Text: SSB03166                          Text: SSB03168
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3167

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  17A.35  EFFECTIVENESS OF ORDERS
  1  2 AFTER AN INSPECTION.
  1  3    1.  An order imposing a penalty or compelling a specific
  1  4 action issued by an agency after an inspection is not
  1  5 effective against any person until the order becomes final
  1  6 agency action.  Unless otherwise provided by law, an order
  1  7 becomes final agency action upon informal settlement as
  1  8 provided for in section 17A.10, upon issuance of a final
  1  9 decision after hearing as provided in section 17A.16, or upon
  1 10 expiration of any applicable opportunity for an evidentiary
  1 11 hearing as described in section 17A.2, subsection 5, or as
  1 12 provided in subsection 2.  Prior to an order becoming final
  1 13 agency action, the agency issuing the order shall consider the
  1 14 financial impact on the person to whom the order is directed.
  1 15    2.  An order imposing a penalty or compelling a specific
  1 16 action issued by an agency after an inspection may be final
  1 17 agency action when both of the following occur:
  1 18    a.  The order is necessary to prevent or avoid immediate
  1 19 danger to the public health, safety, or welfare.
  1 20    b.  The order is issued pursuant to section 17A.18A.  
  1 21                           EXPLANATION
  1 22    This bill relates to orders imposing a penalty or
  1 23 compelling a specific action issued by an agency after an
  1 24 inspection.
  1 25    The bill provides that such orders are not effective
  1 26 against any person until the order becomes final agency
  1 27 action.  The bill provides that, unless otherwise provided by
  1 28 law, an order becomes final agency action upon informal
  1 29 settlement, issuance of a final decision after a hearing, or
  1 30 expiration of any applicable opportunity for an evidentiary
  1 31 hearing.  The bill provides that, prior to an order becoming
  1 32 final agency action, the agency issuing the order shall
  1 33 consider the financial impact on the person to whom the order
  1 34 is directed.  The bill also provides that an order may be
  1 35 final agency action when the order is necessary to prevent or
  2  1 avoid immediate danger to the public health, safety, or
  2  2 welfare and is issued pursuant to emergency adjudicative
  2  3 procedures.  
  2  4 LSB 6668SC 79
  2  5 tm/cls/14.1
     

Text: SSB03166                          Text: SSB03168
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home 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: Thu Feb 21 03:35:53 CST 2002
URL: /DOCS/GA/79GA/Legislation/SSB/03100/SSB03167/020220.html
jhf