ARC 6794C

ARC 6794C

ECONOMIC DEVELOPMENT AUTHORITY[261]

Adopted and Filed

Rule making related to STEM BEST and targeted small business certification programs

The Economic Development Authority hereby amends Chapter 15, "STEM BEST Appropriation," and Chapter 52, "Iowa Targeted Small Business Certification Program," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 15.106A and 2022 Iowa Acts, House Files 2564 and 803.

State or Federal Law Implemented

This rule making implements, in whole or in part, 2022 Iowa Acts, House Files 2564 and 803.

Purpose and Summary

The following corrective and clarifying amendments are being made to rules relating to appropriations to the Authority and programs administered by the Authority:

• Clarify references in Chapter 15 to appropriations for the STEM BEST Program in 2021 Iowa Acts, House File 871, and 2022 Iowa Acts, House File 2564.

• Add a reference to physician assistants to subrule 52.2(7) regarding targeted small business certification as required by 2022 Iowa Acts, House File 803.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 19, 2022, as ARC 6594C. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Authority Board on December 16, 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 Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.

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 February 15, 2023.

The following rule-making actions are adopted:

Item 1. Amend rule 261—15.1(89GA,HF871) as follows:

261—15.1(89GA,HF871,HF2564) Purpose. The authority is directed to adopt rules to establish criteria for the distribution of funds appropriated in 2021 Iowa Acts, House File 871, section 3, subsection 11, to the authority for the STEM BEST program.

Item 2. Amend rule 261—15.2(89GA,HF871), parenthetical implementation statute, as follows:

261—15.2(89GA,HF871,HF2564) Definitions.

Item 3. Amend rule 261—15.3(89GA,HF871), parenthetical implementation statute, as follows:

261—15.3(89GA,HF871,HF2564) Eligible uses of funds.

Item 4. Amend 261—Chapter 15, implementation sentence, as follows:

These rules are intended to implement 2021 Iowa Acts, House File 871, section 3(11), and 2022 Iowa Acts, House File 2564, section 3(12).

Item 5. Amend paragraph 52.2(7)"a" as follows:

a. Person with a disability. In order to be considered a person with a disability for the purpose of the TSB program, the person must qualify and receive certification as having a disability from a licensed medical physician or physician assistant or must have been found eligible for vocational rehabilitation services by the department of education, division of vocational rehabilitation services, or by the department for the blind.

[Filed 12/19/22, effective 2/15/23]

[Published 1/11/23]

Editor's Note: For replacement pages for IAC, see IAC Supplement 1/11/23.