781—18.13(17A) Agency rule-making record.

1. 18.13(1)  Requirement. The agency shall maintain an official rule-making record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of Intended Action, or adopts. The rule-making record and materials incorporated by reference must be available for public inspection.

2. 18.13(2)  Contents. The agency rule-making record shall contain:

   1. a. Copies of all publications in the Iowa Administrative Bulletin with respect to the rule or the proceeding upon which the rule is based and any file-stamped copies of agency submissions to the administrative rules coordinator concerning that rule or the proceeding upon which it is based;
   2. b. Copies of any portions of the agency’s public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based;
   3. c. All written petitions, requests, and submissions received by the agency, and all other written materials of a factual nature as distinguished from opinion that are relevant to the merits of the rule and that were created or compiled by the agency and considered by the treasurer of state, in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based, except to the extent the agency is authorized by law to keep them confidential; provided, however, that when any such materials are deleted because they are authorized by law to be kept confidential, the agency shall identify in the record the particular materials deleted and state the reasons for that deletion;
   4. d. Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, the stenographic record or electronic recording of those presentations, and any memorandum prepared by a presiding officer summarizing the contents of those presentations;
   5. e. A copy of any regulatory analysis or fiscal impact statement prepared for the proceeding upon which the rule is based;
   6. f. A copy of the rule and any concise statement of reasons prepared for that rule;
   7. g. All petitions for amendment or repeal or suspension of the rule;
   8. h. A copy of any objection to the issuance of that rule without public notice and participation that was filed pursuant to Iowa Code section 17A.4(2) by the administrative rules review committee, the governor, or the attorney general;
   9. i. A copy of any objection to the rule filed by the administrative rules review committee, the governor, or the attorney general pursuant to Iowa Code section 17A.4(4), and any agency response to that objection;

   10. j.

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       A copy of any significant written criticism of the rule, including a summary of any petitions for waiver of the rule; and

   11. k. A copy of any executive order concerning the rule.
3. 18.13(3)  Effect of record. Except as otherwise required by a provision of law, the agency rule-making record required by this rule need not constitute the exclusive basis for agency action on that rule.

4. 18.13(4)

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   Maintenance of record. The agency shall maintain the rule-making record for a period of not less than five years from the later of the date the rule to which it pertains became effective, the date of the Notice of Intended Action, or the date of any written criticism as described in 18.13(2)“g,” “h,” “i,” or “j.”

   (Alternatively, the agency can maintain the file indefinitely.)

   (*NOTE: Alternatively to 18.13(2)“j” and the amendment to 18.13(4), an agency could keep a separate file of significant written criticisms to rules and maintain those for five years.)