Text: SSB03090 Text: SSB03092 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 17A.35 INSPECTION RELATED ORDER
1 2 – CONTESTED CASES.
1 3 1. An agency which has conducted an inspection and which,
1 4 as a result of the inspection, proposes to issue an order
1 5 shall notify the aggrieved or adversely affected party. The
1 6 inspecting agency shall initiate a contested case proceeding
1 7 prior to executing the proposed order. The burden shall be on
1 8 the inspecting agency to prove the necessity of the order.
1 9 The provisions of section 17A.12 shall apply to a contested
1 10 case initiated pursuant to this section. In addition to the
1 11 requirements of section 17A.12, subsection 2, the inspecting
1 12 agency shall include in the notice a copy of the proposed
1 13 order resulting from the inspection. In addition to the
1 14 requirements of section 17A.12, subsection 6, the record shall
1 15 include a statement regarding the financial impact the
1 16 proposed order would have on the aggrieved or adversely
1 17 affected party.
1 18 2. This section shall not apply to an order by an agency
1 19 subsequent to an inspection that is intended to address a
1 20 situation involving an imminent danger to the public health or
1 21 safety.
1 22 EXPLANATION
1 23 This bill relates to contested case hearings for agency
1 24 orders issued subsequent to an inspection.
1 25 The bill provides that an agency which has conducted an
1 26 inspection and which, as a result of the inspection, proposes
1 27 to issue an order shall notify the aggrieved or adversely
1 28 affected party. The bill provides that the inspecting agency
1 29 shall initiate a contested case proceeding prior to executing
1 30 the proposed order. The bill provides that the burden shall
1 31 be on the inspecting agency to prove the necessity of the
1 32 order. The bill provides that provisions relating to
1 33 contested case hearings shall apply to a contested case
1 34 initiated by an agency issuing an order subsequent to an
1 35 inspection. The bill provides that, in addition to the notice
2 1 requirements for contested cases, the inspecting agency shall
2 2 include in the notice a copy of the proposed order resulting
2 3 from the inspection. The bill provides that, in addition to
2 4 the requirements for records in contested cases, the record
2 5 shall include a statement regarding the financial impact the
2 6 proposed order would have on the aggrieved or adversely
2 7 affected party. The bill shall not apply to an order by an
2 8 agency subsequent to an inspection that is intended to address
2 9 a situation involving an imminent danger to the public health
2 10 or safety.
2 11 LSB 6612SC 79
2 12 tm/sh/8
Text: SSB03090 Text: SSB03092 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2002 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: Wed Feb 6 03:30:43 CST 2002
URL: /DOCS/GA/79GA/Legislation/SSB/03000/SSB03091/020205.html
jhf