reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 3 - Petitions for Rule Making › Rule 129-3.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing.
Any person, other state agency, or board may file a
				petition for rule making with the office of the chief information officer at
				Office of the Chief Information Officer, Hoover State Office Building, Level B,
				1305 East Walnut Street, Des Moines, Iowa 50319. A petition is deemed filed
				when it is received by the office. The office shall provide the petitioner with
				a file-stamped copy of the petition if the petitioner provides the office an
				extra copy for this purpose.
(2)
Form.
The petition must be typewritten or legibly handwritten
				in ink and must substantially conform to the following form:
Click here to
				  view Image
(3)
Content.
The petition must provide the following information:
a. 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 and the relevant language to the particular
				portion or portions of the rule proposed to be amended or repealed.
b. A citation to any law deemed relevant to
				the office's authority to take the action urged or to the desirability of that
				action.
c. A brief summary of
				petitioner's arguments in support of the action urged in the
				petition.
d. A brief summary of any
				data supporting the action urged in the petition.
e. 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.
f.Any request by the
				petitioner for a meeting provided for by rule 129-3.4(17A).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 3 - Petitions for Rule Making › Rule 129-3.2 - 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 CIO, or the CIO's designee, may
				  request a brief from the petitioner or from any other person concerning the
				  substance of the petition.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 3 - Petitions for Rule Making › Rule 129-3.3 - 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 Office of the Chief Information Officer, Hoover State Office
				  Building, Level B, 1305 East Walnut Street, Des Moines, Iowa
				  50319.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 3 - Petitions for Rule Making › Rule 129-3.4 - Office Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Within 14 days after the filing of a petition, the office must submit a copy of
				the petition and any accompanying brief to the administrative rules coordinator
				and to the administrative rules review committee. Upon request by petitioner in
				the petition, the office must schedule a brief and informal meeting between the
				petitioner and the office to discuss the petition. The office may request the
				petitioner to submit additional information or argument concerning the
				petition. The office may also solicit comments from any person on the substance
				of the petition. Comments on the substance of the petition may also be
				submitted to the office by any person.
(2) Within 60 days after the filing of the
				petition, or within any longer period agreed to by the petitioner, the office
				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. The petitioner shall be deemed notified of the denial or granting of
				the petition on the date when the office mails or delivers the required
				notification to the 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
				office's rejection of the petition.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing.
Any person may
				file a petition with the office for a declaratory order as to the applicability
				to specified circumstances of a statute, rule, or order within the primary
				jurisdiction of the office of the chief information officer at Office of the
				Chief Information Officer, Hoover State Office Building, Level B, 1305 East
				Walnut Street, Des Moines, Iowa 50319. A petition is deemed filed when it is
				received by the office. The office shall provide the petitioner with a
				file-stamped copy of the petition if the petitioner provides the office with an
				extra copy for this purpose.
(2)
Form.
The petition must be typewritten or legibly handwritten
				in ink and must substantially conform to the following form:
Click here to
				  view Image
(3)
Content.
The petition must provide the following information:
a. A clear and concise statement of all
				relevant facts on which the order is requested.
b. A citation and the relevant language of
				the specific statutes, rules, policies, decisions, or orders whose
				applicability is questioned, and any other relevant law.
c. The questions the petitioner wants
				answered, stated clearly and concisely.
d. The answers to the questions desired by
				the petitioner and a summary of the reasons urged by the petitioner in support
				of those answers.
e. The reasons
				for requesting the declaratory order and disclosure of the petitioner's
				interest in the outcome.
f. A
				statement indicating whether the petitioner is currently a party to another
				proceeding involving the questions at issue and whether, to the petitioner's
				knowledge, those questions have been directed by, are pending determination by,
				or are under investigation by any governmental entity.
g. 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 questions in the petition.
h. Any request by petitioner for a meeting
				provided for by rule 129-4.7(8B,17A).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				  order, the office shall give notice of the petition to all persons not served
				  by the petitioner pursuant to rule 129-4.6 (8B,17A) to whom notice is required
				  by any provision of law. The office may also give notice to any other
				  persons.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
				qualify under any applicable provision of law as an intervenor and who file a
				petition for intervention within 20 days of the filing of a petition for
				declaratory order shall be allowed to intervene in a proceeding for a
				declaratory order.
(2)Any person
				who files a petition for intervention at any time prior to the issuance of an
				order may be allowed to intervene in a proceeding for a declaratory order at
				the discretion of the office.
