ARC 7062C

ARC 7062C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rulemaking related to agency reorganization

and providing an opportunity for public comment

The Health and Human Services Department hereby proposes to amend Chapter 1, "Departmental Organization and Procedures," and Chapter 9, "Public Records and Fair Information Practices," Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 217.6 and 2023 Iowa Acts, Senate File 514.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.

Purpose and Summary

The purpose of this proposed rulemaking is to update language in legacy agency chapters to reflect the agency changes made in 2023 Iowa Acts, Senate File 514, as part of the state government reorganization. This rulemaking updates language in subrule 9.12(1) to reflect changes in the legislation and rescinds rule 441—1.8(17A,217), which is duplicative of uniform rules of agency procedure previously adopted by the legacy agencies. The Iowa Department of Health and Human Services' uniform rules on agency procedure will be contained under agency ID number [441]. Notice ARCs 7063C and 7064C, IAB 8/23/23, also propose to rescind and reserve chapters to reduce confusion among the public and regulated community regarding uniform rules for the Iowa Department of Health and Human Services.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on September 12, 2023. 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 rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

Item 1. Rescind and reserve rule 441—1.8(17A,217).

Item 2. Amend subrule 9.12(1), introductory paragraph, as follows:

9.12(1) Nature and extent. The personally identifiable information collected by the department in its administration of human services programs varies by the type of record. The nature and extent of personally identifiable information is described below: