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
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