Iowa Code § 17A.8

Current through March 29, 2024

Section 17A.8 - Administrative rules review committee

1. There is created the "Administrative Rules Review Committee." The committee shall be bipartisan and shall be composed of the following members:

a. Three senators appointed by the majority leader of the senate and two senators appointed by the minority leader of the senate.

b. Three representatives appointed by the speaker of the house of representatives and two representatives appointed by the minority leader of the house of representatives.

2. A committee member shall be appointed as of the convening of a regular session convened in an odd-numbered year. The term of office for a member from the house of representatives shall end upon the convening of the general assembly following the appointment. The term of office for a member from the senate shall end upon the convening of the general assembly after the general assembly following appointment. However, a member shall serve until a successor is appointed. A vacancy on the committee shall be filled by the original appointing authority for the remainder of the term. A vacancy shall exist whenever a committee member ceases to be a member of the house from which the member was appointed.

3. A committee member shall be paid the per diem specified in section 2.10, subsection 5, for each day in attendance and shall be reimbursed for actual and necessary expenses. There is appropriated from money in the general fund not otherwise appropriated an amount sufficient to pay costs incurred under this section.

4.

a. The committee shall prescribe its rules of procedure. The committee may employ a secretary or may appoint the administrative code editor or a designee to act as secretary.

b. The chairperson of the committee shall be chosen as provided in this paragraph. For the term commencing with the convening of the first regular session of each general assembly and ending upon the convening of the second regular session of that general assembly, the chairperson shall be chosen by the committee from its members who are members of the house of representatives. For the term commencing with the convening of the second regular session of each general assembly and ending upon the convening of the first regular session of the next general assembly, the chairperson shall be chosen by the committee from its members who are members of the senate. A vacancy shall be filled in the same manner as the original appointment and shall be for the remainder of the unexpired term of the vacancy.

5. A regular committee meeting shall be held at the seat of government on the second Tuesday of each month or on an alternative date established by the committee. Unless impracticable, in advance of each such meeting the subject matter to be considered shall be published in the Iowa administrative bulletin. A special committee meeting may be called by the chairperson at any place in the state and at any time. Unless impracticable, in advance of each special meeting notice of the time and place of such meeting and the subject matter to be considered shall be published in the Iowa administrative bulletin.

6. The committee shall meet for the purpose of selectively reviewing rules, whether proposed or in effect. A regular or special committee meeting shall be open to the public and an interested person may be heard and present evidence. The committee may require a representative of an agency whose rule or proposed rule is under consideration to attend a committee meeting.

7. The committee may refer a rule to the speaker of the house and the president of the senate at the next regular session of the general assembly. The speaker and the president shall refer such a rule to the appropriate standing committee of the general assembly.

8. If the committee finds objection to a rule, it may utilize the procedure provided in section 17A.4, subsection 6. In addition or in the alternative, the committee may include in the referral, under subsection 7 of this section, a recommendation that the rule be overcome by statute. If the committee of the general assembly to which a rule is referred finds objection to the referred rule, it may recommend to the general assembly that this rule be overcome by statute. This section shall not be construed to prevent a committee of the general assembly from reviewing a rule on its own motion.

9.

a. Upon a vote of two-thirds of its members, the administrative rules review committee may delay the effective date of a rule or portion of a rule until the adjournment of the next regular session of the general assembly, unless the rule was adopted under section 17A.5, subsection 2, paragraph "b". If the rule was adopted under section 17A.5, subsection 2, paragraph "b", the administrative rules review committee, within thirty-five days of the publication of the rule in the Iowa administrative bulletin and upon the vote of two-thirds of its members, may suspend the applicability of the rule or portion of the rule until the adjournment of the next regular session of the general assembly.

b. The committee shall refer a rule or portion of a rule whose effective date has been delayed or applicability has been suspended to the speaker of the house of representatives and the president of the senate who shall refer the delayed or suspended rule or portion of the rule to the appropriate standing committees of the general assembly. A standing committee shall review the rule within twenty-one days after the rule is referred to the committee by the speaker of the house of representatives or the president of the senate and shall take formal committee action by sponsoring a joint resolution to nullify the rule, by proposing legislation relating to the rule, or by refusing to propose a joint resolution or legislation concerning the rule. The standing committee shall inform the administrative rules review committee of the committee action taken concerning the rule. If the general assembly has not nullified the rule by a joint resolution, the rule shall become effective upon the adjournment of the session of the general assembly. The speaker of the house of representatives and the president of the senate shall notify the administrative code editor of the final disposition of each rule or portion of a rule whose effective date has been delayed or whose applicability has been suspended pursuant to this subsection.

c. Notice of an effective date that was delayed or of applicability that was suspended under this provision shall be published in the Iowa administrative code and bulletin.

10.

a. Upon the vote of two-thirds of its members, the administrative rules review committee may delay the effective date of a rule or portion of a rule seventy days beyond that permitted in section 17A.5, unless the rule was adopted under section 17A.5, subsection 2, paragraph "b". If the rule was adopted under section 17A.5, subsection 2, paragraph "b", the administrative rules review committee, within thirty-five days of the publication of the rule in the Iowa administrative bulletin and upon the vote of two-thirds of its members, may suspend the applicability of the rule or portion of the rule for seventy days.

b. Notice of an effective date that was delayed or of applicability that was suspended under this provision shall be published in the Iowa administrative code and bulletin.

Iowa Code § 17A.8

86 Acts, ch 1245, §2024, 2039; 91 Acts, ch 258, §21 -23; 95 Acts, ch 49, §1; 98 Acts, ch 1202, §12, 46; 2003 Acts, ch 35, § 30, 49; 2008 Acts, ch 1031, § 97; 2008 Acts, ch 1156, §19, 58; 2012 Acts, ch 1138, § 20; 2013 Acts, ch 114, § 4; 2020 Acts, ch 1090, § 8, 9; 2022 Acts, ch 1021, § 8; 2023 Acts, ch 70, § 10, 11, 14

Amended by 2023 Iowa, ch 70, s 11, eff. 1/1/2024.

Amended by 2023 Iowa, ch 70, s 10, eff. 1/1/2024.

Amended by 2022 Iowa, ch 1021, s 8, eff. 7/1/2022.

Amended by 2020 Iowa, ch 1090, s 9, eff. 7/1/2020.

Amended by 2020 Iowa, ch 1090, s 8, eff. 7/1/2020.

Amended by 2013 Iowa, ch 114, s 4, eff. 7/1/2013.

C54, 58, 62, § 17A.2; C66, 71, 73, § 17A.2- 17A.4, 17A.10; C75, 77, 79, 81, §17A.8
86 Acts, ch 1245, §2024, 2039; 91 Acts, ch 258, §21 - 23; 95 Acts, ch 49, §1; 98 Acts, ch 1202, §12, 46; 2003 Acts, ch 35, §30, 49; 2008 Acts, ch 1031, §97; 2008 Acts, ch 1156, §19, 58; 2012 Acts, ch 1138, §20

Referred to in §2B.5A, 17A.4

Subsection 9, paragraph c and amendment to subsection 10, paragraph b effective January 1, 2024; 2023 Acts, ch 70, § 14

Subsection 9, NEW paragraph c

Subsection 10, paragraph b amended