Swanson v. Civil Commitment Unit for Sex Offenders

(specially concurring).

I specially concur in the outcome of this case. I write separately because I believe the majority applies the wrong legal framework to resolve the issue presented in this appeal.

In his petition, Swanson seeks judicial review of a final agency action, which held that he was not entitled to a contested case hearing in connection with disciplinary matters under the applicable administrative procedures. He desires an evidentia-ry hearing before the agency to determine the validity of the underlying discipline.

These claims were brought under the Iowa Administrative…