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    CHAPTER 3DEPARTMENT PROCEDURE FOR RULE MAKING[Prior to 9/21/88, see Blind, Division for the[423] Ch 3]111—3.1(17A)  Applicability.  Except to the extent otherwise expressly provided by statute, all rules adopted by the commission are subject to the provisions of Iowa Code chapter 17A, the Iowa administrative procedure Act, and the provisions of this chapter.111—3.2(17A)  Advice on possible rules before notice of proposed rule adoption.  In addition to seeking information by other methods, the department may, before publication of a Notice of Intended Action as provided in Iowa Code section 17A.4(1)“a,” solicit comments from the public on a subject matter of possible rule making by causing notice to be published in the Iowa Administrative Bulletin of the subject matter and indicating where, when and how persons may comment.111—3.3(17A)  Public rule-making docket.    3.3(1)    Docket maintained.  The department shall maintain a current public rule-making docket.  3.3(2)    Anticipated rule making.  The rule-making docket shall list each anticipated rule-making proceeding. A rule-making proceeding is deemed “anticipated” from the time a draft of proposed rules is distributed for internal discussion within the department or from the time of announcement at a meeting of the commission. For each anticipated rule-making proceeding, the docket shall contain a listing of the precise subject matter which may be submitted for consideration by the commission for subsequent proposal under the provisions of Iowa Code section 17A.4(1)“a,” the name and address of department personnel with whom persons may communicate with respect to the matter, and an indication of the present status within the department of that possible rule. The department may also include in the docket other subjects upon which public comment is desired.  3.3(3)    Pending rule-making proceedings.  The rule-making docket shall list each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced, by publication in the Iowa Administrative Bulletin of a Notice of Intended Action, pursuant to Iowa Code section 17A.4(1)“a,” to the time it is terminated, by publication of a Notice of Termination in the Iowa Administrative Bulletin or the rule becoming effective. For each rule-making proceeding, the docket shall indicate:  a.  The subject matter of the proposed rule.  b.  A citation to all published notices relating to the proceeding.  c.  Where written submissions on the proposed rule may be inspected.  d.  The time during which written submissions may be made.  e.  The names of persons who have made written requests for an opportunity to make oral presentations on the proposed rule, where those requests may be inspected, and where and when oral presentations may be made.  f.  Whether a written request for the issuance of a regulatory analysis, or a concise statement of reasons has been filed, whether such an analysis or statement or a fiscal impact statement has been issued, and where any such written request, analysis, or statement may be inspected.  g.  The current status of the proposed rule and any department determinations with respect thereto.  h.  Any known timetable for department decisions or other action in the proceeding.  i.  The date of the rule’s adoption.  j.  The date of the rule’s filing, indexing and publication.  k.  The date on which the rule will become effective.  l.  Where the rule-making record may be inspected.111—3.4(17A)  Notice of proposed rule making.    3.4(1)    Contents.    a.  At least 35 days before the adoption of a rule, the department shall cause a Notice of Intended Action to be published in the Iowa Administrative Bulletin. The Notice of Intended Action shall include:  (1)  A brief explanation of the purpose of the proposed rule.  (2)  The specific legal authority for the proposed rule.  (3)  Except to the extent impracticable, the text of the proposed rule.  (4)  Where, when and how persons may present their views on the proposed rule.  (5)  Where, when and how persons may demand an oral proceeding on the proposed rule if the notice does not already provide for one.  b.  Where inclusion of the complete text of a proposed rule in the Notice of Intended Action is impracticable, the department shall include in the notice a statement fully describing the specific subject matter of the omitted portion of the text of the proposed rule, the specific issues to be addressed by that omitted text of the proposed rule, and the range of possible choices being considered by the department for the resolution of each of those issues.  c.  To facilitate transcription into alternative media, the complete text of the proposed rule shall be published in the Notice of Intended Action whenever possible.  3.4(2)    Incorporation by reference.  A proposed rule may incorporate other materials by reference only if it complies with all of the requirements applicable to incorporation by reference of other materials in an adopted rule that are contained in subrule 3.12(2).  3.4(3)    Copies of notices.  Persons desiring to receive copies of future Notices of Intended Action by subscription must file with the department a written request indicating the name and address to which such notices should be sent. Within seven days after submission of a Notice of Intended Action to the administrative rules coordinator for publication in the Iowa Administrative Bulletin, the department shall mail or electronically transmit a copy of that notice to subscribers who have filed a written request for either mailing or electronic transmittal with the department for Notices of Intended Action. The written request shall be accompanied by payment of a subscription price which may cover the full cost of the subscription service, including its administrative overhead and the cost of copying and mailing the Notices of Intended Action for a period of one year.  3.4(4)    Provision in alternative media.  Mailed copies of Notices of Intended Action shall be provided in standard print format, unless an individual requests provision of the notices in alternative media. Notices in the alternative media shall be provided in a timely manner.Related ARC(s): 0461C111—3.5(17A)  Public participation.    3.5(1)    Written comments.  For at least 20 days after publication of the Notice of Intended Action, persons may submit argument, data, and views, in writing, on the proposed rule. Such written submissions should identify the proposed rule to which they relate and should be submitted to the Administrative Rules Coordinator, Department for the Blind, 524 Fourth Street, Des Moines, Iowa 50309 or the person designated in the Notice of Intended Action.  3.5(2)    Oral proceedings.  The department may, at any time, schedule an oral proceeding on a proposed rule. The department shall schedule an oral proceeding on a proposed rule if, within 20 days after the published Notice of Intended Action, a written request for an opportunity to make oral presentations is submitted to the department by the administrative rules review committee, a governmental subdivision, an agency, an association having not less than 25 members, or at least 25 persons. The request must also contain the following information:
    1. A request by one or more individual persons must be signed by each of them and include the address and telephone number of each of them.
    2. A request by an association must be signed by an officer or designee of the association and must contain a statement that the association has at least 25 members and the address and telephone number of the person signing that request.
    3. A request by an agency or governmental subdivision must be signed by an official having authority to act on behalf of the entity and must contain the address and telephone number of the person signing that request.
    The department may waive technical compliance with these procedures.      3.5(3)    Conduct of oral proceedings.    a.    Applicability.  This subrule applies only to those oral rule-making proceedings in which an opportunity to make oral presentations is authorized or required by Iowa Code section 17A.4(1)“b” as amended by 1998 Iowa Acts, chapter 1202, section 8.  b.    Scheduling and notice.  An oral proceeding on a proposed rule may be held in one or more locations and shall not be held earlier than 20 days after notice of its location and time is published in the Iowa Administrative Bulletin. The notice shall also identify the proposed rule by ARC number and citation to the Iowa Administrative Bulletin.  c.    Presiding officer.  The director, the department’s administrative rules coordinator or a division administrator of the department, as designated by the director, shall preside at the oral proceeding on the proposed rule. If the director does not preside, the presiding officer shall prepare a memorandum for consideration by the director summarizing the contents of the presentations made at the oral proceeding unless the director determines that a memorandum is unnecessary because the director will personally listen to or read the entire transcript of the oral proceeding.  d.    Conduct of proceeding.  At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. Persons wishing to make oral presentations at such a proceeding are encouraged to notify the department at least one business day prior to the proceeding and indicate the general subject of their presentations. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. Oral proceedings shall be open to the public and shall be recorded by stenographic or electronic means.  (1)  At the beginning of the oral proceeding, the presiding officer shall give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons for the department decision to propose the rule. The presiding officer may place time limitations on individual oral presentations when necessary to ensure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.  (2)  Persons making oral presentations are encouraged to avoid restating matters which have already been submitted in writing.  (3)  To facilitate the exchange of information, the presiding officer may, where time permits, open the floor to questions or general discussion.  (4)  The presiding officer shall have the authority to take any reasonable action necessary for the orderly conduct of the meeting.  (5)  Physical and documentary submissions presented by participants in the oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the department.  (6)  The oral proceeding may be continued by the presiding officer to a later time without notice other than by announcement at the hearing.  (7)  Participants in an oral proceeding shall not be required to take an oath or to submit to cross-examination. However, the presiding officer in an oral proceeding may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.  (8)  The presiding officer in an oral proceeding may permit rebuttal statements and request the filing of written statements subsequent to the adjournment of the oral presentations.  3.5(4)    Additional information.  In addition to receiving written comments and oral presentations on a proposed rule according to the provisions of this rule, the department may obtain information concerning a proposed rule through any other lawful means deemed appropriate under the circumstances.  3.5(5)    Accessibility.  The department shall schedule oral presentations in rooms accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the Administrative Office, Department for the Blind, (515)281-1333, Iowa WATS (800)362-2587, or TTY (515)281-1355, in advance to arrange access or other needed services.    111—3.6(17A)  Regulatory analysis.    3.6(1)    Definition of small business.  A “small business” is defined in 1998 Iowa Acts, chapter 1202, section 10(7).  3.6(2)    Mailing list.  Small businesses or organizations of small businesses may be registered on the department’s small business impact list by making a written application to the department administrative rules coordinator. The application for registration shall state:  a.  The name of the small business or organization of small businesses.  b.  Its address.  c.  The name of a person authorized to transact business for the applicant.  d.  A description of the applicant’s business or organization. An organization representing 25 or more persons who qualify as a small business shall indicate that fact.  e.  Whether the registrant desires copies of Notices of Intended Action at cost, or desires advance notice of the subject of all or some specific category of proposed rule making affecting small business.The department may at any time request additional information from the applicant to determine whether the applicant is qualified as a small business or as an organization of 25 or more small businesses. The department may periodically send a letter to each registered small business or organization of small businesses asking whether that business or organization of small businesses wishes to remain on the registration list. The name of a small business or organization of small businesses will be removed from the list if a negative response is received, or if no response is received within 30 days after the letter is sent.  3.6(3)    Time of mailing.  Within seven days after submission of a Notice of Intended Action to the administrative rules coordinator for publication in the Iowa Administrative Bulletin, the department shall mail to all registered small businesses or organizations of small businesses, in accordance with their request, either a copy of the Notice of Intended Action or notice of the subject of that proposed rule making. In the case of a rule that may have an impact on small business, adopted in reliance upon Iowa Code section 17A.4(2), the department shall mail notice of the adopted rule to registered businesses or organizations prior to the time the adopted rule is published in the Iowa Administrative Bulletin.  3.6(4)    Qualified requesters for regulatory analysis—economic impact.  The department shall issue a regulatory analysis of a proposed rule that conforms to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2a), after a proper request from:  a.  The administrative rules coordinator; or  b.  The administrative rules review committee.  3.6(5)    Qualified requesters for regulatory analysis—business impact.  The department shall issue a regulatory analysis of a proposed rule that conforms to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2b), after a proper request from:  a.  The administrative rules review committee;  b.  The administrative rules coordinator;  c.  At least 25 or more persons who sign the request provided that each represents a different small business; or  d.  An organization representing at least 25 small businesses. That organization shall list the name, address and telephone number of not less than 25 small businesses it represents.  3.6(6)    Time period for analysis.  Upon receipt of a timely request for a regulatory analysis, the department shall adhere to the time lines described in 1998 Iowa Acts, chapter 1202, section 10(4).  3.6(7)    Contents of request.  A request for a regulatory analysis is made when it is mailed or delivered to the department. The request shall be in writing and satisfy the requirements of 1998 Iowa Acts, chapter 1202, section 10(1).  3.6(8)    Contents of concise summary.  The contents of the concise summary shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(4) and (5).  3.6(9)    Publication of a concise summary.  The department shall make available, to the maximum extent feasible, copies of the published summary in conformance with 1998 Iowa Acts, chapter 1202, section 10(5).  3.6(10)    Regulatory analysis contents—administrative rules review committee or administrative rules coordinator.  When a regulatory analysis is issued in response to a written request from the administrative rules review committee or the administrative rules coordinator, the regulatory analysis shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2a), unless a written request expressly waives one or more of the items listed in the section.  3.6(11)    Regulatory analysis contents—substantial impact on small business.  