1. In addition to other requirements imposed by Constitution or statute, each agency shall:
a. Make available for public inspection all rules, and make available for public inspection and index by subject, all other written statements of law or policy, or interpretations formulated, adopted, or used by the agency in the discharge of its functions. Except as otherwise required by Constitution or statute, or in the use of discovery under the Iowa rules of civil procedure or in criminal cases, an agency shall not be required to make available for public inspection those portions of its staff manuals, instructions, or other statements excluded from the definition of “rule” by section 17A.2, subsection 11, paragraph “f”.
b. Make available for public inspection and index by name and subject all final orders, decisions, and opinions: Provided that to the extent required to prevent a clearly unwarranted invasion of personal privacy or trade secrets, an agency shall delete identifying details when it makes available for public inspection any final order, decision, or opinion; however, in each case the justification for the deletion shall be explained fully in writing.
2. No agency rule or other written statement of law or policy, or interpretation, order, decision, or opinion is valid or effective against any person or party, nor shall it be invoked by the agency for any purpose, until it has been made available for public inspection and indexed as required by subsection 1, paragraphs “a” and “b”. This provision is not applicable in favor of any person or party who has actual timely knowledge thereof and the burden of proving such knowledge shall be on the agency. [C75, 77, 79, 81, §17A.3] 86 Acts, ch 1245, §2037; 98 Acts, ch 1202, §7, 46; 2024 Acts, ch 1169, §4 Referred to in §17A.9A, 22.7(15), 422.68, 904.602 \n
Notes of Decisions
City of Des Moines v. Emp. Appeal Bd., 722 N.W.2d 183 (Iowa 2006).
· cites it 18× “The administrative law judge entered a decision and proposed order affirming the violations concluding (1) the commissioner’s reliance on federal interpretations of its OSHA standards in deciding what violations may have occurred did not amount to rulemaking in violation of Iowa…”
Polk Cnty. Iowa v. Iowa State Appeal Bd., 330 N.W.2d 267 (Iowa 1983).
· cites it 8× “32 unlawfully delegate the power to pass a local or special law; *271 (4) whether failure to adopt rules as required by section 17A.3 invalidates the action of the Board; (5) whether the use of “final” in section 24.”
Young Plumbing & Heating Co. v. Iowa Nat. Resources Council, 276 N.W.2d 377 (Iowa 1979).
· cites it 7× “In their petition for review, they alleged that the application of the proposed rule by the Council in the permit proceedings was violative of § 17A.3(2), The Code 1975, which provides that no agency rule is valid or effective against any party nor shall it be invoked by the…”
Receivership of Farmers State Bank v. Bernau, 433 N.W.2d 734 (Iowa 1988).
· cites it 20× “In essence, the bank contends that the rule-making requirements of Iowa Code section 17A.3 compel the agency to define such terms as "impaired capital" and "conducting business in an unsafe or unsound manner" in order to proceed legally under the banking statutes.”
Ford v. Iowa Dep't of Human Servs., 500 N.W.2d 26 (Iowa 1993).
· cites it 8× “Abuse of this discretion may be shown where agencies authoritatively cite rules that are published in employee manuals and the like but have not been adopted in accordance with section 17A.3. Thus in Anderson v. Iowa Department of Human Services, 368 N.”
Off. of Consum. Advocate v. Iowa Utils. Bd., 744 N.W.2d 640 (Iowa 2008).
· cites it 4× “Making policy by ad hoc decisions on a case-by-case basis is contrary to the legislative intent of Iowa Code section 17A.3(c). Id. 16-19 . IV. Disposition.”
Doe v. Iowa Dep't of Human Servs., 786 N.W.2d 853 (Iowa 2010).
· cites it 2× “Iowa Code § 17A.3 (1999). Therefore, if we were to hold the legislature’s general grant of rulemaking authority in and of itself gives an agency interpretive powers over the statutes it administers, we would make section 17A.”
McSpadden v. Big Ben Coal Co., 288 N.W.2d 181 (Iowa 1980).
· cites it 2× “8(1) confers upon the commissioner the duty “[t]o establish and enforce all necessary rules not in conflict with the provisions of this chapter and chapters 85, 85A and 87 for carrying out the purposes thereof,” and section 17A.3(l)(b) requires that all agencies adopt rules…”
City of Sioux City v. Iowa Dep't of Com., 584 N.W.2d 322 (Iowa 1998).
