How Iowa Administrative Rules Are Made, and How to Weigh In
Laws passed by the Iowa Legislature often leave the details to state agencies. Those details, called administrative rules, can decide how a permit is issued, what a license requires or how a state program’s money is spent. For many businesses, the rulemaking process matters as much as the legislative session. Here is how it works and when to weigh in.
What administrative rules are
Administrative rules are regulations adopted by state agencies to carry out the laws the Legislature passes. They are published in the Iowa Administrative Code, and the process for making them is set by the Iowa Administrative Procedure Act, Iowa Code chapter 17A.
Step by step: how a rule is made
Notice of Intended Action. An agency proposing a rule publishes a Notice of Intended Action in the Iowa Administrative Bulletin. The notice describes the proposal, the legal authority for it and how to comment.
Public comment. The public has at least 20 days to submit written comments, and any interested person may comment.
Public hearing. An oral presentation can be requested by the Administrative Rules Review Committee, the Governor, a government agency, 25 people, or an association representing at least 25 people.
Regulatory analysis. The Administrative Rules Review Committee or the Governor’s Administrative Rules Coordinator can request a regulatory analysis of a proposed rule, including a look at its effect on small businesses.
Adoption. An agency cannot adopt a rule sooner than 35 days after the notice is published, and it must fully consider the comments it receives. If the agency does not adopt the rule within 180 days, the proposal lapses.
Effective date. The adopted rule is published in the Bulletin and generally takes effect 35 days later, unless the agency sets a later date.
The Legislature’s check: the Administrative Rules Review Committee
The Administrative Rules Review Committee is a bipartisan committee of state senators and representatives that meets monthly to oversee agency rulemaking. Its meetings are open to the public, and interested people can address the committee. The committee can object to a rule, recommend that the Legislature overturn it and, with a two-thirds vote, delay a rule’s effective date until the end of the next legislative session.
Executive Order 10 and the Red Tape Review
On January 10, 2023, Governor Kim Reynolds signed Executive Order 10, which paused certain new rulemaking and directed a review of all existing administrative rules. Agencies weighed each rule’s costs and benefits and whether less restrictive alternatives could achieve the same goal, then worked through their rules chapter by chapter with regulatory analyses, public hearings and new Notices of Intended Action. Some chapters were rewritten and others rescinded. For businesses, the review was a reminder that the rules affecting your operations can change even when the underlying law does not.
How to weigh in effectively
Watch for notices. Proposed and adopted rules appear in the Iowa Administrative Bulletin, and many agencies post rulemaking updates on their websites.
Comment early and specifically. Explain how a proposal would affect your operations, with facts and numbers, and suggest workable alternatives.
Engage before the notice. Agencies often hear from stakeholders before they publish a proposal. A relationship with agency staff gives you a chance to shape a rule before it is written.
Connect rules and legislation. Rules carry out laws, and lawmakers watch how agencies implement them. Keep your message to agencies and legislators consistent, and track related bills during the session. Our guide to monitoring Iowa legislation explains how.
How High Yield Strategies can help
While serving in the Governor’s office, HYS founder Jake Swanson worked directly with the leadership of the Iowa Department of Natural Resources, the Iowa Department of Agriculture and Land Stewardship, the Iowa Utilities Commission and the Iowa Economic Development Authority/Iowa Finance Authority. HYS helps clients understand how agencies make decisions, navigate regulatory approvals and engage the right officials at the right time. Learn more about our regulatory and state agency strategy and agriculture government affairs work, or email info@hystrategies.com.
This article is general information, not legal advice. Sources: Iowa Code chapter 17A; Iowa Administrative Rules Coordinator, rules adoption procedure and effective dates; Iowa Legislature, Administrative Rules Review Committee; Office of the Governor of Iowa (Jan. 11, 2023); Iowa Utilities Commission, Executive Order 10 rulemaking review.
