17A.3 - PUBLIC INFORMATION -- ADOPTION OF RULES -- AVAILABILITY OF RULES AND ORDERS.
17A.3 PUBLIC INFORMATION -- ADOPTION OF RULES --
AVAILABILITY OF RULES AND ORDERS.
1. In addition to other requirements imposed by Constitution or
statute, each agency shall:
a. Adopt as a rule a description of the organization of the
agency which states the general course and method of its operations,
the administrative subdivisions of the agency and the programs
implemented by each of them, a statement of the mission of the
agency, and the methods by which and location where the public may
obtain information or make submissions or requests.
b. Adopt rules of practice setting forth the nature and
requirements of all formal and informal procedures available to the
public, including a description of all forms and instructions that
are to be used by the public in dealing with the agency.
c. As soon as feasible and to the extent practicable, adopt
rules, in addition to those otherwise required by this chapter,
embodying appropriate standards, principles, and procedural
safeguards that the agency will apply to the law it administers.
d. Make available for public inspection all rules, and make
available for public inspection and index by subject, all other
written statements of law or policy, or interpretations formulated,
adopted, or used by the agency in the discharge of its functions.
Except as otherwise required by Constitution or statute, or in the
use of discovery under the Iowa rules of civil procedure or in
criminal cases, an agency shall not be required to make available for
public inspection those portions of its staff manuals, instructions,
or other statements excluded from the definition of "rule" by
section 17A.2, subsection 11, paragraph "f".
e. Make available for public inspection and index by name and
subject all final orders, decisions, and opinions: Provided that to
the extent required to prevent a clearly unwarranted invasion of
personal privacy or trade secrets, an agency shall delete identifying
details when it makes available for public inspection any final
order, decision, or opinion; however, in each case the justification
for the deletion shall be explained fully in writing.
2. No agency rule or other written statement of law or policy, or
interpretation, order, decision, or opinion is valid or effective
against any person or party, nor shall it be invoked by the agency
for any purpose, until it has been made available for public
inspection and indexed as required by subsection 1, paragraphs
"d" and "e". This provision is not applicable in favor of
any person or party who has actual timely knowledge thereof and the
burden of proving such knowledge shall be on the agency. Section History: Early Form
[C75, 77, 79, 81, § 17A.3] Section History: Recent Form
86 Acts, ch 1245, § 2037; 98 Acts, ch 1202, §7, 46
Referred to in § 17A.9A, 22.7, 904.602