ARC 0333D

ARC 0333D

PUBLIC SAFETY DEPARTMENT[661]

Adopted and Filed Emergency

Rulemaking related to declaratory orders

    The Public Safety Department hereby adopts new Chapter 2503, “Declaratory Orders,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code chapter 17A.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 17A.

Purpose and Summary

    This rulemaking modifies the Uniform Rules on Agency Procedure related to declaratory orders (7—Chapter 2503) to ensure that criminal defendants cannot use the declaratory order process to collaterally attack criminal investigations, criminal prosecutions, criminal convictions, or the constitutionality of statutes.  

Reason for Adoption of Rulemaking Without
Prior Notice and Opportunity for Public Participation

    Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary or impractical because statute so provides. 2026 Iowa Acts, Senate File 2463, section 5, authorizes emergency rulemaking to provide for additions, exceptions, or amendments to the Uniform Rules on Agency Procedure.

Reason for Waiver of Normal Effective Date

    Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the Department also finds that the normal effective date of this rulemaking, 35 days after publication, should be waived and the rulemaking made effective June 30, 2026, because 2026 Iowa Acts, Senate File 2463, section 5, authorizes emergency rulemaking for the purpose stated above. The new Uniform Rules on Agency Procedure are effective as of January 13, 2026, which means there is an inconsistency between the declaratory order provisions and current mechanisms to prevent the collateral attack on criminal investigations, prosecutions, and convictions. Earlier adoptions of this rulemaking will allow the Department to address attempts at skirting the current criminal procedure mechanism.

Adoption of Rulemaking

    This rulemaking was adopted by the Department on May 13, 2026.

Concurrent Publication of Notice of Intended Action

    In addition to its adoption on an emergency basis, this rulemaking has been initiated through the normal rulemaking process and is published herein under Notice of Intended Action as ARC 0334D to allow for public comment.

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 Department for a waiver of the discretionary provisions, if any, pursuant to 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 30, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Adopt the following new 661—Chapter 2503:

CHAPTER 2503

DECLARATORY ORDERS

The Uniform Rules on Agency Procedure, 7—Chapters 2500 through 2506, are rules generally applicable to agencies pursuant to Iowa Code section 17A.24. Additions, exceptions, or amendments to the corresponding chapter are below.

661—2503.8(17A) Refusal to issue order.

    2503.8(1)

    l.  The petitioner requests the agency to determine whether a statute is unconstitutional on its face.

    m.  The petition relates to any criminal investigation.

[Filed Emergency 5/13/26, effective 6/30/26]

[Published 6/10/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 6/10/26.