Text: HF02088 Text: HF02090 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 ruleadopted after July 1, 1975,is effective thirty- 1 4 five days after filing, as required in this section,and1 5 indexing,andpublication 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
Text: HF02088 Text: HF02090 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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