Robert J. Schultz v. Iowa Department of Natural Resources, 16-1689

Robert Schultz had purchased Iowa resident hunting licenses for years but the DNR investigated his residency after observing he stayed at his father’s Chariton, Iowa home only on weekends/hunting season.
DNR found Schultz worked in Medina, Minnesota, listed a Minnesota address on tax returns, held a Minnesota driver’s license, and had other ties to Minnesota; DNR concluded he claimed Iowa residence solely for hunting and denied a resident license under Iowa Code § 483A.1A(10)(a).
An ALJ initially relied in part on Iowa Code § 483A.2 (treating an out-of-state driver’s license as a resident privilege) and affirmed denial; the district court reversed on some grounds and remanded, holding a Minnesota driver’s license alone is not dispositive and ALJ should not draw an adverse inference about time spent in Iowa.
On remand the ALJ reheard legal arguments, considered the statutory multifactor test for domicile (not treating the MN license as dispositive), found Schultz failed to meet his burden to prove Iowa was his principal and primary residence, and affirmed the DNR denial.
The district court affirmed the DNR on remand as supported by substantial evidence; the appellate court addressed missing agency record issues, preserved-issue concerns, and whether the ALJ followed remand directives.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ALJ misapplied district court remand (use of MN driver’s license)	ALJ improperly relied on MN license after district court said it was not dispositive	DNR: ALJ considered MN license as one factor among many under the multifactor test	ALJ’s use of the license as one factor was permissible; no erroneous legal interpretation
Whether ALJ drew an adverse inference from Schultz not testifying	Schultz: ALJ improperly penalized him for not testifying after district court rejected an adverse inference	DNR: ALJ simply noted Schultz bore burden and lacked proof on time-in-Iowa	ALJ did not draw an adverse inference on remand; he found Schultz failed to meet his burden
Sufficiency of evidence supporting nonresident finding	Schultz: record shows sufficient Iowa ties; he is a resident	DNR: weight of factors (taxes, employment, MN license, bills) show Minnesota ties predominate	Substantial evidence supports DNR: totality of factors shows Schultz not domiciled in Iowa for hunting-license purposes
Whether other constitutional/statutory challenges preserved for appeal	Schultz raises vagueness, retroactivity, savings statute, burden of proof claims	DNR: those issues were resolved earlier or not preserved on appeal	Issues not preserved in the remand appeal; appellate court declines to address them

Democko v. Iowa Dep’t of Nat. Res., 840 N.W.2d 281 (Iowa 2013) (chapter 483A requires multifactor, totality-of-the-circumstances residency analysis)
Alvarez v. IBP, Inc., 696 N.W.2d 1 (Iowa 2005) (agency record transmission requirement and prejudice inquiry)
Gits Mfg. Co. v. Frank, 855 N.W.2d 195 (Iowa 2014) (substantial-evidence review does not permit reweighing evidence)
Meier v. Senecaut, 641 N.W.2d 532 (Iowa 2002) (issues must be raised and ruled on below to be preserved on appeal)
State ex rel. Goettsch v. Diacide Distribs., Inc., 596 N.W.2d 532 (Iowa 1999) (law-of-the-case doctrine constrains relitigation on remand)
State v. Grosvenor, 402 N.W.2d 402 (Iowa 1987) (explaining law-of-the-case principles)