Senate
File
2463
-
Enrolled
Senate
File
2463
AN
ACT
CONCERNING
THE
EXECUTIVE
BRANCH
RULEMAKING
PROCESS,
INCLUDING
THE
UNIFORM
RULES
ON
AGENCY
PROCEDURE
AND
REVIEW
AND
REGULATORY
READOPTION
OF
RULES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
UNIFORM
RULES
ON
AGENCY
PROCEDURE
Section
1.
Section
2B.5A,
subsection
5,
paragraph
b,
subparagraph
(2),
Code
2026,
is
amended
by
striking
the
subparagraph.
Sec.
2.
Section
17A.6,
subsection
1,
paragraph
b,
Code
2026,
is
amended
to
read
as
follows:
b.
“Publication”
does
not
include
the
Iowa
Code,
Iowa
Acts,
Iowa
administrative
code,
or
Iowa
court
rules
,
or
uniform
rules
on
agency
procedure
.
Sec.
3.
Section
17A.24,
subsection
2,
Code
2026,
is
amended
to
read
as
follows:
2.
If
an
agency
does
not
have
rules
in
effect
that
address
concerning
a
subject
provided
matter
relating
to
a
subject
addressed
in
uniform
rules
on
agency
procedure
adopted
pursuant
to
subsection
1
,
and
uniform
rules
on
agency
procedure
addressing
the
subject
are
in
effect,
such
uniform
rules
Senate
File
2463,
p.
2
adopted
pursuant
to
subsection
1
concerning
the
matter
shall
apply
to
the
agency
as
though
the
agency
had
adopted
them.
Sec.
4.
RESCISSION
OF
ADMINISTRATIVE
RULES
——
ONGOING
APPLICABILITY.
1.
The
following
Iowa
administrative
rules
relating
to
subjects
addressed
by
uniform
rules
on
agency
procedure
adopted
by
the
administrative
rules
coordinator
pursuant
to
section
17A.24
are
rescinded
as
of
July
1,
2026:
a.
11
IAC
chs.
5
through
9.
b.
11
IAC
4.2
through
4.13,
4.17,
4.18,
and
117.20.
c.
21
IAC
chs.
2
through
5
and
8.
d.
21
IAC
6.3
through
6.13
and
6.17.
e.
27
IAC
chs.
3
through
5
and
8.
f.
61
IAC
chs.
11
and
12.
g.
61
IAC
2.2
through
2.13,
2.17,
and
10.2.
h.
81
IAC
ch.
27.
i.
81
IAC
24.3
through
24.13,
24.17,
and
25.10.
j.
101
IAC
2.3,
2.4,
and
5.3
through
5.9.
k.
1ll
IAC
chs.
3
through
5
and
12.
l.
1ll
IAC
13.2
through
13.12
and
13.15.
m.
129
IAC
chs.
6
and
11.
n.
161
IAC
ch.
4.
o.
161
IAC
1.2
through
1.4,
11.2
through
11.12,
11.16,
11.17,
and
15.3.
p.
181
IAC
1.8
through
1.12.
q.
187
IAC
chs.
5,
6,
11,
and
12.
r.
187
IAC
7.3
through
7.13
and
7.16.
s.
189
IAC
chs.
4
and
20
through
23.
t.
189
IAC
25.3
through
25.13.
u.
191
IAC
chs.
3
and
4.
v.
191
IAC
2.1,
2.3
through
2.10,
and
2.12.
w.
193
IAC
chs.
3
and
7.
x.
193E
IAC
1.4.
y.
193F
IAC
1.6
and
1.7.
z.
199
IAC
chs.
3
and
4.
aa.
199
IAC
1.3,
1.7(1),
and
1.7(3)
through
1.7(8).
ab.
201
IAC
chs.
7
and
10
through
12.
ac.
201
IAC
5.2
through
5.13
and
5.16.
ad.
205
IAC
chs.
2
through
4
and
15.
Senate
File
2463,
p.
3
ae.
205
IAC
5.2
through
5.11,
5.14,
and
6.3.
af.
261
IAC
chs.
196
through
199.
ag.
261
IAC
195.2
through
195.8
and
195.11.
ah.
263
IAC
chs.
2
through
6.
ai.
265
IAC
chs.
7
and
16
through
18.
aj.
265
IAC
13.2
through
13.8,
13.11,
and
15.9.
ak.
281
IAC
chs.
2
through
4
and
6.
al.
281
IAC
5.1
through
5.3
and
5.6.
am.
282
IAC
chs.
2,
3,
and
6.
an.
