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House File 856 - IntroducedA Bill ForAn Act 1concerning the rulemaking process for executive branch
2agencies and related matters.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 2B.13, subsection 2, paragraphs b, d, and
2f, Code 2021, are amended to read as follows:
3b. Correct references to rules or Code sections, or chapters
4or subunits thereof, which are cited erroneously or have been
5repealed, amended, or renumbered.
6d. Transfer, divide, or combine rules or parts of rules
7and add or amend catchwords to rules and subrules or parts of
8rules.
9f. Update the address, telephone number, facsimile number,
10or electronic mail address, or internet site address of an
11agency, officer, or other entity.
12 Sec. 2. Section 2B.17, subsection 5, paragraph a, Code 2021,
13is amended to read as follows:
14a. The Iowa Administrative Bulletin shall be cited as the
15IAB, with references identifying the volume number which may be
16based on a fiscal year cycle, the issue number, the publication
17date, and the ARC number assigned to the rulemaking document by
18the administrative rules coordinator pursuant to section 17A.4
19or section 17A.5. Subject to the legislative services agency
20style manual, the citation may also include the publication’s
21page number.
22 Sec. 3. Section 17A.2, subsection 1, Code 2021, is amended
23to read as follows:
241. “Agency” means each board, commission, department,
25officer or other administrative office or unit of the state.
26“Agency” does not mean the general assembly or any of its
27components other than the office of ombudsman, the judicial
28branch or any of its components, the office of consumer
29advocate, the governor, or a political subdivision of the
30state or its offices and units. Unless provided otherwise by
31statute, no less than two-thirds of the members eligible to
32vote of a multimember agency constitute a quorum authorized to
33act in the name of the agency.
34 Sec. 4. Section 17A.2, subsection 11, unnumbered paragraph
351, Code 2021, is amended to read as follows:
-1- 1“Rule” means each agency statement of general applicability
2that implements, interprets, or prescribes law or policy,
3or that describes the organization, procedure, or practice
4requirements of any agency. Notwithstanding any other statute,
5the term includes an executive order or directive of the
6governor which creates an agency or establishes a program or
7which transfers a program between agencies established by
8statute or rule. The term includes the amendment or repeal of
9an existing rule, but does not include:
10 Sec. 5. Section 17A.2, subsection 11, paragraph g, Code
112021, is amended to read as follows:
12g. A specification of the prices to be charged for goods or
13services sold by an agency as distinguished from a license fee,
14application fee, or other fees as described in section 17A.6C.
15 Sec. 6. Section 17A.4, subsection 1, paragraph a, Code 2021,
16is amended to read as follows:
17a. Give notice of its intended action by submitting
18the notice to the administrative rules coordinator and
19the administrative code editor. The administrative rules
20coordinator shall assign an ARC number to each rulemaking
21document. The administrative code editor shall publish each
22notice meeting the requirements of this chapter in the Iowa
23administrative bulletin created pursuant to section 2B.5A.
24 The legislative services agency shall also submit a copy of
25the notice to provide the chairpersons and ranking members of
26the appropriate standing committees of the general assembly
27an opportunity to review an electronic copy of the notice
28 for additional study. Any notice of intended action shall
29be published at least thirty-five days in advance of the
30action. The notice shall include a statement of either the
31terms or substance of the intended action or a description of
32the subjects and issues involved, and the time when, the place
33where, and the manner in which interested persons may present
34their views.
35 Sec. 7. Section 17A.4, subsection 8, Code 2021, is amended
-2-1to read as follows:
28. Upon the vote of two-thirds of its members, the
3administrative rules review committee, following notice
4of intended action as provided in subsection 1 and prior
5to adoption of a rule pursuant to that notice, may suspend
6further action relating to the agency from adopting that
7notice for seventy days. The adoption of a notice of intended
8action shall only be suspended once pursuant this subsection.
9 Notice that adoption of a notice of intended action was
10suspended under this provision shall be published in the Iowa
11administrative code and bulletin.
