ARC 7702C

ARC 7702C

CITY DEVELOPMENT BOARD[263]

Adopted and Filed

Rulemaking related to declaratory orders

The City Development Board hereby rescinds Chapter 4, "Declaratory Orders," Iowa Administrative Code, and adopts a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted 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 rescinds Chapter 4 and adopts a new chapter in lieu thereof. The new chapter clarifies how to access the Uniform Rules on Agency Procedure and omits unnecessary language.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 13, 2023, as ARC 7134C. Public hearings were held on January 2, 2024, and January 9, 2024. No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Board on February 14, 2024.

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.

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).

Effective Date

This rulemaking will become effective on April 10, 2024.

The following rulemaking action is adopted:

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.

[Filed 2/16/24, effective 4/10/24]

[Published 3/6/24]

Editor's Note: For replacement pages for IAC, see IAC Supplement 3/6/24.