Bill Text: IA HF415 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to interpretation of law in administrative and judicial proceedings under the Iowa administrative procedure Act.(See HF 645.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Withdrawn. H.J. 673. [HF415 Detail]
Download: Iowa-2023-HF415-Introduced.html
House
File
415
-
Introduced
HOUSE
FILE
415
BY
GUSTOFF
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
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Section
1.
Section
17A.19,
subsection
10,
paragraph
c,
Code
1
2023,
is
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
agency
.
5
Sec.
2.
Section
17A.19,
subsection
10,
paragraph
l,
Code
6
2023,
is
amended
by
striking
the
paragraph.
7
Sec.
3.
Section
17A.19,
subsection
11,
Code
2023,
is
amended
8
by
striking
the
subsection.
9
Sec.
4.
Section
17A.23,
Code
2023,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
5.
Notwithstanding
any
provision
of
12
the
Code
to
the
contrary,
a
court,
or
a
presiding
officer
13
in
a
contested
case
or
other
administrative
action
subject
14
to
this
chapter,
when
interpreting
a
state
statute
or
a
rule
15
or
other
agency
document
subject
to
this
chapter,
shall
not
16
defer
to
an
agency’s
interpretation
of
the
statute,
rule,
or
17
document,
and
must
instead
interpret
its
meaning
and
effect
18
de
novo.
In
an
action
brought
by
or
against
an
agency,
the
19
court
or
officer,
after
applying
all
customary
tools
of
20
interpretation,
must
exercise
any
remaining
doubt
in
favor
21
of
a
reasonable
interpretation
that
limits
agency
power
and
22
maximizes
individual
liberty.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
concerns
the
interpretation
of
law
in
27
administrative
and
judicial
proceedings
under
Code
chapter
17A,
28
the
Iowa
administrative
procedure
Act.
29
Under
current
law,
a
court
must
reverse,
modify,
or
grant
30
other
appropriate
relief
from
agency
action
in
specified
31
circumstances
if
it
determines
that
substantial
rights
of
the
32
person
seeking
relief
have
been
prejudiced.
Such
circumstances
33
include
agency
action
based
upon
an
irrational,
illogical,
34
or
wholly
unjustifiable
interpretation
of
a
provision
of
law
35
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whose
interpretation
has
clearly
been
vested
by
a
provision
1
of
law
in
the
discretion
of
the
agency.
If
interpretation
2
of
the
provision
of
law
has
not
been
clearly
vested
in
the
3
discretion
of
the
agency,
the
standard
of
review
is
instead
4
whether
the
agency’s
interpretation
is
erroneous.
Current
law
5
also
provides
guidance
to
a
court
regarding
the
determination
6
of
the
degree
of
deference
to
be
given
to
the
view
of
an
agency,
7
based
on
whether
a
provision
of
law
has
vested
the
agency
with
8
discretion
over
the
matter
in
question.
The
bill
strikes
these
9
provisions
and
instead
provides
that
a
court
must
reverse,
10
modify,
or
grant
other
appropriate
relief
from
agency
action
11
based
upon
an
erroneous
interpretation
of
a
provision
of
law.
12
The
bill
additionally
prohibits
a
court,
or
a
presiding
13
officer
in
a
contested
case
or
other
administrative
action
14
subject
to
Code
chapter
17A,
when
interpreting
a
state
statute
15
or
a
rule
or
other
agency
document
subject
to
Code
chapter
16
17A,
from
deferring
to
an
agency’s
interpretation
of
the
17
statute,
rule,
or
document,
and
instead
requires
the
court
18
or
officer
to
interpret
its
meaning
and
effect
de
novo.
The
19
bill
requires
the
court
or
officer,
in
an
action
brought
by
20
or
against
an
agency,
after
applying
all
customary
tools
of
21
interpretation,
to
exercise
any
remaining
doubt
in
favor
of
22
a
reasonable
interpretation
that
limits
agency
power
and
23
maximizes
individual
liberty.
24
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