reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 5 - Public Records and Fair Information Practices › Rule 721-5.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
				without the consent of the subject.
(2) To the extent allowed by law, disclosure
				of confidential records may occur without the consent of the subject. Following
				are instances where disclosure, if lawful, will generally occur without notice
				to the subject:
a. For a routine use as
				defined in rule 5.10(17A,22) or in any notice for a particular record
				system.
b. To a recipient who has
				provided the agency with advance written assurance that the record will be used
				solely as a statistical research or reporting record; provided, that, the
				record is transferred in a form that does not identify the subject.
c. To another government agency or to an
				instrumentality of any governmental jurisdiction within or under the control of
				the United States for a civil or criminal law enforcement activity if the
				activity is authorized by law, and if an authorized representative of such
				government agency or instrumentality has submitted a written request to the
				agency specifying the record desired and the law enforcement activity for which
				the record is sought.
d. To an
				individual pursuant to a showing of compelling circumstances affecting the
				health or safety of any individual if a notice of the disclosure is transmitted
				to the last known address of the subject.
e. To the legislative services agency under
				Iowa Code section
				2A.3.
f. Disclosures in the course of employee
				disciplinary proceedings.
g. In
				response to a court order or subpoena.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 5 - Public Records and Fair Information Practices › Rule 721-5.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
				"Routine use" means the disclosure of a record without the consent of the
				subject or subjects, for a purpose which is compatible with the purpose for
				which the record was collected. It includes disclosures required to be made by
				statute other than the public records law. (Iowa Code chapter 22).
(2) To the extent allowed by law, the
				following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
				and agents of the agency who have a need for the record in the performance of
				their duties. The custodian of the record may, upon request of any officer or
				employee, or on the custodian's own initiative, determine what constitutes
				legitimate need to use confidential records.
b. Disclosure of information indicating an
				apparent violation of the law to appropriate law enforcement authorities for
				investigation and possible criminal prosecution, civil court action, or
				regulatory order.
c. Disclosure to
				the department of inspections and appeals for matters in which it is performing
				services or functions on behalf of the agency.
d. Transfers of information within the
				agency, to other state agencies, or to local units of government as appropriate
				to administer the program for which the information is collected.
e. Information released to staff of federal
				and state entities for audit purposes or for purposes of determining whether
				the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
				the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 5 - Public Records and Fair Information Practices › Rule 721-5.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
				subject individual.
To the extent permitted by law, the subject may
				consent in writing to agency disclosure of confidential records as provided in
				rule 5.7(17A,22).
(2)
Complaints to public officials.
A letter from a subject of a
				confidential record to a public official which seeks the official's
				intervention on behalf of the subject in a matter that involves the agency may
				to the extent permitted by law be treated as an authorization to release
				sufficient information about the subject to the official to resolve the
				matter.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 5 - Public Records and Fair Information Practices › Rule 721-5.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The subject of
				a confidential record may file a written request to review confidential records
				about that person as provided in rule 5.6(17A,22). However, the agency need not
				release the following records to the subject:
a. The identity of a person providing
				information to the agency need not be disclosed directly or indirectly to the
				subject of the information when the information is authorized to be held
				confidential pursuant to Iowa Code section
				22.7(18)
				 or other provision of law.
b. Records need not be disclosed to the
				subject when they are the work product of an attorney or are otherwise
				privileged.
c. Peace officers'
				investigative reports may be withheld from the subject, except as required by
				the Iowa Code. (See Iowa Code section
				22.7(5)
				)
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 5 - Public Records and Fair Information Practices › Rule 721-5.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Agency records are open for public inspection and
				copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be witheld from public inspection. Records are listed
				by category, according to the legal basis for withholding them from public
				inspection.
a. Sealed bids received prior to
				the time set for public opening of bids. (Iowa Code section
				72.3
				)
b. Tax records made available to
				the agency. (Iowa Code sections
				422.20
				and
				422.72
				)
c. Records which are exempt from
				disclosure under Iowa Code section
				22.7.
d. Minutes of closed meetings of a government
				body. (Iowa Code section
				21.5(4)
				)
e. Identifying details in final orders,
				decisions and opinions to the extent required to prevent a clearly unwarranted
				invasion of personal privacy or trade secrets under Iowa Code section
				17A.3(1)
"d. "
f. Those portions of agency staff manuals,
				instructions or other statements issued which set forth criteria or guidelines
				to be used by agency staff in auditing, in making inspections, in settling
				commercial disputes or negotiating commercial arrangements, or in the selection
				or handling of cases, such as operational tactics or allowable tolerances or
				criteria for the defense, prosecution or settlement of cases, when disclosure
				of these statements would:
(1) Enable law
				violators to avoid detection.
