HF 2093 (LSB 6066YH (3) 85)

HOUSE FILE 2093

BY  R. OLSON

A BILL FOR

An Act establishing a senior administrative law judge program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 10A.801, subsection 1, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   For purposes of this section article, unless the context otherwise requires:
    Sec. 2.  NEW SECTION.  10A.802  Senior administrative law judge program.
   1.  The division shall establish a senior administrative law judge program to provide for the employment of retired administrative law judges to perform duties as an administrative law judge on less than a full-time basis to assist the division in performing its duties. For purposes of this section, a retired administrative law judge is a person who has performed duties as an administrative law judge and who meets the requirements for a bona fide retirement under section 97B.52A.
   2.  A retired administrative law judge may be employed, at the discretion of the division, to perform duties as a senior administrative law judge for such time as the division determines if the retired administrative law judge does all of the following:
   a.  Meets the requirements for employment as an administrative law judge as provided in section 10A.801 and has a license to practice law in this state.
   b.  Agrees in writing on a form prescribed by the division to be available to perform duties as a senior administrative law judge assigned by the division for an aggregate period of thirteen weeks out of each twelve-month period commencing upon employment as a senior administrative law judge.
   c.  Submits evidence to the division that as of the date of retirement, the senior administrative law judge does not suffer from a permanent physical or mental disability which would substantially interfere with the performance of duties agreed to under this subsection.
   d.  Does not engage in the practice of law while employed as a senior administrative law judge.
   3.  A senior administrative law judge employed by the division pursuant to this section shall serve at the pleasure of the division and shall not be covered by the merit system provisions of chapter 8A, subchapter IV.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill creates a senior administrative law judge program within the administrative hearings division of the department of inspections and appeals. The program allows the division to employ, at its discretion, former administrative law judges who are retired to perform duties as administrative law judges on less than a full-time basis.
   The bill provides that a retired administrative law judge may be employed as a senior administrative law judge if the retired judge meets the requirements for employment as an administrative law judge, is licensed to practice law in this state, agrees to perform duties as a senior administrative law judge for an aggregate period of 13 weeks in a 12-month period, submits evidence to the division that the retired judge is not suffering from a disability to prevent the judge from performing duties as an administrative law judge, and does not engage in the practice of law while employed as a senior administrative law judge. The bill provides a senior administrative law judge employed by the division shall serve at the pleasure of the division and shall not be covered by the merit system.