Iowa Admin. Code r. 531-3.5 - [Rescinded effective 3/26/2025] Public participation
(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 Iowa Lottery Authority, 13001 University Avenue,
Clive, Iowa 50325-8225, or the person designated in the Notice of Intended
Action.
(2)
Oral
proceedings. The lottery may, at any time, schedule an oral proceeding
on a proposed rule. The lottery 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 lottery 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 additional
information:
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.
(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 " or this chapter.
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. That notice shall also identify
the proposed rule by ARC number and citation to the Iowa Administrative
Bulletin.
c.
Presiding
officer. The lottery authority board, a member of the lottery
authority board, or another person designated by the lottery authority board
who will be familiar with the substance of the proposed rule, shall preside at
the oral proceeding on a proposed rule. If the lottery authority board does not
preside, the presiding officer shall prepare a memorandum for consideration by
the board summarizing the contents of the presentations made at the oral
proceeding unless the board determines that such a memorandum is unnecessary
because the board 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 lottery 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 lottery authority board's 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 lottery.
(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.
(4)
Additional information.
In addition to receiving written comments and oral presentations on a proposed
rule according to the provisions of this rule, the lottery may obtain
information concerning a proposed rule through any other lawful means deemed
appropriate under the circumstances.
(5)
Accessibility. The
lottery shall schedule oral proceedings in rooms accessible to and functional
for persons with physical disabilities. Persons who have special requirements
should contact the Iowa Lottery Authority, 13001 University Avenue, Clive, Iowa
50325-8225, telephone (515)281-7900 in advance to arrange access or other
needed services.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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 Iowa Lottery Authority, 13001 University Avenue, Clive, Iowa 50325-8225, or the person designated in the Notice of Intended Action.
(2) Oral proceedings. The lottery may, at any time, schedule an oral proceeding on a proposed rule. The lottery 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 lottery 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 additional information:
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.
(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 " or this chapter.
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. That notice shall also identify the proposed rule by ARC number and citation to the Iowa Administrative Bulletin.
c. Presiding officer. The lottery authority board, a member of the lottery authority board, or another person designated by the lottery authority board who will be familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. If the lottery authority board does not preside, the presiding officer shall prepare a memorandum for consideration by the board summarizing the contents of the presentations made at the oral proceeding unless the board determines that such a memorandum is unnecessary because the board 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 lottery 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 lottery authority board's 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 lottery.
(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.
(4) Additional information. In addition to receiving written comments and oral presentations on a proposed rule according to the provisions of this rule, the lottery may obtain information concerning a proposed rule through any other lawful means deemed appropriate under the circumstances.
(5) Accessibility. The lottery shall schedule oral proceedings in rooms accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the Iowa Lottery Authority, 13001 University Avenue, Clive, Iowa 50325-8225, telephone (515)281-7900 in advance to arrange access or other needed services.