ARC 0429D

ARC 0429D

NATURAL RESOURCES DEPARTMENT[561]

Notice of Intended Action

Proposing rulemaking related to public records and fair information practices
and providing an opportunity for public comment

    The Natural Resources Department (Department) hereby proposes to rescind Chapter 2, “Public Records and Fair Information Practices,” and to adopt a new Chapter 2505, “Fair Information Practices,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 17A.24 and 22.11 and 2026 Iowa Acts, Senate File 2463.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 17A.24 and 22.11.

Purpose and Summary

    This rulemaking modifies the Uniform Rules on Agency Procedure related to fair information practices (7—Chapter 2505) to ensure that business confidential records are properly processed and stored by the Department. This rulemaking is also proposed in accordance with 2026 Iowa Acts, Senate File 2463, in which the portions of Chapter 2 relating to personally identifiable information were not rescinded. In an effort to consolidate all Department rules regarding fair information practices, the content related to personally identifiable information is being moved to Chapter 2505. This will allow for existing Chapter 2 to be rescinded.

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.

Public Comment

    Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on August 12, 2026. Comments should be directed to:

    Free language assistance: If you speak a non-English language, the Department offers language assistance services free of charge. Contact the Department at [email protected].

    Servicios gratuitos de asistencia lingüística: Si habla un idioma que no sea el inglés, los servicios de asistencia lingüística están disponibles de forma gratuita. Comuníquese con el Departamento al [email protected].

Public Hearing

    A public hearing at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at the 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 the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

    Free language assistance: If you need assistance in a language other than English, contact the Department at [email protected] or [email protected] or by telephone at 515.326.0430 at least seven days before the event.

    Asistencia lingüística gratuita: Si necesita ayuda en un idioma que no sea inglés, comuníquese con el Departamento al [email protected] o [email protected] o por teléfono a 515.326.0430 al menos siete días antes del evento.

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).

Emergency Rulemaking Adopted by Reference

    This proposed rulemaking is also published herein as an Adopted and Filed Emergency rulemaking (see ARC 0433D, IAB 7/8/26). The purpose of this Notice of Intended Action is to solicit public comment on that emergency rulemaking, whose subject matter is hereby adopted by reference.