ARC 7314C

ARC 7314C

AGING, DEPARTMENT ON[17]

Notice of Intended Action

Proposing rulemaking related to realignment

and providing an opportunity for public comment

The Department on Aging hereby proposes to rescind Chapter 11, "Waivers from Administrative Rules," Chapter 13, "Rules and Practices in Contested Cases," Chapter 17, "Petition for Rule Making," and Chapter 18, "Declaratory Orders," Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in 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 implement the state government realignment provisions of 2023 Iowa Acts, Senate File 514. This rulemaking eliminates uniform rules of agency practice and procedure that are redundant or duplicative of existing rules adopted by the Iowa Department of Health and Human Services (Department) to reduce confusion and establish a single set of uniform rules for the newly reorganized Department.

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 February 14, 2024. 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 17—Chapter 11.

Item 2. Rescind and reserve 17—Chapter 13.

Item 3. Rescind and reserve 17—Chapter 17.

Item 4. Rescind and reserve 17—Chapter 18.