House
File
441
-
Enrolled
House
File
441
AN
ACT
CONCERNING
THE
FUNCTIONS
OF
THE
EMPLOYMENT
APPEAL
BOARD;
THE
WORKERS’
COMPENSATION
COMMISSIONER;
AND
THE
DEPARTMENT
OF
INSPECTIONS,
APPEALS,
AND
LICENSING
RELATING
TO
CONTESTED
CASES,
JUDICIAL
REVIEW,
AND
LIABILITY.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
10A.601,
subsections
1
and
7,
Code
2025,
are
amended
to
read
as
follows:
1.
A
full-time
employment
appeal
board
is
created
within
the
department
of
inspections,
appeals,
and
licensing
to
hear
and
decide
contested
cases
under
section
70A.28,
chapter
8A,
subchapter
IV
,
and
chapters
20,
80,
88
,
91C
,
96
,
and
97B
.
In
addition,
the
employment
appeal
board
has
those
powers
and
responsibilities
assigned
to
it
by
chapter
20.
7.
An
application
for
rehearing
before
the
appeal
board
shall
be
filed
pursuant
to
section
17A.16
,
unless
otherwise
provided
in
section
70A.28,
chapter
8A,
subchapter
IV
,
or
chapter
20,
80,
88
,
91C
,
96
,
or
97B
.
A
petition
for
judicial
review
of
a
decision
of
the
appeal
board
shall
be
House
File
441,
p.
2
filed
pursuant
to
section
17A.19
.
The
appeal
board
may
be
represented
in
any
such
judicial
review
by
an
attorney
who
is
a
regular
salaried
employee
of
the
appeal
board
or
who
has
been
designated
by
the
appeal
board
for
that
purpose,
or
at
the
appeal
board’s
request,
by
the
attorney
general.
Notwithstanding
the
petitioner’s
residency
requirement
in
section
17A.19,
subsection
2
,
a
petition
for
judicial
review
may
be
filed
in
the
district
court
of
the
county
in
which
the
petitioner
was
last
employed
or
resides,
provided
that
if
the
petitioner
does
not
reside
in
this
state,
the
action
shall
be
brought
in
the
district
court
of
Polk
county,
Iowa,
and
any
other
party
to
the
proceeding
before
the
appeal
board
shall
be
named
in
the
petition.
Notwithstanding
the
thirty-day
requirement
in
section
17A.19,
subsection
6
,
the
appeal
board
shall,
within
sixty
days
after
filing
of
the
petition
for
judicial
review
or
within
a
longer
period
of
time
allowed
by
the
court,
transmit
to
the
reviewing
court
the
original
or
a
certified
copy
of
the
entire
records
of
a
contested
case.
The
appeal
board
may
also
certify
to
the
court,
questions
of
law
involved
in
any
decision
by
the
appeal
board.
Petitions
for
judicial
review
and
the
questions
so
certified
shall
be
given
precedence
over
all
other
civil
cases
except
cases
arising
under
the
workers’
compensation
law
of
this
state.
No
bond
shall
be
required
for
entering
an
appeal
from
any
final
order,
judgment,
or
decree
of
the
district
court
to
the
supreme
court.
Sec.
2.
Section
17A.19,
subsection
4,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
The
petition
for
review
shall
name
the
agency
as
respondent
and
,
except
as
provided
in
sections
10A.324
and
20.34.
All
petitions
for
review
shall
contain
a
concise
statement
of:
Sec.
3.
Section
96.18,
Code
2025,
is
amended
to
read
as
follows:
96.18
Nonliability
of
state.
Benefits
shall
be
deemed
to
be
due
and
payable
under
this
chapter
only
to
the
extent
provided
in
this
chapter
and
to
the
extent
that
moneys
are
available
therefor
to
the
credit
of
the
unemployment
compensation
fund
,
and
neither
the
.
The
state
;
nor
the
department
;
the
department
of
inspections,
appeals,
and
House
File
441,
p.
3
licensing;
and
the
employment
appeal
board
shall
not
be
liable
for
any
amount
in
excess
of
such
sums.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
441,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor