Regulatory Plan for State FY08
Covering period August 1, 2007 through July 31, 2008 for
- Department of Cultural Affairs
- Iowa Arts Council
- State Historical Society of Iowa
- State Records Commission
Agency Rules Administrator:
Kristen Vander Molen
Department of Cultural Affairs
600 East Locust Street
Des Moines, Iowa 50319-0290
Kristen.VanderMolen@iowa.gov
Phone: 515.281.4228
Fax: 515.281.6975
Introduction
Under Executive Order #9, issued by Governor Vilsack in 1999, state agencies are required to prepare an annual regulatory plan. The regulatory plan identifies rulemaking that an agency anticipates undertaking during the fiscal year. This plan outlines expected regulatory actions for State Fiscal Year 2008.
This regulatory plan includes the following sets of rules:
- Department of Cultural Affairs [Iowa Administrative Code 221]
- Iowa Arts Council [Iowa Administrative Code 222]
- State Historical Society of Iowa [Iowa Administrative Code 223]
- State Records Commission [Iowa Administrative Code 671]*
*The State Records Commission is an independent body. The State Historical Society provides administrative support for the Commission, including the filing of administrative rules; thus, the Commission’s regulatory plan is included herein.
Regulatory Objectives
What are the department’s rulemaking objectives and priorities for Fiscal Year 2008?
- For Fiscal Year 2008, the department will continue systematic review of its rules to eliminate unnecessary, outdated, and ineffective rules.
How do these objectives and priorities relate to obligations imposed upon the department by statute and the Governor’s priorities?
Plans to review and update the department’s rules are compatible with Iowa Code Chapter 17A and Executive Orders that pertain to rulemaking. The goals identified above are a result of strategic planning efforts initiated in compliance with Iowa Code Chapter 8E.
Regulatory Actions
What regulatory actions is the agency contemplating for FY08?
The following four tables list each chapter that is proposed for revision. Table A covers the Cultural Affairs Department [221]; Table B, the Arts Division [222]; Table C, the Historical Division [223]; and Table D, the State Records Commission [671].
What is the legal basis for each rulemaking action?
The department’s general rulemaking authority can be found in Iowa Code sections 303.1 and 303.1A. The State Records Commission’s rulemaking authority can be found in Iowa Code Supplement chapter 305.
What is the need for each rulemaking?
Executive Order #8, issued by Governor Vilsack in 1999, requires each agency to review its existing administrative rules to eliminate outdated, redundant, overly broad, ineffective, or otherwise undesirable rules. Agencies are encouraged to adopt rules that meet standards of need, reasonableness, effectiveness, clarity, fairness, and consistency with legislation and statute. The department has already revised several chapters of rules to comply with the directives. The FY08 regulatory plan continues the revision process, as we systematically review each chapter of our administrative rules.
What is the agency’s contemplated schedule for action?
The following tables list all anticipated rulemaking in FY08. Rule changes will be initiated as staff time allows.
Public Participation
To whom should questions be directed?
The name, address, phone, fax, and email address of the Agency Rules Administrator is listed above. This is the first point of contact if you have questions about any proposed rulemaking.
Executive Order 9 requires each agency to maintain a Rulemaking Docket on its web site. The department’s rulemaking docket can be accessed at www.culturalaffairs.org.
There are additional ways for the public to participate in the rulemaking process. Anyone may participate by commenting on proposed rules that are published in the Iowa Administrative Bulletin. The Iowa Administrative Bulletin is published biweekly, and can be found at www.legis.state.ia.us/Rules/Current/Bulletin/
The department strives to provide opportunities for public participation in all of its programs. Although not always legally required, the department has adopted the practice of hosting a public hearing whenever it intends to change its administrative rules. Notice of each public hearing is included in the Iowa Administrative Bulletin.
Once a rule has been proposed, the department will consider your comments and address them before issuing a final rule. Effective comments explain the nature of your concerns, provide data to support your position, and offer alternative suggestions for wording.
