Current through Register Vol. 46, No. 19, March 20, 2024
(1)
Requirement. The commission shall maintain an official
rulemaking record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of
Intended Action, or adopts. The rulemaking record and materials incorporated by reference must be available
for public inspection.
(2)
Contents. The
commission rulemaking 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 commission submissions to the administrative rules coordinator concerning that
rule or the proceeding upon which it is based;
b. Copies of any
portions of the commission's public rulemaking 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 commission, 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 commission and considered by the administrator, in connection with the formulation, proposal,
or adoption of the rule or the proceeding upon which the rule is based, except to the extent that the
commission 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 commission 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
commission 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 commission rulemaking record required by this rule need not
constitute the exclusive basis for commission action on that rule.
(4)
Maintenance of record. The commission shall maintain
the rulemaking 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 2.13(2)"g," "h," "i," or "j."