reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of
				the Notice of Intended Action, persons may submit argument, data, and views, in
				writing, on the proposed rule. Such written submissions should identify the
				proposed rule to which they relate and should be submitted to Department of
				Education, Legal Consultant's Office, Grimes State Office Building, Des Moines,
				Iowa 50319-0146, or the person designated in the Notice of Intended
				Action.
(2)
Oral
				proceedings.
The agency may, at any time, schedule an oral proceeding
				on a proposed rule. The agency shall schedule an oral proceeding on a proposed
				rule if, within 20 days after the published Notice of Intended Action, a
				written request for an opportunity to make oral presentations is submitted to
				the agency by the administrative rules review committee, a governmental
				subdivision, an agency, an association having not less than 25 members, or at
				least 25 persons. That request must also contain the following additional
				information:
1. A request by one or more
				individual persons must be signed by each of them and include the address and
				telephone number of each of them.
2. A request by an association must be signed
				by an officer or designee of the association and must contain a statement that
				the association has at least 25 members and the address and telephone number of
				the person signing that request.
3.
				A request by an agency or governmental subdivision must be signed by an
				official having authority to act on behalf of the entity and must contain the
				address and telephone number of the person signing that request.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined in
				1998 Iowa Acts, chapter 1202, section 10(7).
(2)
Mailing list.
Small
				businesses or organizations of small businesses may be registered on the
				agency's small business impact list by making a written application addressed
				to Legal Consultant's Office, Department of Education, Grimes State Office
				Building, Des Moines, Iowa 50319-0146. The application for registration shall
				state:
a. The name of the small business or
				organization of small businesses;
b. Its address;
c. The name of a person authorized to
				transact business for the applicant;
d. A description of the applicant's business
				or organization. An organization representing 25 or more persons who qualify as
				a small business shall indicate that fact.
e. Whether the registrant desires copies of
				Notices of Intended Action at cost, or desires advance notice of the subject of
				all or some specific category of proposed rule making affecting small business.
The agency may at any time request additional information
				  from the applicant to determine whether the applicant is qualified as a small
				  business or as an organization of 25 or more small businesses. The agency may
				  periodically send a letter to each registered small business or organization of
				  small businesses asking whether that business or organization wishes to remain
				  on the registration list. The name of a small business or organization of small
				  businesses will be removed from the list if a negative response is received, or
				  if no response is received within 30 days after the letter is sent.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				proposed rule that necessitates additional combined annual expenditures of at
				least $100,000, or additional combined expenditures of at least $500,000 within
				five years, by all affected persons, political subdivisions, or agencies and
				entities which contract with political subdivisions to provide services must be
				accompanied by a fiscal impact statement outlining the costs associated with
				the rule. A fiscal impact statement must satisfy the requirements of Iowa Code
				section 25B.6.
(2) If the agency
				determines at the time it adopts a rule that the fiscal impact statement upon
				which the rule is based contains errors, the agency shall, at the same time,
				issue a corrected fiscal impact statement and publish the corrected fiscal
				impact statement in the Iowa Administrative Bulletin.
(3)
Jobs impact statement.
The agency shall prepare a jobs impact statement for each proposed rule, as
				required by Iowa Code section
				17A.4B,
				unless waived by the administrative rules coordinator. The analysis in the jobs
				impact statement shall give particular weight to jobs in production sectors of
				the economy, which includes the manufacturing and agricultural sectors of the
				economy, and shall include analysis, where applicable, of the impact of the
				rule on expansion of existing businesses or facilities.
If a jobs impact statement is revised after a notice of
				  intended action or a rule filed without notice pursuant to Iowa Code section
				  17A.4(3)
				   is published, the revised jobs impact
				  statement shall be published as part of the preamble to the adopted version of
				  the rule, unless the administrative rules coordinator determines that
				  publication of the entire jobs impact statement would be unnecessary or
				  impractical.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The agency shall not adopt a rule until the
				period for making written submissions and oral presentations has expired.
				Within 180 days after the later of the publication of the Notice of Intended
				Action, or the end of oral proceedings thereon, the agency shall adopt a rule
				pursuant to the rule-making proceeding or terminate the proceeding by
				publication of a notice to that effect in the Iowa Administrative
				Bulletin.
(2)
Consideration
				of public comment.
Before the adoption of a rule, the agency shall
				consider fully all of the written submissions and oral submissions received in
				that rule-making proceeding or any memorandum summarizing such oral
				submissions, and any regulatory analysis or fiscal impact statement issued in
				that rule-making proceeding.
(3)
Reliance on agency expertise.
Except as otherwise provided by
				law, the agency may use its own experience, technical competence, specialized
				knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The agency
				shall not adopt a rule that differs from the rule proposed in the Notice of
				Intended Action on which the rule is based unless:
a. The differences are within the scope of
				the subject matter announced in the Notice of Intended Action and are in
				character with the issues raised in that notice; and
b. The differences are a logical outgrowth of
				the contents of that Notice of Intended Action and the comments submitted in
				response thereto; and
c. The Notice
				of Intended Action provided fair warning that the outcome of that rule-making
				proceeding could be the rule in question.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
				comment.
To the extent the agency for good cause finds that public
				notice and participation are unnecessary, impracticable, or contrary to the
				public interest in the process of adopting a particular rule, the agency may
				adopt that rule without publishing advance Notice of Intended Action in the
				Iowa Administrative Bulletin and without providing for written or oral public
				submissions prior to its adoption. The agency shall incorporate the required
				finding and a brief statement of its supporting reasons in each rule adopted in
				reliance upon this subrule.
(2)
Public proceedings on rules adopted without them.
The agency
				may, at any time, commence a standard rule-making proceeding for the adoption
				of a rule that is identical or similar to a rule it adopts in reliance upon
				subrule 2.10(1). Upon written petition by a governmental subdivision, the
				administrative rules review committee, an agency, the administrative rules
				coordinator, an association having not less than 25 members, or at least 25
				persons, the agency shall commence a standard rule-making proceeding for any
				rule specified in the petition that was adopted in reliance upon subrule
				2.10(1). Such a petition must be filed within one year of the publication of
				the specified rule in the Iowa Administrative Bulletin as an adopted rule. The
				rule-making proceeding on that rule must be commenced within 60 days of the
				receipt of such a petition. After a standard rule-making proceeding commenced
				pursuant to this subrule, the agency may either readopt the rule it adopted
				without benefit of all usual procedures on the basis of subrule 2.10(1), or may
				take any other lawful action, including the amendment or repeal of the rule in
				question, with whatever further proceedings are appropriate.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested by a person, either prior to the
				adoption of a rule or within 30 days after its publication in the Iowa
				Administrative Bulletin as an adopted rule, the agency shall issue a concise
				statement of reasons for the rule. Requests for such a statement must be in
				writing and be delivered to Legal Consultant's Office, Department of Education,
				Grimes State Office Building, Des Moines, Iowa 50319-0146. The request should
				indicate whether the statement is sought for all or only a specified part of
				the rule. Requests will be considered made on the date received.
(2)
Contents.
The concise
				statement of reasons shall contain:
a. The
				reasons for adopting the rule;
b.
				An indication of any change between the text of the proposed rule contained in
				the published Notice of Intended Action and the text of the rule as finally
				adopted, with the reasons for any such change;
c. The principal reasons urged in the
				rule-making proceeding for and against the rule, and the agency's reasons for
				overruling the arguments made against the rule.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
				adopted by the agency shall contain the text of the rule and, in addition:
a. The date the agency adopted the
				rule;
b. A brief explanation of the
				principal reasons for the rule-making action if such reasons are required by
				1998 Iowa Acts, chapter 1202, section 8, or the agency in its discretion
				decides to include such reasons;
c.
				A reference to all rules repealed, amended, or suspended by the rule;
d. A reference to the specific statutory or
				other authority authorizing adoption of the rule;
e. Any findings required by any provision of
				law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
				reasons for the failure to provide for waivers to the rule if no waiver
				provision is included and a brief explanation of any waiver or special
				exceptions provided in the rule if such reasons are required by 1998 Iowa Acts,
				chapter 1202, section 8, or the agency in its discretion decides to include
				such reasons; and
g. The effective
				date of the rule.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.13 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The agency shall maintain an official rule-making
				record for each rule it proposes by publication in the Iowa Administrative
				Bulletin of a Notice of Intended Action, or adopts. The rule-making record and
				materials incorporated by reference must be available for public
				inspection.
(2)
Contents.
