Bill > HF717

Introduced Session

This bill relates to procedures for, and judicial review of, licensing. The bill defines “license” as the same as provided in Code chapter 17A: the whole or a part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by statute. Additional definitions in the bill are the same as defined in Code chapter 17A. The bill requires that any criterion in statute, rule, or other agency action for licensing of a constitutionally protected activity be specified in clear and unambiguous language. Any criterion in violation of this requirement shall be void and unenforceable. In determining whether language is clear and unambiguous, a court shall not give any presumption in favor of the validity of a criterion and shall not give any deference to the view of an agency. The bill provides that when the time period for an agency to make a decision on an application for a license is not specified in statute, the time period shall be 30 days unless an agency and an applicant for a license mutually agree to extend the period. The bill provides requirements that apply to a contested case proceeding on a licensing decision by an agency. The bill provides that the rules of civil procedure and the rules of evidence shall apply. The bill provides that all proceedings shall be conducted orally and shall be recorded at the agency’s expense. On application of a party or the agency, the bill authorizes an administrative law judge to permit a deposition of a witness to be taken if the witness cannot be subpoenaed or is unable to attend a hearing. The bill provides that the agency shall have the burden of persuasion. The bill provides that the agency shall have the burden of proof by a preponderance of the evidence unless a higher burden of proof is provided by law. The bill provides that any person serving as a presiding officer is subject to disqualification for lack of technical expertise necessary to effectively preside at a hearing. The bill specifies that Code chapter 17A and other provisions of law relating to contested case hearings shall apply to a contested case proceeding on a licensing decision by an agency where such requirements are not in conflict with the bill. The bill provides requirements that apply to an action for judicial review of final agency action on a licensing decision. The bill provides that the parties shall be entitled to a speedy and public determination by the court. The bill provides that the court shall hold an evidentiary hearing, to the extent necessary to make the determination, if requested by a party to such an action within 30 days after a petition for judicial review is filed. The bill provides that the court shall review de novo all relevant questions of law, including the interpretation of constitutional, statutory, and regulatory provisions, unless the parties stipulate otherwise. The bill provides that a determination of facts shall be made by a jury on demand of any party. The bill provides that relevant and admissible exhibits and testimony that were not received during contested case proceedings shall be admitted by the court if compliant with the rules of evidence. The bill provides procedures for consideration of objections that a party failed to make to evidence offered during contested case proceedings. The bill specifies that Code section 17A.19 and other provisions of law relating to judicial review of agency action shall apply to judicial review of a licensing decision by an agency where such requirements are not in conflict with the bill. The provisions of the bill apply notwithstanding any other provision of state law to the contrary. The bill strikes language in Code chapter 17A specifying that the provisions of Code chapter 17A concerning contested cases apply to licensing decisions by agencies only when notice and opportunity for an evidentiary hearing are required by Constitution or statute. The bill instead provides that the provisions of Code chapter 17A concerning contested cases always apply to such decisions. The bill authorizes an agency to submit a report to the governor and the general assembly by January 1, 2026, regarding the impact of the bill on the functions of the agency. The report may include recommendations, proposed legislation, and any other relevant information. The bill takes effect July 1, 2026, and applies to agency action, and judicial review thereof, commenced on or after that date.

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John Wills (R)*, 

Introduced, referred to State Government. H.J. 484. (on 03/03/2025)

Official Document