ARC 0106D

ARC 0106D

HIGHER EDUCATION LOAN AUTHORITY[284]

Adopted and Filed

Rulemaking related to declaratory orders

    The Higher Education Loan Authority hereby rescinds Chapter 3, “Declaratory Rulings,” and adopts a new Chapter 3, “Declaratory Orders,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code section 261A.7.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 261A.7.

Purpose and Summary

    The Authority serves Iowa’s independent colleges and universities by providing affordable financing of facilities and working capital through the issuance of tax-exempt debt on the colleges’ and universities’ behalf. This rulemaking repromulgates Chapter 3, which contains rules related to declaratory orders.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 24, 2025, as ARC 9868C. Public hearings were held on the following date:

     ?   January 13, 2026

    No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the Authority on February 2, 2026.

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

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any.

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).

Effective Date

    This rulemaking will become effective on April 8, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind 284—Chapter 3 and adopt the following new chapter in lieu thereof:

CHAPTER 3

DECLARATORY ORDERS

The higher education loan authority hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to declaratory orders, which are published at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the general assembly’s website.

284—3.1(261A) Petition for declaratory orders. In lieu of the words “(AGENCY NAME)”, the heading on the petition form should read:

IOWA HIGHER EDUCATION LOAN AUTHORITY

284—3.5(261A) Inquiries. Inquiries concerning the status of a petition for a declaratory order may be made to the Executive Director, 1105 High Road, Box 214, Norwalk, Iowa 50211.

These rules are intended to implement Iowa Code section 17A.24 and chapter 261A.

[Filed 2/3/26, effective 4/8/26]

[Published 3/4/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/4/26.