Current through Register Vol. 46, No. 19, March 20, 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."