The Division rescinds Chapter 9.  Pursuant to recently enacted SF 2463, the Division adopts the Uniform Rules on Agency Procedure but specifically does not adopt certain specifically identified Uniform Rules on Agency Procedure related to contested cases (7—Chapter 2506).  The Division adopts emergency rules pertaining to contested cases to maintain procedural rights and guarantees within the Iowa workers’ compensation system that have developed over more than a century and offer greater protections than those outlined in the Uniform Rules on Agency Procedure. 

With respect to the Division’s rejection of certain Uniform Rules of Agency Procedure and the adoption of new Chapter 2506, related to contested case hearings, the purpose is to ensure greater procedural protections for parties than are afforded in the Uniform Rules of Agency Procedure.  The Division further intends for the rules adopted in Chapter 2506 to provide clear deadlines for the administration of contested cases before the agency, comply with statutory deadlines for alternate medical care hearings, and reduce confusion for litigants with significant changes in deadlines and procedures in contested cases before the Division.

The Division’s current structure and procedures operate more like district court proceedings than typical agency contested case proceedings. The vast majority of litigants appearing before the Division are represented by counsel.  Counsel appearing before the Division are highly specialized and knowledgeable about the procedures involved in the workers’ compensation process.  Significant changes to the Division’s contested case procedures will have significant impact upon those practitioners, injured workers, businesses, insurers, and the Second Injury Fund appearing before the Division.  For litigants that elect to proceed pro se before the Division, the contested case rules adopted provide minimum procedural rights to ensure production and exchange of information prior to a formal hearing before the agency.

Contested cases coming before the Division vary in significant ways from contested cases before other state agencies.  First, most of the Division’s contested cases are brought by private citizens against their employer and/or its insurance carrier.  Contested cases before the Division do not begin with governmental action.  Instead, cases are initiated pursuant to Iowa Code section 85.26(3) by the filing of an original notice and petition.  The Division’s arbitration cases and review-reopening cases involve significant discovery and typically take approximately one year from the original notice and petition until a contested case hearing occurs.

Practical rules have been enacted over the decades to make the workers’ compensation contested case process as efficient as possible.  The Division seeks to re-enact many of those rules for efficiency, which are not contained in the Uniform Rules of Agency Procedure.  For instance, the Division enacts emergency rules that mandate automatic service of medical records between parties.  The emergency rules ensure admissibility of medical records and reports without laying foundation for such evidence or requiring depositions of treating medical providers to admit their opinions.  These rules serve as efficiencies within our system and significantly reduce time and cost for the parties.  Failure to enact these rules on an emergency basis would have a detrimental impact on the efficiency of the workers’ compensation system and on the ultimate expense to the litigants appearing before the Division.

The Division also handles different types of contested cases that do not easily fit within the uniform rules of agency procedure.  Alternate medical care hearings are governed by a statutory deadline.  See Iowa Code section 85.27.  The Uniform Rules of Agency Procedure would not permit the Division to comply with the statutory deadline.  Similarly, the Division is tasked with hearing health service (medical fee) disputes as well as applications for vocational training pursuant to Iowa Code section 85.70(2). Neither fits easily within the uniform rules and specialized rules are necessary.

The Division has modernized and implemented an electronic filing system.  The Division opts out of some of the uniform rules because they are not consistent with the operational abilities of the Division’s current electronic filing system.  Failure to implement emergency rules would require significant upgrade to, or modification of, our computer filing system.  Use of the Uniform Rules of Agency Procedure would require unnecessary duplication of efforts for service of documents that are automatically served on all parties when electronically filed.

For instance, the provisions of Uniform Rule 2506.12(5) would require all documents exchanged by the parties to be filed with the Division.  The Division’s server literally could not host the hundreds of thousands of medical records, tax returns, personnel files, and discovery responses exchanged by parties every year and would require a significant upgrade with a significant fiscal impact to the Division not contemplated within its budgetary constraints.  Maintaining a vast quantity of unnecessary medical records, tax records, and personnel files would also pose an unnecessary risk of disclosure of personally identifiable information of users of the Iowa workers’ compensation system.

