ARC 6000C

ARC 6000C

PERSONS WITH DISABILITIES DIVISION[431]

Notice of Intended Action

Proposing rule making related to transfer of rules

and providing an opportunity for public comment

The Department of Human Rights (Department) hereby proposes to rescind Chapter 1, "Organization," Chapter 2, "Public Records and Fair Information Practices," Chapter 4, "Petitions for Rule Making," Chapter 5, "Agency Procedure for Rule Making," Chapter 6, "Declaratory Orders," and Chapter 7, "Waiver Rules," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code chapters 17A and 216A.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapters 17A and 216A.

Purpose and Summary

The Department underwent statutory reorganization in 2010 (2010 Iowa Acts, Senate File 2088). The Persons with Disabilities Division[431] is now the Office of Persons with Disabilities under the Community Advocacy and Services Division in the Department. The Persons with Disabilities Division[431] no longer has rule-making authority; rule-making authority is vested in the Department. The Department is proposing to rescind rules under the previous divisions and will be consolidating and adopting new comprehensive rules under the Department of Human Rights[421] (ARC 6004C, IAB 10/20/21). The text of the chapters to be rescinded can be located here: www.legis.iowa.gov/law/administrativeRules/chapters?agency=431&pubDate=09-22-2021.

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.

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 November 9, 2021. 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 actions are proposed:

Item 1. Rescind 431—Chapter 1.

Item 2. Rescind 431—Chapter 2.

Item 3. Rescind 431—Chapter 4.

Item 4. Rescind 431—Chapter 5.

Item 5. Rescind 431—Chapter 6.

Item 6. Rescind 431—Chapter 7.