reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.8 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
For
			 good cause.
The board shall refuse to issue a declaratory order for
			 good cause. Good cause includes, but is not limited to, the following reasons:
a. The petition does not substantially comply
			 with the required form.
b. The
			 petition does not contain facts sufficient to demonstrate that the petitioner
			 will be aggrieved or adversely affected by the failure of the board to issue an
			 order
c. The board 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 proceeding, or
			 other agency or judicial proceeding that may 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 a board 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 the board to
			 determine whether a statute is unconstitutional on its face.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.9 - Contents of Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of issuance, the name of petitioner and all intervenors, the
				specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its
				conclusion.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.11 - 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 issued in a contested case proceeding. The order is binding on the
				board, the petitioner, and any intervenors who consented to be bound. An order
				is applicable only in circumstances when the relevant facts and the laws,
				rules, policies, decisions, or orders 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 board. The issuance of a
				declaratory order constitutes final agency action on the petition for a
				declaratory order A declaratory order is in effect on the date of
				issuance.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.12 - Advisory Opinion

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of filing a petition for a declaratory order, any
				person subject to the board's jurisdiction may request an advisory opinion
				pursuant to rule
				351-1.2
				(68B). However, as provided in 351-subrule 1.3(6), the board will refuse to
				issue a declaratory order to a person who has previously received a board
				opinion on the same question unless the petitioner demonstrates a significant
				change in circumstances from those in the board opinion.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 13 - Petitions for Rule Making › Rule 351-13.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Who may file.
Any person may file a petition for rule making
			 with the Iowa Ethics and Campaign Disclosure Board, 510 East 12th Street, Suite
			 lA, Des Moines, Iowa 50319. A petition is deemed filed when it is received by
			 the board. The board shall provide the petitioner with a file-stamped copy of
			 the petition if the petitioner provides the board an extra copy for this
			 purpose. The petition must be typewritten or legibly handwritten in
			 ink.
(2)
Required
			 information.
The petition must provide the following information:
a. A statement that the document is a
			 petition for rule making.
b. 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.
c. A citation to any law deemed relevant to
			 the board's authority to take the action urged or to the desirability of that
			 action.
d. A brief summary of
			 petitioner's arguments in support of the action urged in the
			 petition.
e. A brief summary of any
			 data supporting the action urged in the petition.
f. 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 that is the subject of the
			 petition.
g. Any request by
			 petitioner for a meeting between the petitioner and the board's executive
			 director
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 13 - Petitions for Rule Making › Rule 351-13.2 - 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 board may request a brief from the
				petitioner or from any other person concerning the substance of the petition,
				including the board's legal counsel.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 13 - Petitions for Rule Making › Rule 351-13.3 - 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 Iowa Ethics and Campaign Disclosure Board, 510 East 12th
				Street, Suite lA, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 13 - Petitions for Rule Making › Rule 351-13.4 - Board Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedure.
Within 30 days after the filing of a petition or
			 within 5 days following a regular meeting of the board at which the petition
			 has been received and discussed, whichever is earlier, the board 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
			 the petitioner in the petition, the board must schedule a brief and informal
			 meeting between the petitioner and the board, a member of the board, or a
			 member of the staff of the board to discuss the petition. The board may request
			 the petitioner to submit additional information or argument concerning the
			 petition. The board may also solicit comments from any person on the substance
			 of the petition. Any person may submit comments on the substance of the
			 petition.
(2)
Board
			 response.
Within 90 days after the filing of the petition, or within
			 any longer period agreed to by the petitioner, the board must either deny the
			 petition or grant the petition. A notice of denial shall contain the specific
			 reasons for the board's decision. Petitioner shall be deemed notified of the
			 denial or granting of the petition on the date when the board mails or delivers
			 the required notification to petitioner
(3)
Refiling petition.
Denial of a petition because it does not substantially provide the required
			 information in rule
			 351-13.1
			 (68B) does not preclude the filing of a new petition on the same subject that
			 seeks to eliminate the grounds for the board's denial of the
			 petition.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.1 - 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 board are subject to the provisions of Iowa Code
				chapter 17A, the Iowa administrative procedure Act, and the provisions of this
				chapter
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.2 - 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 board
				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 by causing notice to be published in the Iowa
				Administrative Bulletin. Notice shall include the subject matter and indicate
				where, when, and how persons may comment.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The board shall maintain a current public
			 rule-making docket.
(2)
Anticipated rule making.
The docket shall list each
			 anticipated rule-making proceeding. A proceeding is deemed "anticipated" from
			 the time a draft of proposed rules is distributed for review by the board. The
			 docket shall contain a listing of the precise subject matter that may be
			 submitted for consideration by the board for subsequent proposal imder the
			 provisions of Iowa Code section
			 17A.4(1)
			  "a," the name and address of the board's
			 rules administrator with whom persons may communicate with respect to the
			 matter, and an indication of the present status within the board of that
			 possible rule. The board may also include in the docket other subjects for
			 which public comment is desired.
(3)
Pending rule-making
			 proceedings.
The docket shall list each pending rule-making
			 proceeding. A proceeding is pending from the time it is commenced by
			 publication in the Iowa Administrative Bulletin of a Notice of Intended Action
			 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
			 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 board determinations with respect thereto;
h. Any known timetable for board 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;
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.4 - 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
			 board 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 board 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 board for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.5 - 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 and should be submitted to the board's rules administrator at 510
			 East 12th Street, Suite lA, Des Moines, Iowa 50319, or the person designated in
			 the Notice of Intended Action.
(2)
Oral proceedings.
The board may schedule an oral proceeding on
			 a proposed rule. The board 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 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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.6 - 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(7).
(2)
Mailing list.
Small
			 businesses or organizations of small businesses may be registered on the
			 board's small business impact list by making a written application addressed to
			 the board's executive director 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 board 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 board 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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.7 - 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 that 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 board determines at the time it
			 adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the board 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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 board 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 board 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 board 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 hoard
			 expertise.
Except as otherwise provided by law, the board may use its
			 own experience, technical competence, specialized knowledge, and judgment in
			 the adoption of a rule.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board 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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.10 - 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 board for good cause finds that public
			 notice and participation are unnecessary, impracticable, or contrary to the
			 public interest in the process of adopting a rule, the board 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 board 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 them.
The board
			 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 14.10(1). Upon written petition by a governmental subdivision, the
			 administrative rules review committee, the administrative rules coordinator, an
			 association having not less than 25 members, or at least 25 persons, the board
			 shall commence a standard rule-making proceeding for any rule specified in the
			 petition that was adopted in reliance upon subrule 14.10(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
			 board may either readopt the rule it adopted without benefit of all usual
			 procedures on the basis of subrule 14.10(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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.11 - 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 board shall issue a concise
			 statement of reasons for the rule. Requests for such a statement must be in
			 writing and be delivered to the board's agency rules administrator at 510 East
			 12th Street, Suite lA, 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 board's reasons for
			 overruling the arguments made against the rule.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
			 adopted by the board shall contain the text of the rule and, in addition:
a. The date the board 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,
			 or the board 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,
			 or the board in its discretion decides to include such reasons; and
g. The effective date of the rule.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.13 - Board Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The board 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 board 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 board submissions to the
			 administrative rules coordinator concerning that rule or the proceeding upon
			 which it is based;
b. Copies of any
			 portions of the board'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 board, 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 board and considered by the
			 board, 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 board 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 board 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 board 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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The board 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 board shall use the standard form prescribed by the administrative
				rules coordinator
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The board 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 board 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 board 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 board 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 board 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 board 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
				14.15(2).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The board 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, 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
			 subsection shall not be relied on by the board to the detriment of any person
			 who does not have actual, timely knowledge of the contents of the statement
			 until the requirements of subrule 14.16(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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 14 - Board Procedure for Rule Making › Rule 351-14.17 - Review by Board 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 board to
			 conduct a formal review of a specified rule. Upon approval of that request by
			 the administrative rules coordinator, the board shall conduct a formal review
			 of the rule to determine whether a new rule should be adopted or the rule
			 should be amended or repealed. The board may refuse to conduct a review if it
			 has conducted such a review of the rule within five years prior to the filing
			 of the request.
(2) In conducting
			 the formal review, the board shall prepare a written report summarizing its
			 findings, its supporting reasons, and any proposed course of action. The report
			 shall include a concise statement of the board's findings regarding the rule's
			 effectiveness in achieving its objectives, including a summary of any available
			 supporting data. The report shall also 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 board or granted by the board.
			 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 board's report shall be sent to the administrative rules review committee
			 and the administrative rules coordinator and shall be available to the
			 public.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, a "waiver" means action by the
				board that suspends, in whole or in part, the requirements or provisions of a
				rule as applied to an identified individual, business, organization or person
				on the basis of the particular circumstances of that individual, business,
				organization or person. The term "person" shall include any individual or
				entity subject to the board's jurisdiction.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of individual waivers from rules adopted by
				the board in situations when no other more specifically applicable law or rule
				provides for waivers. To the extent another more specific provision of law or
				rule governs the issuance of a waiver, the more specific provision shall
				supersede this chapter with respect to any waiver process. A person seeking a
				waiver of a civil penalty under rule
				351-4.60
				(68B),
				351-7.6
				(68B), or
				351-8.12
				(68B) for the late filing of a report is not required to follow the process set
				out in this chapter The person may instead file the waiver request by
				submitting a Petition for Waiver of Civil Penalty form.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The board may grant a waiver from a rule only if the board has
				sole jurisdiction over the rule and the requested waiver is consistent with
				applicable statutes, constitutional provisions or other provisions of law. The
				board may not waive requirements created or duties imposed by statute or court
				order
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule 15.6(17A),
				the board may in its sole discretion issue an order waiving in whole or in part
				the requirements of a rule if the board finds, based on clear and convincing
				evidence, all of the following:
1. The
			 application of the rule would impose an undue hardship on the person for whom
			 the waiver is requested;
2. The
			 waiver from the requirements of the rule in the specific case would not
			 prejudice the substantial legal rights of any other person;
3. The provisions of the rule subject to the
			 petition for a waiver are not specifically mandated by statute or court order;
			 and
4. Substantially equal
			 protection of the public interest will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver shall be submitted in writing to the
				Iowa Ethics and Campaign Disclosure Board, 510 East 12th Street, Suite lA, Des
				Moines, Iowa 50319. If the request relates to a pending contested case, a copy
				of the request shall also be filed in the contested case proceeding addressed
				to the board's legal counsel at the above address.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the petitioner:
1. The name, address and telephone number of
			 the person for whom a waiver is being requested and the case number of any
			 related contested cases, if applicable.
2. A description and citation of the specific
			 rule from which waiver is requested.
3. The specific waiver requested, including
			 the precise scope and duration.
4.
			 The relevant facts the petitioner believes would justify a waiver under each of
			 the four criteria described in rule 15.4(17A). This shall include a signed
			 statement from the petitioner attesting to the accuracy of the facts provided
			 in the petition and a statement of reasons the petitioner believes will justify
			 a waiver.
5. A history of any
			 contacts between the board and the petitioner within the past five years
			 relating to the activity affected by the proposed waiver This shall include any
			 notices of violation whether resolved through administration resolution or a
			 contested case proceeding within the past five years.
6. Any information known to the petitioner
			 regarding the board's treatment of similar cases.
7. The name, address and telephone number of
			 any public agency or political subdivision that also regulates the activity in
			 question or that might be affected by the granting of the waiver
8. The name, address and telephone number of
			 any person or entity that would be adversely affected by the granting of the
			 waiver
9. The name, address and
			 telephone number of any person with knowledge of facts relevant to the proposed
			 waiver
10. Signed releases
			 authorizing the persons with knowledge regarding the request to furnish the
			 board with information relevant to the proposed waiver
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				board may request additional information from the petitioner relative to the
				petition and surrounding circumstances. If the petition was not filed in a
				contested case, the board may, on its own motion or at the petitioner's
				request, schedule a telephonic or in-person meeting between the petitioner and
				the board.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall acknowledge a petition upon receipt. The board
				shall ensure that, within 30 days of the receipt of the petition, notice of the
				pendency of the petition and a concise summary of its contents have been
				provided to all persons to whom notice is required by any provision of law. In
				addition, the board may give notice to other persons. To accomplish this notice
				provision, the board may require the petitioner to serve the notice on all
				persons to whom notice is required by any provision of law and provide a
				written statement to the board attesting that notice has been
				provided.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code section
				17A.10
				to
				17A.18A
				regarding contested case proceedings shall apply to any petition for a waiver
				filed in a contested case. Those provisions shall otherwise apply to board
				proceedings for a waiver only when the board so provides by rule or order or is
				required to do so by statute.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains. The order shall include a statement of the
				relevant facts and reasons upon which the action is based and a description of
				the precise scope and duration of the waiver if one is issued.
(1)
Board discretion.
The
			 final decision on whether the circumstances justify the granting of a waiver
			 shall be made at the sole discretion of the board upon consideration of all
			 relevant factors. The board shall evaluate each petition for a waiver based on
			 the unique, individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
			 convincing evidence that the board should exercise its discretion to grant a
			 waiver from a board rule.
(3)
Narrowly tailored exception. A
waiver, if granted, shall
			 provide the narrowest exception possible to the provisions of the
			 rule.
(4)
Administrative
			 deadlines.
When the rule from which a waiver is sought establishes
			 administrative deadlines, the board shall balance the special individual
			 circumstances of the petitioner with the overall goal of uniform treatment of
			 all similarly situated persons.
(5)
Conditions.
The board may place any condition on a waiver that
			 the board finds desirable to protect the public interest.
(6)
Time period of waiver A
waiver shall not be permanent unless the petitioner can show that a temporary
			 waiver would be impracticable. If a temporary waiver is granted, there is no
			 automatic right to renewal. At the sole discretion of the board, a waiver may
			 be renewed if the board finds that grounds for the waiver continue to
			 exist.
(7)
Time for
			 ruling.
The board shall grant or deny a petition for a waiver as soon
			 as practicable but, in any event, shall do so within 120 days of its receipt,
			 unless the petitioner agrees to a later date. However, if a petition is filed
			 in a contested case, the board shall grant or deny the petition no later than
			 the time at which the final decision in that contested case is
			 issued.
(8)
When deemed
			 denied.
Failure of the board to grant or deny a petition within the
			 required time period shall be deemed a denial of that petition by the board.
			 However, the board shall remain responsible for issuing an order denying a
			 waiver
(9)
Service of
			 order
Within seven days of its issuance, any order issued under these
			 rules shall be transmitted to the petitioner or the person to whom the order
			 pertains and to any other person entitled to such notice by any provision of
			 law.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				indexed, filed and made available for public inspection as provided in Iowa
				Code section
				17A.3.
				Petitions for waiver and orders granting or denying waiver petitions are public
				records under Iowa Code chapter 22. Some petitions or orders may contain
				information the board is authorized or required to keep confidential. The board
				may accordingly redact confidential information from petitions or orders prior
				to public inspection.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.12 - Reports

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall submit a report identifying the rules for which
				a waiver has been granted or denied, the number of times a waiver was granted
				or denied for each rule and a citation to the statutory provisions implemented
				by the rules. The report shall include a general summary of the reasons
				justifying the board's actions on waiver requests and, if practicable, shall
				detail the extent to which the granting of a waiver has affected the general
				applicability of the rule itself. This report shall be submitted electronically
				to the administrative rules coordinator and the administrative rules review
				committee within 60 days of a waiver being granted or denied.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 15 - Waivers or Variances From Administrative Rules › Rule 351-15.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be
				withdrawn, canceled or modified if, after appropriate notice and hearing, the
				board issues an order finding any of the following:
1. That the petitioner or the person who was
			 the subject of the waiver order withheld or misrepresented material facts
			 relevant to the propriety or desirability of the waiver; or
2. That the alternative means of ensuring
			 adequate protection of the public interest after issuance of the waiver order
			 have been demonstrated to be insufficient; or
3. That the subject of the waiver order has
			 failed to comply with all conditions contained in the order