12 Sec. 8. Section 17A.5, subsection 1, Code 2021, is amended
13to read as follows:
141. Each agency shall file each rule adopted by the agency
15with the office of the administrative rules coordinator and
16provide an exact copy to the administrative code editor. The
17administrative rules coordinator shall assign an ARC number to
18each rulemaking document. The administrative rules coordinator
19 code editor shall keep a permanent electronic register of the
20rules open to public inspection. The administrative code
21editor shall publish each rule adopted in accordance with this
22chapter in the Iowa administrative code.
23 Sec. 9. Section 17A.6, Code 2021, is amended by adding the
24following new subsections:
25 NEW SUBSECTION. 1A. For purposes of subsections 2 through
265, “publication” does not include the Iowa Code, Iowa Acts, Iowa
27administrative code, or Iowa court rules.
28 NEW SUBSECTION. 4. An agency which adopts a standard by
29reference to another publication or a portion thereof shall
30include as part of the reference a date certain, edition or
31amendment number, or other information identifying the specific
32version of the publication or the specific point in time from
33which the text of the publication can be determined. The
34adoption of a standard by reference to another publication
35shall not include adoption of any amendment, edition, or
-3-1version of the publication subsequent to the effective date of
2the adoption.
3 NEW SUBSECTION. 5. An agency shall include in the preamble
4to each rule submitted pursuant to section 17A.4 or 17A.5
5that adopts standards by reference to another publication or
6portion thereof a brief explanation of the content of the
7publication or portion and, if the rule updates a reference
8to a publication previously adopted by reference, a brief
9explanation of any changes in the content of the publication.
10 Sec. 10. NEW SECTION. 17A.6C Agency fees — rules.
11The amount of a license fee, application fee, or other fee
12established by an agency, including any subsequent increase or
13decrease in the amount, shall be specified in a rule adopted by
14the agency. This section does not apply where the amount of a
15fee is specifically established in the Iowa Code, Iowa Acts,
16or by federal law.
17 Sec. 11. Section 17A.8, subsection 1, Code 2021, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. c. The administrative rules coordinator
20shall serve as an ex officio, nonvoting member.
21 Sec. 12. Section 17A.8, subsections 2, 3, and 10, Code 2021,
22are amended to read as follows:
232. A committee member appointed pursuant to subsection 1,
24paragraph “a” or “b”, shall be appointed as of the convening
25of a regular session convened in an odd-numbered year. The
26term of office for a member of the house of representatives
27shall end upon the convening of the general assembly following
28the appointment. The term of office for a member of the
29senate shall end upon the convening of the general assembly
30after the general assembly following appointment. However, a
31member shall serve until a successor is appointed. A vacancy
32on the committee shall be filled by the original appointing
33authority for the remainder of the term. A vacancy shall exist
34whenever a committee member appointed pursuant to subsection 1,
35paragraph “a” or “b”, ceases to be a member of the house from
-4-1which the member was appointed.
23. A committee member appointed pursuant to subsection 1,
3paragraph “a” or “b”, shall be paid the per diem specified in
4section 2.10, subsection 5, for each day in attendance and
5shall be reimbursed for actual and necessary expenses. There
6is appropriated from money in the general fund not otherwise
7appropriated an amount sufficient to pay costs incurred under
8this section.
910. a. Upon the vote of two-thirds of its members, the
10administrative rules review committee may delay the effective
11date of a rule or portion of a rule seventy days beyond that
12permitted in section 17A.5, unless the rule was adopted under
13section 17A.5, subsection 2, paragraph “b”. The effective
14date of a rulemaking document or portion thereof shall only
15be delayed once under this subsection. If the rule was
16adopted under section 17A.5, subsection 2, paragraph “b”, the
17administrative rules review committee, within thirty-five days
18of the publication of the rule in the Iowa administrative
19bulletin and upon the vote of two-thirds of its members, may
20suspend the applicability of the rule or portion of the rule
21for seventy days. The applicability of a rulemaking document
22or portion thereof shall only be suspended once under this
23subsection.
