House Study Bill 18 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING BILL) A BILL FOR An Act concerning the functions of the employment appeal board; 1 the workers’ compensation commissioner; and the department 2 of inspections, appeals, and licensing relating to contested 3 cases, judicial review, and liability. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1408DP (3) 91 je/js

S.F. _____ H.F. _____ Section 1. Section 10A.601, subsections 1 and 7, Code 2025, 1 are amended to read as follows: 2 1. A full-time employment appeal board is created within 3 the department of inspections, appeals, and licensing to hear 4 and decide contested cases under section 70A.28, chapter 8A, 5 subchapter IV , and chapters 20, 80, 88 , 91C , 96 , and 97B . In 6 addition, the employment appeal board has those powers and 7 responsibilities assigned to it by chapter 20. 8 7. An application for rehearing before the appeal board 9 shall be filed pursuant to section 17A.16 , unless otherwise 10 provided in section 70A.28, chapter 8A, subchapter IV , 11 or chapter 20, 80, 88 , 91C , 96 , or 97B . A petition for 12 judicial review of a decision of the appeal board shall be 13 filed pursuant to section 17A.19 . The appeal board may be 14 represented in any such judicial review by an attorney who 15 is a regular salaried employee of the appeal board or who 16 has been designated by the appeal board for that purpose, 17 or at the appeal board’s request, by the attorney general. 18 Notwithstanding the petitioner’s residency requirement in 19 section 17A.19, subsection 2 , a petition for judicial review 20 may be filed in the district court of the county in which the 21 petitioner was last employed or resides, provided that if the 22 petitioner does not reside in this state, the action shall be 23 brought in the district court of Polk county, Iowa, and any 24 other party to the proceeding before the appeal board shall 25 be named in the petition. Notwithstanding the thirty-day 26 requirement in section 17A.19, subsection 6 , the appeal board 27 shall, within sixty days after filing of the petition for 28 judicial review or within a longer period of time allowed by 29 the court, transmit to the reviewing court the original or a 30 certified copy of the entire records of a contested case. The 31 appeal board may also certify to the court, questions of law 32 involved in any decision by the appeal board. Petitions for 33 judicial review and the questions so certified shall be given 34 precedence over all other civil cases except cases arising 35 -1- LSB 1408DP (3) 91 je/js 1/ 3

S.F. _____ H.F. _____ under the workers’ compensation law of this state. No bond 1 shall be required for entering an appeal from any final order, 2 judgment, or decree of the district court to the supreme court. 3 Sec. 2. Section 17A.19, subsection 4, unnumbered paragraph 4 1, Code 2025, is amended to read as follows: 5 The petition for review shall name the agency as respondent 6 and , except as provided in sections 10A.324 and 20.34. All 7 petitions for review shall contain a concise statement of: 8 Sec. 3. Section 96.18, Code 2025, is amended to read as 9 follows: 10 96.18 Nonliability of state. 11 Benefits shall be deemed to be due and payable under this 12 chapter only to the extent provided in this chapter and to the 13 extent that moneys are available therefor to the credit of the 14 unemployment compensation fund , and neither the . The state ; 15 nor the department ; the department of inspections, appeals, and 16 licensing; and the employment appeal board shall not be liable 17 for any amount in excess of such sums. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill provides that the employment appeal board has 22 those powers and responsibilities assigned to it by Code 23 chapter 20, the public employment relations Act. The bill 24 provides that the duties of the board relating to contested 25 cases include contested cases under Code section 70A.28 and 26 Code chapter 20. 2024 Iowa Acts, chapter 1170, eliminated 27 the public employment relations board, which was previously 28 responsible for contested cases under Code section 70A.28 29 and administration of Code chapter 20, and provided that the 30 employment appeal board has such duties. 31 The bill conforms language relating to requirements for the 32 form of petitions for judicial review of agency action under 33 Code chapter 17A, the Iowa administrative procedure Act, to 34 exemptions from the requirements provided under current law in 35 -2- LSB 1408DP (3) 91 je/js 2/ 3

S.F. _____ H.F. _____ Code chapter 10A, subchapter III, and Code chapter 20 relating 1 to the workers’ compensation commissioner and the employment 2 appeal board. 3 The bill provides that the employment appeal board and 4 the department of inspections, appeals, and licensing are 5 not liable for the payment of unemployment benefits that are 6 not due and payable under Code chapter 96 or if moneys are 7 unavailable in the unemployment compensation fund for the 8 payment of such benefits. 9 -3- LSB 1408DP (3) 91 je/js 3/ 3