House File 387 - 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 scope of rulemaking authority delegated to
  2    an administrative agency.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2456HH 82
  5 jr/es/88

PAG LIN



  1  1    Section 1.  Section 17A.23, unnumbered paragraph 3, Code
  1  2 2007, is amended to read as follows:
  1  3    An agency shall have only that authority or discretion
  1  4 delegated to or conferred upon the agency by law and shall not
  1  5 expand or enlarge its authority or discretion beyond the
  1  6 powers delegated to or conferred upon the agency.  Unless
  1  7 otherwise specifically provided by statute, a delegation of
  1  8 rulemaking authority to a state agency shall be construed
  1  9 narrowly.
  1 10                           EXPLANATION
  1 11    This bill provides that grants of rulemaking authority to a
  1 12 state agency are to be construed narrowly, unless the statute
  1 13 itself provides otherwise.  A narrow construction would
  1 14 normally limit the discretion that an agency may exercise in
  1 15 interpreting a statutory provision through rulemaking.
  1 16 LSB 2456HH 82
  1 17 jr:rj/es/88