Iowa 2025-2026 Regular Session

Iowa House Bill HF441 Latest Draft

Bill / Enrolled Version Filed 04/18/2025

                            House File 441 - Enrolled   House File 441   AN ACT   CONCERNING THE FUNCTIONS OF THE EMPLOYMENT APPEAL BOARD; THE   WORKERS COMPENSATION COMMISSIONER; AND THE DEPARTMENT OF   INSPECTIONS, APPEALS, AND LICENSING RELATING TO CONTESTED   CASES, JUDICIAL REVIEW, AND LIABILITY.   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:    Section 1. Section 10A.601, subsections 1 and 7, Code 2025,    are amended to read as follows:    1. A full-time employment appeal board is created within    the department of inspections, appeals, and licensing to hear    and decide contested cases under section 70A.28,   chapter 8A,    subchapter IV , and chapters 20, 80, 88 , 91C , 96 , and 97B . In    addition, the employment appeal board has those powers and      responsibilities assigned to it by chapter 20.      7. An application for rehearing before the appeal board    shall be filed pursuant to section 17A.16 , unless otherwise    provided in section 70A.28,   chapter 8A, subchapter IV ,    or chapter 20, 80, 88 , 91C , 96 , or 97B . A petition for    judicial review of a decision of the appeal board shall be

House File 441, p. 2   filed pursuant to section 17A.19 . The appeal board may be    represented in any such judicial review by an attorney who    is a regular salaried employee of the appeal board or who    has been designated by the appeal board for that purpose,    or at the appeal boards request, by the attorney general.    Notwithstanding the petitioners residency requirement in    section 17A.19, subsection 2 , a petition for judicial review    may be filed in the district court of the county in which the    petitioner was last employed or resides, provided that if the    petitioner does not reside in this state, the action shall be    brought in the district court of Polk county, Iowa, and any    other party to the proceeding before the appeal board shall    be named in the petition. Notwithstanding the thirty-day    requirement in section 17A.19, subsection 6 , the appeal board    shall, within sixty days after filing of the petition for    judicial review or within a longer period of time allowed by    the court, transmit to the reviewing court the original or a    certified copy of the entire records of a contested case. The    appeal board may also certify to the court, questions of law    involved in any decision by the appeal board. Petitions for    judicial review and the questions so certified shall be given    precedence over all other civil cases except cases arising    under the workers compensation law of this state. No bond    shall be required for entering an appeal from any final order,    judgment, or decree of the district court to the supreme court.    Sec. 2. Section 17A.19, subsection 4, unnumbered paragraph    1, Code 2025, is amended to read as follows:    The petition for review shall name the agency as respondent    and   , except as provided in sections 10A.324 and 20.34. All    petitions for review   shall contain a concise statement of:    Sec. 3. Section 96.18, Code 2025, is amended to read as      follows:      96.18 Nonliability of state.    Benefits shall be deemed to be due and payable under this    chapter only to the extent provided in this chapter and to the    extent that moneys are available therefor to the credit of the    unemployment compensation fund , and neither the   . The state ;    nor the department ; the department of inspections, appeals, and

House File 441, p. 3   licensing; and the employment appeal board   shall not be liable    for any amount in excess of such sums.    ______________________________   PAT GRASSLEY   Speaker of the House   ______________________________   AMY SINCLAIR   President of the Senate   I hereby certify that this bill originated in the House and   is known as House File 441, Ninety-first General Assembly.   ______________________________   MEGHAN NELSON   Chief Clerk of the House   Approved _______________, 2025 ______________________________   KIM REYNOLDS   Governor