Organization and operation; public records and fair information practices; statewide programs and agreements; library services and technology Act (LSTA) program; Internet use policy; waivers from administrative rules; petitions for rule making, rescind chs 1 to 3, 6, 7, 10 to 12
ARC 8679C
LIBRARIES AND INFORMATION SERVICES DIVISION[286]
Notice of Intended Action
Proposing rulemaking related to rescission of chapters
and providing an opportunity for public comment
The Administrative Services Department hereby proposes to rescind Chapter 1, “Organization and Operation,” Chapter 2, “Public Records and Fair Information Practices,” Chapter 3, “Statewide Programs and Agreements,” Chapter 6, “Library Services and Technology Act (LSTA) Program,” Chapter 7, “Internet Use Policy,” Chapter 10, “Waivers from Administrative Rules,” Chapter 11, “Declaratory Orders,” and Chapter 12, “Petitions for Rule Making,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code section 8A.104(5) and 2024 Iowa Acts, Senate File 2385.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code sections 8A.104 and 8A.201 through 8A.234.
Purpose and Summary
This proposed rulemaking is intended to rescind redundant and outdated Uniform Rules on Agency Procedure from the State Library of Iowa’s rules (agency number [286]). In addition, the rulemaking rescinds State Library chapters regarding statewide programs, the Library Services and Technology Act Program, and the library’s Internet Use Policy. Iowa Code section 8A.202 lists the Department’s duties and responsibilities pertaining to library services. These duties were moved to the Department through state government alignment in 2023. The State Library of Iowa’s Uniform Rules on Agency Procedure are now redundant because the Department has the same set of rules. The other chapters under agency number [286] are also being rescinded as part of Executive Order 10 because of redundant and outdated language.
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 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
The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.
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 14, 2025. Comments should be directed to:
Tami Wiencek |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
January 14, 2025 |
Ola Babcock Miller Building |
January 14, 2025 |
Ola Babcock Miller Building |
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 and reserve 286—Chapter 1.
ITEM 2.Rescind and reserve 286—Chapter 2.
ITEM 3.Rescind and reserve 286—Chapter 3.
ITEM 4.Rescind and reserve 286—Chapter 6.
ITEM 5.Rescind and reserve 286—Chapter 7.
ITEM 6.Rescind and reserve 286—Chapter 10.
ITEM 7.Rescind and reserve 286—Chapter 11.
ITEM 8.Rescind and reserve 286—Chapter 12.
This notice is now closed for comments. Collection of comments closed on 1/14/2025.
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.
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