282
IAC
5.1,
5.10,
5.11,
5.14,
5.15,
11.1,
and
11.7
through
11.32.
ao.
283
IAC
chs.
2
through
4
and
7.
ap.
283
IAC
6.1,
6.2,
and
6.4.
aq.
284
IAC
chs.
2
through
5.
ar.
288
IAC
chs.
11
through
13.
as.
288
IAC
3.3
through
3.13
and
3.17.
at.
289
IAC
chs.
2
through
4
and
8.
au.
289
IAC
5.3
through
5.11
and
5.13.
av.
301
IAC
2.4,
2.5,
and
5.3
through
5.9.
aw.
351
IAC
chs.
11
through
15.
ax.
351
IAC
2.2
through
2.13,
2.17,
and
2.18.
ay.
371
IAC
1.2(6)
and
9.3
through
9.13.
az.
441
IAC
chs.
3
through
7.
ba.
441
IAC
9.1,
9.3
through
9.11,
9.13,
and
9.14.
bb.
481
IAC
chs.
2
through
4,
6,
9,
366,
367,
381,
382,
and
435.
bc.
481
IAC
5.3
through
5.14.
bd.
486
IAC
8.3
through
8.12.
be.
491
IAC
ch.
2.
bf.
491
IAC
1.4,
1.8,
3.3
through
3.13,
and
4.20
through
4.48.
bg.
493
IAC
chs.
2,
3,
5,
and
6.
bh.
493
IAC
4.3
through
4.13.
bi.
495
IAC
chs.
19,
26,
30,
31,
and
33.
bj.
495
IAC
17.2
through
17.13
and
17.17.
bk.
497
IAC
chs.
3
through
6
and
9.
bl.
497
IAC
7.2
through
7.11
and
7.14.
bm.
501
IAC
ch.
16.
bn.
501
IAC
1.11
and
7.2
through
7.12.
Senate
File
2463,
p.
4
bo.
541
IAC
chs.
5,
6,
and
7.
bp.
541
IAC
1.3,
8.2
through
8.13,
and
8.16.
bq.
543
IAC
ch.
5.
br.
545
IAC
chs.
5
through
7.
bs.
545
IAC
8.3
through
8.13
and
8.17.
bt.
547
IAC
chs.
6
through
8.
bu.
547
IAC
2.5,
2.6,
9.3
through
9.13,
and
9.17.
bv.
561
IAC
chs.
4
through
7
and
10.
bw.
561
IAC
2.1
and
2.3
through
2.13.
bx.
567
IAC
chs.
4
through
7
and
13.
by.
571
IAC
chs.
4
through
7
and
11.
bz.
575
IAC
1.5
and
1.8.
ca.
591
IAC
chs.
2
through
4,
16,
and
17.
cb.
601
IAC
2.3
through
2.13
and
2.18.
cc.
605
IAC
2.1
through
2.3,
2.4(1)
through
2.4(9),
and
2.5.
cd.
621
IAC
chs.
2,
9,
and
10.
ce.
621
IAC
1.5,
1.9,
12.2
through
12.11,
and
12.15.
cf.
661
IAC
ch.
10.
cg.
661
IAC
80.2
through
80.11,
80.13
through
80.15,
401.101
through
401.314,
and
600.5.
ch.
681
IAC
chs.
18
through
20.
ci.
681
IAC
17.3
through
17.13
and
17.16.
cj.
685
IAC
chs.
2
through
4.
ck.
685
IAC
15.2
through
15.8.
cl.
701
IAC
chs.
3
and
4.
cm.
701
IAC
5.2
through
5.9,
5.11,
and
5.12.
cn.
721
IAC
chs.
3
and
7
through
10.
co.
721
IAC
5.3
through
5.13.
cp.
741
IAC
2.4,
2.5,
and
5.3
through
5.9.
cq.
751
IAC
chs.
3,
4,
16,
and
18.
cr.
751
IAC
2.1,
2.3
through
2.13,
and
5.17
through
5.19.
cs.
761
IAC
chs.
4
and
10
through
13.
ct.
761
IAC
20.4(6)“d”
and
20.9(5).
cu.
781
IAC
chs.
17
through
19.
cv.
781
IAC
2.3
through
2.13
and
2.17.
cw.
801
IAC
chs.
2
through
4
and
8.
cx.
801
IAC
6.3
through
6.11
and
6.15.
cy.
811
IAC
chs.
2
through
4,
14,
and
16.
cz.
811
IAC
5.3
through
5.13
and
5.17.
Senate
File
2463,
p.
5
da.
817
IAC
chs.
2,
3,
5,
and
6.
db.
