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
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