Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

1. Prior to the adoption, amendment, or repeal of any rule an agency shall: a. Give notice of its intended action by submitting the notice to the administrative rules coordinator and the administrative code editor. The administrative rules coordinator shall assign an ARC number t…

1. An agency shall issue a regulatory analysis of a proposed rule that complies with subsection 2 , paragraphs “a” and “b” , prior to submitting a notice of intended action to the administrative rules coordinator and the administrative code editor pursuant to section 17A.4, subse…

1. a. “Benefit” means the reasonably identifiable and quantifiable positive effect or outcome that is expected to result from implementation of a rule. b. “Cost” means reasonably identifiable, significant, direct or indirect, economic impact that is expected to result from implem…

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 administ…

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.…

1. Subject to the direction of the administrative rules coordinator, each agency shall make available to the public a uniform, searchable, and user-friendly rules database, published on an internet site. 2. An agency’s rulemaking internet site shall also make available to the pub…

1. The department of management shall establish and maintain a user-friendly state services fee database and internet site for use by the public. Each agency shall make available through the internet site the current fees, rates, and charges imposed by the agency on the public. 2…

When an agency establishes the amount of a license fee, application fee, or other fee, including any subsequent increase or decrease in the amount, the amount shall be specified in a notice of intended action and a rule adopted by the agency. This section does not apply when the …

1. An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within sixty days after submission of a petit…

1. There is created the “Administrative Rules Review Committee.” The committee shall be bipartisan and shall be composed of the following members: a. Three senators appointed by the majority leader of the senate and two senators appointed by the minority leader of the senate. b. …

1. a. Any person may petition an agency for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the agency. b. (1) An agency shall issue a declaratory order in response to a petition for that order…

1. Any person may petition an agency for a waiver from the requirements of a rule, pursuant to the requirements of this section , if the agency has established by rule an application, evaluation, and issuance procedure permitting waivers. An agency shall not grant a petition for …

State agencies, local governments, and other public entities shall consider and may apply the following principles during deliberation of all appropriate planning, zoning, development, and resource management decisions, except that nothing in this section shall be construed to ex…

1. For the purposes of this chapter , unless the context otherwise requires: a. (1) “Development” means any of the following: (a) Construction, reconstruction, renovation, mining, extraction, dredging, filling, excavation, or drilling activity or operation. (b) Man-made changes i…

As used in this chapter : 1. “Diversity, equity, and inclusion” includes any of the following: a. Any effort to manipulate or otherwise influence the composition of the employees or student body with reference to race, sex, color, or ethnicity, apart from ensuring colorblind and …

1. A state entity shall not expend any moneys appropriated by the general assembly or any other moneys derived from bequests, charges, deposits, donations, endowments, fees, grants, gifts, income, receipts, tuition, or any other source to establish, sustain, support, or staff a d…

1. Any person may notify the attorney general of a state entity’s potential violation of section 19.2 . The attorney general may bring an action against a state entity for a writ of mandamus to compel the state entity to comply with section 19.2 . 2. A student enrolled in a publi…

As used in this chapter unless the context otherwise requires: 1. “Affirmative action” means action appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity. 2. “State agency” means an office, bureau, division, …

1. It is the policy of this state to provide equal opportunity in school district, area education agency, and community college employment to all persons. An individual shall not be denied equal access to school district, area education agency, or community college employment opp…

A state employee shall not sexually harass another state employee, a person in the care or custody of the state employee or a state institution, or a person attending a state educational institution. This section applies to full-time, part-time, or temporary employees, to inpatie…

1. It is the policy of this state to provide equal opportunity in state employment to all persons. An individual shall not be denied equal access to state employment opportunities because of race, creed, color, religion, national origin, sex, age, or physical or mental disability…

1. The department of administrative services is responsible for the administration and promotion of equal opportunity and affirmative action efforts in the recruitment, appointment, assignment, and advancement of personnel by all state agencies except the state board of regents a…

1. Each state agency, including the state board of regents and its institutions, shall annually prepare an affirmative action plan. State agencies other than the state board of regents and its institutions shall submit their plans to the department of administrative services by J…

1. The head of each state agency other than the state board of regents and its institutions is personally responsible for submitting by July 31 an annual report of the affirmative action accomplishments of that agency to the department of administrative services. 2. The departmen…

