Read the full stored bill text
House
File
717
-
Introduced
HOUSE
FILE
717
BY
WILLS
A
BILL
FOR
An
Act
relating
to
procedures
for,
and
judicial
review
of,
1
licensing
and
including
effective
date
and
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2665YH
(2)
91
je/ko
H.F.
717
Section
1.
Section
17A.18,
subsection
1,
Code
2025,
is
1
amended
to
read
as
follows:
2
1.
When
the
The
grant,
denial,
or
renewal
of
a
license
is
3
required
by
Constitution
or
statute
to
shall
be
preceded
by
4
notice
and
opportunity
for
an
evidentiary
hearing,
and
the
5
provisions
of
this
chapter
concerning
contested
cases
apply
to
6
such
action
.
7
Sec.
2.
NEW
SECTION
.
27D.1
Definitions.
8
As
used
in
this
chapter,
unless
the
context
otherwise
9
requires:
10
1.
“Agency”
means
the
same
as
defined
in
section
17A.2.
11
2.
“Agency
action”
means
the
same
as
defined
in
section
12
17A.2.
13
3.
“Contested
case”
means
the
same
as
defined
in
section
14
17A.2.
15
4.
“License”
means
the
same
as
defined
in
section
17A.2.
16
5.
“Licensing”
means
the
same
as
defined
in
section
17A.2.
17
Sec.
3.
NEW
SECTION
.
27D.2
Criteria
for
licenses
——
clear
18
and
unambiguous
language.
19
1.
Any
criterion
in
statute,
rule,
or
other
agency
action
20
for
licensing
of
a
constitutionally
protected
activity
shall
be
21
specified
in
clear
and
unambiguous
language.
Any
criterion
in
22
violation
of
this
section
shall
be
void
and
unenforceable.
23
2.
In
determining
whether
language
is
clear
and
24
unambiguous,
a
court
shall
not
give
any
presumption
in
favor
of
25
the
validity
of
a
criterion
and
shall
not
give
any
deference
to
26
the
view
of
an
agency.
27
Sec.
4.
NEW
SECTION
.
27D.3
Time
period
for
license
28
applications.
29
When
the
time
period
for
an
agency
to
make
a
decision
on
an
30
application
for
a
license
is
not
specified
in
statute,
the
time
31
period
shall
be
thirty
days.
An
agency
and
an
applicant
for
a
32
license
may
mutually
agree
to
extend
the
thirty-day
period.
33
Sec.
5.
NEW
SECTION
.
27D.4
Contested
cases
on
licensing
34
decisions
——
requirements.
35
-1-
LSB
2665YH
(2)
91
je/ko
1/
6
H.F.
717
1.
This
section
shall
apply
to
a
contested
case
proceeding
1
on
a
licensing
decision
by
an
agency.
2
a.
The
rules
of
civil
procedure
and
the
rules
of
evidence
3
shall
apply.
4
b.
All
proceedings
shall
be
conducted
orally
and
shall
be
5
recorded
at
the
agency’s
expense
either
by
mechanized
means
or
6
by
certified
shorthand
reporters.
7
c.
On
application
of
a
party
or
the
agency,
an
8
administrative
law
judge
may
permit
a
deposition
of
a
witness
9
to
be
taken
if
the
witness
cannot
be
subpoenaed
or
is
unable
10
to
attend
a
hearing.
Such
a
deposition
shall
be
taken
in
the
11
manner
and
on
the
terms
designated
by
the
administrative
law
12
judge.
13
d.
The
agency
shall
have
the
burden
of
persuasion.
The
14
agency
shall
have
the
burden
of
proof
by
a
preponderance
of
the
15
evidence
unless
a
higher
burden
of
proof
is
provided
by
law.
16
e.
In
addition
to
the
grounds
specified
in
section
17A.11,
17
subsection
2,
any
person
serving
or
designated
to
serve
18
alone
or
with
others
as
a
presiding
officer
is
subject
to
19
disqualification
for
lack
of
technical
expertise
necessary
to
20
effectively
preside
at
a
hearing.
21
2.
Chapter
17A
and
other
provisions
of
law
relating
to
22
contested
case
hearings
shall
apply
to
a
contested
case
23
proceeding
on
a
licensing
decision
by
an
agency
where
such
24
requirements
are
not
in
conflict
with
this
section.
However,
25
section
17A.10
shall
apply
to
all
of
the
requirements
provided
26
in
this
section.
27
Sec.
6.
NEW
SECTION
.