When a regulatory analysis is issued in response to a written request from the administrative rules review committee, the administrative rules coordinator, at least 25 persons signing that request who each qualify as a small business or by an organization representing at least 25 small businesses, the regulatory analysis shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2b).111—3.7(17A, 25B)  Fiscal impact statement.    3.7(1)  A proposed rule that mandates additional combined expenditures exceeding $100,000 by all affected political subdivisions or agencies and entities which contract with political subdivisions to provide services must be accompanied by a fiscal impact statement outlining the costs associated with the rule. A fiscal impact statement must satisfy the requirements of Iowa Code section 25B.6.  3.7(2)  If the department determines at the time it adopts a rule that the fiscal impact statement upon which the rule is based contains errors, the department shall, at the same time, issue a corrected fiscal impact statement and publish the corrected fiscal impact statement in the Iowa Administrative Bulletin.111—3.8(17A)  Time and manner of rule adoption.    3.8(1)    Time of adoption.  The commission shall not adopt a rule until the period for making written submissions and oral presentations has expired. Within 180 days after the later of the publication of the Notice of Intended Action or the end of oral proceedings thereon, the commission shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by publication of a notice to that effect in the Iowa Administrative Bulletin.  3.8(2)    Consideration of public comment.  Before the adoption of a rule, the commission shall consider fully all of the written submissions and oral submissions received in that rule-making proceeding, any memorandum summarizing such oral submissions, and any regulatory analysis or fiscal impact statement issued in that rule-making proceeding.  3.8(3)    Reliance on department expertise.  Except as otherwise provided by law, the commission may use its own experience, technical competence, specialized knowledge, and judgment in the adoption of a rule.111—3.9(17A)  Variance between adopted rule and published notice of proposed rule adoption.    3.9(1)  The commission shall not adopt a rule that differs from the rule proposed in the Notice of Intended Action on which the rule is based unless:  a.  The differences are within the scope of the subject matter announced in the Notice of Intended Action and are in character with the issues raised in that notice; and  b.  The differences are a logical outgrowth of the contents of the Notice of Intended Action and the comments submitted in response thereto; and  c.  The Notice of Intended Action provided fair warning that the outcome of the rule-making proceeding could be the rule in question.  3.9(2)  In determining whether the Notice of Intended Action provided fair warning that the outcome of the rule-making proceeding could be the rule in question, the department shall consider the following factors:  a.  The extent to which persons who will be affected by the rule should have understood that the rule-making proceeding on which it is based could affect their interests.  b.  The extent to which the subject matter of the rule or the issues determined by the rule are different from the subject matter or issues contained in the Notice of Intended Action.  c.  The extent to which the effects of the rule differ from the effects of the proposed rule contained in the Notice of Intended Action.  3.9(3)  The department shall commence a rule-making proceeding within 60 days of its receipt of a petition for rule making seeking the amendment or repeal of a rule that differs from the proposed rule contained in the Notice of Intended Action upon which the rule is based, unless the department finds that the differences between the adopted rule and the proposed rule are so insubstantial as to make the rule-making proceeding wholly unnecessary. A copy of any such finding and the petition to which it responds shall be sent to the petitioner, the administrative rules coordinator and the administrative rules review committee within three days of its issuance.  3.9(4)  Concurrent rule-making proceedings. Nothing in this rule disturbs the discretion of the department to initiate, concurrently, several different rule-making proceedings on the same subject with several different published Notices of Intended Action.111—3.10(17A)  Exemptions from public rule-making procedures.    3.10(1)    Omission of notice and comment.  To the extent the commission, for good cause, finds that public notice and participation are unnecessary, impracticable, or contrary to the public interest in the process of adopting a particular rule, the commission may adopt that rule without publishing advance Notice of Intended Action in the Iowa Administrative Bulletin and without providing for written or oral public submissions prior to its adoption. The commission shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule.  3.10(2)    Categories exempt.  