ARC 6347C

ARC 6347C

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Rule making related to five-year review of rules

The Human Services Department hereby amends Chapter 4, "Petitions for Rule Making," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code sections 17A.3, 17A.4, 17A.5, 17A.6 and 17A.7.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 17A.3.

Purpose and Summary

This rule making is part of the Department's five-year rules review process. This rule making makes changes to contact information and nonsubstantive changes to verbiage for consistency throughout the agency's rules.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 23, 2022, as ARC 6252C. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Council on Human Services on May 12, 2022.

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).

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).

Effective Date

This rule making will become effective on August 1, 2022.

The following rule-making actions are adopted:

Item 1. Amend rule 441—4.1(17A) as follows:

441—4.1(17A) Petition for rule making. Any person or state agency may file a petition for rule making with the department at the Office Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut, Des Moines, Iowa 50319-0114 , or at appeals@dhs.state.ia.us. A petition is deemed filed when it is received by that office. The date of receipt of a petition is the day it reaches the department's rules administrator. The department must shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the department an extra copy for this purpose. The petition must shall be typewritten or legibly handwritten in ink and must shall substantially conform to the following form:

BEFORE THE DEPARTMENT OF HUMAN SERVICES

The petition must shall 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 4.4(1).

4.1(1) The petition must shall be dated and signed by the petitioner or the petitioner's representative. It must shall 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.

4.1(2) The department may deny a petition because it does not substantially conform to the required form.

Item 2. Amend rule 441—4.3(17A) as follows:

441—4.3(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to Rules Administrator, Office Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut, Des Moines, Iowa 50319-0114 or at appeals@dhs.state.ia.us.

[Filed 5/13/22, effective 8/1/22]

[Published 6/15/22]

Editor's Note: For replacement pages for IAC, see IAC Supplement 6/15/22.