Bills › 90th General Assembly
Relating to interpretation of law in administrative and judicial proceedings under the Iowa administrative procedure Act
Topics:Courts & civil lawState government
Same legislation: HF 645
Where it is now
- Done: IntroducedFebruary 22, 2023
- Done: SubcommitteeFebruary 28, 2023
- Done: House committeeMarch 2, 2023
- Skipped: Passes the HouseContinued as HF 645
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 645 → Its progress continues under the new number. Go to HF 645 What’s a funnel?
What’s in it
AI summary Currently, courts sometimes give special respect to how state agencies interpret laws. This bill changes that rule so courts and presiding officers must interpret laws and agency rules for themselves from scratch. If a court still has doubts after looking at the law, it must choose the interpretation that limits agency power and protects individual freedom.1
Read the official explanation
This bill concerns the interpretation of law in administrative and judicial proceedings under Code chapter 17A, the Iowa administrative procedure Act. Under current law, a court must reverse, modify, or grant other appropriate relief from agency action in specified circumstances if it determines that substantial rights of the person seeking relief have been prejudiced. Such circumstances include agency action based upon an irrational, illogical, or wholly unjustifiable interpretation of a provision of law whose interpretation has clearly been vested by a provision of law in the discretion of the agency. If interpretation of the provision of law has not been clearly vested in the discretion of the agency, the standard of review is instead whether the agency’s interpretation is erroneous. Current law also provides guidance to a court regarding the determination of the degree of deference to be given to the view of an agency, based on whether a provision of law has vested the agency with discretion over the matter in question. The bill strikes these provisions and instead provides that a court must reverse, modify, or grant other appropriate relief from agency action based upon an erroneous interpretation of a provision of law. The bill additionally prohibits a court, or a presiding officer in a contested case or other administrative action subject to Code chapter 17A, when interpreting a state statute or a rule or other agency document subject to Code chapter 17A, from deferring to an agency’s interpretation of the statute, rule, or document, and instead requires the court or officer to interpret its meaning and effect de novo. The bill requires the court or officer, in an action brought by or against an agency, after applying all customary tools of interpretation, to exercise any remaining doubt in favor of a reasonable interpretation that limits agency power and maximizes individual liberty.
House subcommittee
Named February 28, 2023. On March 1, 2023 it recommended amendment and passage. Vote Total: 3-0.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Iowa Code it changes
Lobbying
8 for · 2 against · 18 undecided · Who →
Family tree
90th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Similar bills
- HF 36 Relating to interpretation of law in administrative and judicial proceedings under the Iow…91st General Assembly · Renumbered as HF 853Nearly identical
Matched by wording or an identical title.