The Legislative Council staff operates the Rules Clearinghouse which acts as a
clearinghouse of rule drafting and cooperates with the agency and revisor to review the
proposed rule to ensure it meets state guidelines. For example, it is reviewed to ensure
that the agency has the statutory authority to promulgate the rule; that the rule is written
in proper form, style, and clear language; that it does not conflict or duplicate existing
rules, etc. (see Ch. 227.15[2]). The proposed rule is then sent to the appropriate
legislative standing committee. The Rules Clearinghouse assists standing committees in their
oversight of rulemaking. If a standing committee objects to a proposed rule, or portion of a
rule, it must be referred to the Joint Committee for Review of Administrative Rules which
may uphold or reverse the standing committee's action. If it concurs with the objection, it
introduces bills concurrently in both houses to prevent promulgation of the rule. If either
bill is enacted, the agency may not adopt the rule unless specifically authorized to do so
by subsequent legislative action. If the joint committee disagrees with the objection, it
may overrule the standing committee and allow the agency to adopt the rule, or it may
request the agency to modify the rule. The joint committee may suspend a rule after holding
a public hearing but only under certain specified conditions. If the legislature fails to
act at any point in the process the rule goes into effect. For additional information see
Administrative Rules Procedures Manual.
