Bill Text: IA SF2194 | 2015-2016 | 86th General Assembly | Enrolled

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Bill Title: A bill for an act concerning administrative law judges appointed or employed by the public employment relations board. (Formerly SF 2129.) Effective 7-1-16.

Sponsorship: Committee Bill

Status: (Passed) 2016-04-06 - Signed by Governor. S.J. 649. [SF2194 Detail]

Download: Iowa-2015-SF2194-Enrolled.html

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Senate File 2194 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON LABOR AND
                                  BUSINESS RELATIONS

                              (SUCCESSOR TO SF 2129)
 \5
                                   A BILL FOR
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                                       Senate File 2194

                             AN ACT
 CONCERNING ADMINISTRATIVE LAW JUDGES APPOINTED OR EMPLOYED BY
    THE PUBLIC EMPLOYMENT RELATIONS BOARD.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 8A.412, subsection 11, Code 2016, is
 amended to read as follows:
    11.  Professional employees under the supervision of the
 attorney general, the state public defender, the secretary
 of state, the auditor of state, the treasurer of state, and
 the public employment relations board. However, employees of
 the consumer advocate division of the department of justice,
 other than the consumer advocate, and administrative law judges
 appointed or employed by the public employment relations board
  are subject to the merit system.
    Sec. 2.  Section 8A.415, subsection 1, paragraph b, Code
 2016, is amended to read as follows:
    b.  If not satisfied, the employee may, within thirty
 calendar days following the director's response, file an
 appeal with the public employment relations board. The
 hearing shall be conducted in accordance with the rules of the
 public employment relations board and the Iowa administrative
 procedure Act, chapter 17A.  Decisions rendered shall be based
 upon a standard of substantial compliance with this subchapter
 and the rules of the department. Decisions by the public
 employment relations board constitute final agency action.
 However, if the employee is an administrative law judge
 appointed or employed by the public employment relations board,
 the employee's appeal shall be heard by an administrative law
 judge employed by the administrative hearings division of the
 department of inspections and appeals in accordance with the
 provisions of section 10A.801, whose decision shall constitute
 final agency action.
    Sec. 3.  Section 8A.415, subsection 2, paragraph b, Code
 2016, is amended to read as follows:
    b.  If not satisfied, the employee may, within thirty
 calendar days following the director's response, file an appeal
 with the public employment relations board. The employee has
 the right to a hearing closed to the public, unless a public
 hearing is requested by the employee. The hearing shall
 otherwise be conducted in accordance with the rules of the
 public employment relations board and the Iowa administrative
 procedure Act, chapter 17A.  If the public employment relations
 board finds that the action taken by the appointing authority
 was for political, religious, racial, national origin, sex,
 age, or other reasons not constituting just cause, the employee
 may be reinstated without loss of pay or benefits for the
 elapsed period, or the public employment relations board may
 provide other appropriate remedies. Decisions by the public
 employment relations board constitute final agency action.
 However, if the employee is an administrative law judge
 appointed or employed by the public employment relations board,
 the employee's appeal shall be heard by an administrative law
 judge employed by the administrative hearings division of the
  department of inspections and appeals in accordance with the
 provisions of section 10A.801, whose decision shall constitute
 final agency action.


                                                             
                               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 2194, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2016


                                                             
                               TERRY E. BRANSTAD
                               Governor

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