The Division has determined that there is a need for continuity in the handling of its cases, including deadlines, procedures, and discovery rights.  The Division has determined that the need to avoid a significant fiscal impact requires enacting emergency rules.  The Division has determined that compliance with statutory deadlines also requires the enactment of emergency rules.  Therefore, the Division opts out of certain Uniform Rules of Agency Procedure and enacts other rules on an emergency basis.

Pursuant to Senate File 2463, section 5, subsection (2)”b”, these proposed rules have been determined to be necessary to enhance procedures related to contested cases before the Plumbing and Mechanical Systems Board. These rules supplement the uniform rules in a way that assists both licensees and the Board. This proposed rulemaking modifies the Board’s administrative and regulatory authority rules to supplement the agency’s uniform rules on contested case provisions found in 481?Chapter 506.

This amendment modifies the Uniform Rules on Agency Procedure related to contested cases (7—Chapter 2506) to ensure that matters coming before the Insurance Division are governed by these administrative procedures and not the contested case provisions of 7—Chapter 2506. 

This amendment modifies the Uniform Rules on Agency Procedure related to contested cases (161—Chapter 2506) to ensure that claims governed by Iowa Code chapter 216 (Iowa Civil Rights Act) specify the correct administrative appellate body.

Effective January 13, 2026, the Administrative Rules Coordinator adopted the new Uniform Rules of Agency Procedure, including rules implementing uniform procedures for contested cases, which were effective for any agency that did not have existing rules covering the subject matter of that Uniform Rule.  See 7—Chapter 2506.  The current Commission rules that govern contested cases, as shown in 199 Iowa Administrative Code chapter 7, have been specifically curated over many years and continuous engagement between the Commission and stakeholders. Prior to Executive Order 10, the Commission had a standard five-year rolling chapter review schedule, which included stakeholder engagement. The stakeholder engagement remained as the Commission’s contested case rules were reviewed again during the Executive Order 10 process. The area of utility regulation the type of cases (dockets) that come before the Commission require speciality rules, as utility regulation is complex and specific in nature. The Uniform Rules were drafted for agencies with presiding officers that conduct hearings and handle other pre-hearing matters, which is not how the Commission is statutorily configured. See Iowa Code § 474.1 (The Commission is a quasi-judicial agency with three Commissioners that make policy and adjudicate the matters that come before the Commission). These complex matters and procedures include detailed filings and the need for expert witnesses, which utilize pre-filed testimony and exhibits and extensive discovery that can last up until the time of hearing. These concerns are all different from the procedures contained within the Uniform Rules contested case rules. By retaining the Commission’s contested case rules, stakeholders that come before the Commission are able to continue using the rules stakeholders have spent time in helping develop. This will allow stability within the utility sector as the stakeholders know what is expected when the parties/stakeholders file with the Commission, the timeframe for motions/answers remains the same, the timeframe for intervention will remain the same, the expectation for discovery will remain the same, as will the myriad of other concerns expressed by stakeholders during discussions of the Uniform Rules. The Commission is appreciative of the Administrative Rules Coordinator’s agreement to the opt-out request for the contested case rules.

Similarly, the Commission’s rules at 1.7 covers how the Commission handles requests for confidential treatment/open records. While not granted opt out privileges for fair information practices, the Commission was allowed by the Administrative Rules Coordinator to include two additional provisions to chapter 2505. These are subrule 2505.5(4) for compliance and rule 2505.9 for a “laundry list” of items that automatically receive “confidential treatment.” The Commission receives numerous requests for confidential treatment due to the utility regulatory environment. The Commission’s rule is the result of collaboration with industry and offers an efficient and predictable way to handle the requests. By adding these additional rules the Commission is able to adopt the Uniform Rules while maintaining its current practices. This allows the utility stakeholders to continue with the known standard leading to a more predictable process for the handling of confidential treatment requests.