(2)
				Facilitate disregard of requirements imposed by law.
(3) Give a clearly improper advantage to
				persons who are in an adverse position to the agency. (See Iowa Code sections
				17A.2 and
				17A.3
				)
g. Records which
				constitute attorney work product, attorney-client communications, or which are
				otherwise privileged. Attorney work product is confidential under Iowa Code
				sections
				22.7(4),
				622.10
				and
				622.11, Iowa
				R.C.R 122(c), Fed. R. Civ. R 26(b)(3), and case law. Attorney-client
				communications are confidential under Iowa Code sections
				622.10
				and
				622.11, the rules
				of evidence, the Code of Professional Responsibility, and case law.
h. Agricultural reports defined as
				confidential reports in Iowa Code section 172C. 14.
i. Any other records made confidential by
				law.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 5 - Public Records and Fair Information Practices › Rule 721-5.15 - Personnel Files

Current through Register Vol. 47, No. 3, July 24, 2024
The agency maintains files containing information about
				  employees, families and dependents, and applicants for positions with the
				  agency. The files include payroll records, biographical information, medical
				  information relating to disability, performance reviews and evaluations,
				  disciplinary information required for tax withholding, information concerning
				  employee benefits, affirmative action reports, and other information concerning
				  the employer-employee relationship. Some of this information is confidential
				  under Iowa Code section
				  2.7(11).
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 5 - Public Records and Fair Information Practices › Rule 721-5.16 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes records maintained by the agency other
				  than record systems as defined in rule 5.14(17A,22). These records are
				  routinely available to the public except records maintained pursuant to Iowa
				  Code chapter 172C. However, the agency's files of these records may contain
				  confidential information as discussed in rule 5.13(17A,22). The records may
				  contain information about individuals. Records are maintained regarding:
1. Corporations organized in Iowa or
				authorized to do business in Iowa pursuant to Iowa Code chapters 491, 496A,
				496B, 496C, 504, and 504A.
2.
				Cooperative associations organized in Iowa or authorized to do business in Iowa
				pursuant to Iowa Code chapters 497, 498, 499, and 499A.
3. Limited partnerships organized in Iowa or
				authorized to do business in Iowa pursuant to Iowa Code chapter 487.
4. Farm operations subject to Iowa Code
				chapters 9H and 567.
5. Athlete
				agents registered pursuant to Iowa Code chapter 9A.
6. Out-of-state contractors pursuant to Iowa
				Code section
				103A.24.
7. Postsecondary educational institutions
				pursuant to Iowa Code chapter 261B.
8. Organizations soliciting public donations
				pursuant to Iowa Code chapter 13C.
9. Agreements relating to the joint exercise
				of governmental powers filed pursuant to Iowa Code chapter 28E.
10. Files relating to administration of the
				election laws found in Iowa Code chapters 39 through 41, 43 through 55, 57
				through 63, 66, 69, 75, 145A, 161A, 174, 260C, 273, 274, 275, 277, 278, 279,
				296, 297, 298, 300, 303, 303B, 306C, 330, 331, 336, 347, 347B, 349, 357, 357B,
				357C, 357D, 358, 359 through 362, 368, 372, 376, 384, 392, 394, 400, 420, 422A,
				422B, 442, 456, 462, 602, 659, 720, 721, and 722.
11. Administrative records including
				documents concerning budget, property inventory, purchasing, yearly reports,
				office policies for employees, time sheets, printing and supply requisitions,
				and other documents associated with the management of the agency.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 6 - Safe at Home Program › Rule 721-6.2 - Failure to Notify Secretary of Changes in Information; Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
This rule facilitates the administration of the safe at home
				  program in accordance with Iowa Code section
				  9E.4.
				  This rule describes the manner and process for cancellation of certification to
				  the program.
