Iowa Admin. Code r. 191-50.3

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 191-50.3 - Interpretative opinions or no-action letters

Interested persons may request the administrator to issue an interpretative opinion pursuant to Iowa Code section 5 02.605 (4). These requests will be answered by means of a no-action letter. Requests for confirmation of the availability of an exemption shall be answered in the same manner. The following procedure is recommended for the submission of such requests:

(1) The request should be in writing and include the factual situation involved, a citation to the applicable part of the rule or statute, and the question sought to be answered. Any disclosure or informational materials which pertain to the issue should also be filed.

(2) The administrator, or any person delegated under Iowa Code section 502601(1)., may respond to the request by determining to take or not to take a no-action position or by declining to reach a determination due to insufficient facts, conflicting case or administrative law or such other reasons as the administrator's discretionary power allows.

(3) All no-action determinations shall be based upon the representations made by the requesting party in the letter and information filed, since any different facts or conditions might require a different conclusion. The no-action letter shall express the administrator's position on enforcement action only and shall not purport to express any legal conclusion on the questions presented. No determination shall take a position on whether or not any disclosure materials satisfactorily comply with the antifraud and civil liability sections of the Act.

(4) A no-action determination issued under this rule may be provided to interested persons for a filing fee of $100.

This rule is intended to implement Iowa Code section 502.605(4).

Iowa Admin. Code r. 191-50.3

Amended by IAB December 21, 2016/Volume XXXIX, Number 13, effective 1/25/2017