ARC 8806C - Iowa Administrative Rules

Adopted and Filed

Proof of legal presence, ch 7

Untitled document

ARC 8806C

EDUCATIONAL EXAMINERS BOARD[282]

Adopted and Filed

Rulemaking related to proof of legal presence

The Educational Examiners Board hereby rescinds Chapter 7, “Proof of Legal Presence,” Iowa Administrative Code, and adopts a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 256.146.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 8 U.S.C. §1621.

Purpose and Summary

This chapter provides procedures for applicants to provide proof of legal presence. The Board is removing duplicative federal statutory language.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024, as ARC 8294C. A public hearing was held on the following date(s):

●November 20, 2024

●December 2, 2024

No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Board on December 13, 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 Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.

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).

Effective Date

This rulemaking will become effective on February 26, 2025.

The following rulemaking action is adopted:

ITEM 1.Rescind 282—Chapter 7 and adopt the following new chapter in lieu thereof:

CHAPTER 7

PROOF OF LEGAL PRESENCE

282—7.1(256) Purpose. This chapter outlines a uniform process for applicants and licensees of the board of educational examiners to establish proof of legal presence pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. §1621).

282—7.2(256) Applicability.

7.2(1) Applicants and licensees who are U.S. citizens or permanent resident aliens may be requested to produce evidence of their lawful presence in the United States as a condition of initial licensure or license renewal.

7.2(2) Applicants and licensees residing in the United States, other than those described in subrule 7.2(1), may be requested to provide evidence of lawful presence in the United States at the time of initial licensure and with every subsequent renewal.

7.2(3) Evidence will not be required by foreign national applicants or licensees who are not physically present in the United States.

282—7.3(256) Acceptable evidence. The board will accept as proof of lawful presence in the United States any acceptable document that establishes a U.S. place of birth or indicates U.S. citizenship or naturalization, or any documentation acceptable under the Immigration and Naturalization Act as amended to November 1, 2023, to establish alien status. Legible copies of documents will be accepted. Original documents will not be required unless a question arises concerning the documentation submitted.

These rules are intended to implement the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. §1621).

[Filed 12/24/24, effective 2/26/25]

[Published 1/22/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/22/25.