Adopted and Filed
Waivers or variances from administrative rules, rescind ch 18
ARC 8121C
PROFESSIONAL LICENSURE DIVISION[645]
Adopted and Filed
Rulemaking related to waivers or variances from administrative rules
The Department of Inspections, Appeals, and Licensing hereby rescinds Chapter 18, “Waivers or Variances From Administrative Rules,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is adopted under the authority provided in Iowa Code section 17A.9A and Executive Order 10 (January 10, 2023).
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147 and 272C.
Purpose and Summary
This rulemaking eliminates unnecessary and unreasonably duplicative language and rules in the Iowa Administrative Code. The boards’ realignment with the Department as a result of 2023 Iowa Acts, Senate File 514, allows the boards to rely on 481—Chapter 6, which is substantively analogous to 645—Chapter 18. The rulemaking aligns with Executive Order 10’s goal of reducing and simplifying the Iowa Administrative Code and is 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.”
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 24, 2024, as ARC 7307C. A public hearing was held on the following date(s):
February 13, 2024
February 14, 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 following boards on the dates stated:
Board of Hearing Aid Specialists: February 28, 2024.
Board of Sign Language Interpreters and Transliterators: February 29, 2024.
Board of Psychology: March 4, 2024.
Board of Massage Therapy: March 5, 2024.
Board of Mortuary Science: March 7, 2024.
Board of Athletic Training: March 12, 2024.
Board of Behavioral Science: March 14, 2024.
Board of Dietetics: March 22, 2024.
Board of Nursing Home Administrators: April 3, 2024.
Board of Optometry: April 4, 2024.
Board of Chiropractic: April 10, 2024.
Board of Physical and Occupational Therapy: April 11, 2024.
Board of Podiatry: April 12, 2024.
Board of Physician Assistants: April 24, 2024.
Board of Speech Pathology and Audiology: May 3, 2024.
Board of Social Work: May 13, 2024.
Board of Respiratory Care and Polysomnography: May 16, 2024.
Board of Barbering and Cosmetology Arts and Sciences: May 20, 2024.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa. Staff salaries to support the work of the boards are covered by the Licensing and Regulation Fund established in 2023 Iowa Acts, Senate File 557. Licensing fees go to the Fund to cover operations of the regulated professional licensing boards.
Jobs Impact
After analysis and review of this rulemaking, there will be a positive impact on jobs in Iowa since the rulemaking reduces the regulatory burdens on Iowans and allows Iowans to more freely engage in individual and business pursuits.
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.
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 August 14, 2024.
The following rulemaking action is adopted:
ITEM 1.Rescind and reserve 645—Chapter 18.
[Filed 6/18/24, effective 8/14/24]
[Published 7/10/24]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 7/10/24.
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Official Document
- Waivers or variances from administrative rules, rescind ch 18
- Published on 7/10/2024
- 20 Views
- Adopted and Filed
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 7/10/2024.
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