House File 436 - 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 1864YH 83 5 jr/rj/5 PAG LIN 1 1 Section 1. Section 17A.23, unnumbered paragraph 3, Code 1 2 2009, 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 1864YH 83 1 17 jr/rj/5