17A.5 - FILING AND TAKING EFFECT OF RULES.
17A.5 FILING AND TAKING EFFECT OF RULES.
1. Each agency shall file each rule adopted by the agency with
the office of the administrative rules coordinator and provide an
exact copy to the administrative code editor. The administrative
rules coordinator shall assign an ARC number to each rulemaking
document. The administrative rules coordinator shall keep a
permanent register of the rules open to public inspection. The
administrative code editor shall publish each rule adopted in
accordance with this chapter in the Iowa administrative code.
2. A rule adopted after July 1, 1975, is effective thirty-five
days after filing, as required in this section, and indexing and
publication in the Iowa administrative bulletin except that:
a. If a later date is required by statute or specified in the
rule, the later date is the effective date.
b. Subject to applicable constitutional or statutory
provisions, a rule becomes effective immediately upon filing with the
administrative rules coordinator, or at a subsequent stated date
prior to indexing and publication, or at a stated date less than
thirty-five days after filing, indexing and publication, if the
agency finds:
(1) That a statute so provides;
(2) That the rule confers a benefit or removes a restriction on
the public or some segment thereof; or
(3) That this effective date is necessary because of imminent
peril to the public health, safety or welfare. In any subsequent
action contesting the effective date of a rule promulgated under this
paragraph, the burden of proof shall be on the agency to justify its
finding. The agency's finding and a brief statement of the reasons
therefor shall be filed with and made a part of the rule. Prior to
indexing and publication, the agency shall make reasonable efforts to
make known to the persons who may be affected by it a rule made
effective under the terms of this paragraph. Section History: Early Form
[C54, 58, 62, § 17A.3, 17A.4; C66, 71, 73, § 17A.8; C75, 77, 79,
81, § 17A.5] Section History: Recent Form
89 Acts, ch 83, § 10; 90 Acts, ch 1266, §33; 91 Acts, ch 258, §19;
2006 Acts, ch 1011, §3
Referred to in § 17A.4, 17A.8, 35A.13, 100B.22, 135C.2, 161A.4,
249A.3, 249A.20A, 249A.21, 267.6, 519A.4