ARC 2381C

ARC 2381C

TELECOMMUNICATIONS AND TECHNOLOGY

COMMISSION, IOWA[751]

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 8D.3(3)"b," the Iowa Telecommunications and Technology Commission hereby gives Notice of Intended Action to amend Chapter 2, "Public Records and Fair Information Practices," Iowa Administrative Code.

Chapter 2 establishes Commission policies and procedures for the maintenance of records. These amendments add an exception regarding the availability of certain records related to security procedures or emergency preparedness consistent with Iowa Code section 22.7(50).

Any interested person may make written comments or suggestions on the proposed amendments on or before February 23, 2016. Such written comments should be directed to Jontell Harris, Iowa Communications Network, First Floor, Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa 50319. E-mail may be sent to jontell.harris@iowa.gov.

A public hearing will be held on February 23, 2016, beginning at 10 a.m.in the ICN Director's Conference Room, Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any person who plans to attend the public hearing and who may have special requirements, such as those related to hearing or mobility impairments, should contact the Commission and advise of specific needs by calling Jontell Harris at 877-426-4692 toll free, by e-mailing jontell.harris@iowa.gov or, for the hearing impaired, by calling Relay Iowa TTY toll free at 800-735-2942.

These amendments were approved at the December 16, 2015, meeting of the Iowa Telecommunications and Technology Commission.

This rule is not subject to waiver or variance.

After analysis and review of this rule making, no fiscal impact statement is required pursuant to Iowa Code section 17A.4(4).

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

These amendments are intended to implement Iowa Code sections 8D.3(3)"b" and 22.7(50).

The following amendments are proposed.

Item 1. Reletter paragraph 2.13(2)"l" as 2.13(2)"m."

Item 2. Adopt the following new paragraph 2.13(2)"l":

l. Records concerning security procedures or emergency preparedness developed and maintained by the commission or other federal or state agency for the protection of governmental employees, visitors to the agency, persons in the care, custody, or under the control of the agency, or property under the jurisdiction of the agency, if disclosure could reasonably be expected to jeopardize such employees, visitors, or property. Pursuant to Iowa Code section 22.7(50), specific records or classes of records to which this protection also applies may include specific information related to the physical network, contract- and vendor-related records and information associated with security and emergency preparedness, and similar or related records and information.