Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.213 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The
			 department 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 department
			 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 department submissions to the administrative rules coordinator concerning
			 that rule or the proceeding upon which it is based;
b. Copies of any portions of the department'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 department, 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 department and considered by
			 the commissioner of public safety or other official with rule-making authority,
			 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 department 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 department 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 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 department 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.