Iowa Admin. Code r. 497-1.2 - Requirements for requesting board advisory opinions

(1) Jurisdiction. The board will only accept requests for and issue advisory opinions pertaining to Iowa Code chapters 21 and 22, or rules adopted thereunder. The board shall not have jurisdiction over the judicial or legislative branches of state government or any entity, officer, or employee of those branches, or over the governor or the office of the governor.

(2) Who may request an advisory opinion. Any person may request a board advisory opinion construing or applying Iowa Code chapters 21, 22, and 23. An authorized agent may seek an opinion on behalf of any person. The board will not issue an opinion to an unauthorized third party. The board may on its own motion issue opinions without receiving a formal request. The board may issue declaratory orders with the force of law pursuant to Iowa Code section 17A.9.

(3) Form of request. The request for an advisory opinion shall pose specific legal questions and should describe any specific facts relating to the questions posed. Requests shall be sent to the board as provided in subrule 1.3(1).

This rule is intended to implement Iowa Code section 23.6.

Notes

Iowa Admin. Code r. 497-1.2

ARC 0741C, IAB 5/15/2013, effective 7/1/2013 Amended by IAB August 5, 2015/Volume XXXVIII, Number 03, effective 9/9/2015 Amended by IAB October 24, 2018/Volume XLI, Number 9, effective 11/28/2018