Iowa Code § 17A.6

Current through March 29, 2024

Section 17A.6 - Publications - procedures for standards adopted by reference

1. For purposes of subsections 3 through 6, unless the context otherwise requires:

a."Adopt by reference" or "adoption by reference" means incorporating the text of a cited publication, or a part thereof, into a rule without including the text of the publication in the rule.

b."Publication" does not include the Iowa Code, Iowa Acts, Iowa administrative code, Iowa court rules, or uniform rules on agency procedure.

2. The administrative code editor shall publish the Iowa administrative bulletin and the Iowa administrative code as provided in section 2B.5A.

3. An agency that adopts standards by reference to another publication shall post the publication, or the relevant part of the publication, containing the standards on the agency's internet site. An agency shall not post a link for this purpose to an internet site that is not maintained by the agency. If a posted publication or part of a publication varies from the publication or part adopted by reference as described in subsection 5, the adoption by reference described in subsection 5 shall control. This subsection does not apply to a publication that is a federal statute or regulation.

4. In lieu of the procedures established in subsection 3, an agency may establish alternative procedures providing for public access to a publication containing standards adopted by reference if the publication is proprietary or contains proprietary information. For purposes of this subsection, "public access" means access that does not require purchase of the publication or payment for access to the publication.

5. An agency that adopts standards by reference to another publication or a part thereof shall include as part of the reference a date certain, edition or amendment number, or other information identifying the specific version of the publication or the specific point in time from which the text of the publication can be determined. The adoption of standards by reference to another publication or a part thereof shall not include adoption of any amendment, edition, or version of the publication subsequent to the effective date of the adoption.

6. An agency shall include in the preamble to each rule submitted pursuant to section 17A.4 or 17A.5 that adopts standards by reference to another publication or part thereof a brief explanation of the content of the publication or part. If such a rule updates a reference to a publication previously adopted by reference, the agency shall include in the preamble a brief explanation of any significant changes in the content of the publication or part.

Iowa Code § 17A.6

88 Acts, ch 1158, §2; 89 Acts, ch 296, §4; 90 Acts, ch 1266, §34; 91 Acts, ch 42, §2, 3; 91 Acts, ch 258, §20; 95 Acts, ch 14, §1; 96 Acts, ch 1099, §9, 10; 2003 Acts, ch 35, § 28, 29, 49; 2003 Acts, ch 145, § 141; 2006 Acts, ch 1011, §4; 2008 Acts, ch 1032, § 201; 2010 Acts, ch 1031, § 53; 2020 Acts, ch 1090, §5; 2023 Acts, ch 70, §8, 14

Amended by 2024 Iowa, ch Chapter 1169,s 9, eff. 7/1/2024.

Amended by 2023 Iowa, ch 70, s 8, eff. 1/1/2024.

Amended by 2020 Iowa, ch 1090, s 5, eff. 7/1/2020.

C54, 58, 62, 66, §14.3, 17A.9; C71, 73, §14.6(5); C75, 77, 79, 81, §17A.6 88 Acts, ch 1158, §2; 89 Acts, ch 296, §4; 90 Acts, ch 1266, §34; 91 Acts, ch 42, §2, 3; 91 Acts, ch 258, §20; 95 Acts, ch 14, §1; 96 Acts, ch 1099, §9, 10; 2003 Acts, ch 35, §28, 29, 49; 2003 Acts, ch 145, §141; 2006 Acts, ch 1011, §4; 2008 Acts, ch 1032, §201; 2010 Acts, ch 1031, §53

Referred to in §2B.5A, 8A.206, 10A.506, 89.5, 89A.3, 505.35

State publications; see §8A.205

2023 amendments effective January 1, 2024; 2023 Acts, ch 70, § 14

Section amended