The following narrowly tailored categories of rules are exempted from the usual public notice and participation requirements because those requirements are unnecessary, impracticable, or contrary to the public interest with respect to each and every member of the defined class:Rules which are mandated by federal law or regulation are exempted from the usual public notice and public participation requirements in any situation where the commission has no option but to adopt specified rules or where federal funding is contingent upon the adoption of the rules. Notice and public participation would be unnecessary since the provisions of the law or regulation must be adopted in order to maintain federal funding and the commission would have no option in the rule which was adopted.  3.10(3)    Public proceedings on rules adopted without them.  The department may, at any time, commence a standard rule-making proceeding for the adoption of a rule that is identical or similar to a rule adopted in reliance upon subrule 3.10(1). Upon written petition by a governmental subdivision, the administrative rules review committee, a department, the administrative rules coordinator, an association having not less than 25 members, or at least 25 persons, the department shall commence a standard rule-making proceeding for any rule specified in the petition that was adopted in reliance upon subrule 3.10(1). Such a petition must be filed within one year of the publication of the specified rule in the Iowa Administrative Bulletin as an adopted rule. The rule-making proceeding on that rule must be commenced within 60 days of the receipt of such a petition. After a standard rule-making proceeding is commenced pursuant to this subrule, the commission may either readopt the rule it adopted without benefit of all usual procedures on the basis of subrule 3.10(1), or may take any other lawful action, including the amendment or repeal of the rule in question, with whatever further proceedings are appropriate.111—3.11(17A)  Concise statement of reasons.    3.11(1)    General.  When requested by a person, either prior to adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the department shall issue a concise statement of reasons for the rule. Requests for such a statement must be in writing and must be delivered to the Administrative Rules Coordinator, Department for the Blind, 524 Fourth Street, Des Moines, Iowa 50309. The request should indicate whether the statement is sought for all or only a specified part of the rule. Requests will be considered made on the date received.  3.11(2)    Contents.  The concise statement of reasons shall contain:  a.  The reasons for adopting the rule;  b.  An indication of any change between the text of the proposed rule contained in the published Notice of Intended Action and the text of the rule as finally adopted, with the reasons for any such change;  c.  The principal reasons urged in the rule-making proceeding for and against the rule, and the reasons for overruling the arguments made against the rule.  3.11(3)    Time of issuance.  After a proper request, the department shall issue a concise statement of reasons by the later of the time the rule is adopted or 35 days after receipt of the request.111—3.12(17A)  Contents, style, and form of rule.    3.12(1)    Contents.  Each rule adopted by the commission shall contain the text of the rule and, in addition:  a.  The date the commission adopted the rule.  b.  A brief explanation of the principal reasons for rule-making action if such reasons are required by 1998 Iowa Acts, chapter 1202, section 8, or the department in its discretion decides to include such reasons.  c.  A reference to all rules repealed, amended, or suspended by the rule.  d.  A reference to the specific statutory or other authority authorizing adoption of the rule.  e.  Any findings required by any provision of law as a prerequisite to adoption or effectiveness of the rule.  f.  A brief explanation of the principal reasons for the failure to provide for waivers to the rule if no waiver provision is included and a brief explanation of any waiver or special exceptions provided in the rule if such reasons are required by 1998 Iowa Acts, chapter 1202, section 8, or the department in its discretion decides to include such reasons.  g.  The effective date of the rule.  3.12(2)    Incorporation by reference.  The department may incorporate by reference in a proposed or adopted rule, and without causing publication of the incorporated matter in full, all or any part of a code, standard, rule, or other matter if the department finds that the incorporation of its text in the proposed or adopted rule would be unduly cumbersome, expensive or otherwise inexpedient. The reference in the proposed or adopted rule shall fully and precisely identify the incorporated matter by location, title, citation, date, and edition, if any; shall briefly indicate the precise subject and the general contents of the incorporated matter; and shall state that the proposed or adopted rule does not include any later amendments or editions of the incorporated matter. The department may incorporate such matter by reference in a proposed or adopted rule only if the department makes copies of it readily available to the public. The rule shall state how and where copies of the incorporated matter may be obtained at cost from this department, and how and where copies may be obtained from an agency of the United States, this state, another state, or the organization, association or persons originally issuing the matter. The department shall retain permanently a copy of any materials incorporated by reference in a rule of the department.If the department adopts standards by reference to another publication, it shall provide a copy of the publication containing the standards to the administrative rules coordinator for deposit in the state law library and may make the standards available electronically.  