Iowa Code

Iowa Code § 17A.5 (2026)

Filing and taking effect of rules

✓ current as of July 2026
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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 code editor shall keep a permanent electronic 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 any of the following:

(a) That a statute so provides.

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

(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 adopted 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\n\nTue Dec 09 22:32:44 2025 Iowa Code 2026, Chapter 17A (50, 1) §17A.5, IOWA ADMINISTRATIVE PROCEDURE ACT 10\n\nknown 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; 2018 Acts, ch 1041, §7; 2020 Acts, ch 1090, §4; 2023 Acts, ch 70, §7, 14 Referred to in §2B.5A, 2B.17, 17A.4, 17A.4B, 17A.6, 17A.8, 35A.13, 100B.22, 124.201A, 135C.2, 163.2A, 214A.2, 249.9A, 249A.3, 249A.20A, 249A.21, 267.6, 505.18A, 519A.4 \n

Notes of Decisions
Cited in 2 cases, 1976–2014 · leading case: Iowa Dep't of Revenue v. Iowa Merit Emp. Comm'n, 243 N.W.2d 610 (Iowa 1976).
Iowa Dep't of Revenue v. Iowa Merit Emp. Comm'n, 243 N.W.2d 610 (Iowa 1976). “Pursuant to §§ 17A.5 and 17A.6, The Code 1973 (now repealed) the attorney general was required to pass upon the validity of an agency rule before formal adoption thereof.”
Exceptional Persons, Inc., New Choices, Inc., Handicapped Dev. Ctr., Lifeworks Cmty. Servs., Candeo, Vocational Dev. Ctr., Inc., Nishna Prods., Inc., & Krysilis, Inc. v. Iowa Dep't of Human Servs. (Iowa Ct. App. 2014). · cites it 12× “4, subsection 3, and section 17A.5, subsection 2, paragraph ‘b’ [relating to effective date].”
— Iowa Code § 17A.5(1) — 1 case
— Iowa Code § 17A.5(2)(b) — 1 case
— Iowa Code § 17A.5(2)(b)(2) — 1 case
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