17A.8 - ADMINISTRATIVE RULES REVIEW COMMITTEE.
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 prior to the adjournment
of a regular session convened in an odd-numbered year. The term of
office shall be for four years beginning May 1 of the year of
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. The committee shall choose a chairperson from its membership
and 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.
5. A regular committee meeting shall be held at the seat of
government on the second Tuesday of each month. 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, a recommendation that this 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. Upon a vote of two-thirds of its members, the administrative
rules review committee may delay the effective date of a rule until
the adjournment of the next regular session of the general assembly.
The committee shall refer a rule whose effective date has been
delayed to the speaker of the house of representatives and the
president of the senate who shall refer the rule to the appropriate
standing committees of the general assembly. A standing committee
shall review a 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 disapprove 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 disapproved of the rule by a joint resolution, the
rule shall become effective. 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
delayed pursuant to this subsection. If a rule is disapproved, it
shall not become effective and the agency shall rescind the rule.
This section shall not apply to rules made effective under section
17A.5, subsection 2, paragraph "b". Section History:rly Form
[C54, 58, 62, § 17A.2; C66, 71, 73, § 17A.2--17A.4, 17A.10; C75,
77, 79, 81, § 17A.8] Section History: Recent Form
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
Referred to in § 17A.4