The agency rule-making record shall contain:
a. Copies of all publications in the Iowa
				Administrative Bulletin with respect to the rule or the proceeding upon which
				the rule is based and any file-stamped copies of agency submissions to the
				administrative rules coordinator concerning that rule or the proceeding upon
				which it is based;
b. Copies of any
				portions of the agency's public rule-making docket containing entries relating
				to the rule or the proceeding upon which the rule is based;
c. All written petitions, requests, and
				submissions received by the agency, and all other written materials of a
				factual nature as distinguished from opinion that are relevant to the merits of
				the rule and that were created or compiled by the agency and considered by the
				director, in connection with the formulation, proposal, or adoption of the rule
				or the proceeding upon which the rule is based, except to the extent the agency
				is authorized by law to keep them confidential; provided, however, that when
				any such materials are deleted because they are authorized by law to be kept
				confidential, the agency shall identify in the record the particular materials
				deleted and state the reasons for that deletion;
d. Any official transcript of oral
				presentations made in the proceeding upon which the rule is based or, if not
				transcribed, the stenographic record or electronic recording of those
				presentations, and any memorandum prepared by a presiding officer summarizing
				the contents of those presentations;
e. A copy of any regulatory analysis or
				fiscal impact statement prepared for the proceeding upon which the rule is
				based;
f. A copy of the rule and
				any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
				suspension of the rule;
h. A copy
				of any objection to the issuance of that rule without public notice and
				participation that was filed pursuant to Iowa Code section
				17A.4(2)
				 by the administrative rules review
				committee, the governor, or the attorney general;
i. A copy of any objection to the rule filed
				by the administrative rules review committee, the governor, or the attorney
				general pursuant to Iowa Code section
				17A.4(4),
				and any agency response to that objection;
j. A copy of any significant written
				criticism of the rule, including a summary of any petitions for waiver of the
				rule; and
k. A copy of any
				executive order concerning the rule.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall file each rule it adopts in the office of
				  the administrative rules coordinator The filing must be executed as soon after
				  adoption of the rule as is practicable. At the time of filing, each rule must
				  have attached to it any fiscal impact statement and any concise statement of
				  reasons that was issued with respect to that rule. If a fiscal impact statement
				  or statement of reasons for that rule was not issued until a time subsequent to
				  the filing of that rule, the note or statement must be attached to the filed
				  rule within five working days after the note or statement is issued. In filing
				  a rule, the agency shall use the standard form prescribed by the administrative
				  rules coordinator
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The agency may
				make a rule effective after its filing at any stated time prior to 35 days
				after its indexing and publication in the Iowa Administrative Bulletin if it
				finds that a statute so provides, the rule confers a benefit or removes a
				restriction on some segment of the public, or that the effective date of the
				rule is necessary to avoid imminent peril to the public health, safety, or
				welfare. The agency shall incorporate the required finding and a brief
				statement of its supporting reasons in each rule adopted in reliance upon this
				subrule.
(2)
Special
				notice.
When the agency makes a rule effective prior to its indexing
				and publication in reliance upon the provisions of Iowa Code section
17
				A.5(2)"b"(3),
the agency shall employ all reasonable efforts to make
				its contents known to the persons who may be affected by that rule prior to the
				rule's indexing and publication. The term "all reasonable efforts" requires the
				agency to employ the most effective and prompt means of notice rationally
				calculated to inform potentially affected parties of the effectiveness of the
				rule that is justified and practical under the circumstances considering the
				various alternatives available for this purpose, the comparative costs to the
				agency of utilizing each of those alternatives, and the harm suffered by
				affected persons from any lack of notice concerning the contents of the rule
				prior to its indexing and publication. The means that may be used for providing
				notice of such rules prior to their indexing and publication include, but are
				not limited to, any one or more of the following means: radio, newspaper,
				television, signs, mail, telephone, personal notice or electronic means.
A rule made effective prior to its indexing and publication
				  in reliance upon the provisions of Iowa Code section 17A.5(2)
"b"
(3), shall include in that rule a statement describing the
				  reasonable efforts that will be used to comply with the requirements of subrule
				  2.15(2).
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The agency shall
				maintain an official, current, and dated compilation that is indexed by
				subject, containing all of its general statements of policy within the scope of
				Iowa Code section
				17A.2(10)
"a," "c," "f," "g," "h,"
				"k."
Each addition to, change in, or deletion from the official
				compilation must also be dated, indexed, and a record thereof kept. Except for
				those portions containing rules governed by Iowa Code section
				17A.2(7)
"f, "
or otherwise
				authorized by law to be kept confidential, the compilation must be made
				available for public inspection and copying.
(2)
Enforcement of
				requirements.
