Text: HSB00163                          Text: HSB00165
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 164

Bill Text

PAG LIN
  1  1    Section 1.  Section 96.6, subsection 3, unnumbered
  1  2 paragraph 2, Code 1999, is amended to read as follows:
  1  3    Appeals Notwithstanding any provision of section 17A.11 to
  1  4 the contrary, appeals from the initial determination shall be
  1  5 heard by an administrative law judge employed by the
  1  6 department.  However, not less than seven days prior to a
  1  7 hearing, a party may request that the appeal be heard by an
  1  8 administrative law judge employed by the division of
  1  9 administrative hearings of the department of inspections and
  1 10 appeals.  An administrative law judge employed by the
  1 11 department shall have the same qualifications as an
  1 12 administrative law judge employed by the division of
  1 13 administrative hearings of the department of inspections and
  1 14 appeals.  An administrative law judge's decision may be
  1 15 appealed by any party to the employment appeal board created
  1 16 in section 10A.601.  The decision of the appeal board is final
  1 17 agency action and an appeal of the decision shall be made
  1 18 directly to the district court.
  1 19    Sec. 2.  Section 96.7, subsection 4, unnumbered paragraph
  1 20 3, Code 1999, is amended to read as follows:
  1 21    A hearing on an appeal shall be conducted according to
  1 22 rules adopted by the department.  The rules shall provide,
  1 23 notwithstanding any provision of section 17A.11 to the
  1 24 contrary, that the hearing shall be conducted by an
  1 25 administrative law judge employed by the department.  However,
  1 26 not less than seven days prior to a hearing, a party may
  1 27 request that the appeal be heard by an administrative law
  1 28 judge employed by the division of administrative hearings of
  1 29 the department of inspections and appeals.  An administrative
  1 30 law judge employed by the department shall have the same
  1 31 qualifications as an administrative law judge employed by the
  1 32 division of administrative hearings of the department of
  1 33 inspections and appeals.  A copy of the decision of the
  1 34 administrative law judge shall be sent by regular mail to the
  1 35 last address, according to the records of the department, of
  2  1 each affected employing unit or employer.  
  2  2                           EXPLANATION
  2  3    This bill relates to the employment status and
  2  4 qualifications of administrative law judges hearing certain
  2  5 administrative appeals involving unemployment compensation
  2  6 issues.  Code section 96.6, subsection 3, which concerns
  2  7 appeals of an initial determination of a benefit decision
  2  8 concerning unemployment compensation, and Code section 96.7,
  2  9 subsection 4, which concerns appeals of employer liability
  2 10 determinations, are both amended by this bill.
  2 11    The bill provides that in both instances, appeals shall be
  2 12 heard by an administrative law judge employed by the
  2 13 department of workforce development notwithstanding any
  2 14 provision of Code chapter 17A to the contrary.  However, if a
  2 15 party so requests at least seven days prior to the hearing,
  2 16 the appeal shall be heard by an administrative law judge
  2 17 employed by the division of administrative hearings of the
  2 18 department of inspections and appeals.  The bill also provides
  2 19 that administrative law judges employed by the department of
  2 20 workforce development shall meet the same qualifications as
  2 21 those employed through the division of administrative hearings
  2 22 of the department of inspections and appeals.  
  2 23 LSB 1606HC 78
  2 24 ec/cf/24
     

Text: HSB00163                          Text: HSB00165
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

© 1999 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Feb 19 03:32:02 CST 1999
URL: /DOCS/GA/78GA/Legislation/HSB/00100/HSB00164/990218.html
jhf