Dems: State Government – week of March 21, 2016

March 29, 2016
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SF 2162 – Electronic filing for administrative proceedings by Department of Inspections & Appeals

 

FLOOR ACTION:

SF 2162 permits the Administrative Hearings Division of the Department of Inspections & Appeals to adopt administrative rules establishing an electronic filing system for contested case and other administrative proceedings, notwithstanding Code sections 10A.801, subsection 7, paragraph “b”, and 554D.120. The rules would also prescribe whether and to what extent the division will accept, process, distribute and retain electronic records and electronic signatures from appellants, government agencies and others with respect to the proceedings.

 

The bill provides for various matters that may be included in the rules, including electronic records, electronic signatures, criteria and procedures to follow when filing an electronic document; retention of paper documents; processes and procedures to ensure adequate preservation, integrity, security, disposition and audit worthiness of the electronic records; and public access to electronic records.

 

Rules adopted will prevail over any other law, including Code chapter 17A, or agency rule that specifies the method, manner or format for sending, receiving, serving, retaining or creating paper records or other documents related to a contested case proceeding. The bill permits the division to limit the applicability and scope of the rules to one or more agencies or by specific case type for the purpose of testing and implementing an electronic information processing system.

 

An electronic record that complies with rules will prevail over any law, including Code chapter 17A, that requires a written record, and an electronic signature that complies will prevail over any law that requires a written signature. An electronic record or signature that complies will not be denied legal effect or enforceability based solely on the record’s or signature’s electronic form. An electronic record’s or signature’s legal consequence is determined by this bill, applicable law, and applicable division and agency rules.

 

An electronic record must be the official record of the contested case and keeping the record in the system must satisfy the obligation of an agency to file and maintain the record. The Senate accepted a House amendment that adopted rules must allow for the filing of paper copies.

[3/23: 50-0]

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