Due to the continuous stakeholder engagement, streamlined processes, and niche regulatory environment, the Commission was granted opt out permission from the Administrative Rules Coordinator for the Uniform Rule regarding contested cases. To be consistent with other executive agencies, the Commission’s “Contested Cases” chapter will be renumbered to 199—2506. To be consistent with the Uniform Rules, these will be numbered 199—2505.(4) and 2505.9.

Pursuant to Senate File 2463, section 5, subsection (2)“b,” these proposed rules have been determined to be necessary by the agency to enhance procedures related to contested cases and waivers before the Elevator Safety Board. These rules supplement the uniform rules in a way that assists both applicants and the Board. This proposed rulemaking modifies the Board’s administrative and regulatory authority rules to supplement the agency’s uniform rules on contested case provisions found in 7—Chapter 2506 and on waivers found in 7—Chapter 2504.

This rulemaking implements the transition to the statewide uniform rules on agency procedure as mandated by 2026 Iowa Acts, Senate File 2463. While the Council adopts most of the uniform rules, this rulemaking includes critical additions and exceptions necessary to maintain high professional standards, public trust and public safety.

Pursuant to Senate File 2463, section 5, the Council has determined that the following modifications are necessary to fulfill its statutory responsibilities under Iowa Code Chapter 80B and ensure public safety. These modifications include the following:

ITEM 1: Chapter 2504, Rule Waivers–Modifications to Uniform Rules

Modification: Rule 2504.1(1)“a”–“d” regarding availability of waivers.

This amendment modifies the Uniform Rules on Agency Procedure related to rule waivers (7—Chapter 2504) to ensure that four specific minimum standards for law enforcement officers and reserve officers are not waivable. Iowa Code section 80B.11(1)“a” mandates the minimum age for officers and the Iowa Appellate Courts have approved the Council’s position that the minimum standards for vision, hearing, and physical fitness are not waivable.

ITEM 2: Chapter 2505, Fair Information Practices–Modifications to Uniform Rules

Modification: Rules 2505.9 through 2505.12 regarding personally identifiable information.

These amendments modify the Uniform Rules on Agency Procedure related to fair information practices (7—Chapter 2505) to ensure that the Academy complies with the statutory mandate to identify the personally identifiable information collected and maintained by the agency. 

ITEM 3: Chapter 2506, Contested Cases—Modifications to Uniform Rules 

Modification: Rule 2506.8 regarding telephone proceedings. 

This amendment modifies the Uniform Rules on Agency Procedure related to contested cases (7—Chapter 2506) to ensure that licensing hearings for law enforcement officers allow the flexibility for remote testimony. Licensing hearings frequently involve multiple witnesses from a single agency. While the State and local agencies have an interest in cooperating to present their testimony, the agency must balance its need to still fully function as a law enforcement agency in its jurisdiction.

This rule modifies the Uniform Rules on Agency Procedure related to contested cases (7—Chapter 2506) to ensure that claims governed by Iowa Code chapter 669 (Iowa Tort Claims Act) are governed by the administrative procedures of the Iowa Tort Claims Act and not the contested case provisions of 7—Chapter 2506. 

This amendment modifies the Uniform Rules on Agency Procedure related to contested cases (761—Chapter 2506) which will be effective as of July 1, 2026. These changes are to ensure the Department’s compliance with Iowa Code and continued contested case operation within the uniform rules as enacted by the legislature in Iowa Acts 2026, Senate File 2463.

This amendment modifies the Uniform Rules on Agency Procedure related to declaratory orders (7—Chapter 2503) to ensure that criminal defendants cannot use the declaratory order process to collaterally attack criminal investigations, criminal prosecutions, criminal convictions, or the constitutionality of statutes.  

This rulemaking implements the transition to the statewide uniform rules on agency procedure as mandated by 2026 Iowa Acts, Senate File 2463. While the Department of Corrections (Department) adopts the majority of the uniform rules to ensure consistency across state government, this rulemaking includes critical additions and exceptions necessary to maintain institutional security and comply with correctional-specific statutes.

