17A.23 Construction — delegation of authority.
1. Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those created or imposed by every other statute in existence on July 1, 1975, or enacted after that date. If any other statute in existence on July 1, 1975, or enacted after that date diminishes a right conferred upon a person by this chapter or diminishes a requirement imposed upon an agency by this chapter, this chapter shall take precedence unless the other statute expressly provides that it shall take precedence over all or some specified portion of this cited chapter.
2. This chapter shall be construed broadly to effectuate its purposes. This chapter shall also be construed to apply to all agencies not expressly exempted by this chapter or by another statute specifically referring to this chapter by citation; and except as to proceedings in process on July 1, 1975, this chapter shall be construed to apply to all covered agency proceedings and all agency action not expressly exempted by this chapter or by another statute specifically referring to this chapter by citation.
3. An agency shall have only that authority or discretion delegated to or conferred upon the agency by law and shall not expand or enlarge its authority or discretion beyond the powers delegated to or conferred upon the agency. Unless otherwise specifically provided in statute, a grant of rulemaking authority shall be construed narrowly.
4. An agency shall not implement or enforce any standard, requirement, or threshold, including any term or condition of a permit or license issued by the agency, unless that standard, requirement, or threshold is clearly required or clearly permitted by a state statute, rule adopted pursuant to this chapter, or a federal statute or regulation, or is required by a court ruling, a state or federal executive order, a state or federal directive that would result in the gain or loss of specific funding, or a federal waiver.
[C75, 77, 79, 81, §17A.23]
89 Acts, ch 83, §11; 98 Acts, ch 1202, §25, 46; 2005 Acts, ch 3, §16; 2013 Acts, ch 114, §5; 2018 Acts, ch 1040, §1
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Chapter 17A - IOWA ADMINISTRATIVE PROCEDURE ACT
Section 17A.1 - Citation and statement of purpose.
Section 17A.3 - Public information — adoption of rules — availability of rules and orders.
Section 17A.4 - Procedure for adoption of rules.
Section 17A.4A - Regulatory analysis.
Section 17A.4B - Jobs impact statement.
Section 17A.5 - Filing and taking effect of rules.
Section 17A.6 - Publications — copy of standards adopted by reference.
Section 17A.6A - Rulemaking internet site.
Section 17A.6B - Agency fees internet site — notice.
Section 17A.8 - Administrative rules review committee.
Section 17A.9 - Declaratory orders.
Section 17A.10 - Informal settlements — waiver.
Section 17A.10A - Contested cases — no factual dispute.
Section 17A.11 - Presiding officer, disqualification, substitution.
Section 17A.12 - Contested cases — notice — hearing — records.
Section 17A.13 - Subpoenas — discovery.
Section 17A.14 - Rules of evidence — official notice.
Section 17A.15 - Final decisions — proposed decisions — conclusiveness — review by the agency.
Section 17A.16 - Decisions and orders — rehearing.
Section 17A.17 - Ex parte communications and separation of functions.
Section 17A.18A - Emergency adjudicative proceedings.
Section 17A.19 - Judicial review.
Section 17A.21 - Inconsistency with federal law.
Section 17A.22 - Agency authority to implement chapter.
Section 17A.23 - Construction — delegation of authority.
Section 17A.33 - Review by administrative rules review committee — priority.
Section 17A.34 - Competition with private enterprise — notice for proposed rules.