Senate Study Bill 1132
SENATE FILE
BY (PROPOSED COMMITTEE ON
STATE GOVERNMENT BILL BY
CO=CHAIRPERSON HORN)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act eliminating the certified mail requirement concerning the
2 service and delivery of certain civil rights complaints and
3 orders.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1550SC 81
6 ec/gg/14
PAG LIN
1 1 Section 1. Section 216.15, subsection 3, paragraph a, Code
1 2 2005, is amended to read as follows:
1 3 a. After the filing of a verified complaint, a true copy
1 4 shall be served within twenty days by certified mail on the
1 5 person against whom the complaint is filed. An authorized
1 6 member of the commission staff shall make a prompt
1 7 investigation and shall issue a recommendation to an
1 8 administrative law judge employed either by the commission or
1 9 by the division of administrative hearings created by section
1 10 10A.801, who shall then issue a determination of probable
1 11 cause or no probable cause.
1 12 Sec. 2. Section 216.15, subsection 3, paragraph c, Code
1 13 2005, is amended to read as follows:
1 14 c. If the administrative law judge concurs with the
1 15 investigating official that probable cause exists regarding
1 16 the allegations of the complaint, the staff of the commission
1 17 shall promptly endeavor to eliminate the discriminatory or
1 18 unfair practice by conference, conciliation, and persuasion.
1 19 If the administrative law judge finds that no probable cause
1 20 exists, the administrative law judge shall issue a final order
1 21 dismissing the complaint and shall promptly mail a copy to the
1 22 complainant and to the respondent by certified mail. A
1 23 finding of probable cause shall not be introduced into
1 24 evidence in an action brought under section 216.16.
1 25 Sec. 3. Section 216.15, subsection 10, Code 2005, is
1 26 amended to read as follows:
1 27 10. If, upon taking into consideration all of the evidence
1 28 at a hearing, the commission finds that a respondent has not
1 29 engaged in any such discriminatory or unfair practice, the
1 30 commission shall issue an order denying relief and stating the
1 31 findings of fact and conclusions of the commission, and shall
1 32 cause a copy of the order dismissing the complaint to be
1 33 served by certified mail on the complainant and the
1 34 respondent.
1 35 Sec. 4. Section 216.17, subsection 1, unnumbered paragraph
2 1 2, Code 2005, is amended to read as follows:
2 2 For purposes of the time limit for filing a petition for
2 3 judicial review under the Iowa administrative procedure Act,
2 4 chapter 17A, specified by section 17A.19, the issuance of a
2 5 final decision of the commission under this chapter occurs on
2 6 the date notice of the decision is mailed by certified mail,
2 7 to the parties.
2 8 EXPLANATION
2 9 This bill eliminates the requirement that certain civil
2 10 rights commission complaints and orders be served or mailed
2 11 only by certified mail.
2 12 The bill eliminates the requirement that service of a true
2 13 copy of a verified civil rights complaint be by certified
2 14 mail. In addition, the requirement that mailing of a final
2 15 order by an administrative law judge dismissing the complaint
2 16 be done only by certified mail is eliminated. The bill also
2 17 eliminates the certified mail requirement for the mailing of a
2 18 civil rights commission order denying relief following a
2 19 hearing on a verified complaint. The bill also makes a
2 20 conforming change to Code section 216.17 concerning judicial
2 21 review of commission decisions to reflect that decisions of
2 22 the commission need not be mailed by certified mail.
2 23 LSB 1550SC 81
2 24 ec/gg/14