24b. Notice of an effective date that was delayed or of
25applicability that was suspended under this provision shall be
26published in the Iowa administrative code and bulletin.
27 Sec. 13. Section 17A.8, subsection 9, paragraph a, Code
282021, is amended to read as follows:
29a. Upon a vote of two-thirds of its members, the
30administrative rules review committee may delay the effective
31date of a rule or portion of a rule until the adjournment of the
32next regular session of the general assembly, unless the rule
33was adopted under section 17A.5, subsection 2, paragraph “b”.
34The effective date of a rulemaking document or portion thereof
35shall only be delayed once under this subsection. If the rule
-5-1was adopted under section 17A.5, subsection 2, paragraph “b”,
2the administrative rules review committee, within thirty-five
3days of the publication of the rule in the Iowa administrative
4bulletin and upon the vote of two-thirds of its members, may
5suspend the applicability of the rule or portion of the rule
6until the adjournment of the next regular session of the
7general assembly. The applicability of a rulemaking document
8or portion thereof shall only be suspended once under this
9subsection.
10 Sec. 14. Section 17A.8, subsection 9, Code 2021, is amended
11by adding the following new paragraph:
12 NEW PARAGRAPH. c. Notice of an effective date that was
13delayed or of applicability that was suspended under this
14provision shall be published in the Iowa administrative code
15and bulletin.
16 Sec. 15. Section 17A.9A, subsection 4, Code 2021, is amended
17to read as follows:
184. A grant or denial of a waiver petition shall be indexed,
19filed, and available for public inspection as provided
20in section 17A.3. The administrative code editor and the
21administrative rules coordinator shall devise maintain an
22internet site to identify rules for which a petition for a
23waiver has been granted or denied and make this information
24available to the public. When an agency grants or denies a
25waiver, the agency shall submit the information required by
26this subsection on the internet site within sixty days. The
27internet site shall identify the rules for which a waiver
28has been granted or denied, the number of times a waiver was
29granted or denied for each rule, a citation to the statutory
30provisions implemented by these rules, and a general summary
31of the reasons justifying the agencies’ actions on the waiver
32request. To the extent practicable, the agency shall include
33information detailing the extent to which the granting of a
34waiver has established a precedent for additional waivers and
35the extent to which the granting of a waiver has affected the
-6-1general applicability of the rule itself.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to the administrative rulemaking process
6for executive branch agencies under Code chapter 17A, the Iowa
7administrative procedure Act.
8The bill allows the administrative code editor to update
9the internet site address of an agency, officer, or other
10entity when preparing the copy for an edition of the Iowa
11administrative code or Iowa administrative bulletin. The
12bill also allows the administrative code editor to correct
13references to chapters or subunits of rules or Code sections
14that are cited erroneously or have been repealed, amended, or
15renumbered, and to add or amend catchwords to parts of rules.
16The bill provides that a citation to the Iowa administrative
17bulletin shall include the publication date and the ARC number
18of an adopted rulemaking document.
19The bill provides that the exclusion of the legislative
20branch from the definition of “agency” in Code chapter 17A
21includes components of the legislative branch, but does not
22include the office of ombudsman.
23The bill strikes language providing that an executive
24order or directive of the governor which creates an agency or
25establishes a program or which transfers a program between
26agencies established by statute or rule is included in the
27definition of “rule” in Code chapter 17A.
28The bill strikes language requiring that an agency submit
29a copy of a notice of intended action to the chairpersons
30and ranking members of the appropriate standing committees
31of the general assembly. The bill instead requires that the
32legislative services agency provide the chairpersons and
33ranking members an opportunity to review an electronic copy of
34such notices.
35The bill strikes language allowing the administrative
-7-1rules review committee (ARRC), by a vote of two-thirds of its
2members, to suspend further action relating to a notice of
3intended action for 70 days. The bill instead allows the ARRC,
4by a vote of two-thirds of its members, to suspend the agency
5from adopting a notice for 70 days. The bill provides that
6adoption of a notice may only be suspended once.