Pursuant to SF 2463, section 5, the Department has determined that the following modifications are necessary to fulfill its statutory duties under Iowa Code 904. These changes include the following:

Item 1: Chapter 5– Public Records and Fair Information Practices

Modification: Rescind 201–Chapter 5

Justification: Senate File 2463 rescinded the majority of 201–Chapter 5 effective July 1, 2026. The Department is required to maintain specific information policies regarding personally identifiable information (PII) pursuant to Iowa Code section 22.11. To avoid administrative “orphan” rules and potential confusion for the public, the Department is rescinding the entirety of 201–Chapter 5 and simultaneously adopting the mandatory PII provisions within the new 201-Chapter 2505. This ensures all Fair Information Practices are centralized and compliant with statutory requirements.

Item 2: Chapter 2501–Agency Procedure for Rulemaking

Modification: Rule 201–2501.2 regarding exemptions relating to incarcerated individuals/clients.

Justification: This addition reflects the Department’s existing authority under Iowa Code section 17A.2(11) “k,” which exempts policies, procedures, and statements relating only to inmates of a penal institution from the rulemaking process. These operational mandates are vital to the safe and orderly management of the incarcerated population. Maintaining these policies in departmental manuals, institutional manuals/handbooks, as well as on the Department’s website ensures they remain easily accessible to staff, the public, and the incarcerated individual/client population. This approach provides the Department the necessary flexibility to update security protocols and behavioral expectations promptly in response to evolving institutional needs.

Item 3: Chapter 2504–Rule Waivers

Modification: Rule 201–2504.6 regarding public availability and redaction of records.

Justification: Under Iowa Code section 904.602, the Department is the custodian of highly sensitive security and incarcerated individual/client data. While waiver petitions are public records, the Department must have the explicit authority to redact information mandated as confidential by correctional statutes prior to public inspection to ensure that transparency does not compromise institutional safety or violate the privacy and confidentiality rights of incarcerated individuals/clients as protected under Iowa law.

Item 4: Chapter 2505–Fair Information Practices

Modification 1: Subrule 201–2505.3(1) Location of record.

Justification: This clarification directs requesters to the specific place of confinement or the Iowa Medical and Classification Center, ensuring requests are handled by the correct custodial unit, promoting timely response and reducing administrative delays.

Modification 2: Paragraph 201–2505.3(7) “b” Fees and costs; and 201–2505.3(7) “c” Advanced payment.

Justification: The Department is opting out of the uniform "three-hour" free labor threshold and the "$250.00" advance payment. These modifications are necessary because the Department manages a high volume of complex record requests that often require extensive manual searches and highly technical confidentiality reviews by staff and legal counsel. Requiring three hours of staff or attorney labor at no charge would create a significant unfunded mandate, materially increasing the administrative workload and diverting limited Departmental resources away from core public safety and institutional security missions. The modified approach of providing 30 minutes of labor at no cost and requiring advance payment for estimated fees exceeding $25.00 reflects the Department's current successful practice. This structure appropriately balances the public's right to access records with the Department’s need to manage resources responsibly. The  $25.00 advance payment threshold is vital to ensure the Department can recover the actual costs of labor and to prevent the expenditure of significant staff time on requests that are later abandoned or left unpaid.

Modification 3: Rule 201–2505.9 Confidentiality under Iowa Code chapter 904.

Justification: Records maintained by the Department are not only subject to Iowa Code Chapter 22, but also the provisions of 904.601, 904.602, and 904.603. Including these provisions ensures requests are handled consistently with statutory confidentiality mandates and protects sensitive correctional, security, and incarcerated individual/client information.

Modification 4: Rule 201–2505.10 Personally Identifiable Information (PII). 

Justification: The Department is reintegrating the descriptions of PII systems, formerly located in 201–Chapter 5. This reintegration is necessary to fulfill the requirements of Iowa Code section 22.11, which mandates that state agencies describe the nature and extent of the PII they collect. By housing this information within 201–Chapter 2505, the Department ensures all Fair Information Practices are centralized in a single chapter, preventing administrative “straggler” provisions and providing the public with a cohesive guide to Departmental records.

