August 18, l995
On Friday, August 18, 1995, Donald Meisner and Barry Stetzel, Chairperson and Vice chairperson of the Iowa Advisory Commission on Intergovernmental Relations, convened a meeting with representatives of the following local government associations:
The representatives from these associations were asked to identify the most bothersome regulatory mandates encountered by members of their associations, the association's current approach to the administrative rules process, and the role of the IACIR in addressing the administrative rules process and administrative mandates.
Mary Gannon and Jason Bridie, both with the Iowa Association of School Boards (IASB), noted that the Iowa Department of Education has been very good about referring to IASB during the formulation and drafting of rules relating to local school districts. However, IASB and the Department disagree on interpretation of section 25B.6 which requires an agency to submit a fiscal impact statement if the effect of the proposed rules is to increase expenditures of political subdivisions.
Ms. Gannon also stated that school districts have more of a problem with federal laws and the regulations they spawn. A prime example of this, she noted, is the requirements relating to asbestos. Few local schools have the expertise on staff to deal with these things. OSHA requirements also cause some difficulty for schools, she said.
John Easter referred those in attendance to a memorandum on the administrative rules process prepared by ISAC Legal Counsel, David Vestal. He also noted that when a public hearing on proposed rules is requested, the State is often represented by one person with a tape recorder who makes a taped transcript of comments. There is no dialogue between those who formulated and drafted the rules and those concerned parties who have requested the hearing, he said. See, Attachment 2
Joanne Strack stated that there are many regulations affecting cities, such as the Clean Water Act, the Clean Air Act, OSHA, and the Americans with Disabilities Act. Ms. Strack distributed copies of an article on the administrative rules process that she had written for Iowa Municipalities, a League publication.
She said that on the state level, those who will be implementing the rule, i.e., local government officials, need to be involved much earlier in the process than the public hearing request stage. Ms Strack stated that the rulemakers need to be required to consult with local governments when formulating and drafting rules affecting those governments. There has been some improvement, she noted. Communication has increased greatly since formation of the Local Government Environmental Resource Council (LGERC), a coalition of sanitation, water, solid waste officials, and other city and county representatives, which has as one of its functions to monitor administrative rules.
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