Iowa Admin. Code r. 185-2.12 - [Rescinded effective 3/26/2025] Contents, style, and form of rule
(1)
Contents. Each rule adopted by the agency shall contain the
text of the rule and, in addition:
a. The date
the agency adopted the rule;
b. A
brief explanation of the principal reasons for the rule-making action if such
reasons are required by Iowa Code section
17A.4A(1)
"b" or the agency 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c. A reference to all rules repealed,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 Iowa Code
section
17A.4(2) or the agency in its discretion decides to
include such reasons; and
g. The
effective date of the rule.
(2)
Incorporation by
reference. The agency 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 agency
finds that the incorporation of its text in the agency proposed or adopted rule
would be unduly cumbersome, expensive, or otherwise inexpedient. The reference
in the agency 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 agency
may incorporate such matter by reference in a proposed or adopted rule only if
the agency 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 agency, and how and where copies may be obtained from the agency of
the United States, this state, another state, or the organization, association,
or persons, originally issuing that matter The agency shall retain permanently
a copy of any materials incorporated by reference in a rule of the agency.
If the agency 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)
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
agency 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 agency. The agency will provide a copy of
that 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 agency shall provide a proposed statement explaining why publication of the full text would be unduly cumbersome, expensive, or otherwise inexpedient.
(4)
Style and
form. In preparing its rules, the agency shall follow the uniform
numbering system, form, and style prescribed by the administrative rules
coordinator
Notes
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(1) Contents. Each rule adopted by the agency shall contain the text of the rule and, in addition:
a. The date the agency adopted the rule;
b. A brief explanation of the principal reasons for the rule-making action if such reasons are required by Iowa Code section 17A.4A(1) "b" or the agency 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 Iowa Code section 17A.4(2) or the agency in its discretion decides to include such reasons; and
g. The effective date of the rule.
(2) Incorporation by reference. The agency 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 agency finds that the incorporation of its text in the agency proposed or adopted rule would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in the agency 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 agency may incorporate such matter by reference in a proposed or adopted rule only if the agency 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 agency, and how and where copies may be obtained from the agency of the United States, this state, another state, or the organization, association, or persons, originally issuing that matter The agency shall retain permanently a copy of any materials incorporated by reference in a rule of the agency.
If the agency 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) 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 agency 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 agency. The agency will provide a copy of that 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 agency shall provide a proposed statement explaining why publication of the full text would be unduly cumbersome, expensive, or otherwise inexpedient.
(4) Style and form. In preparing its rules, the agency shall follow the uniform numbering system, form, and style prescribed by the administrative rules coordinator