ARC 8924C - Iowa Administrative Rules

Adopted and Filed

Organization; administrative elements, amend ch 1; adopt ch 18

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ARC 8924C

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

Adopted and Filed

Rulemaking related to description of organization and procedure for rulemaking

The Iowa Telecommunications and Technology Commission (ITTC) hereby amends Chapter 1, “Description of Organization”; rescinds Chapter 18, “Procedure for Rule Making”; and adopts new Chapter 18, “Procedure for Rulemaking,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 8D.4.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 8D.3 and 8D.4.

Purpose and Summary

This rulemaking includes revisions to administrative rules based on the requirements of 2024 Iowa Acts, Senate File 2385, which moves rulemaking authority from the ITTC to the Iowa Communications Network (ICN) Executive Director. This rulemaking implements this change and makes corrective amendments regarding the ICN’s organizational structure and description.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 25, 2024, as ARC 8661C. A public hearing was held on the following date(s):

●January 16, 2025

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

Adoption of Rulemaking

This rulemaking was adopted by the ICN Executive Director on January 29, 2025.

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 ICN-ITTC for a waiver of the discretionary provisions, if any, pursuant to 751—Chapter 16.

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 March 26, 2025.

The following rulemaking action is adopted:

ITEM 1.Amend rule 751—1.2(17A,8D) as follows:

751—1.2(17A,8D) Organization. The commission’s structure consists of five commissioners and the state auditorand the chief information officer as an ex officio membermembers of the commission. The commission has the sole authority to manage, develop, operate and ensure compatibility of the state communications network. The network is supervised by the commission and operated by the executive director of the network or the commission’sexecutive director’s designee. The commissionexecutive director has rule-makingrulemaking authority.

ITEM 2.Rescind rule 751—1.5(17A,8D) and adopt the following new rule in lieu thereof:

751—1.5(17A,8D) Administrative elements.

1.5(1) Executive director. The executive director or the executive director’s designee administers the programs and the services of the commission in compliance with the Iowa Code and the rules adopted by the executive director.

1.5(2) Administrative elements. In order to carry out the functions of the commission, the agency consists of the divisions as established by the executive director and bureaus within each division as deemed necessary to fulfill the functions of the agency. Additionally, the executive director may from time to time reorganize the agency in order to more efficiently and effectively carry out the functions of the commission. The major functions of the agency include but are not limited to:

a.Networking and engineering, including network operations, engineering, and project management. The bureau is responsible for all operational aspects of the fiberoptic network.

b.Facilities, including outside plant and technical assistance.

c.Financial management, including budgeting, accounts receivable and payable, and internal auditing.

d.Procurement and contracting.

e.Business services, including customer sales and customer relations.

ITEM 3.Amend subrule 1.6(1) as follows:

1.6(1) Main office. The main office is located in the Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa 50319. The telephone number is (515)725-4692515.725.4692. The toll-free number is 1-877-426-46921.877.426.4692. The fax number is (515)725-4727515.725.4727. The E-mailemail address is ICN.info@iowa.gov. The home pageInternet address on the World Wide Web is http://www.icn.state.ia.usicn.iowa.gov.

ITEM 4.Amend subrule 1.7(2) as follows:

1.7(2) Emergency incident reports. The 24-hour emergency telephone number for reporting cable cuts, system failures or other incidents is 1-800-572-3940,1.800.572.3940 or (515)323-4400515.725.4400.

ITEM 5.Amend 751—Chapter 1, implementation sentence, as follows:

These rules are intended to implement Iowa Code sections 17A.3(1)“a,”8D.1, 8D.3(3)“b,”8D.4,8D.5 and 8D.6.

ITEM 6.Rescind 751—Chapter 18 and adopt the following new chapter in lieu thereof:

CHAPTER 18

PROCEDURE FOR RULEMAKING

The executive director adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to agency procedure for rulemaking, which are published at www.legis.iowa.gov/docs/Rules/Current/UniformRules.pdf on the general assembly’s website.

751—18.3(17A) Public rulemaking docket.

18.3(2) Anticipated rulemaking. In lieu of the words “(commission, board, council, director)”, insert “executive director”.

751—18.4(17A) Notice of proposed rulemaking.

18.4(3) Copies of notices. In lieu of the words “(specify time period)”, insert “six months”.

751—18.5(17A) Public participation.

18.5(1) Written comments. In lieu of the words “(identify office and address)”, insert “ICN Executive Director, 400 East 14th Street, Des Moines, Iowa 50319-9000”.

18.5(5) Accessibility. In lieu of the words “(designate office and telephone number)”, insert “ICN executive director at 515.725.4692”.

751—18.6(17A) Regulatory analysis.

18.6(2) Mailing list. In lieu of the words “(designate office)”, insert “ICN executive director”.

751—18.10(17A) Exemptions from public rulemaking procedures.

18.10(2) This subrule is not adopted.

751—18.11(17A) Concise statement of reasons.

18.11(1) General. In lieu of the words “(specify the office and address)”, insert “ICN Executive Director, 400 East 14th Street, Des Moines, Iowa 50319-9000”.

751—18.13(17A) Agency rulemaking record.

18.13(2) Contents. In lieu of the words “(agency head)”, insert “executive director”.

These rules are intended to implement Iowa Code chapters 8D and 17A.

[Filed 1/30/25, effective 3/26/25]

[Published 2/19/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 2/19/25.