(3)
				Filing. A petition for intervention shall be filed at Office of the Chief
				Information Officer, Hoover State Office Building, Level B, 1305 East Walnut
				Street, Des Moines, Iowa 50319. Such a petition is deemed filed when it is
				received by the office. The office will provide the petitioner with a
				file-stamped copy of the petition for intervention if the petitioner provides
				an extra copy for this purpose.
(4)
				Form. A petition for intervention must be typewritten or legibly handwritten in
				ink and must substantially conform to the following form:
Click here to
				  view Image
(5)
				Content. The petition for intervention must provide the following information:
a.Facts supporting the intervener's standing
				and qualifications for intervention.
b. The answers urged by the intervenor to the
				question or questions presented and a summary of the reasons urged in support
				of those answers.
c. Reasons for
				requesting intervention and disclosure of the intervener's interest in the
				outcome.
d. A statement indicating
				whether the intervenor is currently a party to any proceeding involving the
				questions at issue and whether, to the intervener's knowledge, those questions
				have been decided by, are pending determination by, or are under investigation
				by any governmental entity.
e. The
				names and addresses of any additional persons, or a description of any
				additional class of persons, known by the intervenor to be affected by, or
				interested in, the questions presented.
f. Whether the intervenor consents to be
				bound by the determination of the matters presented in the declaratory order
				proceeding.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or intervenor may file a brief in support of
				  the position urged. The office may request a brief from the petitioner, any
				  intervenor, or any other person concerning the questions raised in the
				  petition.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order may be
				  made to the Office of the Chief Information Officer, c/o Business Services
				  Division, Hoover State Office Building, Level B, 1305 East Walnut Street, Des
				  Moines, Iowa 50319.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
				petition for intervention, brief, or other paper filed in a proceeding for a
				declaratory order shall be served upon each of the parties of record to the
				proceeding, and on all other persons identified in the petition for declaratory
				order or petition for intervention as affected by or interested in the
				questions presented, simultaneously with its filing. The party filing a
				document is responsible for service on all parties and other affected or
				interested persons.
(2)
Filing
-
when required.
All petitions for
				declaratory orders, petitions for intervention, briefs, or other papers in a
				proceeding for a declaratory order shall be filed with the Office of the Chief
				Information Officer, Hoover State Office Building, Level B, 1305 East Walnut
				Street, Des Moines, Iowa 50319. All petitions, briefs, or other papers that are
				required to be served upon a party shall be filed simultaneously with the
				office.
(3)
Method of
				service, time of filing, and proof of mailing.
Method of service, time
				of filing, and proof of mailing shall be as provided by rule 129-6.14
				(8B,17A).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the office shall schedule a brief
				  and informal meeting between the original petitioner, all intervenors, and the
				  office to discuss the questions raised. The office may solicit comments from
				  any person on the questions raised. Additionally, any person may submit
				  comments on the questions raised to the office.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				office shall take action on a petition for a declaratory order within 30 days
				after its receipt as required by Iowa Code section
				17A.9.
(2) The date of issuance of an order or of a
				refusal to issue an order is as defined in rule 129-6.2 (8B,17A).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				office shall not issue a declaratory order where prohibited by Iowa Code
				section
				17A.9(1)
				 and may refuse to issue a declaratory order
				on some or all questions raised for the following reasons:
a. The petition does not substantially
				conform to or comply with the requirements set forth in rule 129-4.1 (8B,17A)
				relating to filing, form, content, or additional requirements.
b. The petition does not contain facts
				sufficient to demonstrate that the petitioner will be aggrieved or adversely
				affected by the failure of the office to issue an order.
c. The office does not have jurisdiction over
				the questions presented in the petition.
d. The questions presented by the petition
				are also presented in a current rule making, contested case, or other office or
				judicial proceeding that may definitively resolve them.
e. The questions presented by the petition
				would more properly be resolved in a different type of proceeding or by another
				body with jurisdiction over the matter.
f. The facts or questions presented in the
				petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
				basis upon which to issue an order.
g. There is no need to issue an order because
				the questions raised in the petition have been settled due to a change in
				circumstances.
h. The petition is
				not based upon facts calculated to aid in the planning of future conduct but
				is, instead, based solely upon prior conduct in an effort to establish the
				effect of that conduct or to challenge an office decision already
				made.
i. The petition requests a
				declaratory order that would necessarily determine the legal rights, duties, or
				responsibilities of other persons who have not joined in the petition or filed
				a similar petition and whose position on the questions presented may fairly be
				presumed to be adverse to that of petitioner.
j. The petitioner requests that the office
				determine whether a statute is unconstitutional on its face.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the ruling itself, a declaratory order must
				  contain the date of its issuance, the name of the petitioner, the name of any
				  intervenors, the specific statutes, rules, policies, decisions, or orders
				  involved, the particular facts upon which it is based, and the reasons for its
				  conclusion. A declaratory order is effective on the date of
				  issuance.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.11 - Copies of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A copy of all orders issued in response to a petition for a
				  declaratory order shall be mailed promptly to the original petitioner and all
				  intervenors.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 4 - Declaratory Orders › Rule 129-4.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as
				  a final order in a contested case proceeding. It is binding on the office, the
				  petitioner and any intervenors and is applicable only in circumstances where
				  the relevant facts and the law involved are indistinguishable from those on
				  which the order was based. As to all other persons, a declaratory order serves
				  only as precedent and is not binding on the office. The issuance of a
				  declaratory order constitutes final office action on the
				  petition.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.1 - 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 office are subject to the provisions of Iowa Code
				  chapter 17A and the provisions of this chapter.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.2 - 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
				  office 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 office 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The
				office shall maintain a current public rule-making docket.
(2)
Anticipated rule making.
The rule-making docket shall list each anticipated rule-making proceeding. A
				rule-making proceeding is deemed" anticipated" from the time a draft of a
				proposed rule is distributed for internal discussion within the office. For
				each anticipated rule-making proceeding, the docket shall contain a listing of
				the precise subject matter which may be submitted for consideration by the
				office for subsequent proposal under the provisions of Iowa Code section
				17A.4(1)
"a,"
the name and address of office personnel with whom
				persons may communicate with respect to the matter, and an indication of the
				present status within the office of that possible rule. The office may also
				include in the docket other subjects upon which public comment is
				desired.
(3)
Pending
				rule-making proceedings.
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's becoming
				effective. For each rule-making proceeding, the docket shall indicate:
a. The subject matter of the proposed
				rule;
b. A citation to all
				published notices relating to the proceeding;
c. Where written submissions on the proposed
				rule may be inspected;
d. The time
				during which written submissions may be made;
e. 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;
f. 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;
g.
				The current status of the proposed rule and any office determination with
				respect thereto;
h. Any known
				timetable for office decisions or other action in the proceeding;
i. The date of the rule's adoption;
j. The date of the rule's filing, indexing,
				and publication;
k. The date on
				which the rule will become effective; and
l. Where the rule-making record may be
				inspected.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.4 - 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 office shall cause a 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 office 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 office for the resolution of each of those
				  issues.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.5 - 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 person
				designated in the Notice of Intended Action at the address designated in the
				Notice of Intended Action.
(2)
Oral proceedings.
The office may, at any time, schedule an
				oral proceeding on a proposed rule. The office 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 office 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:
a. 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.
b. 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.
c.
				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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined in
				Iowa Code section
				17A.4A(8).
(2)
Mailing list.
Small
				businesses or organizations of small businesses may be registered on the
				office's small business impact list by making a written application addressed
				to Small Business Registry, c/o Business Services Division, Office of the Chief
				Information Officer, Hoover State Office Building, Level B, 1305 East Walnut
				Street, Des Moines, Iowa 50319. The application for registration shall state:
a. The name of the small business or
				organization of small businesses;
b. The address of the small business or
				organization of small businesses;
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 office 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 office 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.7 - 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, shall be accompanied by a
				fiscal impact statement outlining the costs associated with the rule. A fiscal
				impact statement shall satisfy the requirements of Iowa Code section
				25B.5.
(2) If the office determines at the time it
				adopts a rule that the fiscal impact statement upon which the rule is based
				contains errors, the office 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The office 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 office 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 office 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 office expertise.
Except as otherwise provided by
				law, the office may use its own experience, technical competence, specialized
				knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The office
				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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
				comment.
When the statute so provides, or with the approval of the
				administrative rules review committee, if the committee finds good cause that
				public notice and participation are unnecessary, impracticable, or contrary to
				the public interest in the process of adopting a particular rule, the office
				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 office shall incorporate the required
				finding and a brief statement of its supporting reasons in each rule adopted in
				reliance upon this subrule.
(2)
Categories exempt.
The following narrowly tailored categories
				of rules are exempted from the usual public notice and participation
				requirements because those requirements are unnecessary, impracticable, or
				contrary to the public interest with respect to each and every member of the
				defined class: rules mandated by either state or federal law.
(3)
Public proceedings on rules
				adopted without them.
The office 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 5.10(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 office shall commence a standard
				rule-making proceeding for any rule specified in the petition that was adopted
				in reliance upon subrule 5.10(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 office may either readopt
				the rule it adopted without benefit of all usual procedures on the basis of
				subrule 5.10(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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.11 - 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 office
				shall issue a concise statement of reasons for the rule. Requests for such a
				statement must be in writing and be delivered to Office of the Chief
				Information Officer, c/o Business Services Division, Hoover State Office
				Building, Level B, 1305 East Walnut Street, 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 office's reasons for overruling the arguments made against the
				rule.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
				adopted by the office shall contain the text of the rule and, in addition:
a. The date the office adopted the
				rule;
b. A brief explanation of the
				principal reasons for the rule-making action if such reasons are required by
				Iowa Code section
				17A.4(2)
				 or the office 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 Iowa Code
				section
				17A.4(2)
				 or the office in its discretion decides to
				include such reasons; and
g. The
				effective date of the rule.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.13 - Office Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The office
				shall maintain an official rule-making record for each rule it proposes or
				adopts by publication in the Iowa Administrative Bulletin of a Notice of
				Intended Action. The rule-making record and materials incorporated by reference
				must be available for public inspection.
(2)
Contents.
The office
				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 submissions to the administrative rules coordinator concerning that rule or
				the proceeding upon which it is based;
b. Copies of any portions of the office'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 office, and all other written materials of a
				factual nature and distinguished from opinion that are relevant to the merits
				of the rule and that were created or compiled by the office and considered by
				the CIO, 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 office
				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 office 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(3)
				 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(6),
				and any office 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The office 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 were 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 office shall use the standard form prescribed by
				  the administrative rules coordinator.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The office 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 office 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 office makes a rule effective prior to its indexing
				and publication in reliance upon the provisions of Iowa Code section
				17A.5(2)
"b,"
the office shall employ all reasonable efforts to make
				the rule's 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 office 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 office 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 notices
				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" shall include in that rule a statement
				  describing the reasonable efforts that will be used to comply with the
				  requirements of subrule 5.15(2).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public
				inspection.
The office 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(11)
"a," "c," "f," "g," "h," "k"
Each addition to, change in, or
				deletion from the official compilation must also be dated and indexed and a
				record thereof kept. Except for those portions containing rules governed by
				Iowa Code section
				17A.2(11)
"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 rule shall not be relied on by the office to the detriment
				of any person who does not have actual, timely knowledge of the contents of the
				statement until the requirements of subrule 5.16(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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 5 - Office Procedure for Rule Making › Rule 129-5.17 - Review by Office 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 office
				to conduct a formal review of a specified rule. Upon approval of that request
				by the administrative rules coordinator, the office shall conduct a formal
				review of a specified rule to determine whether a new rule should be adopted
				instead or whether the rule should be amended or repealed. The office 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
				office 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 office'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 office or
				granted by the office. 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 office'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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.1 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to contested case proceedings conducted
				  by the office or by the division of administrative hearings in the department
				  of inspections and appeals on behalf of the office.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law, for
				  purposes of this chapter:
"Administrative law judge"
or
"ALJ"
means an employee of the administrative hearings
				  division of the department of inspections and appeals who presides over
				  contested cases and other proceedings.
"Chief information officer"
or
"CIO
				  "
means the state chief information officer or the state chief
				  information officer's designee.
"Contested case"
means a proceeding defined
				  by Iowa Code section
				  17A.2(5)
				   and includes any matter defined as a no
				  factual dispute contested case under Iowa Code section
				  17A.10A.
"Division"
means the division of
				  administrative hearings of the department of inspections and appeals.
"Issuance"
means, unless another date is
				  specified in the order, the date of mailing of a decision or order or date of
				  delivery if service is by other means.
"Office"
means the office of the chief
				  information officer authorized by Iowa Code chapter 8B.
"Party"
means a party as defined in Iowa
				  Code section
				  17A.2(8).
"Presiding officer"
means the administrative
				  law judge assigned to the contested case, or the chief information officer,
				  whichever is appropriate.
"Proposed decision"
means the presiding
				  officer's recommended findings of fact, conclusions of law, decision, and order
				  in a contested case in which the CIO did not preside.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Time shall be computed as provided in Iowa Code section
				4.1(34).
(2) For good cause, the presiding officer may
				extend or shorten the time to take any action, except as otherwise precluded by
				rule or law. Except for good cause stated in the record, before extending or
				shortening the time to take any action, the presiding officer shall afford all
				parties an opportunity to be heard or to file written arguments.