House
File
853
H-8223
Amend
House
File
853
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
17A.19,
subsection
10,
paragraphs
c
and
4
l,
Code
2026,
are
amended
to
read
as
follows:
5
c.
Based
upon
an
erroneous
interpretation
of
a
provision
6
of
law
whose
interpretation
has
not
clearly
been
vested
by
a
7
provision
of
law
in
the
discretion
of
the
by
an
agency
that
is
8
not
a
licensing
board
as
defined
in
section
272C.1
.
9
l.
(1)
Based
upon
an
erroneous
interpretation
of
a
10
provision
of
law
by
a
licensing
board
as
defined
in
section
11
272C.1
if
interpretation
of
the
provision
of
law
has
not
12
clearly
been
vested
by
a
provision
of
law
in
the
discretion
of
13
the
licensing
board.
14
(2)
Based
upon
an
irrational,
illogical,
or
wholly
15
unjustifiable
interpretation
of
a
provision
of
law
whose
by
a
16
licensing
board
as
defined
in
section
272C.1
if
interpretation
17
of
the
provision
of
law
has
clearly
been
vested
by
a
provision
18
of
law
in
the
discretion
of
the
agency
licensing
board
.
19
Sec.
2.
Section
17A.19,
subsection
11,
Code
2026,
is
amended
20
to
read
as
follows:
21
11.
In
making
the
determinations
required
by
subsection
10
,
22
paragraphs
“a”
through
“n”
paragraph
“l”
,
the
court
shall
do
all
23
of
the
following:
24
a.
Shall
not
give
any
deference
to
the
view
of
the
agency
25
licensing
board
with
respect
to
whether
particular
matters
have
26
been
vested
by
a
provision
of
law
in
the
discretion
of
the
27
agency
licensing
board
.
28
b.
Should
Shall
not
give
any
deference
to
the
view
of
the
29
agency
licensing
board
with
respect
to
particular
matters
that
30
have
not
been
vested
by
a
provision
of
law
in
the
discretion
of
31
the
agency
licensing
board
.
32
c.
Shall
give
appropriate
deference
to
the
view
of
the
33
agency
licensing
board
with
respect
to
particular
matters
that
34
have
been
vested
by
a
provision
of
law
in
the
discretion
of
the
35
-1-
HF
853.3447
(2)
91
je/ko
1/
2
#1.
agency
licensing
board
.
1
Sec.
3.
Section
17A.23,
Code
2026,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
5.
a.
Notwithstanding
any
provision
of
the
4
Code
or
Acts
to
the
contrary,
a
court,
or
a
presiding
officer
5
in
a
contested
case
or
other
administrative
action
subject
to
6
this
chapter,
when
interpreting
a
state
statute
or
a
rule
or
7
other
agency
document
subject
to
this
chapter,
shall
not
defer
8
to
an
interpretation
of
the
statute,
rule,
or
document
by
an
9
agency
that
is
not
a
licensing
board
as
defined
in
section
10
272.1,
and
must
instead
interpret
the
meaning
and
effect
of
the
11
statute,
rule,
or
document
de
novo.
12
b.
In
an
action
brought
by
or
against
an
agency
that
is
not
13
a
licensing
board
as
defined
in
section
272C.1,
the
court
or
14
officer,
after
applying
all
customary
tools
of
interpretation,
15
must
exercise
any
remaining
doubt
in
favor
of
a
reasonable
16
interpretation
that
limits
agency
authority.
>
17
______________________________
GUSTOFF
of
Polk
-2-
HF
853.3447
(2)
91
je/ko
2/
2