ARC 9444C - Iowa Administrative Rules

Adopted and Filed

Administrative rules; procedure for rulemaking and petitions for rulemaking, ch 10

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ARC 9444C

TRANSPORTATION DEPARTMENT[761]

Adopted and Filed

Rulemaking related to procedure for rulemaking and petitions for rulemaking

The Transportation Department hereby rescinds Chapter 10, “Administrative Rules,” and adopts a new Chapter 10, “Procedure for Rulemaking and Petitions for Rulemaking,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code chapter 17A and sections 307.12(1)“j,” 307A.2, 312.3 and 312A.3.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 17A and sections 307.12(1)“j,” 307A.2 and 312.3.

Purpose and Summary

This rulemaking repromulgates Chapter 10 in compliance with Executive Order 10. Chapter 10 provides procedures for rulemaking and explains the process for petitions for rulemaking. The intended benefit is to provide clarity and transparency.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on April 16, 2025, as ARC 9092C. A public hearing was held on the following date(s):

●May 6, 2025

●May 8, 2025

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 Department on June 10, 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 761—Chapter 11.

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 August 27, 2025.

The following rulemaking action is adopted:

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:

IOWA DEPARTMENT OF TRANSPORTATION

800 Lincoln Way, Ames, Iowa 50010

PETITION BY (insert petitioner’s name)
FOR THE (insert one: adoption, amendment or repeal)
OF (insert current rule number, if
applicable, and brief description of subject matter)

}

DOCKET NO.

PETITION FOR RULEMAKING

(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.

[Filed 6/23/25, effective 8/27/25]

[Published 7/23/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 7/23/25.