Notice of Intended Action

General provisions, ch 1

Untitled document

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
Iowa Department of Management
State Capitol, Room G13
1007 East Grand Avenue
Des Moines, Iowa 50319
Phone: 515.414.6187
Email: brad.horn@dom.iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

August 29, 2025
9 to 10 a.m.

State Capitol, Room G14
1007 East Grand Avenue
Des Moines, Iowa

September 5, 2025
9 to 10 a.m.

State Capitol, Room G14
1007 East Grand Avenue
Des Moines, Iowa

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


This Organization is a part of the Management Department

Open For Comments

This notice is open for comments for 21 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

NOTE: You can also click the text in the document to make comments about specific sections.

Public Hearing

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 8/6/2025.

View Bulletin

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 543-1.3

Iowa 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 669.2

Keywords

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 Session
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