Iowa Admin. Code r. 129-4.1

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 129-4.1 - Petition for declaratory order

(1)Filing. Any person may file a petition with the office for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the office of the chief information officer at Office of the Chief Information Officer, Hoover State Office Building, Level B, 1305 East Walnut Street, Des Moines, Iowa 50319. A petition is deemed filed when it is received by the office. The office shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the office with an extra copy for this purpose.

(2)Form. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

Click here to view Image

(3)Content. The petition must provide the following information:

a. A clear and concise statement of all relevant facts on which the order is requested.

b. A citation and the relevant language of the specific statutes, rules, policies, decisions, or orders whose applicability is questioned, and any other relevant law.

c. The questions the petitioner wants answered, stated clearly and concisely.

d. The answers to the questions desired by the petitioner and a summary of the reasons urged by the petitioner in support of those answers.

e. The reasons for requesting the declaratory order and disclosure of the petitioner's interest in the outcome.

f. 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 directed by, are pending determination by, or are under investigation by any governmental entity.

g. 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 in the petition.

h. Any request by petitioner for a meeting provided for by rule 129-4.7(8B,17A).

(4)Additional requirements. The petition must:

a. Be dated and signed by the petitioner or the petitioner's representative;

b. Include the name, mailing address, and telephone number of the petitioner and petitioner's representative; and

c. Include a statement indicating the person to whom communications concerning the petition should be directed.

Iowa Admin. Code r. 129-4.1

Adopted by IAB May 25, 2016/Volume XXXVIII, Number 24, effective 6/29/2016