Item 5: Chapter 2506–Contested Cases 

Modification: Rules 201–2506.32 through 201–2506.35

Justification: While the Department adopts the Uniform Rules on Contested Cases, specific additions are required to implement Iowa Code sections 356.36(2) and 356.43. These provisions, previously located in 201–Chapter 12, establish the mandatory criteria for a Notice of Noncompliance, the Informal Settlement process, and the specific triggers for requesting a hearing regarding facility inspections. Centralizing these “pre-hearing” procedures within the new 201–Chapter 2506 ensures local agencies have clear notice of the Department’s enforcement process before a formal contested case begins under the uniform rule framework.

This amendment modifies the Uniform Rules of Agency Procedure related to Fair Information Practices to ensure agency compliance with Iowa Code Section 22.11 regarding personally identifiable information (PII) that is unique to the State Public Defender. Section 22.11 imposes an obligation on each agency to adopt rules which provide the nature of PII collected by the agency and to indicate which records contain PII and if they are public or confidential. Since the uniform rule is not specific to each agency, this rulemaking is necessary to comply with the statute directive regarding PII.

The proposed rulemaking addresses the financial responsibility requirements for adjusters that had previously been set out in Iowa Code and in the Insurance Division Bulletin.  The rulemaking allows for expanded methods by which adjusters may comply with the financial responsibility requirements.  The financial responsibility requirements could be the subject of frequent adjustments; therefore, the rulemaking process affords greater flexibility in addressing such changes. 

This rulemaking rescinds rules 9.2 and 9.12, which were not automatically rescinded under the provisions of 2026 Iowa Acts, Senate File 2463.

These amendments also modify the Uniform Rules on Agency Procedure related to rule waivers (7—Chapter 2504), fair information practices (7—Chapter 2505) and contested cases (7—Chapter 2506) to maintain rules as determined necessary by the Department and to ensure that the Department follows all applicable State and federal requirements not currently contained in the Uniform Rules on Agency Procedure.

The rules involved and reasons for differences are detailed below.

• Rule Waivers (441—Chapter 2504)

• Did not adopt language from 7—subrule 2504.3(2) allowing an evidentiary hearing on the denial of a request for waiver. Iowa Code section 17.9A(2) provides that determinations on waivers are within the sole discretion of an agency and therefore would not properly be raised before an administrative law judge (ALJ).

• Fair information practices (441—Chapter 2505)

• Added definitions in 441—2505.1 necessitated by the new subrules, below.

• Added new subrule 441—2505.5(4) which provides that individuals may request restrictions on the use of protected health information (PHI) pursuant to 45 CFR 164.522.

• Added new subrule 441—2505.7(1) relating to disclosures of PHI allowed under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

• Added new subrule 441—2505.7(2) specifying that the Department will also maintain written policies for general uses of PHI for treatment, payment, and healthcare operations purusant to HIPAA.

• Added new subrule 441—2505.9 to restore the provisions of 441—rule 9.12(17A,22), which was allowed to be retained by the Department under the provisions of 2026 Iowa Acts, Senate File 2463.

• Contested cases (441—Chapter 2506)

• Added definitions to rule 441—2506.2(17A) that pertain to subsequent additions to the Uniform Rule.

• Replaced language of subrule 2506.3(1) pertaining to time computation with more specific provisions to account for time tolled for State holidays that is not accounted for in the Iowa Code section referenced in the Uniform Rule.

• Added subrule 441—2506.4(3) regarding “parties-in-interest” to a contested case. The Department frequently encounters situations in which a contested case hearing is requested by individuals who are not constitutionally or statutorily entitled to a hearing. Adding this subrule provides clear guidelines for those situations.

• Added subrule 441—2506.4(4) outlining situations in which a contested case hearing will not be granted by the Department.

• Added subrule 441—2506.4(5) which accounts for situations in which all other remedies must be exhausted prior to a contested case hearing being granted. For example, under Medicaid managed care, aggrieved enrollees must first go through the internal grievance process established by the Managed Care Organizations (MCOs) prior to requesting a contested case hearing from the State.

