Text: SF02305 Text: SF02307 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 10A.202, Code 1997, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 10A.202 RESPONSIBILITIES. 1 5 1. The administrator shall have the duty to assign an 1 6 administrative law judge to conduct a contested case hearing 1 7 and issue a final decision on all contested case hearings 1 8 pursuant to section 17A.11, except as provided by this 1 9 section. 1 10 2. The administrator shall not have the duty to assign an 1 11 administrative law judge for a contested case hearing for any 1 12 of the following: 1 13 a. Contested case hearings of the department of 1 14 corrections pursuant to chapter 903A. 1 15 b. Contested case hearings of the board of parole pursuant 1 16 to chapter 904A. 1 17 c. Contested case hearings of the industrial commissioner 1 18 of the department of workforce development under chapter 86. 1 19 d. Contested case hearings of the public employment 1 20 relations board under chapter 20. 1 21 e. Contested case hearings of the employment appeal board 1 22 under section 10A.601. 1 23 f. Contested case hearings of the utilities division of 1 24 the department of commerce under chapter 474. 1 25 g. Contested case hearings of professional and 1 26 occupational discipline matters under chapters 147, 542B, 1 27 542C, 543B, 544A, and 544B. 1 28 h. Contested case hearings of the state racing and gaming 1 29 commission under chapter 99D. 1 30 Sec. 2. Section 17A.11, Code 1997, is amended by striking 1 31 the section and inserting in lieu thereof the following: 1 32 17A.11 ADMINISTRATIVE LAW JUDGES. 1 33 1. The presiding officer in evidentiary hearings required 1 34 to be conducted by an agency according to the provisions of 1 35 this chapter governing contested cases shall, except as 2 1 otherwise provided by section 10A.202 or 17A.15, be an 2 2 administrative law judge appointed by the department of 2 3 inspections and appeals. The department of inspections and 2 4 appeals shall assign administrative law judges to cases in 2 5 rotation unless it is not feasible. Administrative law judges 2 6 shall not perform duties inconsistent with their duties and 2 7 responsibilities as administrative law judges. 2 8 2. Administrative law judges are covered by the merit 2 9 system of personnel administration in chapter 19A. The 2 10 department of personnel or other appropriate agency specified 2 11 in section 19A.3 shall, insofar as practicable, provide for 2 12 different classes of administrative law judges with different 2 13 salary scales. 2 14 Sec. 3. Section 17A.12, Code 1997, is amended by adding 2 15 the following new subsection: 2 16 NEW SUBSECTION. 10. Unless otherwise provided by statute, 2 17 the burden of proof in a contested case proceeding shall be by 2 18 clear and convincing evidence. 2 19 Sec. 4. Section 17A.15, Code 1997, is amended by striking 2 20 the section and inserting in lieu thereof the following: 2 21 17A.15 FINAL DECISIONS. 2 22 1. In a contested case, the administrative law judge 2 23 assigned by the department of inspections and appeals shall 2 24 make a final decision, except as provided by this section. 2 25 2. An administrative law judge shall not be required to 2 26 make a final decision concerning any of the following: 2 27 a. Final decisions of the department of corrections 2 28 pursuant to chapter 903A. 2 29 b. Final decisions of the board of parole pursuant to 2 30 chapter 904A. 2 31 c. Final decisions of the industrial commissioner of the 2 32 department of workforce development under chapter 86. 2 33 d. Final decisions of the public employment relations 2 34 board under chapter 20. 2 35 e. Final decisions of the employment appeal board under 3 1 section 10A.601. 3 2 f. Final decisions of the utilities division of the 3 3 department of commerce under chapter 474. 3 4 g. Final decisions of professional and occupational 3 5 discipline matters under chapters 147, 542B, 542C, 543B, 544A, 3 6 and 544B. 3 7 h. Final decisions of the state racing and gaming 3 8 commission under chapter 99D. 3 9 Sec. 5. Section 17A.19, subsection 1, Code 1997, is 3 10 amended to read as follows: 3 11 1. A person or party who has exhausted all adequate 3 12 administrative remedies and who is aggrieved or adversely 3 13 affected by any final agency action is entitled to judicial 3 14 reviewthereofof the agency action under this chapter. In 3 15 addition, a person or party who is aggrieved or adversely 3 16 affected by a decision of an administrative law judge is 3 17 entitled to immediate judicial review of the decision under 3 18 this chapter. When agency action is pursuant to rate 3 19 regulatory powers over public utilities or common carriers and 3 20 the aggrievement or adverse effect is to the rates or charges 3 21 of a public utility or common carrier, the agency action shall 3 22 not be final until all agency remedies have been exhausted and 3 23 a decision prescribing rates which satisfy the requirements of 3 24 those provisions of the Code has been rendered. A 3 25 preliminary, procedural or intermediate agency action is 3 26 immediately reviewable if all adequate administrative remedies 3 27 have been exhausted and review of the final agency action 3 28 would not provide an adequate remedy. If a declaratory ruling 3 29 has not been rendered within thirty days after the filing of a 3 30 petition therefor under section 17A.9, or if the agency 3 31 declines to issue such a declaratory ruling after receipt of a 3 32 petition therefor, any administrative remedy available under 3 33 section 17A.9 shall be deemed inadequate or exhausted. 