Notice of Intended Action
Description of organization; submission of information and complaints—investigations, rescind chs 1, 3
ARC 8642C
NATURAL RESOURCES DEPARTMENT[561]
Notice of Intended Action
Proposing rulemaking related to rescission of chapters
and providing an opportunity for public comment
The Department of Natural Resources (Department) hereby proposes to rescind Chapter 1, “Description of Organization,” and Chapter 3, “Submission of Information and Complaints—Investigations,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code chapter 455A and sections 17A.3(1)“b” (rescinded), 17A.7(1) and 17A.9(2).
State or Federal Law Implemented
This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 2370, and Executive Order 10.
Purpose and Summary
The Iowa Administrative Procedure Act has long required agencies to adopt rules describing its internal organization and mission and how to submit information and complaints. To satisfy these obligations, the Department promulgated Chapters 1 and 3.
However, 2024 Iowa Acts, Senate File 2370, rescinded this underlying law (section 4). Accordingly, the Department is proposing to rescind these chapters consistent with the principles of Executive Order 10 as being either unauthorized or unnecessary. That said, information about the Department’s structure and important contact information that was previously provided in Chapters 1 and 3 is available on the Department’s website and in other Department publications. Additionally, specific information regarding filing complaints related to environmental matters was incorporated into 567—Chapter 10 during the Department’s 2023 Executive Order 10 rulemaking process.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 4, 2024. A public hearing was held on the following date(s):
●September 24, 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 561—Chapter 10
Public Comment
Any interested person may submit comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 29, 2025. Comments should be directed to:
|
Tamara McIntosh |
Free Language Access. If you speak a non-English language, we offer you language assistance services free of charge. Contact the Department at tamara.mcintosh@dnr.iowa.gov.
Servicios gratuitos de asistencia lingüística. Si habla un idioma que no sea el inglés, los servicios de asistencia lingüística están disponibles de forma gratuita. Comuníquese con el Departamento al tamara.mcintosh@dnr.iowa.gov.
Public Hearing
A public hearing at which persons may present their views orally or in writing will be held as follows:
|
January 29, 2025 |
6200 Park Avenue, Suite 200 |
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 hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.
Free Language Assistance: if you need assistance in a language other than English, contact the Department at tamara.mcintosh@dnr.iowa.gov or civilrights@dnr.iowa.gov or by telephone at 515.901.3294 at least seven days before the event.
Servicios gratuitos de asistencia lingüística: si necesita ayuda en un idioma que no sea inglés, comuníquese con el Departamento al tamara.mcintosh@dnr.iowa.gov o civilrights@dnr.iowa.gov o por teléfono a 515.901.3294 al menos siete días antes del evento.
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 561—Chapter 1.
ITEM 2.Rescind and reserve 561—Chapter 3.
Natural Resources Department
- 502 E 9th St
- 4th Flr
- Des Moines, IA 50319
- (515) 901-3294
- Visit Website
- Agency Chapters
- Agency Rules
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Sub Organizations
Closed For Comments
This notice is now closed for comments. Collection of comments closed on 1/29/2025.
Official Document
- Description of organization; submission of information and complaints—investigations, rescind chs 1, 3
- Published on 1/8/2025
- 59 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 1/8/2025.
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