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House Journal: Page 1591: Tuesday, April 14, 1998

11   following:
12     "Sec. ___.  Section 17A.15, subsection 3, Code
13   1997, is amended to read as follows:
14	3.  When the presiding officer makes a proposed
15   decision, that decision then becomes the final
16   decision of the agency without further proceedings
17   unless there is an appeal to, or review on motion of,
18   the agency within the time provided by rule.  On
19   appeal from or review of the proposed decision, the
20   agency has all the power which it would have in
21   initially making the final decision except as it may
22   limit the issues on notice to the parties or by rule.
23   The agency may reverse or modify any finding of fact
24   or conclusion of law if a preponderance of the
25   evidence will support a determination to reverse or
26   modify such a finding or conclusion.  In cases where
27   there is an appeal from a proposed decision or where a
28   proposed decision is reviewed on motion of the agency,
29   an opportunity shall be afforded to each party to file
30   exceptions, present briefs and, with the consent of
31   the agency, present oral arguments to the agency
32   members who are to render the final decision."
33	59.  Page 18, by striking lines 6 through 8 and
34   inserting the following:  "why the relevant evidence
35   in the record supports each material finding of fact.
36   If, in accordance with agency".
37	60.  Page 26, by striking lines 18 through 21 and
38   inserting the following:  "and the agency's
39   explanation of why the relevant evidence in the record
40   supports its material findings of fact."
41	61.  Page 28, by inserting after line 11 the
42   following:
43     "Sec. ___.  Section 17A.23, Code 1997, is amended
44   by adding the following new unnumbered paragraph:
45     NEW UNNUMBERED PARAGRAPH.  An agency shall have
46   only that authority or discretion delegated to or
47   conferred upon the agency by law and shall not expand
48   or enlarge its authority or discretion beyond the
49   powers delegated to or conferred upon the agency."
50	62.  Page 28, line 34, by striking the word

Page 6

 1   "office" and inserting the following:  "division".
 2	63.  Page 32, line 14, by striking the word
 3   "office" and inserting the following:  "division".
 4	64.  By renumbering as necessary.
Millage of Scott offered the following amendment H-9136, to the
Senate amendment H-8997, filed by him and Chapman of Linn and
moved its adoption:

© 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/01500/01591.html
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