What is an administrative rule, and how is it different from a bill, law, or code?
Administrative rules are often written to define and describe how legislation will be implemented and enforced. They essentially “flesh out” the policies and procedures needed to carry out the intent of a piece of legislation that has been signed into law. Administrative Rules also determine some practices or procedures for state agencies.
The rulemaking process includes four main steps, and requires:
• Public notice from agencies regarding their intent to adopt rules, including the proposed text of the rules.
• An opportunity for the public to offer comments on proposed rules.
• A limited opportunity for both the Governor and the General Assembly to exercise oversight over the rulemaking process.
• A publication process to widely distribute final rules and to provide for the codification of the rules.
Administrative rules are mostly proposed by agencies of the Executive Branch of the state and others, such as the Department on Aging, Corrections Department, Natural Resources Department, etc. These rules govern their specific agencies and the jurisdiction of those agencies.
In contrast, a bill is a proposed law presented by an individual legislator or group of legislators. A law is legislation that has been passed by both the House and Senate and has been signed by the Governor. The Iowa Code refers to the compiled document of all current laws.
What can administrative rules cover?
According to the Legislative Services Agency, the Iowa Supreme Court has stated that “an administrative agency does not have any independent lawmaking power. An agency has only that authority which is either expressly or by necessary implication delegated to that agency by statute.” An agency also cannot use its rulemaking authority to expand its scope of authority.
Oversight of the rulemaking process:
The rulemaking process is overseen by multiple government entities including the General Assembly, Governor, and Attorney General.
General Assembly (Legislature). Agencies do not have independent rulemaking authority, they only have the authority which is delegated to them by an act of the General Assembly. The General Assembly can modify or restrict an agency’s rulemaking authority in general or as it relates to a particular subject by
enactment of regular legislation. The General Assembly can also nullify any rule through a joint resolution approved by both chambers.
Governor. The Governor holds the "supreme executive power" in Iowa under the Iowa Constitution and has a constitutional mandate to direct the operations of the executive branch.
Administrative Rules Coordinator (ARC). The ARC is established in the Governor’s office and provides the Governor with direct control and oversight of the rulemaking process. The ARC generally advises the Governor on rulemaking matters, assigns ARC numbers to all rule filings for tracking purposes, and facilitates the Governor’s review of rule filings. Notices of intended action are approved by the ARC before publication in the Iowa Administrative Bulletin (IAB).
Administrative Rules Review Committee (ARRC). This legislative committee provides general oversight of the rulemaking process on behalf of the whole General Assembly.
Attorney General. The Attorney General maintains an attorney-client relationship with agencies and advises them on rulemaking matters. In addition to providing legal advice, the Attorney General can object to rules and object to the use of certain emergency rulemaking procedures.
Read more about rulemaking oversight here.
Read more about administrative rules here.
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