Iowa Admin. Code r. 191-4.8

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 191-4.8 - Petition for declaratory order

(1) Any person or agency may file a petition with the division for a declaratory order as to the applicability to specified circumstances of a statute, rule or order within the primary jurisdiction of the division.

(2) The petition must be submitted to the division at the address provided in rule 191-1.4 (502,505) or as instructed on the division's website.

(3) The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

Click here to view Image

(4) The petition for declaratory order must provide the following information in separate numbered paragraphs:

1. The petitioner's name, address, and telephone number.

2. The citation to and the exact words, passages, sentences, or paragraphs of the statute, rule, or order that is the subject of the petition.

3. A clear and concise statement of all relevant facts upon which the declaratory order is requested.

4. The questions the petitioner wants answered, stated clearly and concisely.

5. The answers to the questions desired by the petitioner and a summary of the reasons urged by the petitioner in support of those answers.

6. The reasons for requesting the declaratory order and disclosure of the petitioner's interest in the outcome.

7. A statement indicating whether the petitioner is currently a party to another proceeding involving the questions at issue and whether, to the petitioner's knowledge, those questions have been decided by, are pending determination by, or are under investigation by any governmental entity.

8. Any request by the petitioner for a meeting provided for by rule 191-4.14 (17A).

(5) The petition for declaratory order must be dated and signed by the petitioner or the petitioner's representative.

(6) If applicable, the petition must also include the name, mailing address, and telephone number of the petitioner's representative, and a statement indicating the person to whom communications concerning the petition should be directed.

(7) A petition is deemed filed when it is received by the division. The division must provide the petitioner with a file-stamped copy of the petition if the petitioner provides the division an extra copy for this purpose.

Iowa Admin. Code r. 191-4.8

Reserved by IAB November 20, 2019/Volume XLII, Number 11, effective 12/25/2019

Adopted by IAB March 20, 2024/Volume XLVI, Number 19, effective 4/24/2024