7The bill strikes language requiring the administrative rules
8coordinator to keep a permanent register of rules open to the
9public. The bill instead requires the administrative code
10editor to keep a permanent electronic register of rules open
11to the public.
12The bill requires an agency which adopts a standard by
13reference to another publication or a portion thereof to
14include as part of the reference a date certain, edition or
15amendment number, or other information identifying the specific
16version of the publication or the specific point in time from
17which the text of the publication can be determined. The
18adoption of a standard by reference to another publication
19shall not include adoption of any amendment, edition, or
20version of the publication subsequent to the effective date of
21the adoption.
22The bill requires an agency to include in the preamble to
23each rule submitted for publication that adopts standards by
24reference to another publication or portion thereof a brief
25explanation of the content of the publication or portion and,
26if the rule updates a reference to a publication previously
27adopted by reference, a brief explanation of any changes in the
28content of the publication.
29The bill provides that “publication”, for purposes of
30requirements of Code chapter 17A relating to adoption by
31agencies of standards by reference to other publications, does
32not include the Iowa Code, Iowa Acts, Iowa administrative code,
33or Iowa court rules.
34The bill provides that the amount of a license fee,
35application fee, or other fee established by an agency,
-8-1including any subsequent increase or decrease in the amount,
2shall be specified in a rule adopted by the agency. The
3requirement does not apply where the amount of a fee is
4specifically established in the Iowa Code, Iowa Acts, or by
5federal law.
6The bill provides that the administrative rules coordinator
7shall serve as an ex officio, nonvoting member of the ARRC.
8The bill provides that the delay of an effective date
9of a rule for 70 days or until the adjournment of the next
10regular session of the general assembly, or the suspension of
11applicability of a rule for 70 days or until the adjournment of
12the next regular session of the general assembly, by the ARRC
13may each only occur once per rulemaking document.
14The bill provides that notice of the delay of an effective
15date or suspension of applicability of a rule until the
16adjournment of the next regular session of the general
17assembly shall be published in the Iowa administrative code and
18bulletin.
19The bill modifies terminology relating to the internet site
20used to identify rules for which a petition for a waiver has
21been granted or denied.
-9-je/rn
2agencies and related matters.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 2B.13, subsection 2, paragraphs b, d, and
2f, Code 2021, are amended to read as follows:
3b. Correct references to rules or Code sections, or chapters
4or subunits thereof, which are cited erroneously or have been
5repealed, amended, or renumbered.
6d. Transfer, divide, or combine rules or parts of rules
7and add or amend catchwords to rules and subrules or parts of
8rules.
9f. Update the address, telephone number, facsimile number,
10or electronic mail address, or internet site address of an
11agency, officer, or other entity.
12 Sec. 2. Section 2B.17, subsection 5, paragraph a, Code 2021,
13is amended to read as follows:
14a. The Iowa Administrative Bulletin shall be cited as the
15IAB, with references identifying the volume number which may be
16based on a fiscal year cycle, the issue number, the publication
17date, and the ARC number assigned to the rulemaking document by
18the administrative rules coordinator pursuant to section 17A.4
19or section 17A.5. Subject to the legislative services agency
20style manual, the citation may also include the publication’s
21page number.
22 Sec. 3. Section 17A.2, subsection 1, Code 2021, is amended
23to read as follows:
241. “Agency” means each board, commission, department,
25officer or other administrative office or unit of the state.
26“Agency” does not mean the general assembly or any of its
27components other than the office of ombudsman, the judicial
28branch or any of its components, the office of consumer
29advocate, the governor, or a political subdivision of the
30state or its offices and units. Unless provided otherwise by
31statute, no less than two-thirds of the members eligible to
32vote of a multimember agency constitute a quorum authorized to
33act in the name of the agency.
