Any person may file a petition with the department for a
declaratory order as to the applicability to specified circumstances of a
statute, rule, or order within the primary jurisdiction of the department at
the Administrative Office, Department for the Blind, 524 Fourth Street, Des
Moines, Iowa 50309-2364. A petition is deemed filed when it is received by that
office. The department shall provide the petitioner with a file-stamped copy of
the petition if the petitioner provides the department an extra copy for this
purpose. The petition must be typewritten or legibly handwritten in ink and
must substantially conform to the following form:
BEFORE DEPARTMENT FOR THE BLIND
Petition by (Name of Petitioner) for a Declaratory Order on
(Cite provisions of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
relevant facts on which the order is requested.
2. A citation and the relevant language of
the specific statutes, rules, policies, decisions, or orders whose
applicability is questioned and any other relevant law.
3. The questions petitioner wants answered,
stated clearly and concisely.
4.
The answers to the questions desired by the petitioner and a summary of the
reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
order and disclosure of the petitioner's interest in the outcome.
6. 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.
7. 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 questions presented in
the petition.
8. Any request by
petitioner for a meeting provided for by rule
111-5.7 (17A).
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.
