ARC 6251C

ARC 6251C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rule making related to payment of employees' small claims

and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 8, "Payment of Small Claims," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 217.6 and 217.23.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 217.6 and 217.23.

Purpose and Summary

When a Department employee's personal items are damaged or destroyed during the employee's tour of duty, the Department may reimburse the employee for repair or replacement of the items. Claims that are approved are to be paid from the Department's support allocation and cannot exceed $300 per item.

The Department has been authorizing $300 payments in compliance with Iowa Code section 217.23 since the Iowa Code change went into effect. This proposed amendment brings the rules into compliance with Iowa Code section 217.23 by changing "$150" to "$300" and is part of the five-year rules review process.

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 April 12, 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:

Amend subrule 8.1(4) as follows:

8.1(4) Claims which are approved for payment shall be paid from the support allocation of the department and shall not exceed $150 $300 per item.