ARC 7712C
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Rulemaking related to agency reorganization
The Department of Health and Human Services (Department) hereby rescinds Chapter 170, “Organization of the Department,” Chapter 171, “Petitions for Rule Making,” Chapter 172, “Declaratory Orders,” Chapter 173, “Contested Cases,” Chapter 174, “Agency Procedure for Rule Making,” and Chapter 175, “Fair Information Practices and Public Records,” and amends Chapter 176, “Criteria for Awards or Grants,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is adopted under the authority provided in Iowa Code section 217.6 and 2023 Iowa Acts, Senate File 514.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.
Purpose and Summary
The purpose of this rulemaking is to update language in legacy agency chapters to reflect the agency changes made in 2023 Iowa Acts, Senate File 514, as part of the state government reorganization. This rulemaking rescinds a number of chapters that are duplicative of uniform rules of agency procedure previously adopted by the legacy agencies. The Department’s uniform rules on agency procedure will be contained under agency ID number [441]. This rulemaking rescinds and reserves chapters to reduce confusion among the public and regulated community regarding uniform rules for the Department.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on August 23, 2023, as ARC 7064C. No public comments were received. No changes from the Notice have been made.
Adoption of Rulemaking
This rulemaking was adopted by the Health and Human Services Council on November 9, 2023.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rulemaking will become effective on April 10, 2024.
The following rulemaking action is adopted:
	Item 1. Rescind and reserve 641—Chapter 170.
	Item 2. Rescind and reserve 641—Chapter 171.
	Item 3. Rescind and reserve 641—Chapter 172.
	Item 4. Rescind and reserve 641—Chapter 173.
	Item 5. Rescind and reserve 641—Chapter 174.
	Item 6. Rescind and reserve 641—Chapter 175.
	Item 7. Rescind and reserve rule 641—176.1(135,17A).
	Item 8. Rescind and reserve rule 641—176.2(135,17A).
	Item 9. Rescind and reserve rule 641—176.3(135,17A).
	Item 10. Rescind and reserve rule 641—176.4(135,17A).
	Item 11. Rescind and reserve rule 641—176.5(135,17A).
	Item 12. Rescind and reserve rule 641—176.8(135,17A).
[Filed 2/16/24, effective 4/10/24]
[Published 3/6/24]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/6/24.