House File 630 - Introduced



                                       HOUSE FILE       
                                       BY  PETTENGILL


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

                                      A BILL FOR

  1 An Act relating to judicial review of agency actions of the
  2    department of natural resources and the natural resources
  3    commission.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2582HH 82
  6 jr/es/88

PAG LIN



  1  1    Section 1.  Section 455B.140, Code 2007, is amended to read
  1  2 as follows:
  1  3    455B.140  JUDICIAL REVIEW.
  1  4    Judicial review of actions of the commission or of the
  1  5 director may be sought in accordance with the terms of the
  1  6 Iowa administrative procedure Act, chapter 17A.
  1  7 Notwithstanding the terms of said the Act, petitions for
  1  8 judicial review may be filed in the district court of the
  1  9 county in which the alleged offense was committed.  In
  1 10 addition, notwithstanding the terms of the Act, the court
  1 11 shall not give deference to the position of the department or
  1 12 the commission when making the determinations required by
  1 13 section 17A.19, subsection 10.
  1 14    Sec. 2.  Section 455B.178, Code 2007, is amended to read as
  1 15 follows:
  1 16    455B.178  JUDICIAL REVIEW.
  1 17    Except as provided in section 455B.191, subsection 6,
  1 18 judicial review of any order or other action of the commission
  1 19 or of the director may be sought in accordance with the terms
  1 20 of the Iowa administrative procedure Act, chapter 17A.
  1 21 Notwithstanding the terms of said the Act, petitions for
  1 22 judicial review may be filed in the district court of the
  1 23 county in which the alleged offense was committed or such
  1 24 final order was entered.  In addition, notwithstanding the
  1 25 terms of the Act, the court shall not give deference to the
  1 26 position of the department or the commission when making the
  1 27 determinations required by section 17A.19, subsection 10.
  1 28    Sec. 3.  Section 455B.191, subsection 4, Code 2007, is
  1 29 amended to read as follows:
  1 30    4.  The attorney general shall, at the request of the
  1 31 director with approval of the commission, institute any legal
  1 32 proceedings, including an action for an injunction or a
  1 33 temporary injunction, necessary to enforce the penalty
  1 34 provisions of part 1 of division III of this chapter or to
  1 35 obtain compliance with the provisions of part 1 of division
  2  1 III of this chapter or any rules promulgated or any provision
  2  2 of any permit issued under part 1 of division III of this
  2  3 chapter.  In any such action legal proceeding to enforce a
  2  4 final agency action, any previous findings of fact of the
  2  5 director or the commission after notice and hearing shall be
  2  6 conclusive if supported by substantial evidence in the record
  2  7 when the record is viewed as a whole.
  2  8                           EXPLANATION
  2  9    Code section 17A.19 establishes a procedure for appealing a
  2 10 state agency action to district court.  Under some
  2 11 circumstances, a court may defer to the position of the
  2 12 agency, instead of making an independent determination.  This
  2 13 bill provides that in reviewing actions of the department of
  2 14 natural resources and the natural resources commission, the
  2 15 court shall not give deference to the position of the
  2 16 department or the commission when determining the legality or
  2 17 validity of an agency action.  The bill also eliminates the
  2 18 phrase "such action", and substitutes a more descriptive
  2 19 phrase:  "legal proceeding to enforce a final agency action".
  2 20 LSB 2582HH 82
  2 21 jr:nh/es/88