(dissenting).
I dissent. This controversy arose over the Department of Agriculture’s right to gather records from plaintiff Grains of Iowa under the provisions of Iowa Code section 203.9. This code provision limits the agency’s authority to inspect only those documents which pertain to grain purchases. The agency sought and continues to seek additional records plaintiff, under this code provision, is not required to provide.
This case asks that we declare the Code limits the department to only obtain those documents pertaining to grain purchases. There is a basis for plaintiff’s action and it is not premature.
I would grant plaintiff the relief it requests and order that the department be instructed the failure of a grain dealer to provide books not pertaining to grain purchases on demand of the agency during an ordinary inspection does not constitute a failure of the grain dealer to submit to an inspection and does not revoke or suspend the license of the dealer. If the agency is to have additional powers of inspection, those additional powers should be given by the legislature and not created by the agency’s own actions.
This is not a case of an agency merely completing its task; rather, it is a case of an agency seeking to exercise powers it does not have to inquire in the affairs of a business.