Bill Text: IA SSB3022 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study 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.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-10 - Voted - State Government. [SSB3022 Detail]
Download: Iowa-2015-SSB3022-Introduced.html
Senate
Study
Bill
3022
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS
BILL)
A
BILL
FOR
An
Act
providing
for
the
use
of
an
electronic
filing
system
for
1
administrative
proceedings
by
the
administrative
hearings
2
division
of
the
department
of
inspections
and
appeals.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
10A.801,
subsection
1,
unnumbered
1
paragraph
1,
Code
2016,
is
amended
to
read
as
follows:
2
For
purposes
of
this
section
article
,
unless
the
context
3
otherwise
requires:
4
Sec.
2.
NEW
SECTION
.
10A.802
Administrative
hearing
5
electronic
filing
system
——
rules.
6
1.
Notwithstanding
section
10A.801,
subsection
7,
paragraph
7
“b”
,
and
section
554D.120,
the
division
may
adopt
rules
pursuant
8
to
this
chapter
and
chapter
17A
establishing
an
electronic
9
filing
system
for
contested
case
and
other
administrative
10
proceedings
conducted
by
the
division
and
prescribing
11
whether
and
to
what
extent
the
division
will
accept,
process,
12
distribute,
and
retain
electronic
records
and
electronic
13
signatures
from
appellants,
governmental
agencies,
and
other
14
persons
with
respect
to
such
proceedings.
15
2.
If
the
division
adopts
rules
pursuant
to
subsection
1,
16
the
rules
may
include
but
are
not
limited
to
the
following:
17
a.
Defining
terms.
18
b.
The
manner
and
format
in
which
an
electronic
record
19
is
created,
generated,
sent,
communicated,
received,
filed,
20
recorded,
and
stored.
21
c.
Establishing
the
electronic
filing
system
to
create,
22
generate,
send,
communicate,
receive,
file,
record,
and
store
23
an
electronic
record.
24
d.
How
a
traditional
written
signature
will
relate
to
an
25
electronic
signature.
26
e.
The
criteria
establishing
when
an
electronic
document
27
must
be
electronically
signed.
28
f.
The
type
of
electronic
signature
required.
29
g.
The
manner
and
format
in
which
an
electronic
signature
is
30
associated
with
an
electronic
record.
31
h.
Who
can
create
an
electronic
signature.
32
i.
The
criteria
and
procedures
to
follow
when
filing
33
an
electronic
document,
including
who
is
allowed
to
file
34
electronically,
how
notice
is
given,
and
electronic
service
of
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process.
1
j.
Establishing
processes
and
procedures
to
ensure
adequate
2
preservation,
integrity,
security,
disposition,
and
audit
3
worthiness
of
the
electronic
records.
4
k.
Establishing
the
criteria
for
the
retention
of
paper
5
documents
when
deemed
necessary
to
promote
the
integrity
of
6
electronic
records.
7
l.
Establishing
the
appropriate
level
of
public
access
8
to
differing
classes
of
electronic
records
and
other
agency
9
records
to
ensure
the
confidentiality
of
any
records
that
are
10
required
by
law
to
be
confidential.
11
m.
Establishing
any
other
process
or
procedures
attributable
12
to
creating,
generating,
communicating,
storing,
processing,
13
and
using
electronic
records
and
electronic
signatures,
and
how
14
these
electronic
records
and
electronic
signatures
will
relate
15
to
nonelectronic
agency
records.
16
3.
Rules
adopted
pursuant
to
this
section
shall
prevail
17
over
any
other
law,
including
chapter
17A,
or
agency
rule
that
18
specifies
the
method,
manner,
or
format
for
sending,
receiving,
19
serving,
retaining,
or
creating
paper
records
or
other
20
documents
related
to
a
contested
case
proceeding,
including
21
but
not
limited
to
a
request
or
demand
for
a
contested
case
22
proceeding,
a
notice
of
hearing,
and
a
proposed
or
final
23
decision.
The
division
may
limit
the
applicability
and
scope
24
of
any
rules
adopted
pursuant
to
this
section
to
one
or
more
25
agencies
or
by
specific
case
type
for
the
purpose
of
testing
26
and
implementing
an
electronic
filing
system.
