Bill Text: IA SF2162 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act providing for the use of an electronic filing system for administrative proceedings by the administrative hearings division of the department of inspections and appeals. (Formerly SSB 3022.) Effective 7-1-16.
Sponsorship: Committee Bill
Status: (Passed) 2016-04-06 - Signed by Governor. S.J. 649. [SF2162 Detail]
Download: Iowa-2015-SF2162-Enrolled.html
Senate File 2162 - Enrolled
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB
3022)
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A BILL FOR
\1
Senate File 2162
AN ACT
PROVIDING FOR THE USE OF AN ELECTRONIC FILING SYSTEM FOR
ADMINISTRATIVE PROCEEDINGS BY THE ADMINISTRATIVE HEARINGS
DIVISION OF THE DEPARTMENT OF INSPECTIONS AND APPEALS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 10A.801, subsection 1, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
For purposes of this section article, unless the context
otherwise requires:
Sec. 2. NEW SECTION. 10A.802 Administrative hearing
electronic filing system == rules.
1. Notwithstanding section 10A.801, subsection 7, paragraph
"b", and section 554D.120, the division may adopt rules pursuant
to this chapter and chapter 17A establishing an electronic
filing system for contested case and other administrative
proceedings conducted by the division and prescribing
whether and to what extent the division will accept, process,
distribute, and retain electronic records and electronic
signatures from appellants, governmental agencies, and other
persons with respect to such proceedings.
2. If the division adopts rules pursuant to subsection 1,
the rules may include but are not limited to the following:
a. Defining terms.
b. The manner and format in which an electronic record
is created, generated, sent, communicated, received, filed,
recorded, and stored.
c. Establishing the electronic filing system to create,
generate, send, communicate, receive, file, record, and store
an electronic record.
d. How a traditional written signature will relate to an
electronic signature.
e. The criteria establishing when an electronic document
must be electronically signed.
f. The type of electronic signature required.
g. The manner and format in which an electronic signature is
associated with an electronic record.
h. Who can create an electronic signature.
i. The criteria and procedures to follow when filing
an electronic document, including who is allowed to file
electronically, how notice is given, and electronic service of
process.
j. Establishing processes and procedures to ensure adequate
preservation, integrity, security, disposition, and audit
worthiness of the electronic records.
k. Establishing the criteria for the retention of paper
documents when deemed necessary to promote the integrity of
electronic records.
l. Establishing the appropriate level of public access
to differing classes of electronic records and other agency
records to ensure the confidentiality of any records that are
required by law to be confidential.
m. Establishing any other process or procedures attributable
to creating, generating, communicating, storing, processing,
and using electronic records and electronic signatures, and how
these electronic records and electronic signatures will relate
to nonelectronic agency records.
3. Rules adopted pursuant to this section shall provide for
the division's acceptance of the filing of paper documents.
4. Rules adopted pursuant to this section shall prevail
over any other law, including chapter 17A, or agency rule that
specifies the method, manner, or format for sending, receiving,
serving, retaining, or creating paper records or other
documents related to a contested case proceeding, including
but not limited to a request or demand for a contested case
proceeding, a notice of hearing, and a proposed or final
decision. The division may limit the applicability and scope
of any rules adopted pursuant to this section to one or more
agencies or by specific case type for the purpose of testing
and implementing an electronic filing system.
5. An electronic record that complies with the rules adopted
under this section shall prevail over any law, including
chapter 17A, that requires a written record, and an electronic
signature that complies with the rules adopted under this
section shall prevail over any law that requires a written
signature. An electronic record or signature that complies
with rules adopted under this section shall not be denied
legal effect or enforceability based solely because of the
record's or signature's electronic form. The determination
of an electronic record's or signature's legal consequence is
determined by this chapter, applicable law, and applicable
division and agency rules.
6. Any electronic record, including but not limited to a
recording or transcription of oral proceedings, maintained in
an electronic filing system established by the division shall
be the official record of the contested case and maintenance
of the record in the system shall satisfy the obligation of an
agency to file and maintain any such record.
PAM JOCHUM
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2162, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2016
TERRY E. BRANSTAD
Governor
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