Any person may file a petition for rule making with Department
of Workforce Development, 1000 East Grand Avenue, Des Moines, Iowa 50319. A
petition is deemed filed when it is received by that office. The agency must
provide the petitioner with a file-stamped copy of the petition if the
petitioner provides the agency 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 statement to the specific rule-making
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repealed.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 agency'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.
6. Any request by
petitioner for a meeting provided for by subrule 26.1(5).
(1) 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) The agency may deny a petition because it
does not substantially conform to the required form.
(3) Briefs. The petitioner may attach a brief
to the petition in support of the action urged in the petition. The agency may
request a brief from the petitioner or from any other person concerning the
substance of the petition.
(4)
Inquiries. Inquiries concerning the status of a petition for rule making may be
made to the Director, Department of Workforce Development, 1000 East Grand
Avenue, Des Moines, Iowa 50319.
(5)
Agency consideration.
a. Within 14 days after
the filing of a petition, the agency must submit a copy of the petition and any
accompanying brief to the administrative rules coordinator and to the
administrative rules review committee. Upon request by petitioner in the
petition, the agency must schedule a brief and informal meeting between the
petitioner and the agency, a member of the agency, or a member of the staff of
the agency to discuss the petition. The agency may request the petitioner to
submit additional information or argument concerning the petition. The agency
may also solicit comments from any person on the substance of the petition.
Also, comments on the substance of the petition may be submitted to the agency
by any person.
b. Within 60 days
after the filing of the petition, or within any longer period agreed to by the
petitioner, the agency must, in writing, deny the petition and notify
petitioner of its action and the specific grounds for the denial, or grant the
petition and notify petitioner that it has instituted rule-making proceedings
on the subject of the petition. Petitioner shall be deemed notified of the
denial or grant of the petition on the date when the agency mails or delivers
the required notification to petitioner.
c. Denial of petition because it does not
substantially conform to the required form does not preclude the filing of a
new petition on the same subject that seeks to eliminate the grounds for the
agency's rejection of the petition.
This rule is intended to implement Iowa Code section
17A.7 and chapter
96.
