House File 2089
HOUSE FILE
BY LUKAN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the approval of administrative rules by the
2 administrative rules review committee and setting standards
3 for that approval.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5776HH 80
6 jr/sh/8
PAG LIN
1 1 Section 1. Section 17A.5, subsection 2, Code 2003, is
1 2 amended to read as follows:
1 3 2. A rule adopted after July 1, 1975, is effective thirty=
1 4 five days after filing, as required in this section, and
1 5 indexing, and publication in the Iowa administrative bulletin,
1 6 and approval by the administrative rules review committee
1 7 except that:
1 8 a. If a later date is required by statute or specified in
1 9 the rule, the later date is the effective date.
1 10 b. Subject to applicable constitutional or statutory
1 11 provisions, a rule becomes effective immediately upon filing
1 12 with the administrative rules coordinator and approval by the
1 13 administrative rules review committee, or at a subsequent
1 14 stated date prior to indexing and publication, or at a stated
1 15 date less than thirty=five days after filing, indexing, and
1 16 publication, if the agency finds one or more of the following:
1 17 (1) That a statute so provides;.
1 18 (2) That the rule confers a benefit or removes a
1 19 restriction on the public or some segment thereof; or.
1 20 (3) That this effective date is necessary because of
1 21 imminent peril to the public health, safety or welfare. In
1 22 any subsequent action contesting the effective date of a rule
1 23 promulgated under this paragraph "b", the burden of proof
1 24 shall be on the agency to justify its finding. The agency's
1 25 finding and a brief statement of the reasons therefor shall be
1 26 filed with and made a part of the rule. Prior to indexing and
1 27 publication, the agency shall make reasonable efforts to make
1 28 known to the persons who may be affected by it a rule made
1 29 effective under the terms of this paragraph "b".
1 30 Sec. 2. Section 17A.8, subsection 9, Code Supplement 2003,
1 31 is amended by striking the subsection and inserting the
1 32 following:
1 33 9. The administrative rules review committee must approve
1 34 each adopted rule prior to its becoming effective. The
1 35 committee shall not approve a rule if the committee finds that
2 1 all or some portion of the rule is unreasonable, arbitrary,
2 2 capricious, beyond the authority delegated to the agency, or
2 3 beyond the legislative intent of the legislation being
2 4 implemented by the rule. If the committee declines to approve
2 5 all or some portion of a rule pursuant to this subsection, the
2 6 committee shall notify the agency in writing of its findings
2 7 and the underlying reasons which support those findings. The
2 8 committee shall also file a certified copy of such an action
2 9 in the office of the administrative code editor and a notice
2 10 of that action shall be published in the Iowa administrative
2 11 bulletin. Upon receipt of a certified copy of the committee
2 12 action, the administrative code editor shall remove the rule
2 13 from the Iowa administrative code.
2 14 EXPLANATION
2 15 This bill requires the administrative rules review
2 16 committee to approve all administrative rules, by majority
2 17 vote, before they can go into effect. The committee must
2 18 approve a rule before it becomes effective. The committee is
2 19 not authorized to approve a rule if the committee finds that
2 20 the rule is arbitrary, capricious, unreasonable, beyond the
2 21 authority of the agency, or beyond the legislative intent of
2 22 the legislation being implemented.
2 23 LSB 5776HH 80
2 24 jr/sh/8