27D.5
Judicial
review
of
licensing
28
decisions.
29
1.
In
any
action
for
judicial
review
of
final
agency
action
30
on
a
licensing
decision,
the
parties
shall
be
entitled
to
a
31
speedy
and
public
determination
by
the
court.
If
requested
32
by
a
party
to
such
an
action
within
thirty
days
after
a
33
petition
for
judicial
review
is
filed,
the
court
shall
hold
an
34
evidentiary
hearing,
including
testimony
and
argument,
to
the
35
-2-
LSB
2665YH
(2)
91
je/ko
2/
6
H.F.
717
extent
necessary
to
make
the
determination.
The
court
shall
1
review
de
novo
all
relevant
questions
of
law,
including
the
2
interpretation
of
constitutional,
statutory,
and
regulatory
3
provisions,
unless
the
parties
stipulate
otherwise.
On
demand
4
of
any
party,
a
determination
of
facts
shall
be
made
by
a
jury.
5
2.
Relevant
and
admissible
exhibits
and
testimony
that
6
were
not
received
during
contested
case
proceedings
shall
be
7
admitted
by
the
court
if
compliant
with
the
rules
of
evidence.
8
An
objection
that
a
party
failed
to
make
to
evidence
offered
9
during
contested
case
proceedings
shall
be
considered
by
the
10
court
unless
either
of
the
following
is
true:
11
a.
The
exhibit,
testimony,
or
objection
was
withheld
for
12
purposes
of
delay,
harassment,
or
other
improper
purpose.
13
b.
Allowing
admission
of
the
exhibit
or
testimony
or
14
consideration
of
the
objection
would
cause
substantial
15
prejudice
to
another
party.
16
3.
Section
17A.19
and
other
provisions
of
law
relating
to
17
judicial
review
of
agency
action
shall
apply
to
judicial
review
18
of
a
licensing
decision
by
an
agency
where
such
requirements
19
are
not
in
conflict
with
this
section.
20
Sec.
7.
NEW
SECTION
.
27D.6
Conflicts
with
other
provisions
21
of
state
law.
22
Except
as
otherwise
provided
in
this
chapter,
the
provisions
23
of
this
chapter
apply
notwithstanding
any
other
provision
of
24
state
law
to
the
contrary,
including
but
not
limited
to
chapter
25
17A.
26
Sec.
8.
REPORT
TO
GENERAL
ASSEMBLY
ON
IMPACT
TO
27
AGENCIES.
Any
agency,
as
defined
in
section
17A.2,
may
submit
28
a
report
to
the
governor
and
the
general
assembly
by
January
29
1,
2026,
regarding
the
impact
of
this
Act
on
the
functions
of
30
the
agency.
The
report
may
include
recommendations,
proposed
31
legislation,
and
any
other
relevant
information.
An
agency
may
32
consult
with
interested
stakeholders
when
preparing
the
report.
33
Sec.
9.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
2026.
34
Sec.
10.
APPLICABILITY.
This
Act
applies
to
agency
action,
35
-3-
LSB
2665YH
(2)
91
je/ko
3/
6
H.F.
717
as
defined
in
section
17A.2,
and
judicial
review
thereof,
1
commenced
on
or
after
the
effective
date
of
this
Act.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
procedures
for,
and
judicial
review
of,
6
licensing.
7
The
bill
defines
“license”
as
the
same
as
provided
in
8
Code
chapter
17A:
the
whole
or
a
part
of
any
agency
permit,
9
certificate,
approval,
registration,
charter,
or
similar
form
10
of
permission
required
by
statute.
Additional
definitions
in
11
the
bill
are
the
same
as
defined
in
Code
chapter
17A.
12
The
bill
requires
that
any
criterion
in
statute,
rule,
13
or
other
agency
action
for
licensing
of
a
constitutionally
14
protected
activity
be
specified
in
clear
and
unambiguous
15
language.
Any
criterion
in
violation
of
this
requirement
shall
16
be
void
and
unenforceable.
In
determining
whether
language
is
17
clear
and
unambiguous,
a
court
shall
not
give
any
presumption
18
in
favor
of
the
validity
of
a
criterion
and
shall
not
give
any
19
deference
to
the
view
of
an
agency.
20
The
bill
provides
that
when
the
time
period
for
an
agency
21
to
make
a
decision
on
an
application
for
a
license
is
not
22
specified
in
statute,
the
time
period
shall
be
30
days
unless
23
an
agency
and
an
applicant
for
a
license
mutually
agree
to
24
extend
the
period.