The department of administrative services shall oversee the implementation of sections 19B.1 through 19B.5 and shall work with the governor to ensure compliance with those sections, including the attainment of affirmative action goals and timetables, by all state agencies, exclud…

1. Except as otherwise provided in subsection 2 , the department of administrative services is responsible for the administration and promotion of equal opportunity in all state contracts and services and the prohibition of discriminatory and unfair practices within any program r…

The department of administrative services may impose appropriate sanctions on individual state agencies, including the state board of regents and its institutions, and upon a community college, area education agency, or school district, in order to ensure compliance with state pr…

1. The general assembly declares that it is the public policy of the state to promote harmonious and cooperative relationships between government and its employees by permitting public employees to organize and bargain collectively; to protect the citizens of this state by assuri…

1. It shall be a prohibited practice for any public employer, public employee, or employee organization to refuse to negotiate in good faith with respect to the scope of negotiations as defined in section 20.9 . 2. It shall be a prohibited practice for a public employer or the em…

1. Proceedings against a party alleging a violation of section 20.10 shall be commenced by filing a complaint with the board within ninety days of the alleged violation, causing a copy of the complaint to be served upon the accused party. The accused party shall have ten days wit…

1. It shall be unlawful for any public employee or any employee organization, directly or indirectly, to induce, instigate, encourage, authorize, ratify, or participate in a strike against any public employer. 2. It shall be unlawful for any public employer to authorize, consent …

1. Board determination of an appropriate bargaining unit shall be upon petition filed by a public employer, public employee, or employee organization. 2. Within thirty days of receipt of a petition, the board shall conduct a public hearing, receive written or oral testimony, and …

1. Board certification of an employee organization as the exclusive bargaining representative of a bargaining unit shall be upon a petition filed with the board by a public employer, public employee, or an employee organization and an election conducted pursuant to section 20.15 …

1. Initial certification elections. a. Upon the filing of a petition for certification of an employee organization, the board shall submit a question to the public employees at an election in the bargaining unit found appropriate by the board. The question on the ballot shall per…

Upon the receipt by a public employer of a request from an employee organization to bargain on behalf of public employees, the duty to engage in collective bargaining shall arise if the employee organization has been certified by the board as the exclusive bargaining representati…

1. The employee organization certified as the bargaining representative shall be the exclusive representative of all public employees in the bargaining unit and shall represent all public employees fairly. However, any public employee may meet and adjust individual complaints wit…

1. An agreement with an employee organization which is the exclusive representative of public employees in an appropriate unit may provide procedures for the consideration of public employee and employee organization grievances over the interpretation and application of agreement…

1. As the first step in the performance of their duty to bargain, the public employer and the employee organization shall endeavor to agree upon impasse procedures. Such agreement shall provide for implementation of these impasse procedures not later than one hundred twenty days …

This chapter shall be known as the “Public Employment Relations Act” . [C75, 77, 79, 81, §20.2 ]

In the absence of an impasse agreement negotiated pursuant to section 20.19 or the failure of either party to utilize its procedures, one hundred twenty days prior to the certified budget submission date, or one hundred twenty days prior to May 31 of the year when the collective …

1. If an impasse persists ten days after the mediator has been appointed, the board shall have the power, upon request of either party, to arrange for arbitration, which shall be binding. The request for arbitration shall be in writing and a copy of the request shall be served up…

Any employee organization and public employer may sue or be sued as an entity under the provisions of this chapter . Service upon the public employer shall be in accordance with law or the rules of civil procedure. Nothing in this chapter shall be construed to make any individual…

The board shall by rule establish an electronic filing system for the filing or service of any notice or other document required or permitted by law to be filed with or served on or filed or served by the board. Unless otherwise provided by law, the board may by rule require the …

1. Every employee organization which is certified as a representative of public employees under the provisions of this chapter shall file with the board a registration report, signed by its president or other appropriate officer. The report shall be in a form prescribed by the bo…

1. An employee organization shall not make any direct or indirect contribution out of the funds of the employee organization to any political party or organization or in support of any candidate for elective public office. 2. Any employee organization which violates the provision…

If any provision of this chapter jeopardizes the receipt by the state or any of its political subdivisions of any federal grant-in-aid funds or other federal allotment of money, the provisions of this chapter shall, insofar as the fund is jeopardized, be deemed to be inoperative.…