Rent reimbursement program—transition period, 73.35
ARC 6537C
REVENUE DEPARTMENT[701]
Notice of Intended Action
Proposing rule making related to the rent reimbursement program
and providing an opportunity for public comment
The Revenue Department hereby proposes to amend Chapter 73, "Property Tax Credit and Rent Reimbursement," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is proposed under the authority provided in Iowa Code sections 421.14 and 425.37.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code chapter 425, subchapter II, as amended by 2021 Iowa Acts, House File 368.
Purpose and Summary
House File 368, enacted during the 2021 Legislative Session, transferred the administration of the rent reimbursement program under Iowa Code chapter 425, subchapter II, from the Iowa Department of Revenue (IDR) to the Iowa Department of Human Services (DHS). This transition is scheduled to occur on January 1, 2023. This proposed rule making addresses three transition issues that IDR and DHS have identified. First, the rule making clarifies that appeals of denials or reductions of rent reimbursement claims shall be filed with and administered by the agency that made the denial or reduction. Second, the rule making addresses claims received by IDR on or after December 1, 2022, requiring that those claims be forwarded to DHS for processing and allowance or disallowance. Finally, the rule making clarifies that all rent reimbursement claims made on and after January 1, 2023, including late or amended claims, should be filed with DHS for determination of eligibility for the credit.
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 701—7.28(17A).
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 October 11, 2022. Comments should be directed to:
Nick Behlke Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.336.9025 Email: nick.behlke@iowa.gov |
Public Hearing
If requested, a public hearing at which persons may present their views orally or in writing will be held as follows:
October 11, 2022 1 to 2 p.m. |
Via video/conference call |
Persons who wish to participate in the video/conference call should contact Nick Behlke before 8 a.m.on October 11, 2022, to facilitate an orderly hearing. A video link or conference call number will be provided to participants prior to the hearing.
Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.
Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of their specific needs.
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:
Adopt the following new rule 701—73.35(425):
701—73.35(425) Transition period. As of January 1, 2023, the rent reimbursement program will be administered by the department of human services. The transition of the program from the department of revenue to the department of human services will be managed as follows:
73.35(1) Appeals.
a. Appeals of denials or reductions of rent reimbursement claims made by the department of revenue shall be filed with the department of revenue in accordance with 701—Chapter 7 and will be administered in accordance with that chapter.
b. Appeals of denials or reductions of rent reimbursement claims made by the department of human services shall be administered in accordance with 441—Chapter 7.
73.35(2) Claims.
a. Any claim, including late or amended claims, received by the department of revenue on or after December 1, 2022, shall be redirected to the department of human services for processing and allowance or disallowance.
b. Effective January 1, 2023, all claims, including late or amended claims, shall be filed with and processed by the department of human services. The department of human services shall be responsible for making determinations on rent reimbursement claims on and after January 1, 2023.
This rule is intended to implement 2021 Iowa Acts, chapter 41 [House File 368].
This notice is now closed for comments. Collection of comments closed on 10/11/2022.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 9/21/2022.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 701-73.35The following keywords and tags were added to this document. You may click a keyword to view related notices.
Appeals Claims Transition period© 2024; State of Iowa | Privacy Policy