Call to Order
Chairperson Dick Stoffer called the meeting to order at 1:30 pm with
a quorum present.
Waiver of Rules
In March 1999, Governor Vilsack signed Executive Order No. 11. The
purpose of the Executive Order was to increase flexibility in state
agency rules to allow for a waiver in unusual or specific circumstance.
The rule making process was started but put on hold when the legislature
convened and expressed an interest in taking a closer look at the
Order. Legislation was enacted making some minor changes.
Ms. Seib explained the agency currently has a Waiver of Rule and has
waived rules in the past. Executive Order No. 11 asks agencies to
use uniform language to achieve consistency throughout state government.
It appears that the new rule will allow agencies more flexibility.
The agency’s Assistant Attorney General, John Lundquist, has
reviewed the rule and the rule has been noticed. No public comment
has been received.
Ms. Seib asked the Commission to rescind the current waiver of rule,
185-1.3, and to adopt a new chapter with regard to waiver of rules.
The waiver will allow the agency to waive a rule when there is no
statutory provision. The rule will be exercised with caution and
in a very narrow or limited scope.
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Daryl Henze moved that the current rule, 185-1.3,
be rescinded and that the Commission adopt the proposed new
chapter with regard to waiver of rules. Shirley Daggett seconded
the motion. Discussion ensued. Motion carried unanimously. |
New Appointments
Lynn Walding congratulated Dick Stoffer on being reappointed to another
5-year term on the Commission assuming Senate confirmation. In addition,
Gayle Collins from Des Moines has been appointed to serve a 5-year
term on the Commission commencing May 1st.
Future Meetings
The next Commission meeting will be held in the Oak Room of the Iowa
State Memorial Union on April 19, 2001 at 1:00 pm. The main focus
of the meeting will be a student forum on binge drinking on college
campuses. In addition, the Commission will address the issue of dram
shop insurance. Mr. Walding explained that Iowa currently has the
lowest limit requirement of any state that requires dram shop insurance.
The industry had a bill in the legislature to exempt third party liability;
however, the legislation did not make it through the funnel.
Adjournment
The meeting adjourned at 1:45 pm.
DARYL K. HENZE, Secretary
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