Notice of Intended Action

Rules on agency procedure, rescind chs 3 to 6

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ARC 8343C

LOTTERY AUTHORITY, IOWA[531]

Notice of Intended Action

Proposing rulemaking related to procedure for rule making, waiver rules, contested cases, and declaratory orders and providing an opportunity for public comment

The Lottery Authority, Iowa hereby proposes to rescind Chapter 3, “Procedure for Rule Making,” Chapter 4, “Waiver Rules,” Chapter 5, “Contested Cases,” and Chapter 6, “Declaratory Orders,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in 2023 Iowa Acts, Senate File 514.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.

Purpose and Summary

The purpose of this proposed rulemaking is to implement the state government realignment provisions of 2023 Iowa Acts, Senate File 514. This rulemaking eliminates rules on agency procedure that are redundant, unnecessary, and outdated. A separate Notice of Intended Action is being proposed to establish a single set of agency procedure rules for the newly organized Department of Revenue. The Department’s proposed new agency procedure rules will make applicable practices across subject matters as uniform as possible and reduce confusion with current existing rules.

A Regulatory Analysis, including the proposed text, was published on September 18, 2024. A public hearing was held on October 8, 2024. No public comments on the Regulatory Analysis were received at the hearing or in writing. No changes have been proposed after the Regulatory Analysis publication. The Administrative Rules Coordinator provided preclearance for publication of this Notice of Intended Action on October 9, 2024.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 18, 2024. A public hearing was held on the following date(s):

●October 8, 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 Department for a waiver of the discretionary provisions, if any.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on December 3, 2024. Comments should be directed to:

Madelyn Cutler
Department of Revenue
Hoover State Building
1305 East Walnut Street
Des Moines, Iowa 50306
Phone: 515.724.2924
Email: madelyn.cutler@iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

December 4, 2024
9 to 10 a.m.

Room 430
Hoover State Office Building
Virtual: meet.google.com/kwj-qvcn-gia

December 4, 2024
12:30 to 1:30 p.m.

Room 430
Hoover State Office Building
Virtual: meet.google.com/bay-qwzt-ksq

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 the 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 531—Chapter 3.

ITEM 2.Rescind and reserve 531—Chapter 4.

ITEM 3.Rescind and reserve 531—Chapter 5.

ITEM 4.Rescind and reserve 531—Chapter 6.

Lottery Authority, Iowa

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 10/9/2024.

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 11/13/2024.

View Bulletin

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