(1)
Warning by
				the secretary.
a. The secretary must
				contact the program participant to request that the program participant comply
				with Iowa Code section
				9E.4
				if:
(1) The program participant's legal name
				or contact information changes, unless the program participant provides the
				secretary with prior written notice of the name change or contact
				information;
(2) Mail forwarded by
				the secretary to the program participant's address is returned as undeliverable
				by the United States Postal Service; or
(3) The program participant does not accept
				service of process or is unavailable for delivery of service of process as
				described in Iowa Code section
				9E.5(4).
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 6 - Safe at Home Program › Rule 721-6.4 - Cancellation of Voter Registration in the Statewide Voter Registration Database

Current through Register Vol. 47, No. 3, July 24, 2024
This rule facilitates the administration of the safe at home
				  program in accordance with Iowa Code section
				  9E.6(1).
				  This rule describes the manner and process for canceling a program
				  participant's voter registration in the statewide voter registration
				  database.
(1)
Voluntary
				cancellation of voter registration.
The secretary shall cancel the
				program participant's voter registration record in the statewide voter
				registration database upon the program participant's written and signed request
				to the secretary to register to vote through the program.
(2)
Exclusion of program participant
				information in the statewide voter registration system.
In accordance
				with Iowa Code section
				9E.6(1),
				the name, address, and telephone number of a program participant shall not be
				listed in the statewide voter registration system even if the program
				participant does not submit a request to the secretary to register to vote
				through the program.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 6 - Safe at Home Program › Rule 721-6.5 - Change of Voter Registration Through the Program

Current through Register Vol. 47, No. 3, July 24, 2024
This rule facilitates the administration of the safe at home
				  program in accordance with Iowa Code section
				  9E.6(1).
				  This rule describes the manner and process for program participant change of
				  voter registration through the program.
(1)
Change of address within the
				county of the preregistered address.
If the program participant
				relocates within the county in which the program participant has already
				registered with the program, the program participant must submit an updated
				voter registration form to the secretary.
(2)
Change of address to an Iowa
				county outside the county of the preregistered address.
a. If the program participant relocates
				outside the county in which the program participant has already registered with
				the program, the program participant must submit an updated voter registration
				form to the secretary.
b. The
				secretary shall make the necessary changes in the registration records without
				any actions by the participant.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 6 - Safe at Home Program › Rule 721-6.6 - Cancellation of Absentee Ballot Voting Through the Program

Current through Register Vol. 47, No. 3, July 24, 2024
This rule facilitates the administration of the safe at home
				  program in accordance with Iowa Code section
				  9E.6(2).
				  This rule describes the manner and process for program participant cancellation
				  of absentee ballot voting through the program.
(1)
Voluntary cancellation of voter
				registration.
The secretary shall cancel the program participant's
				voter registration and absentee ballot application with the program upon the
				written and signed request of the participant.
(2)
Involuntary cancellation of voter
				registration.
The secretary shall cancel the program participant's
				voter registration and absentee ballot application with the program upon one of
				the following:
a. The death of the program
				participant, as evidenced in accordance with the standards set forth in Iowa
				Code section
				48A.30.
b. Notification of the program participant's
				relocation to another county.
c.
				The receipt of notice from the clerk of the district court, the United States
				Attorney, or the state registrar that the program participant has been
				convicted of a felony as defined in Iowa Code section
				701.7
				or convicted of an offense classified as a felony under federal law in
				accordance with the procedure set forth in Iowa Code section
				48A.30(1)
"d. "
d. The
				receipt of notice from the district court or the state registrar that the
				program participant has been declared a person who is incompetent to vote under
				state law.
e. The inactivity of the
				program participant's voter registration record pursuant to Iowa Code section
				48A.29
				for two successive general elections.
f. The withdrawal of a program participant
				from the program.
g. The
				cancellation of a program participant's certification in the
				program.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				  all rules adopted by the agency are subject to the provisions of Iowa Code
				  chapter 17 A, the Iowa administrative procedure Act, and the provisions of this
				  chapter.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the
				  agency may, before publication of a Notice of Intended Action under Iowa Code
				  section
				  17A.4(1)
"a, "
solicit comments from
				  the public on a subject matter of possible rule making by the agency by causing
				  notice to be published in the Iowa Administrative Bulletin of the subject
				  matter and indicating where, when, and how persons may
				  comment.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall maintain a current public rule-making
				  docket. The rule-making docket shall list each pending rule-making proceeding.