821
IAC
1.5,
1.6,
and
1.8.
dc.
871
IAC
chs.
2,
4,
and
5.
dd.
871
IAC
3.3
through
3.12
and
3.14.
de.
876
IAC
chs.
4,
5,
7,
and
12.
df.
876
IAC
9.3
through
9.12
and
9.14.
dg.
The
preamble
of
any
chapter
and
introductory
paragraph
of
any
rule
that
adopts
by
reference
uniform
rules
on
agency
procedure,
if
the
uniform
rules
on
agency
procedure
adopted
were
published
before
January
1,
2024.
2.
The
following
Iowa
administrative
rules
relating
to
subjects
addressed
by
uniform
rules
on
agency
procedure
adopted
by
the
administrative
rules
coordinator
pursuant
to
section
17A.24
are
rescinded
as
of
January
1,
2027:
701
IAC
chs.
6,
7,
and
115.
3.
As
soon
as
practicable
after
the
dates
specified
in
subsections
1
and
2,
the
administrative
code
editor
shall
remove
the
language
of
the
Iowa
administrative
rules
referenced
in
subsections
1
and
2
from
the
Iowa
administrative
code.
4.
Administrative
rules
rescinded
pursuant
to
subsections
1
and
2
remain
applicable
to
a
request
or
petition
for
rulemaking;
for
a
waiver
of
rules;
for
a
declaratory
order;
for
a
contested
case,
including
a
request
or
petition
that
will
be
treated
as
a
request
or
petition
for
a
contested
case;
for
informal
settlement;
for
access
to
records;
or
for
judicial
review
filed
before
the
respective
dates
specified
in
subsections
1
and
2,
for
the
pendency
of
the
action.
Sec.
5.
EMERGENCY
RULES.
1.
An
agency
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
“b”,
providing
for
additions,
exceptions,
or
amendments
to
uniform
rules
on
agency
procedure
adopted
by
the
administrative
rules
coordinator
pursuant
to
section
17A.24.
The
rules
shall
be
effective
immediately
upon
filing
unless
a
later
date
is
specified
in
the
rules,
but
no
later
than
June
30,
2026.
However,
rules
adopted
by
the
department
of
revenue
or
the
property
assessment
appeal
board
relating
to
contested
cases
shall
be
effective
no
later
than
December
31,
2026.
Any
rules
adopted
in
accordance
with
this
subsection
shall
also
be
Senate
File
2463,
p.
6
published
as
a
notice
of
intended
action
as
provided
in
section
17A.4.
2.
An
agency
may
only
adopt
emergency
rules
under
subsection
1
if
the
agency
determines
one
or
more
of
the
following
applies.
The
agency
shall
explain
its
determination
in
the
preamble
of
the
rulemaking
document
filed
pursuant
to
section
17A.4,
subsection
3.
a.
The
rule
is
necessary
to
comply
with
a
legal
obligation
imposed
on
the
agency.
The
agency
shall
include
in
the
explanation
a
specific
citation
of
the
source
of
the
legal
obligation,
a
description
of
how
the
rule
is
necessary
to
comply
with
the
legal
obligation,
and
an
explanation
of
why
the
existing
language
of
the
uniform
rules
on
agency
procedure
adopted
pursuant
to
section
17A.24
is
insufficient
to
comply
with
the
legal
obligation.
b.
The
rule
is
otherwise
determined
to
be
necessary
by
the
agency.
The
agency
shall
include
in
the
explanation
the
reason
the
agency
determined
the
rule
to
be
necessary
and
an
explanation
of
why
the
existing
language
of
the
uniform
rules
on
agency
procedure
adopted
pursuant
to
section
17A.24
is
insufficient
to
respond
to
the
necessity.
3.
Notwithstanding
section
17A.4A,
a
regulatory
analysis
shall
not
be
required
for
rules
adopted
pursuant
to
subsection
1.
4.
This
section
shall
not
be
construed
to
prohibit
an
agency
from
engaging
in
rulemaking
pursuant
to
chapter
17A
relating
to
uniform
rules
on
agency
procedure
adopted
pursuant
to
section
17A.24
that
is
not
subject
to
this
section.
5.
This
section
is
repealed
January
1,
2027.
6.
The
repeal
of
this
section
pursuant
to
subsection
5
shall
not
be
construed
to
affect
the
validity
of
rules
adopted
under
this
section
before
the
date
of
repeal.
Sec.
6.
EFFECTIVE
DATE.
The
following,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment:
The
section
of
this
division
of
this
Act
providing
for
emergency
rulemaking
and
a
repeal.