• Added subrule 441—2506.4(6) to accommodate federal regulations for appeals under Medicaid and the Supplemental Nutrition Assistance Program (SNAP). These regulations outline the methods in which appeals can be submitted and encompasses more than electronic submission, which is the only method allowed under the Uniform Rule.

• Added subrule 441—2506.4(7) which sets a standard timeframe to file appeals for situations in which another law or rule does not set forth the timeframe.

• Added subrule 441—2506.4(8) regarding acceptance or denial of an appeal. The Department receives approximately 10,000 appeal requests per year, many from unrepresented individuals. This provision allows the Department to vet the requests to determine whether they should move forward, facilitating efficiency, while still preserving an individual’s right to appeal.

• Added subrule 441—2506.4(9) which allows the Department to designate and certify exactly which issues are to be decided in the contested case proceeding. This creates clarity early in the process yet allows the issues to be adjusted as the appeal progresses. This provision is not included in the Uniform Rules.

• Added subrule 441—2506.4(10) to incorporate federal requirements for SNAP hearings.

• Added a revised subrule 441—2506.5(2), which excludes language from the Uniform rule that the Department has already clarified by previously adding subrule 441—2506.4(7). This clearly establishes that the Department bears the burden of identifying the issues of the matter. In addition, the revised subrule excludes language that would require the Department to set forth the telephone number and address of all representatives, which would require a system change for the Department.

• Added revised language subrule 441—2506.6(1). The revision reflects the fact that almost all the Department’s appeals go before an ALJ and therefore parties would only have to request an ALJ in the event one has not already been assigned.

• Added subrules 441—2506.10(3) and (4) to ensure compliance with federal regulations for Medicaid and SNAP appeals, respectively.

• Excluded 441—rule 2506.11(17A), which would require a formal petition in addition to the request for contested case hearing and would also require the Department to answer every appeal. Due to the Department’s high volume of appeals and current appeals system constraints, the requirements of this rule would be overly burdensome.

• Added conforming language to subrule 441—2506.12(1) to reflect the Department’s addition of subrule 441—2506.4(4) regarding filing methodology. This addition ensures compliance with federal Medicaid regulations.

• Added subrule 441—2506.18(1) which conforms to the federal regulations that dictate method of withdrawal from Medicaid appeals.

• Added subrule 441—2506.18(2) which conforms to the federal regulations that dictate method of withdrawal from SNAP appeals.

• Added language to subrule 441—2506.20(3) to:

• Explicitly state that the Department may be represented by its own employees or employees of Department contractors at contested case hearings.

• Explicitly state that Medicaid members may appoint an “authorized representative” to represent them in all Department matters as required by 42 CFR 435.923.

• Added subrule 441—2506.20(8) to help ensure that the terms of “authorized representation” are clearly defined and properly limited to protect Medicaid members’ interests.

• Added subrule 441—2506.20(9) to require legal counsel to enter an appearance. Because the Department does not require petitions and answers, requiring counsel to enter an appearance is necessary to ensure the Department is aware of representation. 

• Added subrule 441—2506.20(10) which provides that absent a mutual agreement by the parties, contested case hearings are closed to the public. This is necessary because many of the Department’s appeals pertain to sensitive, confidential situations and information.

• Added paragraphs to subrule 441—2506.27(1) to reflect the unique timeframes required by State or federal law for Medicaid, SNAP, child abuse, and the Special Supplemental Nutrition Program for Women and Children (WIC) appeals of proposed decisions.

• Added the qualifier, “Unless otherwise required by law,” to subrule 441—2506.27(2) to reflect the timeframes described in subrule 441—2506.27(1).

• Added new subrule 441—2506.27(7) to maintain the Department’s existing requirement that a director’s review on appeal is limited to the issues and record heard by the ALJ.

• Added new rule 441—2506.32(17A) to implement federal requirements for the timeframes within which contested cases must be held for Medicaid, division of spousal community resources for benefit determinations, SNAP, and WIC.

