Administrative Rule
Dec 22, 2008 20:30:21 GMT -6
Post by x-demoman on Dec 22, 2008 20:30:21 GMT -6
I contacted a friend who is familiar with the DNR rules and regs and what they can do. Here is the way I understand how Administrative Rule works.
In the Code of Iowa in the chapter that deals with the Dept of Natural Resources there is a section that tells the DNR they CAN create Rules, that have the full effect of law, to help them accomplish the tasks assigned to them. This give them a means of control so they do not have to address the Legislature of every item they want to implement. This does not give them the power to change any laws. All Rules have Legislative oversite through the Legislative Rules Review Committee. Hopefully this will help everyone understand what we mean when we talk about Administrative Rule. This is a very simplified explaination but is a good overview of the process.
If the DNR asks the Legislature to create, delete, or alter an existing law, they then open that section of the Iowa Code that contains the law in question and it is debated on the floor of each body of the legislature. At that point ANY Legislator or special interest group can offer amendments OR their version of the changes they would like to see implemented. This is where the tricks, smoke and mirrors and other tactics come into play.
The ITA has in the past and I think will continue in the future to pursue any desired changes by Administrative Rule and avoid opening the Code. When the Code is opened ANYTHING can happen.
I am by no means a lawyer and do not know all the ins and outs of the Legistative process even tho I have been involved with it for the past 30+ years. I both respect and fear what they can do.
Gene
In the Code of Iowa in the chapter that deals with the Dept of Natural Resources there is a section that tells the DNR they CAN create Rules, that have the full effect of law, to help them accomplish the tasks assigned to them. This give them a means of control so they do not have to address the Legislature of every item they want to implement. This does not give them the power to change any laws. All Rules have Legislative oversite through the Legislative Rules Review Committee. Hopefully this will help everyone understand what we mean when we talk about Administrative Rule. This is a very simplified explaination but is a good overview of the process.
If the DNR asks the Legislature to create, delete, or alter an existing law, they then open that section of the Iowa Code that contains the law in question and it is debated on the floor of each body of the legislature. At that point ANY Legislator or special interest group can offer amendments OR their version of the changes they would like to see implemented. This is where the tricks, smoke and mirrors and other tactics come into play.
The ITA has in the past and I think will continue in the future to pursue any desired changes by Administrative Rule and avoid opening the Code. When the Code is opened ANYTHING can happen.
I am by no means a lawyer and do not know all the ins and outs of the Legistative process even tho I have been involved with it for the past 30+ years. I both respect and fear what they can do.
Gene