DIVISION
II
FIVE-YEAR
REVIEW
AND
REGULATORY
READOPTION
OF
ADMINISTRATIVE
RULES
Senate
File
2463,
p.
7
Sec.
7.
Section
17A.7,
subsections
2
and
3,
Code
2026,
are
amended
to
read
as
follows:
2.
a.
Beginning
January
1,
2027,
each
agency
shall
conduct
an
ongoing
and
comprehensive
review
of
all
of
the
agency’s
rules.
The
goal
of
the
review
is
the
identification
and
elimination
of
all
rules
of
the
agency
that
are
outdated,
redundant,
or
inconsistent
or
incompatible
with
statute
or
its
own
rules
or
those
of
other
agencies.
Over
each
five-year
period
of
time,
an
agency
shall
perform
a
retrospective
analysis
that
includes
a
comprehensive
evaluation
and
rigorous
cost-benefit
analysis
of
each
existing
chapter
of
rules
to
determine
whether
the
benefits
the
rules
are
intended
to
achieve
are
being
realized,
whether
those
benefits
justify
the
costs
imposed
by
the
rules,
and
whether
there
are
less
restrictive
alternatives
to
accomplish
those
benefits.
b.
The
administrative
rules
coordinator
may
adopt
a
schedule
for
agencies
to
conduct
reviews
under
this
subsection
that
staggers
the
reviews
evenly
over
each
five-year
period.
If
the
administrative
rules
coordinator
does
so,
the
administrative
rules
coordinator
shall
publish
the
schedule
on
the
internet
site
established
or
designated
under
paragraph
“c”
.
c.
When
the
agency
completes
the
five-year
review
of
the
agency’s
rules,
the
agency
shall
provide
a
written
summary
of
the
results
to
the
administrative
rules
coordinator
and
the
administrative
rules
review
committee.
The
administrative
rules
coordinator
shall
publish
each
summary
on
an
internet
site
established
or
designated
for
purposes
of
this
subsection.
The
summary
shall
include
all
of
the
following
for
each
chapter
of
rules:
a.
(1)
The
intended
benefits
of
the
rules
and
if
the
benefits
are
being
achieved.
b.
(2)
The
costs
imposed
by
the
rules
and
if
the
costs
are
justified
by
the
benefits
identified
in
paragraph
“a”
subparagraph
(1)
.
c.
(3)
Less
restrictive
alternatives
to
the
rules
and
an
analysis
of
how
other
states
regulate
the
activities
addressed
by
the
chapter.
3.
a.
Each
chapter
of
rules
is
rescinded
five
years
after
the
date
on
which
the
most
recent
regulatory
readoption
of
Senate
File
2463,
p.
8
the
chapter
as
a
whole
became
effective.
A
chapter
rescinded
in
this
manner
ceases
to
be
effective
as
of
the
date
of
rescission.
The
date
of
rescission
of
a
chapter
under
this
subsection
shall
not
be
altered
if
such
date
falls
on
a
Saturday,
Sunday,
or
holiday.
b.
Before
or
after
such
rescission
under
paragraph
“a”
occurs,
the
agency
that
adopted
the
chapter
may
adopt
complete
a
regulatory
readoption
of
the
chapter
anew
after
completing
a
retrospective
analysis
as
described
in
subsection
2
.
Such
adoption
A
regulatory
readoption
shall
be
subject
to
the
rulemaking
process
under
this
chapter
,
including
but
not
limited
to
sections
17A.4,
17A.4A,
and
17A.5
.
An
agency
adopting
completing
a
regulatory
readoption
of
a
chapter
anew
as
described
in
this
subsection
shall
do
so
from
a
zero
base.
Adoption
A
regulatory
readoption
of
a
chapter
anew
as
described
in
this
subsection
shall
not
include
notation
in
a
rulemaking
document
published
in
the
Iowa
administrative
bulletin
all
amendments
to
the
chapter
found
necessary
or
appropriate
by
the
agency
during
the
agency’s
comprehensive
review
and
retroactive
analysis
of
the
chapter
pursuant
to
subsection
2
that
have
not
yet
been
adopted
by
the
agency.
A
regulatory
readoption
of
a
chapter
shall
include
notations
of
additions
to
or
deletions
from
the
language
of
the
prior
chapter
in
the
item
statements
in
any
rulemaking
document
published
in
the
Iowa
administrative
bulletin
.
The
agency
shall
indicate
in
the
preamble
of
the
rulemaking
document
that
the
document
is
part
of
the
regulatory
readoption
of
the
chapter.
