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House Journal: Page 1589: Tuesday, April 14, 1998

11   "office" and inserting the following:  "division".
12	43.  Page 5, line 24, by striking the figure "9"
13   and inserting the following:  "10".
14	44.  Page 5, line 25, by striking the word
15   "office" and inserting the following:  "division".
16	45.  Page 11, by striking lines 25 through 31 and
17   inserting the following:
18     "2.  Any interested person, association, agency, or
19   political subdivision may submit a written request to
20   the administrative rules coordinator for an agency to
21   conduct a formal review of a specified rule of that
22   agency to determine whether the rule should be
23   repealed or amended or a new rule adopted instead.
24   The administrative rules coordinator shall determine
25   whether the request is reasonable and does not place
26   an unreasonable burden upon the agency."
27	46.  Page 11, by striking line 34 and inserting
28   the following:  "filing of the written request, and
29   upon a determination by the administrative rules
30   coordinator that the request is reasonable and does
31   not place an unreasonable burden upon the agency, the
32   agency".
33	47.  Page 15, line 20, by striking the words
34   "head, either the agency head" and inserting the
35   following:  ", either the agency".
36	48.  Page 15, line 21, by striking the words "the
37   agency head" and inserting the following:  "a
38   multimember agency".
39	49.  Page 15, line 22, by striking the word
40   "office" and inserting the following:  "division".
41	50.  Page 15, line 23, by inserting after the
42   figure "10A.801." the following:  "However, a party
43   may, within a time period specified by rule, request
44   that the presiding officer be an administrative law
45   judge assigned by the division of administrative
46   hearings.  Except as otherwise provided by statute,
47   the agency shall grant a request by a party for an
48   administrative law judge unless the agency finds, and
49   states reasons for the finding, that any of the
50   following conditions exist:

Page 4

 1	(1)  There is a compelling need to expedite
 2   issuance of a final decision in order to protect the
 3   public health, safety, or welfare.
 4	(2)  A qualified administrative law judge is
 5   unavailable to hear the case within a reasonable time.
 6	(3)  The case involves significant policy issues of
 7   first impression that are inextricably intertwined
 8   with the factual issues presented.
 9	(4)  The demeanor of the witnesses is likely to be
10   dispositive in resolving the disputed factual issues.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Thu Apr 16 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01589.html
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