ARC 9744C

ARC 9744C

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Proposing rulemaking related to radiation safety requirements for industrial radiographic operations, particle accelerators for nonhuman use, analytical X-ray equipment, and well-logging and providing an opportunity for public comment

    The Department of Health and Human Services hereby proposes to rescind Chapter 45, “Radiation Safety Requirements for Industrial Radiographic Operations, Particle Accelerators for Nonhuman Use, Analytical X-Ray Equipment, and Well-Logging,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code chapters 136B and 136C.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapters 136B and 136C.

Purpose and Summary

    This proposed chapter is one of eight chapters pertaining to radiologic health matters regulated by the Department. This proposed chapter and the seven others underwent a fulsome review as a part of the Red Tape Review process laid out in Executive Order 10. As a result of this review, content from all the chapters was reorganized and this chapter is proposed to be rescinded. The rules in the existing chapter establish radiation safety requirements for using sources of radiation for industrial radiography.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 15, 2025. A public hearing was held on the following date(s):

     ?   November 4, 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 441—Chapter 6.

Public Comment

     Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on December 16, 2025. Comments should be directed to:

Public Hearing

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

    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 Department 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 and reserve 641—Chapter 45.