Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.112 - Petitions for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person or agency may file a petition for rule making with
				the secretary at the location specified in rule 661-400.6(97A). A petition is
				deemed filed when it is received by the secretary. The secretary shall provide
				the petitioner with a file-stamped copy of the petition if the petitioner
				provides the agency an extra copy for this purpose. The secretary shall
				transmit a copy of the petition to the agency rules administrator. The petition
				must be typewritten or legibly handwritten in ink and should substantially
				conform to the following form:
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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			 portion or portions of the rule proposed to be amended or repealed.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 board'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 401.112(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 board may deny a petition because it
			 does not substantially conform to the required form. However, the board may
			 consider any petition received, regardless of errors or variations in form,
			 provided that the content of the request for rule making is clear or has been
			 clarified through communication with the petitioner. Denial of a 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 board's rejection of the petition.
(3) The petitioner may attach a brief to the
			 petition in support of the action urged in the petition. The board may request
			 a brief from the petitioner or from any other person concerning the substance
			 of the petition.
(4) Inquiries
			 concerning the status of a petition for rule making may be made to the Agency
			 Rules Administrator, Department of Public Safety, State Public Safety
			 Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319, or via
			 electronic mail at
admrule@dps.state.ia.us
.
(5) Upon request by petitioner in the
			 petition, the chair of the board may schedule a brief and informal meeting
			 between the petitioner and the board, a member of the board, the secretary, or
			 other staff of the department to discuss the petition. Such meeting shall
			 include the agency rules administrator of the department or another employee of
			 the department knowledgeable about the administrative rule-making process who
			 is jointly designated by the agency rules administrator and the director of the
			 administrative services division of the department. The board may request the
			 petitioner to submit additional information or argument concerning the
			 petition. The board 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 board by any person.
(6) Within 60 days after the filing of the
			 petition, or within any longer period agreed to by the petitioner, the board
			 shall, 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 will institute rule-making proceedings on the subject of the petition.
			 Notice shall be sent by the secretary to the petitioner by regular mail.
			 Petitioner shall be deemed notified of the denial or granting of the petition
			 on the date when the secretary mails the required notification to the
			 petitioner.
(7) Inquiries
			 concerning the status of a petition for rule making may be made to the Agency
			 Rules Administrator, Department of Public Safety, State Public Safety
			 Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319, or by
			 electronic mail to
admrule@dps.state.ia.us
.
[Editorial change: IAC Supplement 6/17/09]