House File 269 - Introduced



                                       HOUSE FILE       
                                       BY  UPMEYER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the burden of proof in judicial review of
  2    certain rulemaking proceedings.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1913HH 82
  5 jr/je/5

PAG LIN



  1  1    Section 1.  Section 17A.3, subsection 1, paragraph c, Code
  1  2 2007, is amended to read as follows:
  1  3    c.  As soon as feasible and to the extent practicable,
  1  4 adopt rules, in addition to those otherwise required by this
  1  5 chapter, embodying appropriate standards, principles, and
  1  6 procedural safeguards that the agency will apply to the law it
  1  7 administers.  The burden of proof shall be on the agency in
  1  8 any proceeding for judicial review to establish that
  1  9 rulemaking was not feasible and practicable.
  1 10                           EXPLANATION
  1 11    Current Code language requires Iowa agencies to adopt
  1 12 rules, when feasible and practicable, establishing standards,
  1 13 principles, and procedural safeguards.  When a person seeks
  1 14 judicial review of an agency rulemaking action, that person
  1 15 bears the burden of proof to establish that the rule or the
  1 16 rulemaking procedure was not lawful.  This bill reverses that
  1 17 burden of proof in situations where the issue on review is
  1 18 whether it was feasible and practicable for an agency to
  1 19 promulgate a rule.
  1 20 LSB 1913HH 82
  1 21 jr:nh/je/5