Notice of Intended Action

Childhood lead poisoning prevention program, ch 72

Untitled document

ARC 8518C

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Proposing rulemaking related to the childhood lead poisoning prevention program
and providing an opportunity for public comment

The Department of Health and Human Services hereby proposes to rescind Chapter 72, “Childhood Lead Poisoning Prevention Program,” 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 135.102.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 135.100through 135.105 and 135.105B.

Purpose and Summary

This chapter was reviewed and is proposed to be rescinded and adopted anew as part of the Red Tape Review process laid out by Executive Order 10. The purpose of this chapter is to implement the grant program pursuant to Iowa Code section 135.103 and to set forth the standards and program requirements of the grant program pursuant to Iowa Code section 135.103.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. A public hearing was held on the following date(s):

●November 6, 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, pursuant to 441—Chapter 6.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking, which must be received no later than 4:30 p.m. on January 17, 2025. Comments should be directed to:

Joe Campos
Department of Health and Human Services
Lucas State Office Building
321 East 12th Street
Des Moines, Iowa 50319
Email: compliancerules@hhs.iowa.gov

Public Hearing

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

January 15, 2025
2:30 to 3:30 p.m.

Via Microsoft Teams
Meeting ID: 225 091 018 909
Passcode: hVKapN

January 17, 2025
1:30 to 2:30 p.m.

Via Microsoft Teams
Meeting ID: 260 724 672 894
Passcode: bWFD4e

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 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 641—Chapter 72 and adopt the following new chapter in lieu thereof:

CHAPTER 72

CHILDHOOD LEAD POISONING
PREVENTION PROGRAM

641—72.1(135) Definitions.

“Approved program” means a program that meets the requirements of Iowa Code section 135.104 and has been approved by the department.

“Local board” means a county, district, or city board of health.

641—72.2(135) Approved programs.

72.2(1) A local board of health representing a geographic area with a population of at least 15,000 is eligible to apply for status as an approved program pursuant to Iowa Code section 135.104, which sets forth the eligibility requirements contained in the application.

72.2(2) A local board wishing to apply for status as an approved program shall make application to the department in the format available from the department. All materials submitted as part of the application for status as an approved program are public records.

These rules are intended to implement Iowa Code sections 135.100 through 135.105.

Public Health Department

Open For Comments

This notice is open for comments for 27 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 1/17/2025

NOTE: You can also click the text in the document to make comments about specific sections.

Public Hearing

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 12/11/2024.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 641-72.1 Rule 641-72.2

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 135.100 through 135.105 Iowa Code 135.104

Keywords

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Approved programs Definitions
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