3.12(3)    References to materials not published in full.  When the administrative code editor decides to omit the full text of a proposed or adopted rule because publication of the full text would be unduly cumbersome, expensive or otherwise inexpedient, the department shall prepare and submit to the administrative code editor for inclusion in the Iowa Administrative Bulletin and Iowa Administrative Code a summary statement describing the specific subject matter of the omitted material. This summary statement shall include the title and a brief description sufficient to inform the public of the specific nature and subject matter of the proposed or adopted rules, and of significant issues involved in these rules. The summary statement shall also describe how a copy of the full text of the proposed or adopted rule, including any unpublished matter and any matter incorporated by reference, may be obtained from the department. The department will provide a copy of the full text (at actual cost) upon request and shall make copies of the full text available for review at the state law library and may make the standards available electronically.At the request of the administrative code editor, the department shall provide a proposed statement explaining why publication of the full text would be unduly cumbersome, expensive or otherwise inexpedient.To facilitate transcription into alternative media, the complete text of the proposed rule shall be published in the Notice of Intended Action whenever possible.  3.12(4)    Style and form.  In preparing its rules, the department shall follow the uniform numbering system, form, and style prescribed by the administrative rules coordinator.Related ARC(s): 0461C111—3.13(17A)  Department rule-making record.    3.13(1)    Requirement.  The department shall maintain an official rule-making record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of Intended Action, or adopts. The rule-making record and materials incorporated by reference must be available for public inspection.  3.13(2)    Contents.  The department rule-making record shall contain:  a.  Copies of all publications in the Iowa Administrative Bulletin with respect to the rule or the proceeding upon which the rule is based and any file-stamped copies of department submissions to the administrative rules coordinator concerning that rule or the proceeding upon which it is based.  b.  Copies of any portions of the department’s public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based.  c.  All written petitions, requests and submissions received by the department, and all other written materials of a factual nature as distinguished from opinion that are relevant to the merits of the rule and that were created or compiled by the department and considered by the director or the commission in formulation, proposal or adoption of the rule or the proceeding upon which the rule is based, except to the extent the department is authorized by law to keep them confidential; provided, however, that when any such materials are deleted because they are authorized by law to be kept confidential, the department shall identify in the record the particular materials deleted and state the reasons for that deletion.  d.  Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, the stenographic record or electronic recording of those presentations, and any memorandum prepared by the presiding officer summarizing the contents of those presentations.  e.  A copy of any regulatory analysis or fiscal impact statement prepared for the proceeding upon which the rule is based.  f.  A copy of the rule and any concise statement of reasons prepared for that rule.  g.  All petitions for amendments of, or repeal or suspension of, the rule.  h.  A copy of any objection to the issuance of that rule without public notice and participation that was filed pursuant to Iowa Code section 17A.4(2) by the administrative rules review committee, the governor, or the attorney general.  i.  A copy of any objection to the rule filed by the administrative rules review committee, the governor, or the attorney general pursuant to Iowa Code section 17A.4(4), and any department response to that objection.  j.  A copy of any significant written criticism of the rule, including a summary of any petitions for waiver of the rule.  k.  A copy of any executive order concerning the rule.  3.13(3)    Effect of record.  Except as otherwise required by provision of law, the department rule-making record required by this rule need not constitute the exclusive basis for department action on the rule.  3.13(4)    Maintenance of record.  The department shall maintain the rule-making record for a period of not less than five years from the later of the date the rule to which it pertains became effective or the date of the Notice of Intended Action.111—3.14(17A)  Filing of rules.  