For
purposes
of
this
subsection
,
“zero
base”
means
adoption
of
a
chapter
anew
without
merely
adopting
the
prior
language
of
the
chapter
and
without
any
presumption
in
favor
of
utilizing
retaining
the
prior
language
when
the
chapter
is
adopted
anew
of
the
chapter
.
b.
The
effective
date
of
adoption,
amendment,
or
rescission
of
individual
rules
or
portions
of
rules
in
a
chapter,
and
the
date
of
any
changes
to
the
chapter
or
rules
or
portions
of
rules
in
the
chapter
pursuant
to
section
2B.13
,
shall
not
be
considered
when
determining
the
effective
date
of
the
chapter
as
a
whole
for
purposes
of
this
subsection
.
The
date
of
rescission
of
a
chapter
under
this
subsection
shall
not
be
altered
if
such
date
falls
on
a
Saturday,
Sunday,
or
holiday.
Senate
File
2463,
p.
9
c.
(1)
If
a
chapter
has
been
rescinded
under
this
subsection
,
the
agency
that
adopted
the
chapter
shall
notify
the
administrative
code
editor
in
writing
of
the
rescission.
The
administrative
rules
coordinator
may
notify
the
administrative
code
editor
in
writing
on
behalf
of
the
agency.
(2)
As
soon
as
practicable
after
receiving
such
notification,
the
administrative
code
editor
shall
publish
notice
of
the
rescission
in
the
Iowa
administrative
bulletin
and,
no
sooner
than
two
weeks
after
such
publication,
remove
the
chapter
from
the
Iowa
administrative
code.
d.
When
a
regulatory
readoption
of
a
chapter
of
rules
becoming
effective
as
a
whole
is
published
in
the
Iowa
administrative
code,
the
administrative
code
editor
shall
include
the
next
rescission
date
of
the
chapter,
as
provided
in
this
subsection
,
with
the
chapter.
e.
(1)
For
a
chapter
of
rules
that
most
recently
became
effective
as
a
whole
prior
to
January
1,
2023,
the
effective
date
of
the
chapter
shall
be
deemed
January
1,
2023,
for
purposes
of
this
subsection
.
For
a
chapter
that
most
recently
became
effective
as
a
whole
on
or
after
January
1,
2023,
the
date
of
rescission
pursuant
to
this
subsection
shall
be
based
on
the
most
recent
effective
date
of
the
chapter
as
a
whole.
Notwithstanding
paragraph
“a”
:
(a)
The
date
of
rescission
of
a
chapter
that
becomes
effective
as
a
whole
from
January
1,
2023,
through
January
1,
2028,
both
dates
inclusive,
shall
be
deemed
to
be
five
years
after
the
date
on
which
the
chapter
most
recently
became
effective
as
a
whole.
(b)
The
date
of
rescission
of
a
chapter
that
was
in
effect
prior
to
January
1,
2023,
and
did
not
become
effective
as
a
whole
from
January
1,
2023,
through
January
1,
2028,
both
dates
inclusive,
shall
be
deemed
to
be
January
1,
2028.
(2)
The
effective
date
of
adoption,
amendment,
or
rescission
of
individual
rules
or
portions
of
rules
in
a
chapter,
and
the
date
of
any
changes
to
the
chapter
or
rules
or
portions
of
rules
in
the
chapter
pursuant
to
section
2B.13,
shall
not
be
considered
when
determining
the
effective
date
of
the
chapter
as
a
whole
for
purposes
of
this
paragraph.
(3)
The
administrative
code
editor
shall
include
the
next
Senate
File
2463,
p.
10
rescission
date
of
a
chapter
under
this
paragraph
with
the
chapter
in
lieu
of
the
date
provided
in
paragraph
“d”
.
f.
The
administrative
rules
review
committee
may
grant
a
six-month
an
extension
of
up
to
one
hundred
eighty
days
of
the
date
of
rescission
of
a
chapter
of
rules
provided
in
this
subsection
upon
written
request
by
the
agency
that
adopted
the
chapter.
The
request
shall
be
submitted
to
the
administrative
rules
review
committee
by
the
agency
at
least
thirty
thirty-five
days
before
the
date
of
rescission
with
a
copy
provided
to
the
administrative
code
editor.
The
request
shall
include
an
explanation
of
the
agency’s
reasoning
for
seeking
an
extension
and
any
other
information
the
agency
finds
appropriate.
If
the
administrative
rules
review
committee
approves
the
request,
the
administrative
code
editor
shall
update
the
rescission
date
included
with
the
chapter
pursuant
to
paragraph
“d”
or
“e”
.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2463,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor