ARC 0029D

ARC 0029D

RECORDS COMMISSION[671]

Notice of Intended Action

Proposing rulemaking related to organization; state records manual
and providing an opportunity for public comment

    The Records Commission hereby proposes to rescind Chapter 1, “Organization and Responsibilities,” and to adopt a new Chapter 1, “Organization; State Records Manual,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 8A.104(5) and 8A.608(1)“d.”

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 8A.601 through 8A.615.

Purpose and Summary

    The intended purpose of this proposed rulemaking is to update language for the State Records Commission under the Governor’s Executive Order 10 and to reflect the fact that the Commission is now under the purview of the Department of Administrative Services through the State Government Alignment Act, 2023 Iowa Acts, Senate File 514, which has since been codified in Iowa Code chapter 8A. The topics for this chapter include organization and the State Records Manual. The current Chapters 1 and 2 under agency [671] are combined herein. This proposed rulemaking remains under agency [671] since the State Records Commission has its own rulemaking authority.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 29, 2025. A public hearing was held on the following date(s):

     ?   November 18, 2025

Fiscal Impact

    This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    The Department will not grant waivers under the provision of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.

Public Comment

    Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Commission no later than 4:30 p.m. on February 10, 2026. Comments should be directed to:

Public Hearing

    Public hearings at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

    Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 671—Chapter 1 and adopt the following new chapter in lieu thereof:

CHAPTER 1

ORGANIZATION; STATE RECORDS MANUAL

671—1.1(17A,8A) Purpose.

    1.1(1) State archives and records Act. This chapter provides an overview of the organization, responsibilities, definitions, and records manual details under the purview of the state records commission within the department of administrative services.

    1.1(2) Location. Communication with the state records commission may be established through the State Archives and Records Bureau, Department of Administrative Services, State Historical Building, 600 East Locust Street, Des Moines, Iowa 50319.

    1.1(3) Meetings and membership. Membership of the state records commission is outlined in Iowa Code section 8A.603. The state records commission chairperson shall be elected biennially from the membership. Iowa Code section 8A.606 references meetings for the commission. In accordance with state open meeting laws, agendas for meetings will be posted at the state historical building and on the state public meeting calendar. Two-thirds of the commission membership shall be a quorum for the purpose of conducting business. Actions of the commission shall be by simple majority of members present.

671—1.2(8A) Definitions. In addition to the definitions found in Iowa Code chapter 8A, and in particular, Iowa Code section 8A.602, the following definitions apply:

    “Non-record materials” means documents and informational materials that do not meet the statutory definition of a record in Iowa Code section 8A.602(9) or that are excluded from the definition. Non-record materials include library and museum material made or acquired and preserved solely for reference or exhibition purposes, stocks of publications and unprocessed forms, and extra copies of documents made, acquired, or received only for convenience or reference purposes.

    “Office of record” means the agency in which a record is created, produced, executed, or received in connection with official business of that agency. The office of record is responsible for maintenance and disposition of records in accordance with approved records series retention and disposition schedules.

    “Reference copy” is a copy of a record kept for easy access to the information the record contains. A reference copy of a record may be distributed to make recipients aware of the content of the record but not to direct the recipient to take action on a matter.

    “Retention” or “retention period” is the minimum length of scheduled time a record must be kept (either in the office or in offsite storage) because it is needed for ongoing business, to document an action, or for statutory reasons.

671—1.3(17A,305) Responsibilities.

    1.3(1) State records commission. The responsibilities of the commission are the same as defined in Iowa Code section 8A.608.

    1.3(2) Department of administrative services. The responsibilities of the department are the same as defined in Iowa Code section 8A.609.

    1.3(3) Agency head. In addition to the responsibilities set forth in Iowa Code section 8A.610, an agency head will also:

    a.  Appoint one or more records officers to coordinate the records program or programs within the agency and to serve as liaisons to the state archives and records bureau. An agency head shall document an appointment in writing to the state archives and records bureau.

    b.  Maintain or cause to be maintained complete and accurate records documenting the agency’s implementation of the state of Iowa records program.

    c.  Provide secure, environmentally appropriate storage areas for all records in the physical custody of the agency and provide public access to those records in accordance with the agency’s fair information practices rules.

    d.  Maintain legal custody of all agency records stored in agency offsite storage and provide public access to those records in accordance with the agency’s fair information practices rules.

    e.  Transfer legal custody of records that are transferred to the state archives of Iowa in accordance with Iowa Code section 8A.610.

671—1.4(8A) State records manual.

    1.4(1) Authority of the manual. The state records manual is an interagency manual as defined by Iowa Code section 17A.2(11)“c.”

    1.4(2) Content of the manual. The commission shall, through the state archives and records bureau, create and maintain a state records manual that contains:

    a.  Records series retention and disposition schedules adopted by the commission.

    b.  Detailed procedures for agency interaction with the commission and the state archives and records bureau for such activities as the development and revision of records series and disposition schedules, transfer and storage of records, access and retrieval of records from storage, and destruction of records.

    c.  Guidelines adopted by the commission to assist an agency head in implementing an efficient government records program within the agency.

671—1.5(8A) Applicability of the manual. The provisions of the state records manual are applicable to all executive or legislative branch departments, offices, commissions, boards, or other units of state government unless otherwise exempted by law. However, the state records manual is not applicable to the department of transportation or agencies or institutions under the control of the state board of regents.

671—1.6(8A) Availability of the manual. The commission shall make the manual publicly available on its website at history.iowa.gov/research/state-government-record-management.

These rules are intended to implement Iowa Code sections 8A.601 through 8A.615.