The department shall file each rule adopted by the commission in the office of the administrative rules coordinator. The filing must be executed as soon after adoption as is practicable. At the time of filing, each rule must have attached to it any fiscal impact statement and any concise statement of reasons that were issued with respect to that rule. If a fiscal impact statement or statement of reasons for that rule was not issued until a time subsequent to the filing of that rule, the note or statement must be attached to the filed rule within five working days after the note or statement is issued. In filing a rule, the department shall use the standard form prescribed by the administrative rules coordinator.111—3.15(17A)  Effectiveness of rules prior to publication.    3.15(1)    Grounds.  The commission may make a rule effective after its filing at any stated time prior to 35 days after its indexing and publication in the Iowa Administrative Bulletin if it finds that a statute so provides, the rule confers a benefit or removes a restriction on some segment of the public, or that the effective date of the rule is necessary to avoid imminent peril to the public health, safety, or welfare. The department shall incorporate the required findings and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule.  3.15(2)    Special notice.  When the commission makes a rule effective prior to its indexing and publication in reliance upon the provisions of Iowa Code section 17A.5(2)“b”(3), the department shall employ all reasonable efforts to make its contents known to the persons who may be affected by that rule prior to the rule’s indexing and publication. The term “all reasonable efforts” requires the department to employ the most effective and prompt means of notice rationally calculated to inform potentially affected parties of the effectiveness of the rule that is justified and practical under the circumstances considering the various alternatives available for this purpose, the comparative costs to the department of utilizing each of those alternatives, and the harm suffered by affected persons from any lack of notice concerning the contents of the rule prior to its indexing and publication. The means that may be used for providing notice of rules prior to their indexing and publication include, but are not limited to, any one or more of the following means: radio, newspaper, television, signs, mail, telephone, personal notice or electronic means.A rule made effective prior to its indexing and publication in reliance upon the provisions of Iowa Code section 17A.5(2)“b”(3) shall include in that rule a statement describing the reasonable efforts that will be used to comply with the requirements of subrule 3.15(2).111—3.16(17A)  General statements of policy.    3.16(1)    Compilation, indexing, public inspection.  The department shall maintain an official, current, and dated compilation that is indexed by subject, containing all of its general statements of policy within the scope of Iowa Code section 17A.2(10)“a,” “c,” “f,” “g,” “h,” and “k.” Each addition to, change in, or deletion from the official compilation must also be dated, indexed, and a record thereof kept. Except for those portions containing rules governed by Iowa Code section 17A.2(10)“f,” or otherwise authorized by law to be kept confidential, the compilation must be made available for public inspection and copying.  3.16(2)    Enforcement of requirements.  A general statement of policy subject to the requirements of this rule shall not be relied on by the department to the detriment of any person who does not have actual, timely knowledge of the contents of the statement until the requirements of subrule 3.16(1) are satisfied. This provision is inapplicable to the extent necessary to avoid imminent peril to the public health, safety, or welfare.111—3.17(17A)  Review by department of rules.    3.17(1)  Any interested person, association, department, or political subdivision may submit a written request to the administrative rules coordinator requesting the department to conduct a formal review of a specified rule. Upon approval of that request by the administrative rules coordinator, the department shall conduct a formal review of a specified rule to determine whether a new rule should be adopted instead or the rule should be amended or repealed. The department may refuse to conduct a review if it has conducted such a review of the specified rule within five years prior to the filing of the written request.  3.17(2)  In conducting the formal review, the department shall prepare within a reasonable time a written report summarizing its findings, its supporting reasons, and any proposed course of action. The report must include a concise statement of the department’s findings regarding the rule’s effectiveness in achieving its objectives, including a summary of any available supporting data. The report shall also concisely describe significant written criticisms of the rule received during the previous five years, including a summary of any petitions for waiver of the rule received by the department or granted by the department. The report shall describe alternative solutions to resolve the criticisms of the rule, the reason any were rejected, and any changes made in the rule in response to the criticisms as well as the reasons for the changes. A copy of the department’s report shall be sent to the administrative rules review committee and the administrative rules coordinator. The report must also be available for public inspection.These rules are intended to implement Iowa Code chapter 17A and Iowa Code section 25B.6.    Related ARC(s): 0461C