Any person may file a petition with the agency for a
declaratory order regarding the applicability to specified circumstances of a
statute, rule, or order within the primary jurisdiction of the agency. Such
petitions shall be addressed to the CEO or CEO's designee, IPERS, 7401 Register
Drive, P.O. Box 9117, Des Moines, Iowa 50306-9117. A petition is deemed filed
when it is received by the agency.
The agency shall provide the petitioner with a file-stamped
copy of the petition if the petitioner provides an extra copy for this purpose.
The petition must be typewritten or legibly handwritten in ink and must
substantially conform to the following form:
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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 pursuant to 19.7(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.
