ARC 8345C

ALCOHOLIC BEVERAGES DIVISION[185]

Notice of Intended Action

The Alcoholic Beverages Division hereby proposes to rescind Chapter 1, “Organization and Operation,” Chapter 2, “Agency Procedure for Rule Making,” Chapter 3, “Declaratory Orders,” Chapter 10, “Contested Cases,” Chapter 18, “Public Records and Fair Information Practices,” and Chapter 19, “Waivers from Rules,” 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 This rulemaking eliminates rules on agency procedure that are redundant, unnecessary, and outdated.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.

Regulatory Analysis

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 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:

Public Hearing

Public hearings at which persons may present their views orally or in writing 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: