ARC 6151C

ARC 6151C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rule making related to volunteer services

and providing an opportunity for public comment

The Human Services Department hereby proposes to rescind Chapter 12, "Volunteer Services," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 234.6.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 234.6 and 669.24.

Purpose and Summary

Volunteer Services is a program designed for individuals who volunteer at state institutions and in local county offices. This rule chapter has not been updated since 1991. After discussions with the Attorney General's office, it was determined that Iowa Code section 234.6 provides the legal framework for requirements for volunteers used by the Department. Liability protection is granted to volunteers on the same basis as state employees under Iowa Code section 669.24. A separate rule chapter is not necessary and is proposed to be rescinded.

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 rule 441—1.8(17A,217)

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m.on February 15, 2022. 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 and reserve 441—Chapter 12.