House File 853 - Reprinted HOUSE FILE 853 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 36) (As Amended and Passed by the House March 17, 2026 ) A BILL FOR An Act relating to interpretation of law in administrative and 1 judicial proceedings under the Iowa administrative procedure 2 Act. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 853 (2) 91 je/ko/md

H.F. 853 Section 1. Section 17A.19, subsection 10, paragraphs c and 1 l, Code 2026, are amended to read as follows: 2 c. Based upon an erroneous interpretation of a provision 3 of law whose interpretation has not clearly been vested by a 4 provision of law in the discretion of the by an agency that is 5 not a licensing board as defined in section 272C.1 . 6 l. (1) Based upon an erroneous interpretation of a 7 provision of law by a licensing board as defined in section 8 272C.1 if interpretation of the provision of law has not 9 clearly been vested by a provision of law in the discretion of 10 the licensing board. 11 (2) Based upon an irrational, illogical, or wholly 12 unjustifiable interpretation of a provision of law whose by a 13 licensing board as defined in section 272C.1 if interpretation 14 of the provision of law has clearly been vested by a provision 15 of law in the discretion of the agency licensing board . 16 Sec. 2. Section 17A.19, subsection 11, Code 2026, is amended 17 to read as follows: 18 11. In making the determinations required by subsection 10 , 19 paragraphs “a” through “n” paragraph “l” , the court shall do all 20 of the following: 21 a. Shall not give any deference to the view of the agency 22 licensing board with respect to whether particular matters have 23 been vested by a provision of law in the discretion of the 24 agency licensing board . 25 b. Should Shall not give any deference to the view of the 26 agency licensing board with respect to particular matters that 27 have not been vested by a provision of law in the discretion of 28 the agency licensing board . 29 c. Shall give appropriate deference to the view of the 30 agency licensing board with respect to particular matters that 31 have been vested by a provision of law in the discretion of the 32 agency licensing board . 33 Sec. 3. Section 17A.23, Code 2026, is amended by adding the 34 following new subsection: 35 -1- HF 853 (2) 91 je/ko/md 1/ 2

H.F. 853 NEW SUBSECTION . 5. a. Notwithstanding any provision of the 1 Code or Acts to the contrary, a court, or a presiding officer 2 in a contested case or other administrative action subject to 3 this chapter, when interpreting a state statute or a rule or 4 other agency document subject to this chapter, shall not defer 5 to an interpretation of the statute, rule, or document by an 6 agency that is not a licensing board as defined in section 7 272.1, and must instead interpret the meaning and effect of the 8 statute, rule, or document de novo. 9 b. In an action brought by or against an agency that is not 10 a licensing board as defined in section 272C.1, the court or 11 officer, after applying all customary tools of interpretation, 12 must exercise any remaining doubt in favor of a reasonable 13 interpretation that limits agency authority. 14 -2- HF 853 (2) 91 je/ko/md 2/ 2