ARC 4552C

ARC 4552C

CIVIL RIGHTS COMMISSION[161]

Adopted and Filed Emergency

Rule making related to assistance animal as reasonable accommodation in housing

The Civil Rights Commission hereby amends Chapter 9, "Discrimination in Housing," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in 2019 Iowa Acts, Senate File 341.

State or Federal Law Implemented

This rule making implements, in whole or in part, 2019 Iowa Acts, Senate File 341.

Purpose and Summary

The purpose of the amendment to Chapter 9 is to comply with Iowa Code section 216.8C(3) as enacted by 2019 Iowa Acts, Senate File 341, section 3, which provides requirements pertaining to a request for an assistance animal as a reasonable accommodation for a disability in housing. The legislation requires the Commission to adopt a form for a health care professional, as defined by the statute, to make a written finding regarding whether a patient or client has a disability and whether the need for an assistance animal is related to the disability.

Reason for Adoption of Rule Making Without

Prior Notice and Opportunity for Public Participation

Pursuant to Iowa Code section 17A.4(3), the Commission finds that notice and public participation are unnecessary or impractical because statute so provides. The amendment implements the provisions of 2019 Iowa Acts, Senate File 341, which was signed on May 2, 2019. The amendment is necessary to effect the legislation. The contents of the form are specified in the legislation, and the form conforms to the precise requirements.

Reason for Waiver of Normal Effective Date

Pursuant to Iowa Code section 17A.5(2)"b"(1)(a), the Commission also finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on June 26, 2019, because the statute, 2019 Iowa Acts, Senate File 341, section 8, so provides.

Adoption of Rule Making

This rule making was adopted by the Commission on June 14, 2019.

Concurrent Publication of Notice of Intended Action

In addition to its adoption on an emergency basis, this rule making has been initiated through the normal rule-making process and is published herein under Notice of Intended Action as ARC 4551C to allow for public comment.

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 Commission for a waiver of the discretionary provisions, if any, pursuant to 161—Chapter 15.

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 became effective on June 26, 2019.

The following rule-making action is adopted:

Adopt the following new Appendix A in 161—Chapter 9:

Appendix A

Form 1

Request for Assistance Animal as a Reasonable Accommodation in Housing:

Health Care Professional Form

Requester's Name: __________________________________________________________________

Address: __________________________________________________________________________

Telephone: ________________________________ E-mail: ________________________________

I, ________________________________, intend to request that _______________________________

permit me to keep an assistance animal as a reasonable accommodation in housing for my disability. In connection with that application, I am requesting that you complete this form regarding my disability.

TO BE COMPLETED BY HEALTH CARE PROFESSIONAL

Health Care Provider's Name: ________________________________________

Signature: ________________________________________________________

Title: ____________________________________________________________

Date: _______________________

References: Iowa Code sections 216.8B and 216.8C

Resources: https://icrc.iowa.gov/, 515-281-4121, 1-800-457-4416

[Filed Emergency 6/17/19, effective 6/26/19]

[Published 7/17/19]

Editor's Note: For replacement pages for IAC, see IAC Supplement 7/17/19.