Notice of Intended Action
Recovery of damages to highways or highway structures, ch 40
ARC 8592C
TRANSPORTATION DEPARTMENT[761]
Notice of Intended Action
Proposing rulemaking related to recovery of damages to highways or highway structures
and providing an opportunity for public comment
The Transportation Department hereby proposes to rescind Chapter 40, “Recovery of Damages to Highways or Highway Structures,” 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 321.475.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code section 321.475.
Purpose and Summary
This rulemaking proposes to repromulgate Chapter 40 in compliance with Executive Order 10. Proposed Chapter 40 explains the process the Department uses to recover damages to highway or highway structures because of illegal and/or overweight operations.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 2, 2024. A public hearing was held on the following date(s):
●October 28, 2024
The Department received no comments.
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 761—Chapter 11.
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 January 15, 2025. Comments should be directed to:
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Tracy George |
Public Hearing
Public hearings at which persons may present their views orally will be held as follows:
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January 14, 2025 |
Microsoft Teams link |
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January 15, 2025 |
Microsoft Teams link |
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 impairments, should contact Tracy George 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 761—Chapter 40 and adopt the following new chapter in lieu thereof:
CHAPTER 40
RECOVERY OF DAMAGES TO HIGHWAYS OR HIGHWAY STRUCTURES
761—40.1(321) General.
40.1(1) This chapter is limited to recovery of damages to highways or highway structures in accordance with Iowa Code section 321.475, Iowa Code chapter 321E and 761—Chapter 511.
40.1(2) Information about this chapter may be obtained from the Finance Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010, or the department’s website at www.iowadot.gov/claimsmanagement.
761—40.2(321) Definitions.
“Highway” means any segment of the primary road system or a municipal extension and includes but is not limited to the pavement surface, shoulder, median, earth fill, ditches and vegetation.
“Highway structure” means all the appurtenances of a highway, including but not limited to guardrails, culverts, bridges, signs, light poles, attenuators, traffic control devices, or buildings at rest areas, information sites, commercial vehicle inspection and enforcement sites, or other appurtenances adjacent to the highway.
761—40.3(321) Recovery of damages. The department:
40.3(1) Will investigate to determine the person(s) responsible for the damages.
40.3(2) Will summarize the repair or replacement costs and submit the claim to the person(s) responsible for the damage.
40.3(3) May seek recovery through civil court action.
40.3(4) Will deposit the collections for recovery of damages in the primary road fund.
These rules are intended to implement Iowa Code section 321.475.
Transportation Department
- 800 Lincoln Way
- Ames, IA 50010
- (515) 239-1358
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Open For Comments
This notice is open for comments for 13 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 1/15/2025
NOTE: You can also click the text in the document to make comments about specific sections.
Public Hearing
Official Document
- Recovery of damages to highways or highway structures, ch 40
- Published on 12/25/2024
- 20 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 12/25/2024.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 761-40.1 Rule 761-40.2 Rule 761-40.3Iowa Code References
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Iowa Code 321.475 Iowa Code 321EKeywords
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