ARC 7326C

ARC 7326C

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Proposing rulemaking related to plumbing and mechanical systems fair information practices and public records and providing an opportunity for public comment

The Department of Inspections, Appeals, and Licensing (DIAL) hereby proposes to rescind Chapter 59, "Plumbing and Mechanical Systems Board—Fair Information Practices and Public Records," Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections 17A.3 and 22.11.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 17A.3 and 22.11 and Executive Order 10 (January 10, 2023).

Purpose and Summary

This rulemaking proposes to rescind Chapter 59 in accordance with the goals and directives of Executive Order 10. Chapter 59 contains standard provisions that are uniform across many boards and agencies. In light of the Plumbing and Mechanical Systems Board's realignment with DIAL resulting from 2023 Iowa Acts, Senate File 514, it is unnecessary and unreasonably duplicative to repromulgate this chapter. Rather, the Board will be able to rely on DIAL's 481—Chapter 5, "Public Records and Fair Information Practices," which is substantively similar to 641—Chapter 59 and in line with a stated goal of Iowa Code chapter 17A to "simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions."

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa in an amount requiring a fiscal impact statement pursuant to Iowa Code section 17A.4(4).

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 481—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 January 31, 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 Department 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 and reserve 641—Chapter 59.