ARC 0435D

ARC 0435D

INSPECTIONS AND APPEALS DEPARTMENT[481]

Adopted and Filed Emergency

Rulemaking related to modification of the uniform rules on agency procedure

    The Department of Inspections, Appeals, and Licensing hereby adopts new Chapter 2500, “Definitions,” 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, 2026 Iowa Acts, Senate File 2463, and Iowa Code chapter 17A.

Purpose and Summary

    This rulemaking modifies the Uniform Rules on Agency Procedure related to definitions (7—Chapter 2500) to expand the definition of “agency” in order to fully encompass the unique and multiple entities a waiver can be presented to within the Department, including the agency itself along with the boards and commissions. The new Uniform Rules on Agency Procedure were effective as of January 13, 2026, and the Department’s Uniform Rules on Agency Procedure were rescinded by 2026 Iowa Acts, Senate File 2463, on July 1, 2026. Earlier adoption of this rulemaking will allow the Department to ensure a smooth transition between the old and new Uniform Rules on Agency Procedure that became effective on July 1, 2026.

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 on June 19, 2026, because 2026 Iowa Acts, Senate File 2463, section 5, authorizes emergency rulemaking for the purpose stated above.

Adoption of Rulemaking

    This rulemaking was adopted by the Department on June 19, 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 0434D 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 became effective on June 19, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Adopt the following new  481—Chapter 2500:

CHAPTER 2500

DEFINITIONS

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.

481—2500.2(17A) Scope and applicability. 7—Chapter 2500 provides the definitions used by the agency in uniform rule proceedings. The following are additions to and expansions of the definitions found in 7—Chapter 2500 and applicable to 7—Chapters 2501 through 2506:

    “Custodian” means an agency that owns and exercises control over public records. The originating agency, if any, is the custodian of records that are used to perform work or a service for the originating agency.

    “Department” means the department of inspections, appeals, and licensing authorized by Iowa Code chapter 10A or, for purposes of this chapter, a division, board, or commission under the administrative authority of the department pursuant to Iowa Code chapter 10A that has rulemaking and waiver authority to whom this chapter is applicable.

    “Director” means the director of the department, the director’s designee, or a division, board, or commission under the administrative authority of the department pursuant to Iowa Code chapter 10A that has rulemaking and waiver authority or such division’s, board’s, or commission’s designee.

    “Originating agency” means any government agency that has requested the department to perform work or a service on its behalf. An originating agency retains custody of all records provided by the originating agency to the department.

    “Person” means an individual, corporation, limited liability company, government or governmental subdivision or association, or any legal entity.

[Filed Emergency 6/19/26, effective 6/19/26]

[Published 7/22/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 7/22/26.