Senate File 95 - Introduced
SENATE FILE
BY McKINLEY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act amending the Iowa administrative procedure Act as it
2 relates to public participation in the rulemaking process, the
3 adoption and effectiveness of administrative rules, and the
4 delegation of rulemaking authority to administrative agencies.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1885SS 81
7 jr/sh/8
PAG LIN
1 1 Section 1. Section 17A.4, subsection 1, paragraph b, Code
1 2 2005, is amended to read as follows:
1 3 b. Afford all interested persons not less than twenty days
1 4 to submit data, views, or arguments in writing. If timely
1 5 requested in writing by twenty=five interested persons, by a
1 6 governmental subdivision, by the administrative rules review
1 7 committee, by an agency, or by an association having not less
1 8 than twenty=five members, the agency must give interested
1 9 persons an opportunity to make oral presentation. To the
1 10 extent practicable, the agency shall provide an opportunity to
1 11 make these oral presentations using the Iowa communications
1 12 network or other electronic means and provide public access at
1 13 multiple sites throughout the state. If a request is received
1 14 from twenty=five interested persons residing in the same city
1 15 or county, the agency shall provide an opportunity for oral
1 16 presentation in that city or county. The opportunity for oral
1 17 presentation must be held at least twenty days after
1 18 publication of the notice of its time and place in the Iowa
1 19 administrative bulletin. The agency shall consider fully all
1 20 written and oral submissions respecting the proposed rule.
1 21 Within one hundred eighty days following either the notice
1 22 published according to the provisions of paragraph "a" or
1 23 within one hundred eighty days after the last date of the oral
1 24 presentations on the proposed rule, whichever is later, the
1 25 agency shall adopt a rule pursuant to the rulemaking
1 26 proceeding or shall terminate the proceeding by publishing
1 27 notice of termination in the Iowa administrative bulletin.
1 28 An agency shall include in a preamble to each rule it
1 29 adopts a brief explanation of the principal reasons for its
1 30 action pursuant to section 17A.5 a concise statement of the
1 31 principal reasons for and against the rule adopted,
1 32 incorporating in the statement the reasons for overruling
1 33 considerations urged against the rule and, if applicable, a
1 34 brief explanation of the principal reasons for its failure to
1 35 provide in that rule for the waiver of the rule in specified
2 1 situations if no such waiver provision is included in the
2 2 rule. This explanatory requirement does not apply when the
2 3 agency adopts a rule that only defines the meaning of a
2 4 provision of law if the agency does not possess delegated
2 5 authority to bind the courts to any extent with its
2 6 definition. In addition, if requested to do so by an
2 7 interested person, either prior to adoption or within thirty
2 8 days thereafter, the agency shall issue a concise statement of
2 9 the principal reasons for and against the rule adopted,
2 10 incorporating therein the reasons for overruling
2 11 considerations urged against the rule. This concise statement
2 12 shall be issued either at the time of the adoption of the rule
2 13 or within thirty=five days after the agency receives the
2 14 request.
2 15 Sec. 2. Section 17A.4, subsection 2, Code 2005, is amended
2 16 to read as follows:
2 17 2. When an agency for good cause finds that notice and
2 18 public participation would be unnecessary, impracticable, or
2 19 contrary to the public interest, the provisions of subsection
2 20 1 shall be inapplicable. The agency shall incorporate in each
2 21 rule issued in reliance upon this provision either the finding
2 22 and a brief statement of the reasons for the finding, or a
2 23 statement that the rule is within a very narrowly tailored
2 24 category of rules whose issuance has previously been exempted
2 25 from subsection 1 by a special rule relying on this provision
2 26 and including such a finding and statement of reasons for the
2 27 entire category. If the administrative rules review committee
2 28 by a two=thirds vote, the governor, or the attorney general
2 29 files with the administrative code editor an objection to the
2 30 adoption of any rule pursuant to this subsection, that rule
2 31 shall cease to be effective one hundred eighty days after the
2 32 date the objection was filed. A copy of the objection,
2 33 properly dated, shall be forwarded to the agency at the time
2 34 of filing the objection. In any action contesting a rule
2 35 adopted pursuant to this subsection, the burden of proof shall
3 1 be on the agency to show that the procedures of subsection 1
3 2 were impracticable, unnecessary, or contrary to the public
3 3 interest and that, if a category of rules was involved, the
3 4 category was very narrowly tailored. A rule adopted pursuant
3 5 to this subsection shall remain in effect for one hundred
3 6 eighty days, unless a shorter period is specified in the rule.
3 7 Sec. 3. Section 17A.23, unnumbered paragraph 3, Code 2005,
3 8 is amended to read as follows:
3 9 An agency shall have only that authority or discretion
3 10 delegated to or conferred upon the agency by law and shall not
3 11 expand or enlarge its authority or discretion beyond the
3 12 powers delegated to or conferred upon the agency. Unless
3 13 otherwise specifically provided in statute, any grant of
3 14 rulemaking authority shall be construed narrowly.
3 15 EXPLANATION
3 16 This bill makes a number of changes to the rulemaking
3 17 process.
3 18 The bill requires administrative agencies, when feasible,
3 19 to hold rulemaking hearings in varied locations throughout the
3 20 state via the Iowa communications network and provides that a
3 21 hearing must be held in a particular city or county when 25
3 22 interested persons from that city or county make the request.
3 23 Every adopted rule must be accompanied by a concise
3 24 statement of the principal reasons for and against the rule
3 25 adopted; under current law such a statement is only provided
3 26 on request.
3 27 The bill also provides that so=called "emergency" rules are
3 28 in effect for only 180 days.
3 29 The bill also establishes a new rule of statutory
3 30 construction: Unless otherwise specifically provided in
3 31 statute, any grant of rulemaking authority shall be construed
3 32 narrowly.
3 33 LSB 1885SS 81
3 34 jr:nh/sh/8