Bill Text: IA SF459 | 2015-2016 | 86th General Assembly | Amended

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Bill Title: A bill for an act concerning employment of and merit system protection for administrative law judges, workers' compensation commissioners, and the administrator of the administrative hearings division of the department of inspections and appeals. (Formerly SF 297.)

Sponsorship: Committee Bill

Status: (Engrossed - Dead) 2015-03-26 - Subcommittee, Forristall, Hunter, and Sheets. H.J. 718. [SF459 Detail]

Download: Iowa-2015-SF459-Amended.html

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Senate File 459 - Reprinted




                                 SENATE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO SF 297)
       (As Amended and Passed by the Senate March 25, 2015)

                                      A BILL FOR

  1 An Act concerning employment of and merit system protection
  2    for administrative law judges, workers' compensation
  3    commissioners, and the administrator of the administrative
  4    hearings division of the department of inspections and
  5    appeals.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    SF 459 (4) 86
    ec/rj/jh

PAG LIN



  1  1    Section 1.  Section 8A.412, subsection 11, Code 2015, is
  1  2 amended to read as follows:
  1  3    11.  Professional employees under the supervision of the
  1  4 attorney general, the state public defender, the secretary
  1  5 of state, the auditor of state, the treasurer of state, and
  1  6 the public employment relations board. However, employees of
  1  7 the consumer advocate division of the department of justice,
  1  8 other than the consumer advocate, and administrative law judges
  1  9 appointed or employed by the public employment relations board,
  1 10  are subject to the merit system.
  1 11    Sec. 2.  Section 8A.415, subsection 1, paragraph b, Code
  1 12 2015, is amended to read as follows:
  1 13    b.  If not satisfied, the employee may, within thirty
  1 14 calendar days following the director's response, file an
  1 15 appeal with the public employment relations board. The
  1 16 hearing shall be conducted in accordance with the rules of the
  1 17 public employment relations board and the Iowa administrative
  1 18 procedure Act, chapter 17A. Decisions rendered shall be based
  1 19 upon a standard of substantial compliance with this subchapter
  1 20 and the rules of the department. Decisions by the public
  1 21 employment relations board constitute final agency action.
  1 22 However, if the employee is an administrative law judge
  1 23 appointed or employed by the public employment relations board,
  1 24 the employee's appeal shall be heard by an administrative law
  1 25 judge employed by the administrative hearings division of the
  1 26 department of inspections and appeals in accordance with the
  1 27 provisions of section 10A.801, whose decision shall constitute
  1 28 final agency action.
  1 29    Sec. 3.  Section 8A.415, subsection 2, paragraph b, Code
  1 30 2015, is amended to read as follows:
  1 31    b.  If not satisfied, the employee may, within thirty
  1 32 calendar days following the director's response, file an appeal
  1 33 with the public employment relations board. The employee has
  1 34 the right to a hearing closed to the public, unless a public
  1 35 hearing is requested by the employee. The hearing shall
  2  1 otherwise be conducted in accordance with the rules of the
  2  2 public employment relations board and the Iowa administrative
  2  3 procedure Act, chapter 17A. If the public employment relations
  2  4 board finds that the action taken by the appointing authority
  2  5 was for political, religious, racial, national origin, sex,
  2  6 age, or other reasons not constituting just cause, the employee
  2  7 may be reinstated without loss of pay or benefits for the
  2  8 elapsed period, or the public employment relations board may
  2  9 provide other appropriate remedies. Decisions by the public
  2 10 employment relations board constitute final agency action.
  2 11 However, if the employee is an administrative law judge
  2 12 appointed or employed by the public employment relations board,
  2 13 the employee's appeal shall be heard by an administrative law
  2 14 judge employed by the administrative hearings division of the
  2 15 department of inspections and appeals in accordance with the
  2 16 provisions of section 10A.801, whose decision shall constitute
  2 17 final agency action.
  2 18    Sec. 4.  Section 10A.801, subsection 3, paragraph a, Code
  2 19 2015, is amended to read as follows:
  2 20    a.  The department shall employ a sufficient number of
  2 21 administrative law judges to conduct proceedings for which
  2 22 agencies are required, by section 17A.11 or any other provision
  2 23 of law, to use an administrative law judge employed by the
  2 24 division. An administrative law judge employed by the division
  2 25 shall not perform duties inconsistent with the judge's duties
  2 26 and responsibilities as an administrative law judge and shall
  2 27 be located in an office that is separated from the offices of
  2 28 the agencies for which that person acts as a presiding officer.
  2 29 Administrative The administrator and all administrative law
  2 30 judges shall be covered by the merit system provisions of
  2 31 chapter 8A, subchapter IV.
  2 32    Sec. 5.  Section 86.2, subsection 1, paragraphs a and b, Code
  2 33 2015, are amended to read as follows:
  2 34    a.  Chief deputy workers' compensation commissioners for
  2 35 whose acts the commissioner is responsible, who are exempt from
  3  1  who shall be appointed and serve pursuant to the merit system
  3  2 provisions of chapter 8A, subchapter IV, and who shall serve at
  3  3 the pleasure of the commissioner unless the commissioners are
  3  4 otherwise covered by a collective bargaining agreement.
  3  5    b.  Deputy workers' compensation commissioners for whose
  3  6 acts the commissioner is responsible and who shall serve at the
  3  7 pleasure of the commissioner be appointed and serve pursuant
  3  8 to the merit system provisions of chapter 8A, subchapter IV,
  3  9 unless the commissioners are otherwise covered by a collective
  3 10 bargaining agreement.
  3 11    Sec. 6.  Section 96.6, subsection 3, paragraph b, Code 2015,
  3 12 is amended to read as follows:
  3 13    b.  Appeals from the initial determination shall be heard
  3 14 by an administrative law judge employed by the department who
  3 15 shall be covered by the merit system provisions of chapter
  3 16 8A, subchapter IV, unless the administrative law judge is
  3 17 otherwise covered by a collective bargaining agreement. An
  3 18 administrative law judge's decision may be appealed by any
  3 19 party to the employment appeal board created in section
  3 20 10A.601. The decision of the appeal board is final agency
  3 21 action and an appeal of the decision shall be made directly to
  3 22 the district court.
       SF 459 (4) 86
       ec/rj/jh