House File 2093 - Introduced HOUSE FILE 2093 BY R. OLSON A BILL FOR An Act establishing a senior administrative law judge program. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 6066YH (3) 85 ec/rj

H.F. 2093 Section 1. Section 10A.801, subsection 1, unnumbered 1 paragraph 1, Code 2014, is amended to read as follows: 2 For purposes of this section article , unless the context 3 otherwise requires: 4 Sec. 2. NEW SECTION . 10A.802 Senior administrative law 5 judge program. 6 1. The division shall establish a senior administrative 7 law judge program to provide for the employment of 8 retired administrative law judges to perform duties as an 9 administrative law judge on less than a full-time basis to 10 assist the division in performing its duties. For purposes of 11 this section, a retired administrative law judge is a person 12 who has performed duties as an administrative law judge and who 13 meets the requirements for a bona fide retirement under section 14 97B.52A. 15 2. A retired administrative law judge may be employed, at 16 the discretion of the division, to perform duties as a 17 senior administrative law judge for such time as the division 18 determines if the retired administrative law judge does all of 19 the following: 20 a. Meets the requirements for employment as an 21 administrative law judge as provided in section 10A.801 and has 22 a license to practice law in this state. 23 b. Agrees in writing on a form prescribed by the division 24 to be available to perform duties as a senior administrative 25 law judge assigned by the division for an aggregate period of 26 thirteen weeks out of each twelve-month period commencing upon 27 employment as a senior administrative law judge. 28 c. Submits evidence to the division that as of the date of 29 retirement, the senior administrative law judge does not suffer 30 from a permanent physical or mental disability which would 31 substantially interfere with the performance of duties agreed 32 to under this subsection. 33 d. Does not engage in the practice of law while employed as 34 a senior administrative law judge. 35 -1- LSB 6066YH (3) 85 ec/rj 1/ 2

H.F. 2093 3. A senior administrative law judge employed by the 1 division pursuant to this section shall serve at the pleasure 2 of the division and shall not be covered by the merit system 3 provisions of chapter 8A, subchapter IV. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill creates a senior administrative law judge program 8 within the administrative hearings division of the department 9 of inspections and appeals. The program allows the division 10 to employ, at its discretion, former administrative law judges 11 who are retired to perform duties as administrative law judges 12 on less than a full-time basis. 13 The bill provides that a retired administrative law judge 14 may be employed as a senior administrative law judge if the 15 retired judge meets the requirements for employment as an 16 administrative law judge, is licensed to practice law in this 17 state, agrees to perform duties as a senior administrative 18 law judge for an aggregate period of 13 weeks in a 12-month 19 period, submits evidence to the division that the retired 20 judge is not suffering from a disability to prevent the judge 21 from performing duties as an administrative law judge, and 22 does not engage in the practice of law while employed as a 23 senior administrative law judge. The bill provides a senior 24 administrative law judge employed by the division shall serve 25 at the pleasure of the division and shall not be covered by the 26 merit system. 27 -2- LSB 6066YH (3) 85 ec/rj 2/ 2