Iowa Admin. Code r. 351-12.1

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

Rule 351-12.1 - Petition for declaratory order

(1)who may file. Any person may file a petition with the board for a declaratory order concerning the applicability of any statute, rule, policy, decision, or order within the primary jurisdiction of the board.

(2)Place of filing. A petition for a declaratory order shall be filed with the board at 510 East 12th Street, Suite 1A,Des Moines, Iowa 50319. A petition may also be filed by fax at(515)281-3701. A copy of the petition and any supporting documents shall be filed with any party of record to the declaratory order proceeding.

(3)Petition deemed filed. A petition is deemed filed when it is received by the board. The board shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the board an extra copy for this purpose.

(4)Form of petition. The petition shall be typewritten or legibly handwritten in ink and shall provide the following information:

a. A statement that the document is a petition for a declaratory order

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

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

d. The questions petitioner wants answered, stated clearly and concisely.

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

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

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

h. 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.

i. Any request by petitioner for a meeting provided for by rule 351-12.6 (17A,68B).

j. The name, mailing address, and telephone number of the petitioner and petitioner's representative if there is a representative.

k. A statement indicating the person to whom communications concerning the petition should be directed.

(5)Signature. The petition shall be dated and signed by the petitioner or the petitioner's representative.

Iowa Admin. Code r. 351-12.1