ARC 3963C

ARC 3963C

DENTAL BOARD[650]

Adopted and Filed

Rule making related to overpayment

The Dental Board hereby amends Chapter 1, "Administration," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 147.76.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 147.80.

Purpose and Summary

The amendment updates the definition of "overpayment" to more closely match the definition of "fee" in rule 650—15.2(147,153).

The current definition of "overpayment" indicates that overpayments of less than $10 shall not be refunded. A recently adopted amendment to 650—Chapter 15 indicates that requests received with an overpayment shall be returned prior to processing. The definition of "fee" was updated following comments received from the Administrative Rules Review Committee. The amendment eliminates confusion about the process for handling overpayments.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 28, 2018, as ARC 3703C. A public hearing was held on April 24, 2018, at 2 p.m.in the Board Office, Suite D, 400 S.W. Eighth Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Board on June 8, 2018.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

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

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 650—Chapter 7.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making 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 rule making will become effective on September 19, 2018.

The following rule-making action is adopted:

Amend rule 650—1.1(153), definition of "Overpayment," as follows:

"Overpayment" means payment in excess of the required fee. Overpayment of less than $10 received by the board shall not be refunded shall result in the return of the original request and payment, prior to processing, with a clarification of the total amount due.

[Filed 7/17/18, effective 9/19/18]

[Published 8/15/18]

Editor's Note: For replacement pages for IAC, see IAC Supplement 8/15/18.