34 Sec. 4. Section 17A.2, subsection 11, unnumbered paragraph
351, Code 2021, is amended to read as follows:
-1- 1“Rule” means each agency statement of general applicability
2that implements, interprets, or prescribes law or policy,
3or that describes the organization, procedure, or practice
4requirements of any agency. Notwithstanding any other statute,
5the term includes an executive order or directive of the
6governor which creates an agency or establishes a program or
7which transfers a program between agencies established by
8statute or rule. The term includes the amendment or repeal of
9an existing rule, but does not include:
10 Sec. 5. Section 17A.2, subsection 11, paragraph g, Code
112021, is amended to read as follows:
12g. A specification of the prices to be charged for goods or
13services sold by an agency as distinguished from a license fee,
14application fee, or other fees as described in section 17A.6C.
15 Sec. 6. Section 17A.4, subsection 1, paragraph a, Code 2021,
16is amended to read as follows:
17a. Give notice of its intended action by submitting
18the notice to the administrative rules coordinator and
19the administrative code editor. The administrative rules
20coordinator shall assign an ARC number to each rulemaking
21document. The administrative code editor shall publish each
22notice meeting the requirements of this chapter in the Iowa
23administrative bulletin created pursuant to section 2B.5A.
24 The legislative services agency shall also submit a copy of
25the notice to provide the chairpersons and ranking members of
26the appropriate standing committees of the general assembly
27an opportunity to review an electronic copy of the notice
28 for additional study. Any notice of intended action shall
29be published at least thirty-five days in advance of the
30action. The notice shall include a statement of either the
31terms or substance of the intended action or a description of
32the subjects and issues involved, and the time when, the place
33where, and the manner in which interested persons may present
34their views.
35 Sec. 7. Section 17A.4, subsection 8, Code 2021, is amended
-2-1to read as follows:
28. Upon the vote of two-thirds of its members, the
3administrative rules review committee, following notice
4of intended action as provided in subsection 1 and prior
5to adoption of a rule pursuant to that notice, may suspend
6further action relating to the agency from adopting that
7notice for seventy days. The adoption of a notice of intended
8action shall only be suspended once pursuant this subsection.
9 Notice that adoption of a notice of intended action was
10suspended under this provision shall be published in the Iowa
11administrative code and bulletin.
12 Sec. 8. Section 17A.5, subsection 1, Code 2021, is amended
13to read as follows:
141. Each agency shall file each rule adopted by the agency
15with the office of the administrative rules coordinator and
16provide an exact copy to the administrative code editor. The
17administrative rules coordinator shall assign an ARC number to
18each rulemaking document. The administrative rules coordinator
19 code editor shall keep a permanent electronic register of the
20rules open to public inspection. The administrative code
21editor shall publish each rule adopted in accordance with this
22chapter in the Iowa administrative code.
23 Sec. 9. Section 17A.6, Code 2021, is amended by adding the
24following new subsections:
25 NEW SUBSECTION. 1A. For purposes of subsections 2 through
265, “publication” does not include the Iowa Code, Iowa Acts, Iowa
27administrative code, or Iowa court rules.
28 NEW SUBSECTION. 4. An agency which adopts a standard by
29reference to another publication or a portion thereof shall
30include as part of the reference a date certain, edition or
31amendment number, or other information identifying the specific
32version of the publication or the specific point in time from
33which the text of the publication can be determined. The
34adoption of a standard by reference to another publication
35shall not include adoption of any amendment, edition, or
-3-1version of the publication subsequent to the effective date of
2the adoption.
3 NEW SUBSECTION. 5. An agency shall include in the preamble
4to each rule submitted pursuant to section 17A.4 or 17A.5
5that adopts standards by reference to another publication or
6portion thereof a brief explanation of the content of the
7publication or portion and, if the rule updates a reference
8to a publication previously adopted by reference, a brief
9explanation of any changes in the content of the publication.
10 Sec. 10. NEW SECTION. 17A.6C Agency fees — rules.
11The amount of a license fee, application fee, or other fee
12established by an agency, including any subsequent increase or
13decrease in the amount, shall be specified in a rule adopted by
14the agency. This section does not apply where the amount of a
15fee is specifically established in the Iowa Code, Iowa Acts,
16or by federal law.
17 Sec. 11. Section 17A.8, subsection 1, Code 2021, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. c. The administrative rules coordinator
20shall serve as an ex officio, nonvoting member.