27
4.
An
electronic
record
that
complies
with
the
rules
adopted
28
under
this
section
shall
prevail
over
any
law,
including
29
chapter
17A,
that
requires
a
written
record,
and
an
electronic
30
signature
that
complies
with
the
rules
adopted
under
this
31
section
shall
prevail
over
any
law
that
requires
a
written
32
signature.
An
electronic
record
or
signature
that
complies
33
with
rules
adopted
under
this
section
shall
not
be
denied
34
legal
effect
or
enforceability
based
solely
because
of
the
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record’s
or
signature’s
electronic
form.
The
determination
1
of
an
electronic
record’s
or
signature’s
legal
consequence
is
2
determined
by
this
chapter,
applicable
law,
and
applicable
3
division
and
agency
rules.
4
5.
Any
electronic
record,
including
but
not
limited
to
a
5
recording
or
transcription
of
oral
proceedings,
maintained
in
6
an
electronic
filing
system
established
by
the
division
shall
7
be
the
official
record
of
the
contested
case
and
maintenance
8
of
the
record
in
the
system
shall
satisfy
the
obligation
of
an
9
agency
to
file
and
maintain
any
such
record.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
permits
the
administrative
hearings
division
14
of
the
department
of
inspections
and
appeals
to
adopt
15
administrative
rules
establishing
an
electronic
filing
system
16
for
contested
case
and
other
administrative
proceedings
17
conducted
by
the
division,
notwithstanding
Code
sections
18
10A.801,
subsection
7,
paragraph
“b”,
and
554D.120.
The
rules
19
would
also
prescribe
whether
and
to
what
extent
the
division
20
will
accept,
process,
distribute,
and
retain
electronic
21
records
and
electronic
signatures
from
appellants,
governmental
22
agencies,
and
other
persons
with
respect
to
such
proceedings.
23
The
bill
provides
for
various
matters
that
may
be
included
24
in
the
rules.
Such
matters
include
but
are
not
limited
25
to
electronic
records;
electronic
signatures;
criteria
and
26
procedures
to
follow
when
filing
an
electronic
document;
27
retention
of
paper
documents;
processes
and
procedures
to
28
ensure
adequate
preservation,
integrity,
security,
disposition,
29
and
audit
worthiness
of
the
electronic
records;
and
public
30
access
to
electronic
records.
31
Rules
adopted
pursuant
to
the
bill
shall
prevail
over
32
any
other
law,
including
Code
chapter
17A,
or
agency
rule
33
that
specifies
the
method,
manner,
or
format
for
sending,
34
receiving,
serving,
retaining,
or
creating
paper
records
or
35
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H.F.
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other
documents
related
to
a
contested
case
proceeding.
The
1
bill
permits
the
division
to
limit
the
applicability
and
scope
2
of
any
such
rules
to
one
or
more
agencies
or
by
specific
case
3
type
for
the
purpose
of
testing
and
implementing
an
electronic
4
information
processing
system.
5
An
electronic
record
that
complies
with
rules
adopted
6
under
the
bill
shall
prevail
over
any
law,
including
Code
7
chapter
17A,
that
requires
a
written
record,
and
an
electronic
8
signature
that
complies
with
such
rules
shall
prevail
over
any
9
law
that
requires
a
written
signature.
An
electronic
record
10
or
signature
that
complies
with
such
rules
shall
not
be
denied
11
legal
effect
or
enforceability
based
solely
because
of
the
12
record’s
or
signature’s
electronic
form.
The
bill
provides
13
that
the
determination
of
an
electronic
record’s
or
signature’s
14
legal
consequence
is
determined
by
the
bill,
applicable
law,
15
and
applicable
division
and
agency
rules.
16
The
bill
provides
that
an
electronic
record
maintained
in
17
an
electronic
filing
system
established
by
the
division
shall
18
be
the
official
record
of
the
contested
case
and
maintenance
19
of
the
record
in
the
system
shall
satisfy
the
obligation
of
an
20
agency
to
file
and
maintain
any
such
record.
21
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