Senate File 2039 H-8286 Amend Senate File 2039, as passed by the Senate, as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 17A.19, subsection 10, paragraphs c and 3 l, Code 2026, are amended to read as follows: 4 c. Based upon an erroneous interpretation of a provision 5 of law whose interpretation has not clearly been vested by a 6 provision of law in the discretion of the by an agency that is 7 not a licensing board as defined in section 272C.1 . 8 l. (1) Based upon an erroneous interpretation of a 9 provision of law by a licensing board as defined in section 10 272C.1 if interpretation of the provision of law has not 11 clearly been vested by a provision of law in the discretion of 12 the licensing board. 13 (2) Based upon an irrational, illogical, or wholly 14 unjustifiable interpretation of a provision of law whose by a 15 licensing board as defined in section 272C.1 if interpretation 16 of the provision of law has clearly been vested by a provision 17 of law in the discretion of the agency licensing board . 18 Sec. ___. Section 17A.19, subsection 11, Code 2026, is 19 amended to read as follows: 20 11. In making the determinations required by subsection 10 , 21 paragraphs “a” through “n” paragraph “l” , the court shall do all 22 of the following: 23 a. Shall not give any deference to the view of the agency 24 licensing board with respect to whether particular matters have 25 been vested by a provision of law in the discretion of the 26 agency licensing board . 27 b. Should Shall not give any deference to the view of the 28 agency licensing board with respect to particular matters that 29 have not been vested by a provision of law in the discretion of 30 the agency licensing board . 31 c. Shall give appropriate deference to the view of the 32 agency licensing board with respect to particular matters that 33 have been vested by a provision of law in the discretion of the 34 agency licensing board . > 35 -1- SF 2039.3719 (1) 91 je/ko 1/ 2 #1.

2. Page 1, after line 8 by inserting: 1 < Sec. ___. Section 17A.23, Code 2026, is amended by adding 2 the 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 3. Title page, by striking lines 1 and 2 and inserting < An 18 Act relating to administrative and judicial proceedings > 19 4. By renumbering as necessary. 20 ______________________________ GUSTOFF of Polk -2- SF 2039.3719 (1) 91 je/ko 2/ 2 #2. #3. #4.