Iowa Admin. Code r. 141-6.1

Current through Register Vol. 47, No. 11, November 27, 2024

Rule 141-6.1 - Petition for declaratory rulings

(1)Definition. As used in this chapter, "agency" means the office of the citizens' aide/ombudsman.

(2)Filing. Any person who has a real and direct interest in a specific factual situation that may affect their legal rights, duties or responsibilities under any statute, rule, other written statement of law, policy, or decision administered by the agency may file a petition with the agency for a declaratory ruling concerning the application or interpretation of any such statute, rule, other written statement of law, policy, or decision. The petition is deemed filed when it is received by the agency. The petition may be delivered in person or mailed to the Office of Citizens' Aide/Ombudsman, Ola Babcock Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319.

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

Office of the Citizens' Aide/Ombudsman

Petition by (Name of Petitioner))

for a Declaratory Ruling on)

(Cite provisions of law involved).)

PETITION FOR DECLARATORY RULING

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

b. A citation and the relevant text of the specific statute, rule, other written statement of law, policy, or decision whose applicability is questioned, and any other relevant law.

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

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

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

f. A statement indicating whether the questions at issue are being considered or have been considered in an investigative, rule-making, or another proceeding by the agency or any other governmental entity.

g. Any request by petitioner for a meeting provided for by rule 6.2(17A).

h. The signature, mailing address, and telephone number of the petitioner or the petitioner's representative.

(4)Briefs. The petitioner may attach a brief to the petition in support of the position urged in the petition.

Iowa Admin. Code r. 141-6.1