• Added new rule 441—2506.33(17A) to reflect the federal requirements for an expedited review for Medicaid appeals.

• Added new rule 441—2506.34(17A) to account for the federal requirements for administrative disqualifications hearings with respect to the SNAP program.

• Added new rule 441—2506.35(17A) containing federal requirements for continuation and reinstatement of benefits in certain circumstances and allowing the Department to recoup benefits in the event an adverse action is overturned. 

This amendment modifies the Uniform Rules on Agency Procedure related to contested cases (7—Chapter 2506) to ensure that contested cases arising from Workforce Innovation and Opportunity Act programs, Registered Apprenticeship programs, and Vocational Rehabilitation programs are governed by the applicable Federal regulations (20 CFR Part 683 Subpart F, 29 CFR Parts 29 and 30, and 34 CFR Part 361) and not the contested case provisions of 7—Chapter 2506.

 The new Uniform Rules on Agency Procedure are effective as of January 13, 2026, which means there is an inconsistency between the contested case provisions of the Uniform Rules and the procedures laid out in 20 CFR Part 683 Subpart F, 29 CFR Parts 29 and 30, and 34 CFR Part 361. Earlier adoption of this rulemaking will allow the Workforce Development Department to ensure any contested case coming before the Department has clear direction as to the appropriate procedural requirements.

Iowa Code section 17A.24 provides that if an agency does not have rules in effect covering certain procedural subjects, then uniform rules adopted by the administrative rules coordinator apply to the agency.  The administrative rules coordinator has adopted uniform administrative rules in title 7 of the Iowa Administrative Code.

Senate File 2463, section 4, subparagraphs (1)(be) and (bf) legislatively rescind certain Commission rules effective July 1, 2026.  Accordingly, under Iowa Code section 17A.24(2), the agency will not have rules in effect addressing the uniform rule subjects, and so the uniform rules will apply to the Commission.  However, under section 17A.24(3), an agency may adopt rules providing for additions, exceptions, or amendments to a uniform rule.  Senate File 2463, section 5, authorizes emergency rulemaking for this purpose.

Under Senate File 2463, section 5, subparagraph (2), an agency may only adopt emergency rules upon making certain findings.  The Commission finds that the emergency rules are otherwise necessary under subparagraph (2)(b), as explained below.

ITEM 1 modifies a uniform rule by streamlining the requirements applicable to intervenors in declaratory order proceedings before the Commission.  The uniform rule requires potential intervenors to detail facts supporting the intervenor’s standing and qualifications for intervention.  The Commission’s modification requires potential intervenors only to detail facts supporting the intervenor’s qualifications for intervention.  This modification is necessary because an intervenor’s qualifications for intervention necessarily includes their standing, rendering a separate mention of standing superfluous.

ITEM 2 modifies a uniform rule by providing that lengthy and technical filings will not be required in certain categories of licensing appeals.  The uniform rule provides that filing requirements in contested cases may be imposed by rule, by the notice of hearing, or by order of the presiding officer.  The Commission’s modification to this rule adds an exception clarifying that for certain categories of occupational licensing appeals, pleadings other than a notice of appeal will not be required.  Adding this language to the rule is necessary because it avoids imposing a potential burden on occupational license applicants, many of whom are not represented by counsel when going through the licensing process.

Pursuant to Sente File 2463, section 5, subsection 2, "b", these rules are determined to be necessary by the agency to enhance procedures related to contested cases and waivers before the Board. These rules supplement the uniform rules in a way that assists both applicants and the Board. This amendment modifies the Boiler and Pressure Vessel Board Administrative and Regulatory Authority rules to supplement the agency’s Uniform Rules on contested case provisions found in 7—Chapter 2506 and Uniform Rules related to waiver found in 7— Chapter 2504. 

 This proposed rulemaking removes the requirement that the department include a full Social Security number when mailing statements to reimbursable employers.

Uniform rules of agency procedures which are suitable for general applicability to agencies for rulemaking, petitions for rulemaking, waiver of rules, declaratory orders, contested cases and fair information practices.