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 credit union
division or the person designated in the Notice of Intended Action, at the
address disclosed in 189-subrule 1.3(1).
credit union division may, at any time, schedule an oral proceeding on a
proposed rule. The division 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 division by the administrative rules review committee, a governmental
subdivision, an agency, an association having not less than 25 members
, or at
least 25 persons. That request must also contain the following:
a. A request by one or more individual
persons must be signed by each person and include the address and telephone
number of each person;
b. 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;
c. 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.
Conduct of oral
a. 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
"b " or this chapter.
b. 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. That notice shall also identify the proposed rule by ARC number and
citation to the Iowa Administrative Bulletin.
c. The superintendent, or another person
designated by the superintendent who will be familiar with the substance of the
proposed rule, shall preside at the oral proceeding on a proposed
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 division at least one business
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 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
(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
(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 credit union division.
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 submission made by
those participants in that proceeding; but no participant shall be required to
answer any questions.
presiding officer in an oral proceeding may permit rebuttal statements and
request the filing of written statements subsequent to the adjournment of the
In addition to receiving written comments and oral presentations on a proposed
rule according to the provisions of this rule, the credit union division may
obtain information concerning a proposed rule through any other lawful means
deemed appropriate under the circumstances.
credit union division shall schedule oral proceedings in rooms accessible to
and functional for persons with physical disabilities. Persons who have special
requirements should contact the division at (515)281-6514 in advance to arrange
access or other needed services.