25
The
bill
provides
requirements
that
apply
to
a
contested
26
case
proceeding
on
a
licensing
decision
by
an
agency.
The
bill
27
provides
that
the
rules
of
civil
procedure
and
the
rules
of
28
evidence
shall
apply.
The
bill
provides
that
all
proceedings
29
shall
be
conducted
orally
and
shall
be
recorded
at
the
agency’s
30
expense.
On
application
of
a
party
or
the
agency,
the
bill
31
authorizes
an
administrative
law
judge
to
permit
a
deposition
32
of
a
witness
to
be
taken
if
the
witness
cannot
be
subpoenaed
33
or
is
unable
to
attend
a
hearing.
The
bill
provides
that
34
the
agency
shall
have
the
burden
of
persuasion.
The
bill
35
-4-
LSB
2665YH
(2)
91
je/ko
4/
6
H.F.
717
provides
that
the
agency
shall
have
the
burden
of
proof
by
a
1
preponderance
of
the
evidence
unless
a
higher
burden
of
proof
2
is
provided
by
law.
The
bill
provides
that
any
person
serving
3
as
a
presiding
officer
is
subject
to
disqualification
for
lack
4
of
technical
expertise
necessary
to
effectively
preside
at
a
5
hearing.
The
bill
specifies
that
Code
chapter
17A
and
other
6
provisions
of
law
relating
to
contested
case
hearings
shall
7
apply
to
a
contested
case
proceeding
on
a
licensing
decision
by
8
an
agency
where
such
requirements
are
not
in
conflict
with
the
9
bill.
10
The
bill
provides
requirements
that
apply
to
an
action
11
for
judicial
review
of
final
agency
action
on
a
licensing
12
decision.
The
bill
provides
that
the
parties
shall
be
entitled
13
to
a
speedy
and
public
determination
by
the
court.
The
bill
14
provides
that
the
court
shall
hold
an
evidentiary
hearing,
to
15
the
extent
necessary
to
make
the
determination,
if
requested
16
by
a
party
to
such
an
action
within
30
days
after
a
petition
17
for
judicial
review
is
filed.
The
bill
provides
that
the
18
court
shall
review
de
novo
all
relevant
questions
of
law,
19
including
the
interpretation
of
constitutional,
statutory,
and
20
regulatory
provisions,
unless
the
parties
stipulate
otherwise.
21
The
bill
provides
that
a
determination
of
facts
shall
be
made
22
by
a
jury
on
demand
of
any
party.
The
bill
provides
that
23
relevant
and
admissible
exhibits
and
testimony
that
were
not
24
received
during
contested
case
proceedings
shall
be
admitted
25
by
the
court
if
compliant
with
the
rules
of
evidence.
The
bill
26
provides
procedures
for
consideration
of
objections
that
a
27
party
failed
to
make
to
evidence
offered
during
contested
case
28
proceedings.
The
bill
specifies
that
Code
section
17A.19
and
29
other
provisions
of
law
relating
to
judicial
review
of
agency
30
action
shall
apply
to
judicial
review
of
a
licensing
decision
31
by
an
agency
where
such
requirements
are
not
in
conflict
with
32
the
bill.
33
The
provisions
of
the
bill
apply
notwithstanding
any
other
34
provision
of
state
law
to
the
contrary.
35
-5-
LSB
2665YH
(2)
91
je/ko
5/
6
H.F.
717
The
bill
strikes
language
in
Code
chapter
17A
specifying
1
that
the
provisions
of
Code
chapter
17A
concerning
contested
2
cases
apply
to
licensing
decisions
by
agencies
only
when
notice
3
and
opportunity
for
an
evidentiary
hearing
are
required
by
4
Constitution
or
statute.
The
bill
instead
provides
that
the
5
provisions
of
Code
chapter
17A
concerning
contested
cases
6
always
apply
to
such
decisions.
7
The
bill
authorizes
an
agency
to
submit
a
report
to
the
8
governor
and
the
general
assembly
by
January
1,
2026,
regarding
9
the
impact
of
the
bill
on
the
functions
of
the
agency.
The
10
report
may
include
recommendations,
proposed
legislation,
and
11
any
other
relevant
information.
12
The
bill
takes
effect
July
1,
2026,
and
applies
to
agency
13
action,
and
judicial
review
thereof,
commenced
on
or
after
that
14
date.
15
-6-
LSB
2665YH
(2)
91
je/ko
6/
6