Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.18 - Petition for Rulemaking

Current through Register Vol. 47, No. 3, July 24, 2024
Any interested person or agency may file a petition for
				rulemaking with the commission. The petition for rulemaking shall be filed in
				the Racing and Gaming Commission Office, 6200 Park Avenue, Suite 100, Des
				Moines, Iowa 50321. The petition shall either be mailed certified, return
				receipt requested, or may be delivered in person. An additional copy may be
				provided if the petitioner wishes to retain a file-stamped copy of the
				petition. The petition may be either typewritten or legibly printed in ink and
				must substantially conform to the following form:
RACING AND GAMING COMMISSION
6200 Park Avenue, Suite 100
Des Moines, Iowa 50321
Petition by (Name of Petitioner) for the (adoption,
						  amendment, or repeal) of rules relating to (state subject matter).
}
PETITION FOR RULEMAKING
The petition must provide the following information:
1. A statement of the specific rulemaking
			 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			 portion or portions of the rule proposed to be amended or repealed.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 commission'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.
Petitioner's signature
(1)
Petition signed.
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)
Deny
			 petition.
The commission may deny a petition because it does not
			 substantially conform to the required form.
(3)
Procedure after petition is
			 filed.
Upon filing of the petition, the administrator shall inspect
			 the petition to ensure substantial compliance with the recommended form. If the
			 petition does not contain the text or substance of the proposed amendment or
			 fails to include copies of any cited statute, rule, or evidence, the
			 administrator may reject the petition and return it to the petitioner along
			 with the reasons for the rejection. Petitioner may then correct the reasons for
			 rejection and refile the petition. A petition in substantial compliance with
			 the recommended form shall be filed and stamped, and copies promptly sent to
			 the commission members for further study.
(4)
Commission action.
Within 60 days of the filing of a petition, the commission shall meet to
			 consider the petition and shall either grant the petition and commence
			 rulemaking, or deny the petition and notify the petitioner in writing of the
			 grounds for the denial.
(5)
Copies to administrative rules review committee.
Petitions for
			 rulemaking and the disposition of such petitions shall be provided to the
			 administrative rules review committee.