Iowa Administrative Code › Agency 821 - Voter Registration Commission › Chapter 1 - Organization, Purpose, Procedures and Definitions › Rule 821-1.8 - Petition 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 voter registration commission at the Secretary of State's Office, First
				Floor, State Capitol Building, Des Moines, Iowa 50319, or the Secretary of
				State's Office, Lucas State Office Building, Des Moines, Iowa 50319. A petition
				is deemed filed when it is received in either office. The state registrar 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:
Click here to
				view Image
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 to the particular portion or portions of the rule
			 proposed to be amended or repealed, together with a quotation of the relevant
			 language.
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.
6. Any request by
			 petitioner for a meeting provided for by subrule 1.8(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 (if one is involved), and a statement indicating the person to
			 whom communications concerning the petition should be directed.
(2) The commission may deny a petition
			 because it does not substantially conform to the required form.
(3) The petitioner may attach a brief to the
			 petition in support of the action urged in the petition. The commission 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 Deputy Secretary of State, Lucas State Office Building, Des Moines, Iowa
			 50319.
(5) Upon receipt of a
			 petition for rule making, the following steps shall be taken:
a. Within 30 days after the filing of a
			 petition, the state registrar 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 a designee of the state registrar to discuss the petition. The
			 commission may request the petitioner to submit additional information or
			 argument concerning the petition. The commission 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 commission by any person.
b. Within 90 days after the filing of the
			 petition, or within any longer period agreed to by the petitioner, the
			 commission 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 a designee of the commission mails or delivers
			 the required notification to petitioner.
c. 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
			 agency's rejection of the petition.