ARC 9092C

ARC 9092C

Proposing rulemaking related to procedure for rulemaking and petitions for rulemaking
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on January 22, 2025. A public hearing was held on the following date(s):

●February 13, 2025

The Department received no comments. The Department made one change to the chapter to update the name of the office for the Department’s rules administrator.

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.

ITEM 1.Rescind 761—Chapter 10 and adopt the following new chapter in lieu thereof:

CHAPTER 10

PROCEDURE FOR RULEMAKING AND PETITIONS FOR RULEMAKING

761—10.1(17A) General.

10.1(1) Definitions.

“Commission” means the state transportation commission.

“Director” means the director of transportation or the director’s designee.

10.1(2) Contact information for rules administrator. The mailing address of the department’s rules administrator is: Rules Administrator, Office of the Director, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. The email address of the rules administrator may be found on the department’s website at iowadot.gov/administrativerules.

761—10.2(17A) Procedure for rulemaking.

10.2(1) Incorporation by reference. The department incorporates by this reference all such matters in Iowa Code chapter 17A that relate to procedures for rulemaking.

10.2(2) Information.

a.Inquiries about rules and the rulemaking process may be directed to the rules administrator at the address in subrule 10.1(2).

b.Any public comment on a Notice of Intended Action or similar document relating to rules may be directed to the rules administrator or as directed in the Notice of Intended Action or similar document.

761—10.3(17A) Petitions for rulemaking.

10.3(1) The department will accept and consider, from any person or agency, petitions for rulemaking when submitted to the department’s rules administrator by mail or email and prepared in conformance with the following:

a.Format:

(In separate numbered paragraphs, the petition shall include the following.)

1.The petitioner’s name, address and telephone number.

2.The nature of the petitioner’s interest in the matter.

3.The text or the essential terms and conditions of a proposed new rule, or the rule number and text of a rule proposed for amendment or a repeal. In addition, proposed amendments are to be illustrated to portray the changes in wording requested: Deletions are to be indicated by strikethroughs, and additions by underscoring.

4.The reasons for seeking the requested action, including any facts, views, data or arguments relevant to the request. Copies of statutes, rules or other supporting documents referenced in the petition are to be submitted as appendices to the petition or made available to the department upon request.

5.If desired, a request to meet informally with the department to discuss the petition.

(Signature of petitioner)

b.A petition for amendment or repeal of a rule is to pertain to a rule currently in effect at the time the petition is received by the department.

c.Petitions should be typewritten, although petitions legibly hand-printed in ink will be accepted.

10.3(2) The date of receipt of a petition is the day it reaches the department’s rules administrator. The administrator will within five days of receipt notify the petitioner of the date of receipt and the assigned docket number.

10.3(3) If requested in the petition, the department will schedule an informal meeting with the petitioner to discuss the petition.

10.3(4) The department will notify the petitioner of the director’s or commission’s determination to grant or deny the petition. If the petition is denied, the notification will include the reasons for denial.

These rules are intended to implement Iowa Code chapter 17A and sections307.12(1)“j,” 307A.2, 312.3 and 312A.3.