Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Requirement. The board shall maintain an official rule-making
record for each rule it proposes by publication in the Iowa Administrative
Bulletin of a Notice of Intended Action, or adopts. The rule-making record and
materials incorporated by reference must be available for public
inspection.
(2)
Contents. The board rule-making record shall contain:
a. Copies of all publications in the Iowa
Administrative Bulletin with respect to the rule or the proceeding upon which
the rule is based and any file-stamped copies of board submissions to the
administrative rules coordinator concerning that rule or the proceeding upon
which it is based;
b. Copies of any
portions of the board's public rule-making docket containing entries relating
to the rule or the proceeding upon which the rule is based;
c. All written petitions, requests, and
submissions received by the board, and all other written materials of a factual
nature as distinguished from opinion that are relevant to the merits of the
rule and that were created or compiled by the board and considered by the
board, in connection with the formulation, proposal, or adoption of the rule or
the proceeding upon which the rule is based, except to the extent the board is
authorized by law to keep them confidential; provided, however, that when any
such materials are deleted because they are authorized by law to be kept
confidential, the board shall identify in the record the particular materials
deleted and state the reasons for that deletion;
d. Any official transcript of oral
presentations made in the proceeding upon which the rule is based or, if not
transcribed, the stenographic record or electronic recording of those
presentations, and any memorandum prepared by a presiding officer summarizing
the contents of those presentations;
e. A copy of any regulatory analysis or
fiscal impact statement prepared for the proceeding upon which the rule is
based;
f. A copy of the rule and
any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
suspension of the rule;
h. A copy
of any objection to the issuance of that rule without public notice and
participation that was filed pursuant to Iowa Code section
17A.4(2)
by the administrative rules review
committee, the governor, or the attorney general;
i. A copy of any objection to the rule filed
by the administrative rules review committee, the governor, or the attorney
general pursuant to Iowa Code section
17A.4(4),
and any board response to that objection;
j. A copy of any significant written
criticism of the rule, including a summary of any petitions for waiver of the
rule; and
k. A copy of any
executive order concerning the rule.
(3)
Effect of record. Except
as otherwise required by a provision of law, the board rule-making record
required by this rule need not constitute the exclusive basis for board action
on that rule.
(4)
Maintenance of record. The board shall maintain the
rule-making record for a period of not less than five years from the later of
the date the rule to which it pertains became effective, the date of the Notice
of Intended Action, or the date of any written criticism as described in
14.13(2)"g, " "h, " "i, " or "j."