· cites it 4× “” Similarly, Iowa Code section 17A.3(l)(b) provides that each agency is empowered to '“[a]dopt rules of practice setting forth the nature and requirements of all formal and informal procedures available to the public.”
Hofmeyer v. Iowa Dist. Court for Fayette Cnty., 640 N.W.2d 225 (Iowa 2001).
· cites it 2× “They were printed in the Bulletin and made available upon inspection and request pursuant to Iowa Code section 17A.3(l)(d). This span of forty-five days was surely adequate to alert anyone who would sign the contract to the travel expense limitations.”
— Iowa Code § 17A.3(1) — 2 cases
— Iowa Code § 17A.3(1)(6) — 2 cases
City of Des Moines v. Emp. Appeal Bd., 722 N.W.2d 183 (Iowa 2006).
“The administrative law judge entered a decision and proposed order affirming the violations concluding (1) the commissioner’s reliance on federal interpretations of its OSHA standards in deciding what violations may have occurred did not amount to rulemaking in violation of Iowa…”
— Iowa Code § 17A.3(1)(b) — 5 cases
— Iowa Code § 17A.3(1)(c) — 2 cases
Ford v. Iowa Dep't of Human Servs., 500 N.W.2d 26 (Iowa 1993).
“Abuse of this discretion may be shown where agencies authoritatively cite rules that are published in employee manuals and the like but have not been adopted in accordance with section 17A.3. Thus in Anderson v. Iowa Department of Human Services, 368 N.”
— Iowa Code § 17A.3(2) — 7 cases
Young Plumbing & Heating Co. v. Iowa Nat. Resources Council, 276 N.W.2d 377 (Iowa 1979).
“In their petition for review, they alleged that the application of the proposed rule by the Council in the permit proceedings was violative of § 17A.3(2), The Code 1975, which provides that no agency rule is valid or effective against any party nor shall it be invoked by the…”
Ford v. Iowa Dep't of Human Servs., 500 N.W.2d 26 (Iowa 1993).
“Abuse of this discretion may be shown where agencies authoritatively cite rules that are published in employee manuals and the like but have not been adopted in accordance with section 17A.3. Thus in Anderson v. Iowa Department of Human Services, 368 N.”
— Iowa Code § 17A.3(c) — 2 cases
Off. of Consum. Advocate v. Iowa Utils. Bd., 744 N.W.2d 640 (Iowa 2008).
“Making policy by ad hoc decisions on a case-by-case basis is contrary to the legislative intent of Iowa Code section 17A.3(c). Id. 16-19 . IV. Disposition.”
— Iowa Code § 17A.3(l)(b) — 8 cases
McSpadden v. Big Ben Coal Co., 288 N.W.2d 181 (Iowa 1980).
“8(1) confers upon the commissioner the duty “[t]o establish and enforce all necessary rules not in conflict with the provisions of this chapter and chapters 85, 85A and 87 for carrying out the purposes thereof,” and section 17A.3(l)(b) requires that all agencies adopt rules…”
City of Sioux City v. Iowa Dep't of Com., 584 N.W.2d 322 (Iowa 1998).
“” Similarly, Iowa Code section 17A.3(l)(b) provides that each agency is empowered to '“[a]dopt rules of practice setting forth the nature and requirements of all formal and informal procedures available to the public.”
— Iowa Code § 17A.3(l)(c) — 1 case
Off. of Consum. Advocate v. Iowa Utils. Bd., 744 N.W.2d 640 (Iowa 2008).
“Making policy by ad hoc decisions on a case-by-case basis is contrary to the legislative intent of Iowa Code section 17A.3(c). Id. 16-19 . IV. Disposition.”
— Iowa Code § 17A.3(l)(d) — 1 case
Hofmeyer v. Iowa Dist. Court for Fayette Cnty., 640 N.W.2d 225 (Iowa 2001).
“They were printed in the Bulletin and made available upon inspection and request pursuant to Iowa Code section 17A.3(l)(d). This span of forty-five days was surely adequate to alert anyone who would sign the contract to the travel expense limitations.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.