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