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House
File
853
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HOUSE
FILE
853
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
36)
(As
Amended
and
Passed
by
the
House
March
17,
2026
)
A
BILL
FOR
An
Act
relating
to
interpretation
of
law
in
administrative
and
1
judicial
proceedings
under
the
Iowa
administrative
procedure
2
Act.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
17A.19,
subsection
10,
paragraphs
c
and
1
l,
Code
2026,
are
amended
to
read
as
follows:
2
c.
Based
upon
an
erroneous
interpretation
of
a
provision
3
of
law
whose
interpretation
has
not
clearly
been
vested
by
a
4
provision
of
law
in
the
discretion
of
the
by
an
agency
that
is
5
not
a
licensing
board
as
defined
in
section
272C.1
.
6
l.
(1)
Based
upon
an
erroneous
interpretation
of
a
7
provision
of
law
by
a
licensing
board
as
defined
in
section
8
272C.1
if
interpretation
of
the
provision
of
law
has
not
9
clearly
been
vested
by
a
provision
of
law
in
the
discretion
of
10
the
licensing
board.
11
(2)
Based
upon
an
irrational,
illogical,
or
wholly
12
unjustifiable
interpretation
of
a
provision
of
law
whose
by
a
13
licensing
board
as
defined
in
section
272C.1
if
interpretation
14
of
the
provision
of
law
has
clearly
been
vested
by
a
provision
15
of
law
in
the
discretion
of
the
agency
licensing
board
.
16
Sec.
2.
Section
17A.19,
subsection
11,
Code
2026,
is
amended
17
to
read
as
follows:
18
11.
In
making
the
determinations
required
by
subsection
10
,
19
paragraphs
“a”
through
“n”
paragraph
“l”
,
the
court
shall
do
all
20
of
the
following:
21
a.
Shall
not
give
any
deference
to
the
view
of
the
agency
22
licensing
board
with
respect
to
whether
particular
matters
have
23
been
vested
by
a
provision
of
law
in
the
discretion
of
the
24
agency
licensing
board
.
25
b.
Should
Shall
not
give
any
deference
to
the
view
of
the
26
agency
licensing
board
with
respect
to
particular
matters
that
27
have
not
been
vested
by
a
provision
of
law
in
the
discretion
of
28
the
agency
licensing
board
.
29
c.
Shall
give
appropriate
deference
to
the
view
of
the
30
agency
licensing
board
with
respect
to
particular
matters
that
31
have
been
vested
by
a
provision
of
law
in
the
discretion
of
the
32
agency
licensing
board
.
33
Sec.
3.
Section
17A.23,
Code
2026,
is
amended
by
adding
the
34
following
new
subsection:
35
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H.F.
853
NEW
SUBSECTION
.
5.
a.
Notwithstanding
any
provision
of
the
1
Code
or
Acts
to
the
contrary,
a
court,
or
a
presiding
officer
2
in
a
contested
case
or
other
administrative
action
subject
to
3
this
chapter,
when
interpreting
a
state
statute
or
a
rule
or
4
other
agency
document
subject
to
this
chapter,
shall
not
defer
5
to
an
interpretation
of
the
statute,
rule,
or
document
by
an
6
agency
that
is
not
a
licensing
board
as
defined
in
section
7
272.1,
and
must
instead
interpret
the
meaning
and
effect
of
the
8
statute,
rule,
or
document
de
novo.
9
b.
In
an
action
brought
by
or
against
an
agency
that
is
not
10
a
licensing
board
as
defined
in
section
272C.1,
the
court
or
11
officer,
after
applying
all
customary
tools
of
interpretation,
12
must
exercise
any
remaining
doubt
in
favor
of
a
reasonable
13
interpretation
that
limits
agency
authority.
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