21 Sec. 12. Section 17A.8, subsections 2, 3, and 10, Code 2021,
22are amended to read as follows:
232. A committee member appointed pursuant to subsection 1,
24paragraph “a” or “b”, shall be appointed as of the convening
25of a regular session convened in an odd-numbered year. The
26term of office for a member of the house of representatives
27shall end upon the convening of the general assembly following
28the appointment. The term of office for a member of the
29senate shall end upon the convening of the general assembly
30after the general assembly following appointment. However, a
31member shall serve until a successor is appointed. A vacancy
32on the committee shall be filled by the original appointing
33authority for the remainder of the term. A vacancy shall exist
34whenever a committee member appointed pursuant to subsection 1,
35paragraph “a” or “b”, ceases to be a member of the house from
-4-1which the member was appointed.
23. A committee member appointed pursuant to subsection 1,
3paragraph “a” or “b”, shall be paid the per diem specified in
4section 2.10, subsection 5, for each day in attendance and
5shall be reimbursed for actual and necessary expenses. There
6is appropriated from money in the general fund not otherwise
7appropriated an amount sufficient to pay costs incurred under
8this section.
910. a. Upon the vote of two-thirds of its members, the
10administrative rules review committee may delay the effective
11date of a rule or portion of a rule seventy days beyond that
12permitted in section 17A.5, unless the rule was adopted under
13section 17A.5, subsection 2, paragraph “b”. The effective
14date of a rulemaking document or portion thereof shall only
15be delayed once under this subsection. If the rule was
16adopted under section 17A.5, subsection 2, paragraph “b”, the
17administrative rules review committee, within thirty-five days
18of the publication of the rule in the Iowa administrative
19bulletin and upon the vote of two-thirds of its members, may
20suspend the applicability of the rule or portion of the rule
21for seventy days. The applicability of a rulemaking document
22or portion thereof shall only be suspended once under this
23subsection.
24b. Notice of an effective date that was delayed or of
25applicability that was suspended under this provision shall be
26published in the Iowa administrative code and bulletin.
27 Sec. 13. Section 17A.8, subsection 9, paragraph a, Code
282021, is amended to read as follows:
29a. Upon a vote of two-thirds of its members, the
30administrative rules review committee may delay the effective
31date of a rule or portion of a rule until the adjournment of the
32next regular session of the general assembly, unless the rule
33was adopted under section 17A.5, subsection 2, paragraph “b”.
34The effective date of a rulemaking document or portion thereof
35shall only be delayed once under this subsection. If the rule
-5-1was adopted under section 17A.5, subsection 2, paragraph “b”,
2the administrative rules review committee, within thirty-five
3days of the publication of the rule in the Iowa administrative
4bulletin and upon the vote of two-thirds of its members, may
5suspend the applicability of the rule or portion of the rule
6until the adjournment of the next regular session of the
7general assembly. The applicability of a rulemaking document
8or portion thereof shall only be suspended once under this
9subsection.
10 Sec. 14. Section 17A.8, subsection 9, Code 2021, is amended
11by adding the following new paragraph:
12 NEW PARAGRAPH. c. Notice of an effective date that was
13delayed or of applicability that was suspended under this
14provision shall be published in the Iowa administrative code
15and bulletin.
16 Sec. 15. Section 17A.9A, subsection 4, Code 2021, is amended
17to read as follows:
184. A grant or denial of a waiver petition shall be indexed,
19filed, and available for public inspection as provided
20in section 17A.3. The administrative code editor and the
21administrative rules coordinator shall devise maintain an
22internet site to identify rules for which a petition for a
23waiver has been granted or denied and make this information
24available to the public. When an agency grants or denies a
25waiver, the agency shall submit the information required by
26this subsection on the internet site within sixty days. The
27internet site shall identify the rules for which a waiver
28has been granted or denied, the number of times a waiver was
29granted or denied for each rule, a citation to the statutory
30provisions implemented by these rules, and a general summary
31of the reasons justifying the agencies’ actions on the waiver
32request. To the extent practicable, the agency shall include
33information detailing the extent to which the granting of a
34waiver has established a precedent for additional waivers and
35the extent to which the granting of a waiver has affected the
-6-1general applicability of the rule itself.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to the administrative rulemaking process
6for executive branch agencies under Code chapter 17A, the Iowa
7administrative procedure Act.
