ARC 0242D

ARC 0242D

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

Adopted and Filed

Rulemaking related to declaratory orders

    The Iowa Ethics and Campaign Disclosure Board hereby rescinds Chapter 12, “Declaratory Orders,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code chapters 17A and 68B.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 68A and 68B.

Purpose and Summary

    The Iowa Administrative Procedure Act has long required agencies to adopt rules regarding procedures for declaratory orders. To satisfy these obligations, the Board promulgated Chapter 12 consistent with the Uniform Rules on Agency Procedure.

    However, 2024 Iowa Acts, Senate File 2370, sections 4 and 12, repealed related requirements and enacted a new Iowa Code section, respectively. The new section states that the Administrative Rules Coordinator, in partnership with the Iowa Attorney General’s Office, may adopt a new set of uniform model rules that will automatically apply to agencies in the absence of self-promulgated rules (more information can be found in Iowa Code section 17A.24 as enacted by 2024 Iowa Acts, Senate File 2370).

    Accordingly, the Board is rescinding Chapter 12 consistent with the principles of Executive Order 10 as being either unauthorized or unnecessary. The Board will instead operate under the new model rules and other applicable laws.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on March 4, 2026, as ARC 0098D. A public hearing was held on the following date(s):

     ?   March 24, 2026

     ?   March 26, 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 Board on April 8, 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 Board for a waiver of the discretionary provisions, if any, pursuant to Iowa Code section 17A.9A and 7—Chapter 2504.

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 June 3, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind and reserve 351—Chapter 12.

[Filed 4/8/26, effective 6/3/26]

[Published 4/29/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/29/26.