Functions of division, rescind ch 40
ARC 9256C
HUMAN RIGHTS DEPARTMENT[421]
Adopted and Filed
Rulemaking related to functions of division
The Department of Health and Human Services hereby rescinds Chapter 40, “Functions of Division,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is adopted under the authority provided in Iowa Code chapter 216A.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, 2024 Iowa Acts, Senate File 2385.
Purpose and Summary
The purpose of this rulemaking is to rescind a chapter that is no longer applicable due to the passage of 2024 Iowa Acts, Senate File 2385, which consolidated Iowa’s boards and commissions.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 11, 2024, as ARC 8508C. A public hearing was held on the following date(s):
●January 14, 2025
●January 17, 2025
No one attended the public hearings. No public comment was received at the hearings.
Outside of the public hearings, one public comment was received by the Department indicating that 2024 Iowa Acts, Senate File 2385, did not repeal the Department’s obligation to provide advocacy for underrepresented populations.
The Department then discovered that information regarding the public hearings on this rulemaking was missing from the Notice of Intended Action, impacting the public’s ability to provide oral comment. An Amended Notice of Intended Action was published in the Iowa Administrative Bulletin on February 5, 2025, as ARC 8895C. The Department held two more public hearings on the following date:
●February 25
No one attended the public hearings.No public comment was received. No changes from the Notice or the Amended Notice have been made.
Adoption of Rulemaking
This rulemaking was adopted by the Department on April 23, 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 Department for a waiver of the discretionary provisions, if any, pursuant to 441—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 July 1, 2025.
The following rulemaking action is adopted:
ITEM 1.Rescind and reserve 421—Chapter 40.
[Filed 4/23/25, effective 7/1/25]
[Published 5/14/25]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/14/25.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 5/14/2025.
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