				  A rule-making proceeding is pending from the time it is commenced, by
				  publication in the Iowa Administrative Bulletin of a Notice of Intended Action
				  pursuant to Iowa Code section
				  17A.4(1)
"a, "
to the time it is
				  terminated by publication of a Notice of Termination in the Iowa Administrative
				  Bulletin or the rule becoming effective. For each rule-making proceeding, the
				  docket shall indicate:
1. The subject
				matter of the proposed rule;
2. A
				citation to all published notices relating to the proceeding;
3. Where written submissions on the proposed
				rule may be inspected;
4. The time
				during which written submissions may be made;
5. The names of persons who have made written
				requests for an opportunity to make oral presentations on the proposed rule,
				where those requests may be inspected, and where and when oral presentations
				may be made;
6. Whether a written
				request for the issuance of a regulatory analysis, or a concise statement of
				reasons, has been filed, whether such an analysis or statement or a fiscal
				impact statement has been issued, and where any such written request, analysis,
				or statement may be inspected;
7.
				The current status of the proposed rule and any agency determinations with
				respect thereto;
8. Any known
				timetable for agency decisions or other action in the proceeding;
9. The date of the rule's adoption;
10. The date of the rule's filing, indexing,
				and publication;
11. The date on
				which the rule will become effective; and
12. Where the rule-making record may be
				inspected.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35 days before the adoption of a rule, the
				agency shall cause Notice of Intended Action to be published in the Iowa
				Administrative Bulletin. The Notice of Intended Action shall include:
a. A brief explanation of the purpose of the
				proposed rule;
b. The specific
				legal authority for the proposed rule;
c. Except to the extent impracticable, the
				text of the proposed rule;
d.
				Where, when, and how persons may present their views on the proposed rule;
				and
e. Where, when, and how persons
				may demand an oral proceeding on the proposed rule if the notice does not
				already provide for one.
Where inclusion of the complete text of a proposed rule in
				  the Notice of Intended Action is impracticable, the agency shall include in the
				  notice a statement fully describing the specific subject matter of the omitted
				  portion of the text of the proposed rule, the specific issues to be addressed
				  by that omitted text of the proposed rule, and the range of possible choices
				  being considered by the agency for the resolution of each of those
				  issues.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.5 - 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 Deputy Secretary of State,
				Lucas State Office Building, Des Moines, Iowa 50319, or the person designated
				in the Notice of Intended Action.
(2)
Oral proceedings.
The
				agency may, at any time, schedule an oral proceeding on a proposed rule. The
				agency 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 agency by the
				administrative rules review committee, a governmental subdivision, an agency,
				an association having not less than 25 members, or at least 25 persons. That
				request must also contain the following additional information:
1. A request by one or more individual
				persons must be signed by each of them and include the address and telephone
				number of each of them.
2. A
				request by an association must be signed by an officer or designee of the
				association and must contain a statement that the association has at least 25
				members and the address and telephone number of the person signing that
				request.
3. A request by an agency
				or governmental subdivision must be signed by an official having authority to
				act on behalf of the entity and must contain the address and telephone number
				of the person signing that request.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined in
				1998 Iowa Acts, chapter 1202, section 10(7).
(2)
Mailing list.
Small
				businesses or organizations of small businesses may be registered on the
				agency's small business impact list by making a written application addressed
				to the Deputy Secretary of State, Lucas State Office Building, Des Moines, Iowa
				50319. The application for registration shall state:
a. The name of the small business or
				organization of small businesses;
b. Its address;
c. The name of a person authorized to
				transact business for the applicant;
d. A description of the applicant's business
				or organization. An organization representing 25 or more persons who qualify as
				a small business shall indicate that fact.
e. Whether the registrant desires copies of
				Notices of Intended Action at cost, or desires advance notice of the subject of
				all or some specific category of proposed rule making affecting small business.
The agency may at any time request additional information
				  from the applicant to determine whether the applicant is qualified as a small
				  business or as an organization of 25 or more small businesses. The agency may
				  periodically send a letter to each registered small business or organization of
				  small businesses asking whether that business or organization wishes to remain
				  on the registration list. The name of a small business or organization of small
				  businesses will be removed from the list if a negative response is received, or
				  if no response is received within 30 days after the letter is sent.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A proposed rule
				that mandates additional combined expenditures exceeding $100,000 by all
				affected political subdivisions or agencies and entities which contract with
				political subdivisions to provide services must be accompanied by a fiscal
				impact statement outlining the costs associated with the rule. A fiscal impact
				statement must satisfy the requirements of Iowa Code section
				25B.6.
