Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Requirement. The
commission 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 commission
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 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 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 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 Iowa telecommunications and technology commission, 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 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 amendments of, 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 rule-making 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
rule-making record indefinitely 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 18.13(2)"g, " "h, " "i,
" or"j. "
