ARC 4545C

ARC 4545C

AGING, DEPARTMENT ON[17]

Notice of Intended Action

Proposing rule making related to definitions and providing an opportunity for public comment

The Department on Aging hereby proposes to amend Chapter 1, "Introduction, Abbreviations and Definitions," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 17A.3 and 231.14.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 231.4.

Purpose and Summary

This proposed amendment implements 2018 Iowa Acts, House File 2451, section 3. The amendment also eliminates the duplication in Chapter 1 of definitions that are currently in Iowa Code section 231.4 and continues movement toward a single and comprehensive rule of definitions applicable to all chapters within the Department's rules.

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 Department for a waiver of the discretionary provisions, if any, pursuant to 17—Chapter 11.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m.on August 6, 2019. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

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).

The following rule-making action is proposed:

Rescind the definitions of "Administrative action," "Certified volunteer long-term care ombudsman," "Commission," "Department on aging," "Director," "Legal representative," "Long-term care facility," "Long-term care ombudsman program," "Older individual," "Options counseling" and "Resident" in rule 17—1.5(231).