House File 203 - Introduced HOUSE FILE BY ROBERTS Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for negotiated rulemaking. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2184YH 82 4 jr/es/88 PAG LIN 1 1 Section 1. NEW SECTION. 17A.4B NEGOTIATED RULEMAKING. 1 2 1. An agency shall create a negotiated rulemaking group if 1 3 required by statute. An agency may, on its own motion or upon 1 4 request, create a negotiated rulemaking group if the agency 1 5 determines that a negotiated rulemaking group can adequately 1 6 represent the interests that will be significantly affected by 1 7 a proposed rule and that it is feasible and appropriate in the 1 8 particular rulemaking. Notice of the creation of a negotiated 1 9 rulemaking group shall be published in the Iowa administrative 1 10 bulletin. Upon establishing a negotiated rulemaking group, 1 11 the agency shall also specify a time frame for group 1 12 deliberations. 1 13 2. Unless otherwise provided by statute, the agency shall 1 14 appoint a sufficient number of members to the group so that a 1 15 fair cross section of opinions and interests regarding the 1 16 proposed rule is represented. One person shall be appointed 1 17 to represent the agency. The group shall select its own 1 18 chairperson and adopt its rules of procedure. All meetings of 1 19 the group shall be open to the public. A majority of the 1 20 membership constitutes a quorum. Members shall not receive 1 21 any per diem payment but may be reimbursed by the agency from 1 22 otherwise unencumbered funds for all necessary expenses. Any 1 23 vacancy shall be filled in the same manner as the initial 1 24 appointment. 1 25 3. Prior to the publication of a notice of intended 1 26 action, the group shall consider the terms or substance of the 1 27 rule proposed by the agency and shall attempt to reach a 1 28 consensus concerning the proposed rule. 1 29 4. If a group reaches a consensus on a proposed rule, the 1 30 group shall transmit to the agency a report containing the 1 31 consensus on the proposed rule. If the group does not reach a 1 32 consensus on a proposed rule within the specified time frame, 1 33 the group shall transmit to the agency a report stating that 1 34 inability to reach a consensus and specifying any areas in 1 35 which the group reached a consensus. The group may include in 2 1 a report any other information, recommendations, or materials 2 2 that the group considers appropriate. Any group member may 2 3 include as an addendum to the report additional information, 2 4 recommendations, or materials. A report issued under this 2 5 subsection shall not be considered final agency action for 2 6 purposes of judicial review. 2 7 5. Unless otherwise provided by statute, if a negotiated 2 8 rulemaking group is created, the agency may commence 2 9 rulemaking as provided in section 17A.4 only after the group 2 10 has completed its deliberations, as set out in subsection 4. 2 11 The group is automatically abolished upon the agency's 2 12 adoption of the rule pursuant to the provisions of section 2 13 17A.5. 2 14 EXPLANATION 2 15 If required by statute, this bill requires an agency to 2 16 create an ad hoc group to review proposed rules prior to 2 17 commencing a rulemaking proceeding. Where a statute does not 2 18 require this review, the bill allows an agency to create such 2 19 a review group. Members are appointed by the agency and the 2 20 composition must adequately represent a fair balance of the 2 21 interests affected by the rule. Once such a group is created, 2 22 the agency may only commence rulemaking after the group has 2 23 considered the proposed rule in question. 2 24 The bill is based on similar provisions found in the 2 25 federal Administrative Procedures Act. 2 26 LSB 2184YH 82 2 27 jr:rj/es/88