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 director is hereby authorized to may 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 this chapter. chapter.  The
  1 27    The department 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