A petition requesting the adoption, amendment, or repeal of a
rule shall be filed with the department of education at the Grimes State Office
Building, Second Floor, Des Moines, Iowa 50319-0146. A petition is deemed filed
when it is received by that office. The department of education shall provide
the petitioner with a file-stamped copy of the petition if the petitioner
provides the department an extra copy for this purpose.
(1)
Form. The petition must
be typewritten or legibly handwritten in ink and must substantially conform to
the following form:
DEPARTMENT OF EDUCATION
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The petition must provide the following information:
1. A clear and concise statement of all
relevant facts on which the petition is based.
2. The precise citation to the present rule
if the petition is for the amendment or repeal of the same.
3. A citation and the relevant language of
the specific statutes, rules, policies, decisions, or orders, and any other
relevant law.
4. A summary of the
reasons for requesting the adoption, amendment or repeal of a rule.
5. Full disclosure of the petitioner's
interest in the outcome of the petition.
6. A statement indicating whether the
petitioner is currently a party to another proceeding involving the issue(s)
raised by the petition and whether, to the petitioner's knowledge, those issues
have been decided by, are pending determination by, or are under investigation
by, any other 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 issue(s) presented in the petition.
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)
Response to petition.
Within 60 days after submission of a petition, the agency either shall deny the
petition in writing on the merits, stating its reasons for the denial, or
initiate rule-making proceedings in accordance with this chapter, or adopt a
rule if it is not required to be filed according to the procedures of this
chapter and Iowa Code section
17A.4(1).
The agency shall submit the petition and the disposition of the petition to the
administrative rules review committee.