8The bill allows the administrative code editor to update
9the internet site address of an agency, officer, or other
10entity when preparing the copy for an edition of the Iowa
11administrative code or Iowa administrative bulletin. The
12bill also allows the administrative code editor to correct
13references to chapters or subunits of rules or Code sections
14that are cited erroneously or have been repealed, amended, or
15renumbered, and to add or amend catchwords to parts of rules.
16The bill provides that a citation to the Iowa administrative
17bulletin shall include the publication date and the ARC number
18of an adopted rulemaking document.
19The bill provides that the exclusion of the legislative
20branch from the definition of “agency” in Code chapter 17A
21includes components of the legislative branch, but does not
22include the office of ombudsman.
23The bill strikes language providing that an executive
24order or directive of the governor which creates an agency or
25establishes a program or which transfers a program between
26agencies established by statute or rule is included in the
27definition of “rule” in Code chapter 17A.
28The bill strikes language requiring that an agency submit
29a copy of a notice of intended action to the chairpersons
30and ranking members of the appropriate standing committees
31of the general assembly. The bill instead requires that the
32legislative services agency provide the chairpersons and
33ranking members an opportunity to review an electronic copy of
34such notices.
35The bill strikes language allowing the administrative
-7-1rules review committee (ARRC), by a vote of two-thirds of its
2members, to suspend further action relating to a notice of
3intended action for 70 days. The bill instead allows the ARRC,
4by a vote of two-thirds of its members, to suspend the agency
5from adopting a notice for 70 days. The bill provides that
6adoption of a notice may only be suspended once.
7The bill strikes language requiring the administrative rules
8coordinator to keep a permanent register of rules open to the
9public. The bill instead requires the administrative code
10editor to keep a permanent electronic register of rules open
11to the public.
12The bill requires an agency which adopts a standard by
13reference to another publication or a portion thereof to
14include as part of the reference a date certain, edition or
15amendment number, or other information identifying the specific
16version of the publication or the specific point in time from
17which the text of the publication can be determined. The
18adoption of a standard by reference to another publication
19shall not include adoption of any amendment, edition, or
20version of the publication subsequent to the effective date of
21the adoption.
22The bill requires an agency to include in the preamble to
23each rule submitted for publication that adopts standards by
24reference to another publication or portion thereof a brief
25explanation of the content of the publication or portion and,
26if the rule updates a reference to a publication previously
27adopted by reference, a brief explanation of any changes in the
28content of the publication.
29The bill provides that “publication”, for purposes of
30requirements of Code chapter 17A relating to adoption by
31agencies of standards by reference to other publications, does
32not include the Iowa Code, Iowa Acts, Iowa administrative code,
33or Iowa court rules.
34The bill provides that the amount of a license fee,
35application fee, or other fee established by an agency,
-8-1including any subsequent increase or decrease in the amount,
2shall be specified in a rule adopted by the agency. The
3requirement does not apply where the amount of a fee is
4specifically established in the Iowa Code, Iowa Acts, or by
5federal law.
6The bill provides that the administrative rules coordinator
7shall serve as an ex officio, nonvoting member of the ARRC.
8The bill provides that the delay of an effective date
9of a rule for 70 days or until the adjournment of the next
10regular session of the general assembly, or the suspension of
11applicability of a rule for 70 days or until the adjournment of
12the next regular session of the general assembly, by the ARRC
13may each only occur once per rulemaking document.
14The bill provides that notice of the delay of an effective
15date or suspension of applicability of a rule until the
16adjournment of the next regular session of the general
17assembly shall be published in the Iowa administrative code and
18bulletin.
19The bill modifies terminology relating to the internet site
20used to identify rules for which a petition for a waiver has
21been granted or denied.
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