(1)
Contents. At least 35
days before the adoption of a rule the department shall cause Notice of
Intended Action to be published in the Iowa Administrative Bulletin. The Notice
of Intended Action shall include:
a. A brief
explanation of the purpose of the proposed rule;
b. The specific legal authority for the
proposed rule;
c. Except to the
extent impracticable, the text of the proposed rule;
d. Where, when, and how persons may present
their views on the proposed rule; and
e. Where, when, and how persons may demand an
oral proceeding on the proposed rule if the notice does not already provide for
one.
Where inclusion of the complete text of a proposed rule in the
Notice of Intended Action is impracticable, the department shall include in the
notice a statement fully describing the specific subject matter of the omitted
portion of the text of the proposed rule, the specific issues to be addressed
by that omitted text of the proposed rule, and the range of possible choices
being considered by the department for the resolution of each of those
issues.
(2)
Incorporation by reference. A proposed rule may incorporate
other materials by reference only if it complies with all of the requirements
applicable to the incorporation by reference of other materials in an adopted
rule that are contained in subrule 10.212(2) of this chapter.
(3)
Copies of notices.
Persons desiring to receive copies of future Notices of Intended Action by
subscription must file with the Agency Rules Administrator, Office of the
Commissioner, Department of Public Safety, State Public Safety Headquarters
Building, 215 East 7th Street, Des Moines, Iowa 50319, a written request
indicating the name and address to which such notices should be sent. Within
seven days after submission of a Notice of Intended Action to the
administrative rules coordinator for publication in the Iowa Administrative
Bulletin, the department shall mail or electronically transmit a copy of that
notice to subscribers who have filed a written request for either mailing or
electronic transmittal with the department for Notices of Intended Action. The
written request shall be accompanied by payment of the subscription price which
may cover the full cost of the subscription service, including its
administrative overhead and the cost of copying and mailing the Notices of
Intended Action for a period of one year. The price for such a subscription can
be obtained from the Agency Rules Administrator, Office of the Commissioner,
Department of Public Safety, at the address above, by telephone at
(515)725-6185, or by electronic mail via the Internet at
admrule@dps.state.ia.us.
