Section 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.  (1)  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:

  (a)  That a statute so provides;

  (b)  That the rule confers a benefit or removes a restriction on the public or some segment thereof; or

  (c)  That this effective date is necessary because of imminent peril to the public health, safety, or welfare.

  (2)  In any subsequent action contesting the effective date of a rule promulgated under this paragraph “b”, 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 “b”.

[C54, 58, 62, §17A.3, 17A.4; C66, 71, 73, §17A.8; C75, 77, 79, 81, §17A.5]

89 Acts, ch 83, §10

; 90 Acts, ch 1266, §33

; 91 Acts, ch 258, §19

; 2006 Acts, ch 1011, §3

; 2015 Acts, ch 30, §27

Subsection 2, paragraph b amended