Current through Register Vol. 46, No. 19, March 20, 2024
(1)
Requirement. The agency
shall maintain for each separate rule making an index listing and summarizing
the rules being proposed, adopted, amended or repealed. In addition, the agency
shall maintain a rule-making record as described in subrule 31.13(2) for each
separate rule making that it proposes, adopts, or terminates under the
provisions of Iowa Code chapter 17A and this chapter These indices and
rule-making records, including materials incorporated by reference, are
available for public inspection at IPERS' headquarters.
(2)
Contents of rule-making
record. The agency shall maintain a file containing the indices from
each separate rule making that it proposes, adopts, or terminates under the
provisions of Iowa Code chapter 17A and this chapter This file shall also
include information showing the date of publication in the Iowa Administrative
Bulletin and ARC number where each applicable rule making was published. Each
separate rule-making record shall contain:
a.
Copies of all publications in the Iowa Administrative Bulletin with respect to
a rule making and any file-stamped copies of agency submissions to the
administrative rules coordinator concerning the rule making;
b. All written petitions for declaratory
orders, all requests for rule makings, all submissions by a governmental
subdivision, the administrative rules review committee, an agency, the
administrative rules coordinator, an association having not less than 25
members, or at least 25 persons, 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 agency and considered in
connection with the formulation, proposal, or adoption of a rule or the
proceeding upon which a rule is based, except to the extent the agency 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 agency shall identify in the record the particular materials
deleted and state the reasons for that deletion;
c. Any official transcript of oral
presentations made in the rule-making proceedings 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;
d. A copy of any
regulatory analysis or fiscal impact statement prepared for the rule-making
proceedings;
e. A copy of the rule
and any concise statement of reasons prepared for the rule;
f. All petitions for amendment, repeal or
suspension of the rule;
g. A copy
of any objection to the issuance of that rule without public notice and
participation filed pursuant to Iowa Code section
17A.4(2)
by the administrative rules review
committee, the governor, or the attorney general;
h. A copy of any objection to a rule filed by
the administrative rules review committee, the governor, or the attorney
general pursuant to Iowa Code section
17A.4(4),
and any agency response to such objection;
i. A copy of any significant criticism of the
rule, including a summary of any petitions for waiver of a rule; and
j. A copy of any executive order concerning
the rule.
(3)
Effect of record. Except as otherwise required by a provision
of law, the agency rule-making record required by this rule need not constitute
the exclusive basis for agency action on a rule.
(4)
Maintenance of record.
The agency shall maintain the rule-making record for a period of not less than
five years from the date the rules to which it pertains became
effective.
