Notice of Intended Action
General provisions, ch 1
ARC 9460C
APPEAL BOARD, STATE[543]
Notice of Intended Action
Proposing rulemaking related to general provisions
and providing an opportunity for public comment
The State Appeal Board hereby proposes to rescind Chapter 1, “Tort Claims,” and to adopt a new Chapter 1, “General Provisions,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code chapter 25 and sections 24.26 and 24.30 through 24.32.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapter 25 and sections 24.26 and 24.30 through 24.32.
Purpose and Summary
The Board is proposing to rescind Chapter 1 and replace it with new rules in a new structure. The current chapter includes definitions, information about the Board, and the form and content submission obligations for tort claims. The Board plans to restructure its rules entirely to make the entire set of rules easier to follow.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024. A public hearing was held on the following date(s):
●November 19, 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.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Board no later than 4:30 p.m. on August 29, 2025. Comments should be directed to:
|
Brad Horn, General Counsel |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
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August 29, 2025 |
State Capitol, Room G14 |
|
September 5, 2025 |
State Capitol, Room G14 |
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.
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).
The following rulemaking action is proposed:
ITEM 1.Rescind 543—Chapter 1 and adopt the following new chapter in lieu thereof:
CHAPTER 1
GENERAL PROVISIONS
543—1.1(669) Definitions.
“Award” means the same as defined in Iowa Code section 669.2.
“Board” means “state appeal board” as defined in Iowa Code section 24.26.
“Board’s mailing address” means State Capitol Building, 1007 East Grand Avenue, Room G13, Des Moines, Iowa 50319.
“Claim” means the same as defined in Iowa Code section 669.2.
“Department” means the department of management.
“Director” means the director of the department.
“Employee of the state” means the same as defined in Iowa Code section 669.2.
“Executive secretary” means executive secretary of the board.
“State agency” means the same as defined in Iowa Code section 669.2.
543—1.2(17A) Organization. The board is a unit of government within the department. The board oversees claims made against the state. Correspondence to the board should be sent to the board’s mailing address. Requests for information about the board may be made to the executive secretary at the board’s mailing address. The three voting members of the board are:
1.Treasurer of state. Telephone: 515.281.5366.
2.Auditor of state. Telephone: 515.281.5834.
3.Director of the department. Telephone: 515.281.3322.
543—1.3(669) Meetings of the board. The board will meet at a time and place fixed by the chairperson or a quorum of the board.
1.3(1) Session. The board will be considered in continuous session for the purpose of entering orders, issuing determinations, and making awards.
1.3(2) Quorum. A majority of board members constitutes a quorum of the board. All decisions of the board may be made by a quorum of the board.
1.3(3) Executive secretary. The director will appoint an employee of the department to serve as the executive secretary.
These rules are intended to implement Iowa Code chapter 17A and section 25.2.
Appeal Board, State
- State Capitol Building
- Des Moines, IA 50309
- (515) 281-3853
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Open For Comments
This notice is open for comments for 1 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 8/29/2025
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Public Hearing
Official Document
- General provisions, ch 1
- Published on 8/6/2025
- 81 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 8/6/2025.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 543-1.1 Rule 543-1.2 Rule 543-1.3Iowa Code References
The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 17A Iowa Code 24.26 Iowa Code 25.2 Iowa Code 669.2Keywords
The following keywords and tags were added to this document. You may click a keyword to view related notices.
Definitions Executive secretary Meetings of the board Organization Quorum SessionAbout
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