HF 853 (LSB 1539HV (2) 91)

HOUSE FILE 853

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 36)

(As Amended and Passed by the House 2026-03-17)

A BILL FOR

An Act relating to interpretation of law in administrative and judicial proceedings under the Iowa administrative procedure Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 17A.19, subsection 10, paragraphs c and l, Code 2026, are amended to read as follows:
   c.  Based upon an erroneous interpretation of a provision of law whose interpretation has not clearly been vested by a provision of law in the discretion of the by an agency that is not a licensing board as defined in section 272C.1.
   l.  (1)  Based upon an erroneous interpretation of a provision of law by a licensing board as defined in section 272C.1 if interpretation of the provision of law has not clearly been vested by a provision of law in the discretion of the licensing board.
   (2)  Based upon an irrational, illogical, or wholly unjustifiable interpretation of a provision of law whose by a licensing board as defined in section 272C.1 if interpretation of the provision of law has clearly been vested by a provision of law in the discretion of the agency licensing board.
    Sec. 2.  Section 17A.19, subsection 11, Code 2026, is amended to read as follows:
   11.  In making the determinations required by subsection 10, paragraphs “a” through “n” paragraph “l”, the court shall do all of the following:
   a.  Shall not give any deference to the view of the agency licensing board with respect to whether particular matters have been vested by a provision of law in the discretion of the agency licensing board.
   b.  Should Shall not give any deference to the view of the agency licensing board with respect to particular matters that have not been vested by a provision of law in the discretion of the agency licensing board.
   c.  Shall give appropriate deference to the view of the agency licensing board with respect to particular matters that have been vested by a provision of law in the discretion of the agency licensing board.
    Sec. 3.  Section 17A.23, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  a.  Notwithstanding any provision of the Code or Acts to the contrary, a court, or a presiding officer in a contested case or other administrative action subject to this chapter, when interpreting a state statute or a rule or other agency document subject to this chapter, shall not defer to an interpretation of the statute, rule, or document by an agency that is not a licensing board as defined in section 272.1, and must instead interpret the meaning and effect of the statute, rule, or document de novo.
   b.  In an action brought by or against an agency that is not a licensing board as defined in section 272C.1, the court or officer, after applying all customary tools of interpretation, must exercise any remaining doubt in favor of a reasonable interpretation that limits agency authority.