Notice of Intended Action
Tort claims, ch 2
ARC 9461C
APPEAL BOARD, STATE[543]
Notice of Intended Action
Proposing rulemaking related to tort claims and providing an opportunity for public comment
The State Appeal Board hereby proposes to rescind Chapter 2, “General Provisions,” and to adopt a new Chapter 2, “Tort Claims,” 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 2 and replace it with new rules in a new structure. The current structure of the Board’s chapters includes some background information about the Board in existing 543—Chapter 1 and other components in existing Chapter 2. Existing 543—Chapter 1 also includes rules addressing how individuals submit tort claims. The blending of concepts in different chapters was deemed confusing and unworkable going forward, so 543—Chapters 1 and 2 are proposed to be replaced, with the new 543—Chapter 1 setting out general background information about the Board and the new Chapter 2 dedicated to tort claims, which represent the highest volume of appeals seen by the Board. This restructuring is intended to make it easier for citizens seeking to interact with the Board to find the information they need to do so.
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 |
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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 2 and adopt the following new chapter in lieu thereof:
CHAPTER 2
TORT CLAIMS
543—2.1(669) Form of claims.
2.1(1) Place of filing. Tort claims will be filed with the executive secretary at the board’s address. The board may make forms available to facilitate submission of a claim.
2.1(2) Names, signatures, and verification. To be valid, a claim needs to be legible and state the name, address, telephone number, and age of the person making the claim; the name, address and telephone number of the claimant’s attorney preparing the claim, if any; and their signatures. Claims must also be verified as being true and that the information provided is accurate to the best of the claimant’s knowledge.
2.1(3) Designation by number. The executive secretary will assign a number to each claim. Thereafter, claims may be referred to by the assigned number.
543—2.2(669) Content. Valid claims need to include all information as required by the board’s official submission form.
543—2.3(669) Attorney general. The executive secretary will convey each claim to the special assistant attorney general assigned to the board. The special assistant attorney general will investigate the claim and is empowered to administer oaths, take testimony, and conduct discovery in accordance with the Iowa Rules of Civil Procedure. The special assistant attorney general may compel the attendance of witnesses and certify to any district court for contempt.
543—2.4(669) Notification. The special assistant attorney general will notify the claimant or the claimant’s attorney, in writing, of the board’s determination and any award.
543—2.5(669) Release. The claimant is obligated to execute a release of the claim and covenant not to sue in consideration of acceptance of the award.
543—2.6(669) Acceptance. Return of the executed release and covenant not to sue will constitute acceptance of the award in full settlement of the claim.
543—2.7(669) Warrant. Upon acceptance of the award, completion of the release, and a determination by the board that attorneys’ fees requested are reasonable, the board will issue a warrant in the agreed amount, payable to claimant and the claimant’s attorney.
543—2.8(669) Withdrawal. Submitted claims may be withdrawn at any time through written notice addressed to the board at the board’s mailing address.
These rules are intended to implement Iowa Code chapter 17A and section 669.3(3).
Appeal Board, State
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- Des Moines, IA 50309
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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
- Tort claims, ch 2
- Published on 8/6/2025
- 71 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 543-2.1 Rule 543-2.2 Rule 543-2.3 Rule 543-2.4 Rule 543-2.5 Rule 543-2.6 Rule 543-2.7 Rule 543-2.8Iowa 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 669.3(3)Keywords
The following keywords and tags were added to this document. You may click a keyword to view related notices.
Acceptance Attorney general Content Designation by number Form of claims Names, signatures, and verification Notification Place of filing Release Warrant WithdrawalAbout
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