Iowa Admin. Code r. 491-2.18
Current through Register Vol. 47, No. 6, September 18, 2024
Rule 491-2.18 - Petition for rulemakingAny interested person or agency may file a petition for rulemaking with the commission. The petition for rulemaking shall be filed in the Racing and Gaming Commission Office, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321. The petition shall either be mailed certified, return receipt requested, or may be delivered in person. An additional copy may be provided if the petitioner wishes to retain a file-stamped copy of the petition. The petition may be either typewritten or legibly printed in ink and must substantially conform to the following form:
RACING AND GAMING COMMISSION 6200 Park Avenue, Suite 100 Des Moines, Iowa 50321 |
Petition by (Name of Petitioner) for the (adoption, amendment, or repeal) of rules relating to (state subject matter). | } | PETITION FOR RULEMAKING |
The petition must provide the following information:
1. A statement of the specific rulemaking action sought by the petitioner including the text or a summary of the contents of the proposed rule or amendment to a rule and, if it is a petition to amend or repeal a rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.2. A citation to any law deemed relevant to the commission's authority to take the action urged or to the desirability of that action.3. A brief summary of petitioner's arguments in support of the action urged in the petition.4. A brief summary of any data supporting the action urged in the petition.5. The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the proposed action which is the subject of the petition. Petitioner's signature
(1)Petition signed. The petition must be dated and signed by the petitioner or the petitioner's representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner's representative and a statement indicating the person to whom communications concerning the petition should be directed.(2)Deny petition. The commission may deny a petition because it does not substantially conform to the required form.(3)Procedure after petition is filed. Upon filing of the petition, the administrator shall inspect the petition to ensure substantial compliance with the recommended form. If the petition does not contain the text or substance of the proposed amendment or fails to include copies of any cited statute, rule, or evidence, the administrator may reject the petition and return it to the petitioner along with the reasons for the rejection. Petitioner may then correct the reasons for rejection and refile the petition. A petition in substantial compliance with the recommended form shall be filed and stamped, and copies promptly sent to the commission members for further study.(4)Commission action. Within 60 days of the filing of a petition, the commission shall meet to consider the petition and shall either grant the petition and commence rulemaking, or deny the petition and notify the petitioner in writing of the grounds for the denial.(5)Copies to administrative rules review committee. Petitions for rulemaking and the disposition of such petitions shall be provided to the administrative rules review committee.Iowa Admin. Code r. 491-2.18
ARC 0734C, IAB 5/15/2013, effective 6/19/2013Amended by IAB February 10, 2021/Volume XLIII, Number 17, effective 3/17/2021Editorial change: IAC Supplement 3/6/2024