Petitions for rule making; removal of Iowa broadband deployment program and governance board, amend ch 197; rescind chs 411, 412
ECONOMIC DEVELOPMENT AUTHORITY
Adopted and Filed
Rule making related to petitions for rule making and Iowa broadband deployment program
The Economic Development Authority hereby amends Chapter 197, "Petition for Rule Making," and rescinds Chapter 411, "Iowa Broadband Deployment Program," and Chapter 412, "Fair Information Practices, Waiver and Variance, and Petition for Rule Making," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code sections 15.106A and 17A.7.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 17A.7 and 2020 Iowa Acts, House File 2389.
Purpose and Summary
The changes to Chapter 197, regarding petitions for rule making, amend the chapter to remove outdated references and to conform to Iowa Code section 17A.7 as amended by 2020 Iowa Acts, House File 2389.
The Authority is also rescinding Chapter 411, regarding the Iowa Broadband Deployment Program, and Chapter 412, regarding Iowa Broadband Deployment Governance Board practices. The referenced board was eliminated in 2013, and current broadband programs are administered by the Office of the Chief Information Officer. Additionally, Chapter 412 contains an inconsistency with Iowa Code section 17A.9A as amended by 2020 Iowa Acts, House File 2389, regarding rule waivers.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 24, 2021, as ARC 5536C. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Authority on May 21, 2021.
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 Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.
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 21, 2021.
The following rule-making actions are adopted:
Item 1. Amend rule 261—197.1(17A) as follows:
261—197.1(17A) Petition for rule making. Any person or state agency may file a petition for rule making with the department authority at the Director's Office, Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309-1819 Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, Attn: Legal Counsel. Petitions for rule making may be delivered, mailed, or sent by email or other electronic means reasonably calculated to reach the intended recipient. A petition is deemed filed when it is received by that office the authority. The department authority must provide the petitioner with a file-stamped copy of the petition if the petitioner provides the department authority an extra copy for this purpose. The petition must be typewritten, or legibly handwritten in ink, and must substantially conform to the following form:
BEFORE THE DEPARTMENT OF IOWA ECONOMIC DEVELOPMENT AUTHORITY
Petition by (Name of Petitioner) for
the (adoption, amendment, or repeal)
of rules relating to (state subject matter).
The petition must provide the following information:
1.A statement of the specific rule-making action sought by the petitioner including the text or a summary of the contents of the proposed rule or amendment to a rule and, if it is a petition to amend or repeal a rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.
2.A citation to any law deemed relevant to the department's authority to take the action urged or to the desirability of that action.
3.A brief summary of petitioner's arguments in support of the action urged in the petition.
4.A brief summary of any data supporting the action urged in the petition.
5.The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the proposed action which is the subject of the petition.
6.Any request by petitioner for a meeting provided for by subrule 197.4(1).
197.1(1) The petition must be dated and signed by the petitioner or the petitioner's representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner's representative, and a statement indicating the person to whom communications concerning the petition should be directed.
197.1(2) The department authority may deny a petition because it does not substantially conform to the required form.
Item 2. Amend rule 261—197.2(17A) as follows:
261—197.2(17A) Briefs. The petitioner may attach a brief to the petition in support of the action urged in the petition. The department authority may request a brief from the petitioner or from any other person concerning the substance of the petition.
Item 3. Amend rule 261—197.3(17A) as follows:
261—197.3(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to the Director's Office, Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309-1819, Attn: Legal Counsel address indicated in rule 261—197.1(17A).
Item 4. Amend rule 261—197.4(17A) as follows:
261—197.4(17A) Department Authority consideration.
197.4(1) Forwarding of petition and meeting Meeting. Within five working days after the filing of a petition, the department shall submit a copy of the petition and any accompanying brief to the administrative rules coordinator and to the administrative rules review committee. Upon request by the petitioner in the petition, the department authority shall schedule a brief and informal meeting between the petitioner and a member of the authority staff of the department to discuss the petition. The department authority may request the petitioner to submit additional information or argument concerning the petition. The department authority may also solicit comments from any person on the substance of the petition. Also, comments on the substance of the petition may be submitted to the department authority by any person.
197.4(2) Action on petition. Within 60 days after the filing of the petition, or within any longer period agreed to by the petitioner, the department authority shall, in writing, deny the petition, and notify petitioner of its action and the specific grounds for the denial, or grant the petition and notify petitioner that it has instituted rule-making proceedings on the subject of the petition. Petitioner shall be deemed notified of the denial or grant of the petition on the date when the department authority mails or delivers the required notification to petitioner. The authority shall submit the petition and the disposition of the petition to the administrative rules review committee.
197.4(3) Denial of petition for nonconformance with form. Denial of a petition because it does not substantially conform to the required form does not preclude the filing of a new petition on the same subject that seeks to eliminate the grounds for the department's rejection of the petition.
Item 5. Amend 261—Chapter 197, implementation sentence, as follows:
These rules are intended to implement Iowa Code section 17A.7 as amended by 1998 Iowa Acts, chapter 1202, section 11.
Item 6. Rescind and reserve 261—Chapter 411.
Item 7. Rescind and reserve 261—Chapter 412.
[Filed 5/24/21, effective 7/21/21]
Editor's Note: For replacement pages for IAC, see IAC Supplement 6/16/21.