ARC 7134C

ARC 7134C

CITY DEVELOPMENT BOARD[263]

Notice of Intended Action

Proposing rulemaking related to declaratory orders

and providing an opportunity for public comment

The City Development Board hereby proposes to rescind Chapter 4, "Declaratory Orders," Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 368.10.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 17A.9.

Purpose and Summary

Pursuant to Executive Order 10, the Board proposes to rescind Chapter 4 and adopt a new chapter in lieu thereof. The new chapter will clarify how to access the Uniform Rules on Agency Procedure and will omit unnecessary words.

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 Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m.on January 9, 2024. Comments should be directed to:

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

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 263—Chapter 4 and adopt the following new chapter in lieu thereof:

CHAPTER 4

DECLARATORY ORDERS

The city development board hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to declaratory orders, which are published at www.legis.iowa.gov/docs/publications/ACOD/767408.pdf.

263—4.1(17A) Petition for declaratory order. In lieu of "(designate agency)", insert "city development board". In lieu of "(designate office)", insert "City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315".

In lieu of "(AGENCY NAME)" as the caption on the petition form, insert "BEFORE THE CITY DEVELOPMENT BOARD".

263—4.2(17A) Notice of petition. In lieu of "___ days (15 or less)", insert "15 days".

263—4.3(17A) Intervention.

4.3(1) In lieu of "___ days", insert "15 days".

263—4.5(17A) Inquiries. In lieu of "(designate official by full title and address)", insert "City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315".

These rules are intended to implement Iowa Code section 17A.9.