ARC 2364C

ARC 2364C

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 1, "Organization and General Administration," Iowa Administrative Code.

This amendment reflects the procedure currently utilized by the Board and staff when a conflict of interest is discovered.

Any interested person may make written suggestions or comments on the proposed amendment on or before February 9, 2016, 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 sections 23.6 and 68B.2A.

The following amendment is proposed.

Amend subrule 1.4(2) as follows:

1.4(2) Procedures. As soon as a member of the board or an employee of the board becomes aware of a conflict of interest, the member or employee of the board shall follow these procedures:

a. If the conflict is known before a meeting, the member or employee of the board shall fully disclose the interest to the chairperson of the board in writing at least 24 hours before the at the board's next meeting.

b. If the conflict is discovered during a meeting, the member or employee of the board shall orally inform the board, and of the nature of the conflict shall be reported in writing to the chairperson of the board within 24 hours after the meeting as soon as the conflict is discovered.

c. The board member or employee of the board who has the conflict shall not participate in discussion or vote on any advisory opinion, declaratory order, or complaint. An announced conflict shall be reported in the board's minutes, and the minutes shall reflect the matters on which the board member or employee of the board abstained from participating.