ARC 8262C

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

The Transportation Department hereby proposes to rescind Chapter 410, “Special Mobile Equipment,” 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 sections 307.12(1)“j” and 321E.15.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 321.1, 321.18, 321.20, 321E.12 and 321E.15.

Purpose and Summary

This rulemaking proposes to repromulgate Chapter 410 in compliance with Executive Order 10. Proposed Chapter 410 provides information on special mobile equipment (SME) for customers in two main areas: (1) titling and registering SME attached to a motor vehicle and (2) requirements when transporting SME on a registered vehicle. These rules provide transparency on some of the common scenarios that arise for customers who own or transport SME.

Regulatory Analysis

Fiscal Impact

This rulemaking has a minimal fiscal impact to the State of Iowa. Although the volume of SME owners seeking title and registration under this optional process is low (approximately 20 vehicles annually), if title and registration are issued, the Department estimates a revenue increase of approximately $10,200 annually ($490 annual reg fee + $20 title fee x 20 vehicles). There is no fiscal impact to the State of Iowa for issuing permits for vehicles required to be moved by permit under Iowa Code chapter 321E that was not already required as a result of underlying statute.

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 761—Chapter 11.

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 November 20, 2024. Comments should be directed to:

Public Hearing

Public hearings at which persons may present their views orally 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.

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: