ARC 9462C - Iowa Administrative Rules

Notice of Intended Action

Uniform rules, ch 5

Untitled document

ARC 9462C

APPEAL BOARD, STATE[543]

Notice of Intended Action

Proposing rulemaking related to uniform rules and providing an opportunity for public comment

The State Appeal Board hereby proposes to rescind Chapter 5, “Budget Appeals,” and to adopt a new Chapter 5, “Uniform Rules,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections 24.26, 24.30 through 24.32 and 25.2.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 24.26, 24.30 through 24.32 and 25.2 and Executive Order 10.

Purpose and Summary

Under the Board’s current rules, numerous provisions sought to address concepts covered by the Uniform Rules on Agency Procedure. Guidance provided by the Governor’s staff has been to use the Uniform Rules wherever possible and to only make minimal changes to those Uniform Rules where necessary. Applying that guidance, the Board plans to rescind existing 543—Chapters 6 and 7 and consolidate those concepts into a single new Chapter 5 focused on the Uniform Rules. The content of the existing Chapter 5 has been added to a new 543—Chapter 4 herein (IAB 8/6/25). This rulemaking rescinds the now-duplicative Chapter 5 and adopts this new Chapter 5 in its place. 543—Chapters 6 and 7 are proposed to be rescinded herein (IAB 8/6/25). The full set of Uniform Rules is proposed to be adopted by the Board, with internal references in those rules updated to reflect the Board’s information or otherwise made to incorporate the rules into the Board’s set of administrative rules. The only substantive provisions retained from current 543—Chapters 6 and 7 relate to fair information practices, where the Board’s existing rules were thought to provide a benefit to the Board and citizens over the current Uniform Rules.

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 26, 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 5 and adopt the following new chapter in lieu thereof:

CHAPTER 5

UNIFORM RULES

The board hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure, which are published at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the general assembly’s website.

543—5.1(17A,22) Fair information practices. The board hereby adopts, with the following exceptions and amendments, the uniform rules on agency procedure relating to fair information practices, which are published at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the general assembly’s website. For purposes of this rule, the following designations are made:

5.1(1) In lieu of the words “(official or body issuing these rules)”, insert “board”.

5.1(2) In lieu of the word “agency”, insert “board”.

5.1(3) In lieu of the words “(insert agency head)”, insert “chairperson of the board”.

5.1(4) In lieu of the words “(insert agency name and address)”, insert “the board at the board’s mailing address”.

5.1(5) In lieu of the words “(insert customary office hours and, if agency does not have customary office hours of at least thirty hours per week, insert hours specified in Iowa Code section 22.4)”, insert “8 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays, and legal holidays”.

5.1(6) In lieu of the words “(specify time period)”, insert “30 minutes”.

5.1(7) In lieu of the words “(An agency wishing to deal with search fees authorized by law should do so here.)”, delete the statement.

5.1(8) In lieu of the words “(designate office)”, insert “the board’s executive secretary”.

5.1(9) In lieu of the words “(and, where applicable, the time period during which the record may be disclosed)”, insert “and, where applicable, the time period during which the record may be disclosed”.

5.1(10) In lieu of the words “(Additional requirements may be necessary for special classes of records.)”, insert “Additional obligations may be necessary for special classes of records”.

5.1(11) In lieu of the words “(Each agency should revise its forms to provide this information.)”, delete the statement.

543—5.2(17A,22) Additional fair information practices—uses and disclosures of information.

5.2(1) General. Board records are open for public inspection and copying unless otherwise provided by applicable law.

5.2(2) Uses and disclosures of individually identifiable information. To the extent allowed by law, uses or disclosures of confidential records may occur with or without the consent of the subject. Types of uses or disclosures that occur without the subject’s consent include but are not necessarily limited to the following:

a.Use or disclosure for a routine use in relation to the work of the board, as long as such use or disclosure is made subject to the same confidentiality obligations imposed on the board.

b.Use or disclosure for statistical research purposes or reporting as long as the information is deidentified in advance.

c.Use or disclosure for civil or criminal law enforcement activities to the extent authorized by law.

d.Disclosure to an individual pursuant to a showing of compelling circumstances affecting the health or safety of any individual.

e.Disclosure to the legislative services agency under Iowa Code section 2A.3.

f.Use or disclosure in the course of employee disciplinary proceedings.

g.Use or disclosure in response to a court order or subpoena.

