ARC 4496C

ARC 4496C

INSURANCE DIVISION[191]

Notice of Intended Action

Proposing rule making related to residential and motor vehicle services contracts and providing an opportunity for public comment

The Insurance Division (Division) hereby proposes to amend Chapter 103, "Residential Service Contracts," and to rescind Chapter 104, "Motor Vehicle Service Contracts," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 516E.7 and 523C.10 and 2019 Iowa Acts, Senate File 619, section 18.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapters 516E and 523C and 2019 Iowa Acts, Senate File 619.

Purpose and Summary

These proposed amendments augment 2019 Iowa Acts, Senate File 619, which, in part, updates provisions regarding the licensing of residential service companies and motor vehicle service companies that enter into residential service contracts and motor vehicle service contracts with consumers. This rule making is intended to provide guidance to residential service companies and motor vehicle service companies regarding how their current license or registration status will be administered by the Division now that the new law has become effective.

The new law took effect upon enactment, according to 2019 Iowa Acts, Senate File 619, section 19. The Governor signed the law, thereby making it effective, on May 16, 2019.

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

These rules do not include a provision for the waiver of a rule because the Division's general waiver rules of 191—Chapter 4 apply.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Division no later than 4:30 p.m. on July 16, 2019. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows:

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 rule making. Any persons who intend to attend the public hearing and have special requirements, such as those relating to hearing or mobility impairments, should contact the Division and advise of specific needs.

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).

Emergency Rule Making Adopted by Reference

This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 4495C, IAB 6/19/19). The purpose of this Notice of Intended Action is to solicit public comment on that emergency rule making, whose subject matter is hereby adopted by reference.