§ 14.19 — Deadline to Complete Rulemaking
Plain-Language Summary
An agency has 180 days after the administrative law judge's report to finish adopting a rule by publishing its notice of adoption in the State Register. If the agency misses this deadline, the rule is automatically withdrawn. The agency must then start the entire rulemaking process over if it still wants to adopt the rule.
14.19 DEADLINE TO COMPLETE RULEMAKING.
Within 180 days after issuance of the administrative law judge’s report or that of the chief administrative law judge, the agency shall submit its notice of adoption, amendment, or repeal to the State Register for publication. If the agency has not submitted its notice to the State Register within 180 days, the rule is automatically withdrawn. The agency may not adopt the withdrawn rules without again following the procedures of sections 14.05 to 14.28, with the exception of section 14.101, if the noncompliance is approved by the chief administrative law judge. The agency shall report to the Legislative Coordinating Commission, other appropriate committees of the legislature, and the governor its failure to adopt rules and the reasons for that failure. The 180-day time limit of this section does not include:
(1) any days used for review by the chief administrative law judge or the commission if the review is required by law;
(2) days during which the rule cannot be adopted, because of votes by legislative committees under section 14.126; or
(3) days during which the rule cannot be adopted because approval of the legislature is required under section 14.127.
History:
1980 c 615 s 11; 1981 c 253 s 18; 1982 c 424 s 130; 1983 c 210 s 10; 1984 c 640 s 32; 1995 c 233 art 2 s 19,56; 1997 c 98 s 10; 2001 c 106 s 11; 2001 c 179 s 7; 2005 c 156 art 2 s 10
**NOTE: **The Office of Administrative Hearings has been renamed the Court of Administrative Hearings. This terminology change will be implemented in the 2026 Statutes. Laws 2025, chapter 39, article 2, sections 17 and 68.
History: History: 1980 c 615 s 11; 1981 c 253 s 18; 1982 c 424 s 130; 1983 c 210 s 10; 1984 c 640 s 32; 1995 c 233 art 2 s 19,56; 1997 c 98 s 10; 2001 c 106 s 11; 2001 c 179 s 7; 2005 c 156 art 2 s 10