ARC 9970C

ARC 9970C

RECORDS COMMISSION[671]

Notice of Intended Action

Proposing rulemaking related to permanent records—transfer process, care, and access and providing an opportunity for public comment

    The Records Commission hereby proposes to rescind Chapter 3, “Records Series Retention and Disposition Schedules Process”; to adopt a new Chapter 3, “Permanent Records—Transfer Process, Care, and Access”; and to rescind Chapter 7, “Permanent Records—Transfer Process,” and Chapter 8, “Care of and Access to Permanent Records Collections,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 8A.104(5) and 8A.608(1)“d.”

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 8A.601 through 8A.615.

Purpose and Summary

    The intended purpose of this proposed rulemaking is to provide a framework for handling records deemed to be kept permanently. The framework includes how to transfer such records to the State archives or to store such records that will remain in agency custody. The proposed rulemaking also reflects the fact that the Records Commission is now under the purview of the Department of Administrative Services through the State Government Alignment Act, 2023 Iowa Acts, Senate File 514, which has since been codified in Iowa Code chapter 8A.

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 19, 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

    The Department will not grant waivers under the provision of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.

Public Comment

    Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on February 10, 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 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 671—Chapter 3 and adopt the following new chapter in lieu thereof:

CHAPTER 3

PERMANENT RECORDS—TRANSFER PROCESS, CARE, AND ACCESS

671—3.1(8A) Purpose. The department of administrative services administers the state archives of Iowa in order to preserve, protect, and make accessible those records of state government that have enduring value.

671—3.2(8A) Identification of permanent records. The state records commission shall adopt records series retention and disposition schedules in accordance with 671—Chapter 2 to identify state government records that have enduring value.

671—3.3(8A) Form to use. A Transfer of Custody of State Government Records to the State Archives of Iowa form obtained from the state archives and records bureau shall be used to transfer legal and physical custody of a record from an agency to the state archives of Iowa.

671—3.4(8A) Agency responsibility.

    3.4(1) A record that is scheduled for permanent preservation in the state archives of Iowa shall be transferred to the state archives of Iowa in accordance with established records series retention and disposition schedules. An agency records officer shall review, sign, and submit a properly completed Transfer of Custody of State Government Records to the State Archives of Iowa form to the state archives and records bureau for approval prior to the physical transfer of records from the agency.

    3.4(2) A record scheduled for permanent preservation in an agency shall be retained in the agency in perpetuity. The agency shall maintain such a record in a manner that will ensure the continued availability of an accurate, authentic, and reliable record in perpetuity. The record shall be available for public inspection and copying in accordance with agency fair information practice rules.

671—3.5(8A) State archives and records bureau responsibility.

    3.5(1) The state archives and records bureau shall review and consider for approval a properly completed Transfer of Custody of State Government Records to the State Archives of Iowa form in a timely manner and will assist an agency in correcting an incomplete or inaccurate form.

    3.5(2) After approving a form, the state archives and records bureau will arrange for physical transfer of records to the state archives of Iowa with the agency.

    3.5(3) The state archives and records bureau shall establish and maintain inventory control of records transferred to the state archives of Iowa.

    3.5(4) The department of administrative services shall provide a secure, environmentally appropriate storage area for all records transferred to its custody.

671—3.6(8A) Care of and access to permanent records.

    3.6(1) A record with enduring value shall be transferred to the state archives of Iowa in accordance with a state records commission adopted records series retention and disposition schedule. The state archives of Iowa shall provide a secure environment for the storage and use of these records so that they may be preserved and made available to future generations of researchers in accordance with Iowa Code section 8A.609.

    3.6(2) Records transferred to the state archives of Iowa shall be cared for and administered in accordance with 223—Chapter 13.

    3.6(3) Records transferred to the state archives of Iowa shall be made accessible to researchers in accordance with 223—Chapter 22.

    3.6(4) The state archives and records bureau, with prior approval from the state archivist, may loan an agency record from the state archives of Iowa to an authorized agency user.

These rules are intended to implement Iowa Code sections 8A.601 through 8A.615.

    ITEM 2.  Rescind and reserve 671—Chapter 7.

    ITEM 3.  Rescind and reserve 671—Chapter 8.