3 34 Sec. 6. Section 17A.19, subsections 7 and 8, Code 1997, 3 35 are amended to read as follows: 4 1 7. In proceedings for judicial review of agency action a 4 2 courtmayshall hear and consider such evidence as it deems 4 3 appropriate.In proceedings for judicial review of agency4 4action in a contested case, however, a court shall not itself4 5hear any further evidence with respect to those issues of fact4 6whose determination was entrusted by Constitution or statute4 7to the agency in that contested case proceeding.Before the 4 8 date set for hearing a petition for judicial review of agency 4 9 action in a contested case, application may be made to the 4 10 court for leave to present evidence in addition to that found 4 11 in the record of the case. If it is shown to the satisfaction 4 12 of the court that the additional evidence is materialand that4 13there were good reasons for failure to present it in the4 14contested case proceeding before the agencyto a resolution of 4 15 the issues, the courtmayshall order that the additional 4 16 evidence betaken before the agency upon conditions determined4 17byallowed to be presented before the court subject to the 4 18 rules of evidence.The agency may modify its findings and4 19decision in the case by reason of the additional evidence and4 20shall file that evidence and any modifications, new findings,4 21or decisions with the reviewing court and mail copies of the4 22new findings or decisions to all parties.4 23 8. The court may affirm the agency action or remand to the 4 24 agency for further proceedings based on a de novo review of 4 25 the evidence presented to the agency and any additional 4 26 evidence presented to the court as provided in subsection 7. 4 27 The court shall reverse, modify, or grant any other 4 28 appropriate relief from the agency action, equitable or legal 4 29 and including declaratory relief, if substantial rights of the 4 30 petitioner have been prejudiced because the agency action is: 4 31 a. In violation of constitutional or statutory provisions; 4 32 b. In excess of the statutory authority of the agency; 4 33 c. In violation of an agency rule; 4 34 d. Made upon unlawful procedure; 4 35 e. Affected by other error of law; 5 1 f. In a contested case, unsupported bysubstantialthe 5 2 evidence in the record made before the agencywhen that record5 3is viewed as a wholeand to the court; or 5 4 g. Unreasonable, arbitrary or capricious or characterized 5 5 by an abuse of discretion or a clearly unwarranted exercise of 5 6 discretion. 5 7 EXPLANATION 5 8 The bill requires that the administrator of the department 5 9 of inspections and appeals assign an administrative law judge 5 10 for the purpose of conducting a contested case hearing and 5 11 rendering a final decision. The bill provides exceptions to 5 12 this requirement concerning administrative law judges for the 5 13 department of corrections pursuant to Code chapter 903A, the 5 14 board of parole pursuant to Code chapter 904A, the industrial 5 15 commissioner of the department of workforce development under 5 16 Code chapter 86, the public employment relations board under 5 17 Code chapter 20, the employment appeal board under Code 5 18 section 10A.601, the utilities division of the department of 5 19 commerce under Code chapter 474, professional and occupational 5 20 discipline matters under Code chapters 147, 542B, 542C, 543B, 5 21 544A, and 544B, and the state racing and gaming commission 5 22 under Code chapter 99D. 5 23 This bill provides that the burden of proof in contested 5 24 case proceedings pursuant to the administrative procedure Act 5 25 is, unless otherwise provided by statute, by clear and 5 26 convincing evidence. 5 27 The bill also provides for the ability to seek judicial 5 28 review of a decision rendered by an administrative law judge 5 29 without requiring the exhaustion of any additional 5 30 administrative remedies. 5 31 The bill also provides that the district court in reviewing 5 32 agency action shall permit the introduction of evidence that 5 33 is material to the resolution of the issues on appeal to the 5 34 district court. In addition, the district court shall render 5 35 its decision based on a de novo review of the evidence 6 1 presented to the agency and of the evidence presented to the 6 2 district court. 6 3 LSB 3979XS 77 6 4 ec/jw/5
Text: SF02305 Text: SF02307 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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