ARC 9870C

ARC 9870C

HIGHER EDUCATION LOAN AUTHORITY[284]

Notice of Intended Action

Proposing rulemaking related to public records and fair information practices
and providing an opportunity for public comment

    The Higher Education Loan Authority hereby proposes to rescind Chapter 5, “Public Records and Fair Information Practices,” Iowa Administrative Code, and to adopt a new Chapter 5 with the same title.

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 by 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 5, which contains rules related to fair information practices. 

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 5 and adopt the following new chapter in lieu thereof:

CHAPTER 5

FAIR INFORMATION PRACTICES

The Iowa higher education loan authority 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.

284—5.1(261A) Definition. As used in this chapter:

    “Agency” or “authority” means the Iowa higher education loan authority.

284—5.3(261A) Requests for access to records.

    5.3(1) Location of record. In lieu of the words “(insert agency head)”, insert “executive director”, and in lieu of the words “(insert agency name and address)”, insert “Iowa Higher Education Loan Authority at 1105 High Road, Box 214, Norwalk, Iowa 50211”.

    5.3(2) Office hours. Records are made available from 9 a.m. to 12 noon and from 1 p.m. to 4 p.m. daily, excluding Saturdays, Sundays and legal holidays.

    5.3(3) Request for access. In lieu of the first sentence, insert “Requests for access to open records may be made in writing or by telephone.”

    5.3(7) Fees.

    c.  Supervisory fee. Reserved.

    d.  Advance deposits. Reserved.

284—5.6(261A) Procedure by which additions, dissents, or objections may be entered into certain records. In lieu of the words “(designate office)”, insert “Iowa Higher Education Loan Authority, 1105 High Road, Box 214, Norwalk, Iowa 50211”.

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