ARC 2011C

ARC 2011C

IOWA PUBLIC INFORMATION BOARD[497]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 23.6, the Iowa Public Information Board hereby gives Notice of Intended Action to amend Chapter 2, "Complaint Investigation and Resolution Procedures," Iowa Administrative Code.

This amendment is necessary to reflect the Board's current procedures for handling a complaint.

Any interested person may make written suggestions or comments on the proposed amendment on or before June 16, 2015, by contacting Charlie Smithson, Executive Director, Iowa Public Information Board, Wallace State Office Building, Third Floor, 502 East Ninth Street, Des Moines, Iowa 50319. Comments may be submitted by e-mail to Charlie.Smithson@iowa.gov.

The proposed amendment does not provide for a waiver as no obligation is being imposed on the public.

After analysis and review of this rule making, no impact on jobs has been found.

This amendment is intended to implement Iowa Code section 23.8.

The following amendment is proposed.

Amend rule 497—2.1(84GA,ch1115) as follows:

497—2.1(84GA,ch1115 23) Complaints.

2.1(1) and 2.1(2) No change.

2.1(3) Delegation. In order to expedite proceedings, the board may delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board. The board's staff may conduct an initial review of the complaint and obtain more information to assist in the decision to accept or dismiss the complaint.

2.1(4) No change.

2.1(5) Board review. The board's review of a formal complaint for legal sufficiency is not a contested case proceeding and shall be made solely on the facts alleged in the complaint and the results of the initial review conducted by the board's staff.

This rule is intended to implement Iowa Code section 23.8.