5.2(3) Complaints to public officials. A letter from a subject of a confidential record held by the board to a public official that seeks the official’s intervention on behalf of the subject in a matter that involves the board will, to the extent permitted by law, be treated as an authorization to release sufficient information about the subject to the official to resolve the matter.

5.2(4) Release to subject. The subject of a confidential record may submit a request to review confidential records about that person. However, the board need not release the record to the subject to the extent that the record is confidential under applicable law. Records that may be declared confidential include but are not necessarily limited to records that are predecisional draft documents, peace officers’ investigative reports, records that are subject to the attorney/client privilege, and records that are subject to the attorney work product doctrine. When a record has multiple identifiable subjects with interest in the confidentiality of the record, the board may take reasonable steps to protect confidential information relating to another subject.

543—5.3(17A) Petition for rulemaking. The board hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to petitions for rulemaking, which are published at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the general assembly’s website. For purposes of this rule, the following designations are made:

5.3(1) In lieu of the word “agency”, insert “board”.

5.3(2) In lieu of the words “(designate office)”, insert “board’s mailing address”.

5.3(3) In lieu of the phrase “designate official by full title and address”, insert “chairperson of the board at the board’s mailing address”.

543—5.4(17A) Declaratory orders. The board hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to declaratory orders, which are published at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the general assembly’s website. For purposes of this rule, the following designations are made:

5.4(1) In lieu of the words “designate agency”, insert “board”.

5.4(2) In lieu of the words “designate office”, insert the “board’s mailing address”.

5.4(3) In lieu of the words “(An agency may wish to describe here a simplified alternative petition form that would be more appropriate for some members of its clientele in light of their particular circumstances.)”, delete this sentence.

5.4(4) In lieu of the words “Within ____ days (15 or less)” found in rule X.2, insert “Within 15 days”.

5.4(5) In lieu of the words “within ____ days of the filing of a petition” in rule X.3(1), insert “within 15 days of the filing of a petition”.

5.4(6) In lieu of the words “(after time for notice under X.2(17A))”, insert “15 days following receipt of notice from the board that a petition has been filed”.

5.4(7) In lieu of the words “(agency name)”, insert “board”.

5.4(8) In lieu of the words “(specify office and address)”, insert “the board at the board’s mailing address”.

5.4(9) In lieu of the words “(designate agency head)”, insert “the chairperson of the board”.

5.4(10) In lieu of the words “(uniform rule on contested cases X.12(17A))” and “(contested case uniform rule X.2(17A))”, insert “uniform rule on contested cases X.12”.

5.4(11) In lieu of the sentence “(The agency may specify any provisions of Iowa Code sections 17A.10 through 17A.18 on contested case proceedings to apply to proceedings for declaratory orders.)”, delete the statement.

5.4(12) In lieu of the sentence “(Where the agency’s experience enables it to define in advance other specific reasons for refusing to issue a declaratory order, it should include them here.)”, delete the statement.

5.4(13) In lieu of the phrase “(who consent to be bound)”, insert “who consent to be bound”.

543—5.5(17A) Board procedure for rulemaking. The board hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to agency procedure for rulemaking, which are published at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the general assembly’s website. For purposes of this rule, the following designations are made:

5.5(1) In lieu of the words “(commission, board, council, director)”, insert “board”.

5.5(2) In lieu of the word “agency”, insert “board”.

5.5(3) In lieu of the words “(specify time period)”, insert “one calendar year”.

5.5(4) In lieu of the words “(identify office and address)”, insert “the executive secretary at the board’s mailing address”.

5.5(5) In lieu of the words “(designate office and telephone number)”, insert “the executive secretary at 515.281.3078”.

5.5(6) In lieu of the words “(designate office)”, insert “the board’s mailing address”.

5.5(7) In lieu of the words “(specify the office and address)”, insert “the board’s mailing address”.

5.5(8) In lieu of the words “(agency head)”, insert “chairperson of the board”.

5.5(9) In lieu of the words “(Alternatively, the agency can maintain the file indefinitely.)” and “(*NOTE: Alternatively to X.13(2)“j” and the amendment of X.13(4), an agency could keep a separate file of significant written criticisms to rules and maintain those for five years.)”, delete the statements.

5.5(10) In lieu of the words “(at actual cost)”, insert “at actual cost”.

These rules are intended to implement Iowa Code chapter 17A.