of the determination not to 5 11 vacate, further appeal is initiated." 5 12 #59. Page 18, by striking lines 6 through 8 and 5 13 inserting the following: "why the relevant evidence 5 14 in the record supports each material finding of fact. 5 15 If, in accordance with agency". 5 16 #60. Page 26, by striking lines 18 through 21 and 5 17 inserting the following: "and the agency's 5 18 explanation of why the relevant evidence in the record 5 19 supports its material findings of fact." 5 20 #61. Page 28, by inserting after line 11 the 5 21 following: 5 22 "Sec. ___. Section 17A.23, Code 1997, is amended 5 23 by adding the following new unnumbered paragraph: 5 24 NEW UNNUMBERED PARAGRAPH. An agency shall have 5 25 only that authority or discretion delegated to or 5 26 conferred upon the agency by law and shall not expand 5 27 or enlarge its authority or discretion beyond the 5 28 powers delegated to or conferred upon the agency." 5 29 #62. Page 28, line 34, by striking the word 5 30 "office" and inserting the following: "division". 5 31 #63. Page 32, line 14, by striking the word 5 32 "office" and inserting the following: "division". 5 33 #64. By renumbering as necessary. 5 34 5 35 5 36 5 37 MARY NEUHAUSER 5 38 HF 667.307 77 5 39 ec/cf/28
Text: S05555 Text: S05557 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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