(2) If the agency determines at the time it
				adopts a rule that the fiscal impact statement upon which the rule is based
				contains errors, the agency shall, at the same time, issue a corrected fiscal
				impact statement and publish the corrected fiscal impact statement in the Iowa
				Administrative Bulletin.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The agency shall not adopt a rule until the
				period for making written submissions and oral presentations has expired.
				Within 180 days after the later of the publication of the Notice of Intended
				Action, or the end of oral proceedings thereon, the agency shall adopt a rule
				pursuant to the rule-making proceeding or terminate the proceeding by
				publication of a notice to that effect in the Iowa Administrative
				Bulletin.
(2)
Consideration
				of public comment.
Before the adoption of a rule, the agency shall
				consider fully all of the written submissions and oral submissions received in
				that rule-making proceeding or any memorandum summarizing such oral
				submissions, and any regulatory analysis or fiscal impact statement issued in
				that rule-making proceeding.
(3)
Reliance on agency expertise.
Except as otherwise provided by
				law, the agency may use its own experience, technical competence, specialized
				knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The agency shall not adopt a rule that
				differs from the rule proposed in the Notice of Intended Action on which the
				rule is based unless:
a. The differences are
				within the scope of the subject matter announced in the Notice of Intended
				Action and are in character with the issues raised in that notice;
				and
b. The differences are a
				logical outgrowth of the contents of that Notice of Intended Action and the
				comments submitted in response thereto; and
c. The Notice of Intended Action provided
				fair warning that the outcome of that rule-making proceeding could be the rule
				in question.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and comment.
To the extent the agency for
				good cause finds that public notice and participation are unnecessary,
				impracticable, or contrary to the public interest in the process of adopting a
				particular rule, the agency may adopt that rule without publishing advance
				Notice of Intended Action in the Iowa Administrative Bulletin and without
				providing for written or oral public submissions prior to its adoption. The
				agency shall incorporate the required finding and a brief statement of its
				supporting reasons in each rule adopted in reliance upon this
				subrule.
(2)
Public
				proceedings on rules adopted without notice and comment.
The agency
				may, at any time, commence a standard rule-making proceeding for the adoption
				of a rule that is identical or similar to a rule it adopts in reliance upon
				subrule 7.10(1). Upon written petition 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, the agency shall commence a standard rule-making proceeding for any
				rule specified in the petition that was adopted in reliance upon subrule
				7.10(1). Such a petition must be filed within one year of the publication of
				the specified rule in the Iowa Administrative Bulletin as an adopted rule. The
				rule-making proceeding on that rule must be commenced within 60 days of the
				receipt of such a petition. After a standard rule-making proceeding commenced
				pursuant to this subrule, the agency may either readopt the rule it adopted
				without benefit of all usual procedures on the basis of subrule 7.10(1), or may
				take any other lawful action, including the amendment or repeal of the rule in
				question, with whatever further proceedings are appropriate.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested by a person, either prior to the
				adoption of a rule or within 30 days after its publication in the Iowa
				Administrative Bulletin as an adopted rule, the agency shall issue a concise
				statement of reasons for the rule. Requests for such a statement must be in
				writing and be delivered to the Deputy Secretary of State, Lucas State Office
				Building, Des Moines, Iowa 50319. The request should indicate whether the
				statement is sought for all or only a specified part of the rule. Requests will
				be considered made on the date received.
(2)
Contents.
The concise
				statement of reasons shall contain:
a. The
				reasons for adopting the rule;
b.
