Iowa Admin. Code r. 701-7.29
Current through Register Vol. 47, No. 13, December 25, 2024
Rule 701-7.29 - Petition for rule making(1)Filing, form, and contents of petition.a.Filing. Any person or agency may file a petition for rule making using one of the methods described in subrule 7.3(1).b.Department forms. A petition may be filed using the form available on GovConnectIowa or the form available on the department's website, tax.iowa.gov/forms.c.Manually created petitions.(1) Persons that do not use the form available on GovConnectIowa, or the form available on the department's website, shall follow the following format: Click here to view image
(2) The petition must provide the following information: 1. A statement of 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rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.2.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 department's authority to take the action urged or to the desirability of that action.3. A brief summary of the 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. A complete history of any prior contacts between the petitioner and the department relating to the activity affected by the proposed rule making, including audits, notices of assessment, refund claims, appeals, contested case hearings, or investigative reports relating to the activity within the last five years.6. The names and addresses of other persons, or a description of any class of persons, known by the petitioner to be affected by or interested in the proposed action which is the subject of the petition.7. Any request by the petitioner for a meeting.8. Any other matters deemed relevant that are not covered by the above requirements.d.File-stamped copy. The department will provide the petitioner with a file-stamped copy of the petition if the petitioner provides the department an extra copy for this purpose.(2)Form signed and dated. The petition must be signed and dated by the petitioner or the petitioner's representative. It must also include the name, mailing address, telephone number, and email address of the petitioner and of the petitioner's representative and a statement indicating the person to whom communications concerning the petition should be directed.(3)Denial by department. The department may deny a petition because it does not substantially conform to the required form or because all the required information has not been provided.(4)Briefs. The petitioner may attach a brief to the petition in support of the action urged in the petition. The department may request a brief from the petitioner or from any other person concerning the substance of the petition.(5)Status of petition. Inquiries concerning the status of a petition for rule making may be made to the department's administrative rules coordinator by mail at the address listed in paragraph 7.3(1)"c" or by email to the address provided in paragraph 7.3(1)"b."(6)Informal meeting. If requested in the petition by the petitioner, the department may schedule an informal meeting between the petitioner and the department, or a member of the staff of the department, to discuss the petition. The department may request that the petitioner submit additional information or argument concerning the petition. The department 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 department by any person.(7)Action required. Within 60 days after the filing of the petition, or within an extended period as agreed to by the petitioner, the department must, in writing, either: (a) deny the petition and notify the petitioner of the department's action and the specific grounds for the denial; or(b) grant the petition and notify the petitioner that the department has instituted rule-making proceedings on the subject of the petition. The petitioner shall be deemed notified of the denial of the petition or the granting of the petition on the date that the department mails or delivers the required notification to the petitioner. All orders granting or denying a petition shall be submitted to the administrative rules review committee.(8)New petition. Denial of a petition because the petition does not substantially conform to the required form does not preclude the filing of a new petition on the same subject when the new petition contains the required information that was the basis for the original denial. This rule is intended to implement Iowa Code chapter 17A.
Iowa Admin. Code r. 701-7.29
ARC 0251C, IAB 8/8/12, effective 9/12/12; ARC 5940C, IAB 10/6/21, effective 11/10/21; ARC 6988C, IAB 4/19/23, effective 5/24/23