Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.105 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of
			 the Notice of Intended Action, persons may submit argument, data, and views, in
			 writing, on the proposed rule. Such written submissions should identify the
			 proposed rule to which they relate and should be submitted to the Agency Rules
			 Administrator, Department of Public Safety, State Public Safety Headquarters
			 Building, 215 East 7th Street, Des Moines, Iowa 50319, or to the person or
			 office designated in the Notice of Intended Action.
(2)
Oral proceedings.
The
			 department may, at any time, schedule an oral proceeding on a proposed rule. If
			 an oral proceeding has not previously been scheduled regarding proposed rules,
			 the department shall schedule an oral proceeding on a proposed rule if, within
			 20 days after the published Notice of Intended Action, a written request for an
			 opportunity to make oral presentations is submitted to the department by the
			 administrative rules review committee, a governmental subdivision, an agency,
			 an association having not less than 25 members, or at least 25 persons.
An oral proceeding may be scheduled or conducted by the board
				at the discretion of the board or of the chair of the board.
(3)
Conduct of oral
			 proceedings.
a.
Applicability.
This subrule applies only to those oral rule-making
			 proceedings in which an opportunity to make oral presentations is authorized or
			 required by Iowa Code section
			 17A.4(1)
"b "
or this
			 chapter.
b.
Scheduling and
			 notice.
An oral proceeding on a proposed rule may be held in one or
			 more locations and shall not be held earlier than 20 days after notice of its
			 location and time is published in the Iowa Administrative Bulletin. That notice
			 shall also identify the proposed rule by ARC number and citation to the Iowa
			 Administrative Bulletin.
c.
Presiding officer.
The agency rules administrator of the
			 department of public safety or the administrator's designee shall preside at
			 the oral proceeding on a proposed rule, unless the board conducts the oral
			 proceeding. If the board does not conduct the oral proceeding, the presiding
			 officer may prepare a memorandum for consideration by the board summarizing the
			 contents of the presentations made at the oral proceeding if the administrator
			 determines that such a memorandum would be helpful to the board.
d.
Conduct of proceeding.
At an oral proceeding on a proposed rule, persons may make oral statements and
			 make documentary and physical submissions, which may include data, views,
			 comments or arguments concerning the proposed rule. Persons wishing to make
			 oral presentations at such a proceeding are encouraged to notify the department
			 at least one business day prior to the proceeding and indicate the general
			 subject of their presentations. At the proceeding, those who participate shall
			 indicate their names and addresses, identify any persons or organizations they
			 may represent, and provide any other information relating to their
			 participation deemed appropriate by the presiding officer. Oral proceedings
			 shall be open to the public and may be recorded by stenographic or electronic
			 means.
(1) At the beginning of the oral
			 proceeding, the presiding officer shall give a brief synopsis of the proposed
			 rule, a statement of the statutory authority for the proposed rule, and the
			 reasons for the decision to propose the rule. The presiding officer may place
			 time limitations on individual oral presentations when necessary to ensure the
			 orderly and expeditious conduct of the oral proceeding. To encourage joint oral
			 presentations and to avoid repetition, additional time may be provided for
			 persons whose presentations represent the views of other individuals as well as
			 their own views.
(2) Persons making
			 oral presentations are encouraged to summarize matters which have already been
			 submitted in writing.
(3) The
			 presiding officer shall have the authority to take any reasonable action
			 necessary for the orderly conduct of the meeting.
(4) Physical and documentary submissions
			 presented by participants in the oral proceeding shall be submitted to the
			 presiding officer. Such submissions become the property of the
			 system.
(5) The oral proceeding may
			 be continued by the presiding officer to a later time without notice other than
			 by announcement at the hearing. The presiding officer may provide for the
			 record of an oral proceeding to be held open for a specific length of time,
			 announced at the oral proceeding, to allow for the submission of additional
			 information.
(6) Participants in an
			 oral proceeding shall not be required to take an oath or to submit to
			 cross-examination. However, the presiding officer in an oral proceeding may
			 question participants and permit the questioning of participants by other
			 representatives of the board who may be present about any matter relating to
			 that rule-making proceeding, including any prior written submissions made by
			 those participants in that proceeding; but no participant shall be required to
			 answer any question.
(7) The
			 presiding officer in an oral proceeding may permit rebuttal statements and
			 request the filing of written statements subsequent to the adjournment of the
			 oral presentations.