House File 2159 - Introduced HOUSE FILE BY WENDT Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act limiting the authority of the director of the department 2 of human services in reviewing decisions in contested cases. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6003HH 82 5 jr/nh/5 PAG LIN 1 1 Section 1. Section 217.6, Code 2007, is amended to read as 1 2 follows: 1 3 217.6 RULES AND REGULATIONS == ADMINISTRATIVE LAW JUDGE 1 4 DECISIONS. 1 5 1. The directoris hereby authorized tomay recommend to 1 6 the council for adoption such rules and regulations as are 1 7 necessary to carry into practice the programs of the various 1 8 divisions and to establish such divisions and to assign or 1 9 reassign duties, powers, and responsibilities within the 1 10 department, all with the approval of the council on human 1 11 services, within the department as the director deems 1 12 necessary and appropriate for the proper administration of the 1 13 duties, functions, and programs with which the department is 1 14 charged. 1 15 a. Any action taken, decision made, or administrative rule 1 16 adopted by any administrator of a division may be reviewed by 1 17 the director. The director, upon such review, may affirm, 1 18 modify, or reverse any such action, decision, or rule. 1 19 b. Notwithstanding the provisions of section 17A.15, the 1 20 director shall not have the authority to review a decision of 1 21 an administrative law judge. The decision of an 1 22 administrative law judge shall be considered final agency 1 23 action for purposes of judicial review. 1 24 2. The director shall organize the department of human 1 25 services into divisions to carry out in efficient manner the 1 26 intent of thischapter.chapter. The 1 27Thedepartment of human services may be initially divided 1 28 into the following divisions of responsibility: the division 1 29 of child and family services, the division of mental health 1 30 and disability services, the division of administration, and 1 31 the division of planning, research, and statistics. 1 32 EXPLANATION 1 33 The Iowa administrative procedure Act, Code chapter 17A, in 1 34 part establishes a trial=type process for the adjudication of 1 35 specific controversies that arise within an administrative 2 1 agency. Under that process an initial decision is issued by 2 2 an administrative law judge who has presided over the hearing. 2 3 That initial decision can be reviewed and reversed by the head 2 4 of the administrative agency. 2 5 This bill provides that the director of the department of 2 6 human services has no authority to review the decision of an 2 7 administrative law judge. The decision of the administrative 2 8 law judge is then final agency action which can be reviewed by 2 9 a district court. 2 10 LSB 6003HH 82 2 11 jr/nh/5