				An indication of any change between the text of the proposed rule contained in
				the published Notice of Intended Action and the text of the rule as finally
				adopted, with the reasons for any such change;
c. The principal reasons urged in the
				rule-making proceeding for and against the rule, and the agency's reasons for
				overruling the arguments made against the rule.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule adopted by the agency shall contain the
				text of the rule and, in addition:
a. The
				date the agency adopted the rule;
b. A brief explanation of the principal
				reasons for the rule-making action if such reasons are required by 1998 Iowa
				Acts, chapter 1202, section 8, or the agency in its discretion decides to
				include such reasons;
c. A
				reference to all rules repealed, amended, or suspended by the rule;
d. A reference to the specific statutory or
				other authority authorizing adoption of the rule;
e. Any findings required by any provision of
				law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
				reasons for the failure to provide for waivers to the rule if no waiver
				provision is included and a brief explanation of any waiver or special
				exceptions provided in the rule if such reasons are required by 1998 Iowa Acts,
				chapter 1202, section 8, or the agency in its discretion decides to include
				such reasons; and
g. The effective
				date of the rule.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.13 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The agency 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 agency 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 agency submissions to the
				administrative rules coordinator concerning that rule or the proceeding upon
				which it is based;
b. Copies of any
				portions of the agency'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 agency, 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 by the
				secretary, 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
				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;
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, 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 agency 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.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall file each rule it adopts in the office of
				  the administrative rules coordinator. The filing must be executed as soon after
				  adoption of the rule as is practicable. At the time of filing, each rule must
				  have attached to it any fiscal impact statement and any concise statement of
				  reasons that was issued with respect to that rule. If a fiscal impact statement
				  or statement of reasons for that rule was not issued until a time subsequent to
				  the filing of that rule, the note or statement must be attached to the filed
				  rule within five working days after the note or statement is issued. In filing
				  a rule, the agency shall use the standard form prescribed by the administrative
				  rules coordinator.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The agency may make a rule effective after its filing
				at any stated time prior to 35 days after its indexing and publication in the
				Iowa Administrative Bulletin if it finds that a statute so provides, the rule
				confers a benefit or removes a restriction on some segment of the public, or
				that the effective date of the rule is necessary to avoid imminent peril to the
				public health, safety, or welfare. The agency shall incorporate the required
				finding and a brief statement of its supporting reasons in each rule adopted in
				reliance upon this subrule.
(2)
Special notice.
When the agency makes a rule effective prior
				to its indexing and publication in reliance upon the provisions of Iowa Code
				section
				17A.5(2)
"b
"(3), the agency shall
				employ all reasonable efforts to make its contents known to the persons who may
				be affected by that rule prior to the rule's indexing and publication. The term
				"all reasonable efforts" requires the agency to employ the most effective and
				prompt means of notice rationally calculated to inform potentially affected
				parties of the effectiveness of the rule that is justified and practical under
				the circumstances considering the various alternatives available for this
				purpose, the comparative costs to the agency of utilizing each of those
				alternatives, and the harm suffered by affected persons from any lack of notice
				concerning the contents of the rule prior to its indexing and publication. The
				means that may be used for providing notice of such rules prior to their
				indexing and publication include, but are not limited to, any one or more of
				the following means: radio, newspaper, television, signs, mail, telephone,
				personal notice or electronic means.
A rule made effective prior to its indexing and publication
				  in reliance upon the provisions of Iowa Code section 17A.5(2)
"b
"(3) shall include in that rule a statement describing the
				  reasonable efforts that will be used to comply with the requirements of subrule
				  7.15(2).
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The agency shall
				maintain an official, current, and dated compilation that is indexed by
				subject, containing all of its general statements of policy within the scope of
				Iowa Code section
				17A.2(10)
"a, "
"c, "
"f"
"g, " "h, " "k. "
Each addition to,
				change in, or deletion from the official compilation must also be dated,
				indexed, and a record thereof kept. Except for those portions containing rules
				governed by Iowa Code section
				17A.2(10)
"f,"
or otherwise
				authorized by law to be kept confidential, the compilation must be made
				available for public inspection and copying.
(2)
Enforcement of
				requirements.
A general statement of policy subject to the
				requirements of this subsection shall not be relied on by the agency to the
				detriment of any person who does not have actual, timely knowledge of the
				contents of the statement until the requirements of subrule 7.16(1) are
				satisfied. This provision is inapplicable to the extent necessary to avoid
				imminent peril to the public health, safety, or welfare.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 7 - Agency Procedure for Rule Making › Rule 721-7.17 - Review by Agency of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any interested
				person, association, agency, or political subdivision may submit a written
				request to the administrative rules coordinator requesting the agency to
				conduct a formal review of a specified rule. Upon approval of that request by
				the administrative rules coordinator, the agency shall conduct a formal review
				of a specified rule to determine whether a new rule should be adopted instead
				or the rule should be amended or repealed. The agency may refuse to conduct a
				review if it has conducted such a review of the specified rule within five
				years prior to the filing of the written request.
