Iowa Administrative Code › Agency 877 - Workforce Development Board and Workforce Development Center Administration Division › Chapter 26 - Petitions › Rule 877-26.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition for rule making with Department
				of Workforce Development, 1000 East Grand Avenue, Des Moines, Iowa 50319. A
				petition is deemed filed when it is received by that office. The agency must
				provide the petitioner with a file-stamped copy of the petition if the
				petitioner provides the agency an extra copy for this purpose. The petition
				must be typewritten, or legibly handwritten in ink, and must substantially
				conform to the following form:
DEPARTMENT OF WORKFORCE DEVELOPMENT DIVISION OF WORKFORCE
				DEVELOPMENT CENTER ADMINISTRATION
Petition by (Name of Petitioner) for the (adoption, amendment,
				or repeal) of rules relating to (state the subject matter).
}
PETITION FOR RULE MAKING
The petition must provide the following information:
1. A statement to 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			 repealed.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 agency'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 26.1(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 agency may deny a petition because it
			 does not substantially conform to the required form.
(3) Briefs. The petitioner may attach a brief
			 to the petition in support of the action urged in the petition. The agency may
			 request a brief from the petitioner or from any other person concerning the
			 substance of the petition.
(4)
			 Inquiries. Inquiries concerning the status of a petition for rule making may be
			 made to the Director, Department of Workforce Development, 1000 East Grand
			 Avenue, Des Moines, Iowa 50319.
(5)
			 Agency consideration.
a. Within 14 days after
			 the filing of a petition, the agency must submit a copy of the petition and any
			 accompanying brief to the administrative rules coordinator and to the
			 administrative rules review committee. Upon request by petitioner in the
			 petition, the agency must schedule a brief and informal meeting between the
			 petitioner and the agency, a member of the agency, or a member of the staff of
			 the agency to discuss the petition. The agency may request the petitioner to
			 submit additional information or argument concerning the petition. The agency
			 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 agency
			 by any person.
b. Within 60 days
			 after the filing of the petition, or within any longer period agreed to by the
			 petitioner, the agency must, 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 has instituted rule-making proceedings
			 on the subject of the petition. Petitioner shall be deemed notified of the
			 denial or grant of the petition on the date when the agency mails or delivers
			 the required notification to petitioner.
c. Denial of 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
			 agency's rejection of the petition.
This rule is intended to implement Iowa Code section 17A.7 and
				chapter 96.