ARC 7806C
INSPECTIONS AND APPEALS DEPARTMENT[481]
Adopted and Filed
Rulemaking related to petitions for rulemaking
The Department of Inspections, Appeals, and Licensing hereby rescinds Chapter 2, “Petitions for Rule Making,” and adopts a new Chapter 2, “Petitions for Rulemaking,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is adopted under the authority provided in Iowa Code section 17A.7.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code section 17A.7; 2023 Iowa Acts, Senate File 514; and Executive Order 10 (January 10, 2023).
Purpose and Summary
This rulemaking repromulgates Chapter 2 under the title “Petitions for Rulemaking” and implements Iowa Code section 17A.7 and 2023 Iowa Acts, Senate File 514, in accordance with the goals and directives of Executive Order 10 (January 10, 2023). Iowa Code section 17A.7 requires agencies to “prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition.” The rules are intended to provide standard procedures for the public to petition the Department, including any division, board, or commission within the Department that has its own rulemaking authority, to initiate a rulemaking. The rules also provide direction for inquiries on previously filed petitions for rulemaking and the Department’s obligation to respond to petitions on rulemaking.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on February 21, 2024, as ARC 7645C. Public hearings were held on March 18 and 20, 2024, at 11:20 a.m.	at 6200 Park Avenue, Suite 100, Des Moines, Iowa. No one attended the public hearings. No public comments were received. No changes from the Notice have been made.
Adoption of Rulemaking
This rulemaking was adopted by the Department on March 27, 2024.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rulemaking will become effective on May 22, 2024.
The following rulemaking action is adopted:
	Item 1. Rescind 481—Chapter 2 and adopt the following new chapter in lieu thereof:
CHAPTER 2
PETITIONS FOR RULEMAKING
The department adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure related to petitions for rulemaking, which are published at www.legis.iowa.gov/docs/Rules/Current/UniformRules.pdf on the Iowa general assembly’s website. References to “the agency” within any uniform rule include the department and any division, board, or commission under the administrative authority of the department pursuant to Iowa Code chapter 10A, unless a division, board, or commission has separate rulemaking authority and has adopted rules governing petitions for rulemaking.
481—2.1(17A) Petition for rulemaking. In lieu of the words “the agency (designate office)”, insert “the department or specific division, board, or commission within the department where the petition is directed, as applicable”. In lieu of the words “(AGENCY NAME)”, insert the department or specific division, board, or commission within the department where the petition is directed.
481—2.3(17A) Inquiries. Inquiries concerning the status of a petition for rulemaking may be made to the department or applicable division, board, or commission as provided on the department’s website.
These rules are intended to implement Iowa Code section 17A.7.
[Filed 3/27/24, effective 5/22/24]
[Published 4/17/24]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 4/17/24.