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
\n
Tue Dec 09 22:32:44 2025 Iowa Code 2026, Chapter 17A (50, 1)
27 IOWA ADMINISTRATIVE PROCEDURE ACT, §17A.34\n\nimposed 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
\n
Notes of Decisions
Cited in
43
cases (
2 in the last 5 years), 1976–2025 · leading case:
Maghee v. State, 773 N.W.2d 228 (Iowa 2009).
Maghee v. State, 773 N.W.2d 228 (Iowa 2009).
· cites it 22× “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 name; and except as to proceedings in process on July 1, 1975, this chapter shall be construed to apply to all…”
Linn Co-Operative Oil Co. v. Quigley, 305 N.W.2d 729 (Iowa 1981).
· cites it 40× “Applicability of the IAPA in this controversy turns on section 17A.23. In relevant part it provides: The Iowa administrative procedure Act shall be construed broadly to effectuate its purposes.”
Polk Cnty. Iowa v. Iowa State Appeal Bd., 330 N.W.2d 267 (Iowa 1983).
· cites it 10× “We, however, cannot construe the language of section 17A.23 in any manner except to conclude that the Board’s decisions are subject to judicial review.”
Cheryl Albaugh v. The Reserve, 930 N.W.2d 676 (Iowa 2019).
· cites it 4× “1(2), (11), (12), so can facilities offer uncertified nursing care? 30 Further, there is no exclusivity provision in the retirement facilities statute.”
Auen v. Alcoholic Beverages Div. of Iowa Dep't of Com., 679 N.W.2d 586 (Iowa 2004).
· cites it 2× “” Iowa Code § 17A.23. The legislature delegated to the ABD the power to enforce, implement, and administer the laws concerning beer, wine and alcoholic liquor contained in chapter 123 of the code.”
Lewis Cent. Educ. Ass'n v. Iowa Bd. of Educ. Examiners, 625 N.W.2d 687 (Iowa 2001).
· cites it 8× “However, our act requires that such a statute expressly exempt an agency decision from review and requires a reference in the statute to the Iowa Administrative Procedure Act.”
Jew v. Univ. of Iowa, 398 N.W.2d 861 (Iowa 1987).
· cites it 6× “1(2) or section 17A.23. The former section forms the preamble to the entire chapter constituting the Iowa Administrative Procedure Act.”
— Iowa Code § 17A.23(1) — 1 case
Cheryl Albaugh v. The Reserve, 930 N.W.2d 676 (Iowa 2019).
“1(2), (11), (12), so can facilities offer uncertified nursing care? 30 Further, there is no exclusivity provision in the retirement facilities statute.”
— Iowa Code § 17A.23(2) — 1 case
— Iowa Code § 17A.23(3) — 7 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.