Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.13 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 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			 amended or repealed.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.