141—4.2(2C) Adoption of rule.

1. 4.2(1)  Time of adoption. The agency may adopt a rule at any time.
2. 4.2(2)  Manner of adoption. The agency is exempt from the procedural requirements for rule making in Iowa Code section 17A.4. The agency shall file each rule the agency adopted with the administrative code editor, who shall publish the rule in the Iowa Administrative Code. The agency shall file the rule for publication as soon as practicable after adoption of the rule.

3. 4.2(3)  Review by service committee. The agency may submit a proposed rule to the service committee of the legislative council for the committee’s review and comment before the rule is adopted and published. If the agency submits a proposed rule to the service committee, the agency shall provide the text of the rule and include a preamble containing:

   1. a. A statement of the purpose of the rule;
   2. b. A reference to all rules repealed, amended, or suspended by the rule; and
   3. c. A reference to the specific statutory or other authority authorizing adoption of the rule.
4. 4.2(4)  Publication in Iowa Administrative Bulletin. The agency may submit an adopted rule to the administrative rules review committee and request that the adopted rule be published in the Iowa Administrative Bulletin.

5. 4.2(5)  Exempt from governor’s review. An adopted rule of the agency is not subject to review by the governor and may not be rescinded by executive order of the governor.

   [Adopted and published 10/26/16 pursuant to Iowa Code section 2C.9(5), effective 11/1/16]