ARC 9868C

ARC 9868C

HIGHER EDUCATION LOAN AUTHORITY[284]

Notice of Intended Action

Proposing rulemaking related to declaratory orders
and providing an opportunity for public comment

    The Higher Education Loan Authority hereby proposes to rescind Chapter 3, “Declaratory Rulings,” and to adopt a new Chapter 3, “Declaratory Orders,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 261A.7.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 261A.7.

Purpose and Summary

    The Authority serves Iowa’s independent nonprofit colleges and universities providing affordable financing of facilities and working capital through the issuance of tax-exempt debt on the colleges’ and universities’ behalf. This proposed rulemaking repromulgates Chapter 3, which contains rules related to declaratory orders.  

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 29, 2025. A public hearing was held on the following date(s):

     ?   November 18, 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 Authority for a waiver of the discretionary provisions, if any.

Public Comment

    Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Authority no later than 4:30 p.m. on January 13, 2026. 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 Authority 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 284—Chapter 3 and adopt the following new chapter in lieu thereof:

CHAPTER 3

DECLARATORY ORDERS

The higher education loan authority 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.

284—3.1(261A) Petition for declaratory orders. In lieu of the words “(AGENCY NAME)”, the heading on the petition form should read:

IOWA HIGHER EDUCATION LOAN AUTHORITY

284—3.5(261A) Inquiries. Inquiries concerning the status of a petition for a declaratory order may be made to the Executive Director, 1105 High Road, Box 214, Norwalk, Iowa 50211.

These rules are intended to implement Iowa Code section 17A.24 and chapter 261A.