(2) In conducting the formal review, the
				agency shall prepare within a reasonable time a written report summarizing its
				findings, its supporting reasons, and any proposed course of action. The report
				must include a concise statement of the agency's findings regarding the rule's
				effectiveness in achieving its objectives, including a summary of any available
				supporting data. The report shall also concisely describe significant written
				criticisms of the rule received during the previous five years, including a
				summary of any petitions for waiver of the rule received by the agency or
				granted by the agency. The report shall describe alternative solutions to
				resolve the criticisms of the rule, the reasons any were rejected, and any
				changes made in the rule in response to the criticisms as well as the reasons
				for the changes. A copy of the agency's report shall be sent to the
				administrative rules review committee and the administrative rules coordinator.
				The report must also be available for public inspection.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 8 - Petitions for Rule Making › Rule 721-8.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person or agency may file a petition for rule making with
				  the secretary of state at the Secretary of State's Office, First Floor, State
				  Capitol Building, Des Moines, Iowa 50319, or the Secretary of State's Office,
				  Lucas State Office Building, Des Moines, Iowa 50319. A petition is deemed filed
				  when it is received in either office. The agency must provide the petitioner
				  with a file-stamped copy of the petition if the petitioner provides the agency
				  an extra copy for this purpose. The petition must be typewritten or legibly
				  handwritten in ink and must substantially conform to the following form:
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				  view Image
The petition must provide the following information:
1. A statement of the specific rule-making
				action sought by the petitioner including the text or a summary of the contents
				of the proposed rule or amendment to a rule and, if it is a petition to amend
				or repeal a rule, a citation to the particular portion or portions of the rule
				proposed to be amended or repealed, together with a quotation of the relevant
				language.
2. A citation to any law
				deemed relevant to the agency's authority to take the action urged or to the
				desirability of that action.
3. A
				brief summary of petitioner's arguments in support of the action urged in the
				petition.
4. A brief summary of any
				data supporting the action urged in the petition.
5. The names and addresses of other persons,
				or a description of any class of persons, known by petitioner to be affected
				by, or interested in, the proposed action which is the subject of the
				petition.
6. Any request by
				petitioner for a meeting provided for by rule 721-8.4(17A).
(1) The petition must be dated and signed by
				the petitioner or the petitioner's representative. It must also include the
				name, mailing address, and telephone number of the petitioner and petitioner's
				representative (if one is involved), and a statement indicating the person to
				whom communications concerning the petition should be directed.
(2) The agency may deny a petition because it
				does not substantially conform to the required form.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 8 - Petitions for Rule Making › Rule 721-8.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support
				  of the action urged in the petition. The agency may request a brief from the
				  petitioner or from any other person concerning the substance of the
				  petition.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 8 - Petitions for Rule Making › Rule 721-8.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				  may be made to the Deputy Secretary of State, Lucas State Office Building, Des
				  Moines, Iowa 50319.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 8 - Petitions for Rule Making › Rule 721-8.4 - Agency Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within 30 days
				after the filing of a petition, the agency must submit the petition, any
				accompanying brief, and the disposition of the petition to the administrative
				rules coordinator and to the administrative rules review committee. Upon
				request by petitioner in the petition, the agency must schedule a brief and
				informal meeting between the petitioner and the agency, a member of the agency,
				or a member of the staff of the agency, to discuss the petition. The agency may
				request the petitioner to submit additional information or argument concerning
				the petition. The agency may also solicit comments from any person on the
				substance of the petition. Also, comments on the substance of the petition may
				be submitted to the agency by any person.
(2) Within 90 days after the filing of the
				petition, or within any longer period agreed to by the petitioner, the agency
				must, in writing, deny the petition, and notify petitioner of its action and
				the specific grounds for the denial, or grant the petition and notify
				petitioner that it has instituted rule-making proceedings on the subject of the
				petition. Petitioner shall be deemed notified of the denial or grant of the
				petition on the date when the agency mails or delivers the required
				notification to petitioner.
(3)
				Denial of a petition because it does not substantially conform to the required
				form does not preclude the filing of a new petition on the same subject that
				seeks to eliminate the grounds for the agency's rejection of the
				petition.