Advisory council on brain injuries—teleconference option for official meetings, 55.6
PUBLIC HEALTH DEPARTMENT
Adopted and Filed
Rule making related to teleconference options for official meetings
The Public Health Department hereby amends Chapter 55, "Advisory Council on Brain Injuries," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code section 135.22A(7) and 2019 Iowa Acts, House File 766, section 80.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 135.22A(7) and 2019 Iowa Acts, House File 766, section 80.
Purpose and Summary
2019 Iowa Acts, House File 766, section 80, requires the Department of Public Health to provide for a teleconference option for any board, commission, committee or council member to participate in official meetings. The first of these amendments removes paragraph 55.6(1)"b," which requires quarterly meetings of the Advisory Council on Brain Injuries to be held in a specific month. This allows more meeting scheduling flexibility within the quarter to address the scheduling needs of the members. The amendments also remove the requirement for appointed members to participate in meetings in person unless there are extenuating circumstances; affirm that a teleconference option shall be set up for members; and remove subrule 55.6(12) related to electronic meetings that is no longer necessary.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 25, 2020, as ARC 4999C. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the State Board of Health on May 13, 2020.
This rule making has no fiscal impact to the State of Iowa.
After analysis and review of this rule making, no impact on jobs has been found.
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 the Department's waiver and variance provisions contained in 641—Chapter 178.
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).
This rule making will become effective on July 22, 2020.
The following rule-making actions are adopted:
Item 1. Amend subrule 55.6(1) as follows:
55.6(1) The council shall meet at least quarterly.
a. The annual meeting schedule shall be established by the beginning of the fiscal year.
b. Meetings will be held the following months: January, April, July and October.
Item 2. Amend subrule 55.6(10) as follows:
55.6(10) Meeting attendance.
a. Council members are expected to be present in person for attend council meetings with the exception of extenuating circumstances that have been cleared beforehand by the chairperson.
b. Any council member who is unable to attend a meeting will notify council staff at least 24 hours prior to the start of a regularly scheduled meeting. A meeting may be canceled if attendance is expected to be low.
c. If there are extenuating circumstances, a A teleconference may option shall be set up for the member members to participate in the business portion of the meeting.
d. Appointed members may be recommended for dismissal from the council if they miss more than three meetings annually.
Item 3. Rescind subrule 55.6(12).
[Filed 5/14/20, effective 7/22/20]
Editor's Note: For replacement pages for IAC, see IAC Supplement 6/17/20.