Notice of Intended Action
Proof of legal presence, ch 7
ARC 8294C
EDUCATIONAL EXAMINERS BOARD[282]
Notice of Intended Action
Proposing rulemaking related to proof of legal presence
and providing an opportunity for public comment
The Educational Examiners Board hereby proposes to rescind Chapter 7, “Proof of Legal Presence,” 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 section 256.146.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, 8 U.S.C. §1621.
Purpose and Summary
This proposed chapter provides procedures for applicants to provide proof of legal presence. The Board proposes removing duplicative federal statutory language.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on August 21, 2024. A public hearing was held on the following date(s):
●September 11, 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 282—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 Board no later than 4:30 p.m. on December 2, 2024. Comments should be directed to:
|
Beth Myers, Attorney |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
|
November 20, 2024 |
Board Room, Suite A |
|
December 2, 2024 |
Board Room, Suite A |
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 Board 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 282—Chapter 7 and adopt the following new chapter in lieu thereof:
CHAPTER 7
PROOF OF LEGAL PRESENCE
282—7.1(256) Purpose. This chapter outlines a uniform process for applicants and licensees of the board of educational examiners to establish proof of legal presence pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. §1621).
282—7.2(256) Applicability.
7.2(1) Applicants and licensees who are U.S. citizens or permanent resident aliens may be requested to produce evidence of their lawful presence in the United States as a condition of initial licensure or license renewal.
7.2(2) Applicants and licensees residing in the United States, other than those described in subrule 7.2(1), may be requested to provide evidence of lawful presence in the United States at the time of initial licensure and with every subsequent renewal.
7.2(3) Evidence will not be required by foreign national applicants or licensees who are not physically present in the United States.
282—7.3(256) Acceptable evidence. The board will accept as proof of lawful presence in the United States any acceptable document that establishes a U.S. place of birth or indicates U.S. citizenship or naturalization, or any documentation acceptable under the Immigration and Naturalization Act as amended to November 1, 2023, to establish alien status. Legible copies of documents will be accepted. Original documents will not be required unless a question arises concerning the documentation submitted.
These rules are intended to implement the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. §1621).
Educational Examiners Board
- 701 East Court Avenue
- Suite A
- Des Moines, IA 50309
- (515) 242-6506
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Closed For Comments
This notice is now closed for comments. Collection of comments closed on 12/2/2024.
Official Document
- Proof of legal presence, ch 7
- Published on 10/30/2024
- 142 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 10/30/2024.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 282-7.1 Rule 282-7.2 Rule 282-7.2(1) Rule 282-7.3Keywords
The following keywords and tags were added to this document. You may click a keyword to view related notices.
Acceptable evidence Applicability PurposeAbout
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