Iowa Admin. Code r. 761-10.2 - Rule making
(1)
Notice of Intended Action - approval and
content. Written authorization to publish proposed rules under Notice
of Intended Action in the Iowa Administrative Bulletin shall be made by the
director. Each commissioner shall be sent a copy of the Notice of Intended
Action before its publication in the Iowa Administrative Bulletin. The Notice
of Intended Action shall contain:
a. A copy
of the complete text of the proposed rules and a brief explanation of the
purpose of the proposed rules.
b.
The specific legal authority for the proposed rules.
c. The methods that persons and agencies may
use to present their views on the proposed rules. In addition to providing for
the submission of written comments, the Notice shall afford any interested
person or agency the opportunity to make an oral presentation.
d. Any other information required by statute
or rule.
(2)
Notice of Intended Action - submission of written
comments and written requests to make an oral presentation.
a. With regard to proposed rules published
under Notice of Intended Action, the department shall accept and consider, from
any person or agency, written comments and written requests to make an oral
presentation when prepared and submitted in conformance with the following:
(1) Comments and requests shall clearly state
the name, address and telephone number of the person or agency authoring the
comment or request and the number and title of the proposed rule as given in
the Notice of Intended Action.
(2)
If an oral presentation is requested, the requester is encouraged to set forth
the general subject of the presentation.
(3) Comments and requests shall be submitted
to the office specified in the Notice of Intended Action. To be considered,
they must be received by the office no later than the date specified in the
Notice. The date shall be no less than 20 days after publication of the
Notice.
b. The receipt
and acceptance for consideration of written comments and written requests shall
be promptly acknowledged by the department.
(1) Written comments received after the
deadline may be accepted by the department although their consideration is not
assured.
(2) Written requests to
make an oral presentation received after the deadline shall not be
accepted.
c. In addition
to the formal procedures contained in this rule, the department may solicit
viewpoints or advice concerning proposed rules through informal conferences or
consultations as the department may deem desirable.
(3)
Adoption and filing of
rules.
a. The director shall adopt
proposed rules unless statutes specifically provide for commission adoption.
The commission shall approve rules prior to their adoption by the
director.
b. Upon adoption of
proposed rules by the director or the commission, the director shall file them
in accordance with Iowa Code section
17A.5.
(4)
Regulatory
analysis. A request for issuance of a regulatory analysis shall be
submitted to the department's rules administrator at the address in subrule
10.1(2).
(5)
Concise
statement. If requested in accordance with this subrule, the
department shall issue a concise statement of the principal reasons for and
against a rule that has been adopted, incorporating therein the reasons for
overruling considerations urged against the rule.
a. The request shall:
(1) Clearly state the name, address and
telephone number of the person or agency authoring the request and the number
and title of the rule which is the subject of the request.
(2) Be submitted in writing to the
department's rules administrator.
(3) Be delivered to the administrator or
postmarked no later than the thirtieth calendar day following adoption of the
subject rule.
b. A
requested concise statement shall be issued either at the time of rule adoption
or within 35 days after the department's rules administrator receives the
request.
(6)
Registration.
a.
Trade or occupational associations. The state office of a
trade or occupational association may register its name and address with the
department to receive copies of Notices of Intended Action.
(1) The request must be in writing and
indicate the subject matter and the number of copies of Notice of Intended
Action it wishes to receive.
(2)
The trade or occupational association shall reimburse the department for the
actual costs incurred in providing copies to it.
b.
Small businesses. A small
business or an organization of small businesses may register its name and
address with the department to receive notification of Notices of Intended
Action and of rules adopted and filed without a Notice of Intended Action which
may have an impact on small business.
(1) The
request must be in writing and may indicate the subject matter of rules it is
interested in. An organization requesting registration shall indicate how many
small businesses it represents.
(2)
At the discretion of the department, notification shall consist of either a
copy of the rules or a summary of the subjects and issues involved.
c.
Submission and
acknowledgment of requests. Requests for registration under this
subrule shall be submitted to the department's rules administrator. The receipt
of requests for registration shall be promptly acknowledged by the department.
The acknowledgment shall either:
(1) Inform
the requester that it is registered, or
(2) State that the request is incomplete and
indicate the additional information required.
Notes
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