A general statement of policy subject to the requirements
				of this subsection shall not be relied on by the agency to the detriment of any
				person who does not have actual, timely knowledge of the contents of the
				statement until the requirements of subrule 2.16(1) are satisfied. This
				provision is inapplicable to the extent necessary to avoid imminent peril to
				the public health, safety, or welfare.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.17 - Review by Agency of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
				interested person, association, agency, or political subdivision may submit a
				written request to the administrative rules coordinator requesting the agency
				to conduct a formal review of a specified rule. Upon approval of that request
				by the administrative rules coordinator, the agency shall conduct a formal
				review of a specified rule to determine whether a new rule should be adopted
				instead or the rule should be amended or repealed. The agency may refuse to
				conduct a review if it has conducted such a review of the specified rule within
				five years prior to the filing of the written request.
(2) In conducting the formal review, the
				agency shall prepare within a reasonable time a written report summarizing its
				findings, its supporting reasons, and any proposed course of action. The report
				must include a concise statement of the agency's findings regarding the rule's
				effectiveness in achieving its objectives, including a summary of any available
				supporting data. The report shall also concisely describe significant written
				criticisms of the rule received during the previous five years, including a
				summary of any petitions for waiver of the rule received by the agency or
				granted by the agency. The report shall describe alternative solutions to
				resolve the criticisms of the rule, the reasons any were rejected, and any
				changes made in the rule in response to the criticisms as well as the reasons
				for the changes. A copy of the agency's report shall be sent to the
				administrative rules review committee and the administrative rules coordinator.
				The report must also be available for public inspection.
(3) Beginning July 1, 2012, over each
				five-year period of time, the agency shall conduct an ongoing and comprehensive
				review of all of the agency's rules. The goal of the review is the
				identification and elimination of all rules of the agency that are outdated,
				redundant, or inconsistent or incompatible with statute or its own rules or
				those of other agencies. The agency shall commence its review by developing a
				plan of review in consultation with major stakeholders and constituent groups.
				When the agency completes the five-year review of the agency's own rules, the
				agency shall provide a summary of the results to the administrative rules
				coordinator and the administrative rules review committee.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.18 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
A petition requesting the adoption, amendment, or repeal of a
				  rule shall be filed with the department of education at the Grimes State Office
				  Building, Second Floor, Des Moines, Iowa 50319-0146. A petition is deemed filed
				  when it is received by that office. The department of education shall provide
				  the petitioner with a file-stamped copy of the petition if the petitioner
				  provides the department an extra copy for this purpose.
(1)
Form.
The petition must
				be typewritten or legibly handwritten in ink and must substantially conform to
				the following form:
DEPARTMENT OF EDUCATION
Click here
				  to view Image
The petition must provide the following information:
1. A clear and concise statement of all
				relevant facts on which the petition is based.
2. The precise citation to the present rule
				if the petition is for the amendment or repeal of the same.
3. A citation and the relevant language of
				the specific statutes, rules, policies, decisions, or orders, and any other
				relevant law.
4. A summary of the
				reasons for requesting the adoption, amendment or repeal of a rule.
5. Full disclosure of the petitioner's
				interest in the outcome of the petition.
6. A statement indicating whether the
				petitioner is currently a party to another proceeding involving the issue(s)
				raised by the petition and whether, to the petitioner's knowledge, those issues
				have been decided by, are pending determination by, or are under investigation
				by, any other governmental entity.
7. 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 issue(s) presented in the petition.
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.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.19 - Rule-making Internet Site

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the direction of the administrative rules
				  coordinator, the agency shall make available to the public a uniform,
				  searchable, and user-friendly rules database, published on an Internet site. An
				  agency's rule-making Internet site shall also make available to the public all
				  of the following:
(1) A brief summary
				of the rule-making process, including a description of any opportunity for
				public participation in the process.
(2) Process forms for filing comments or
				complaints concerning proposed or adopted rules.
(3) Process forms and instructions for filing
				a petition for rule making pursuant to rule
				281-2.18 (17A), a petition for a
				declaratory order pursuant to 281-Chapter 3, or a petition for a waiver of an
				administrative rule pursuant to 281-Chapter 4.
(4) Any other material prescribed by the
				administrative rules coordinator.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.20 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				  may be made to the Legal Consultant, Grimes State Office Building, Des Moines,
				  Iowa 50319-0146.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the department of
				  education for a declaratory order as to the applicability to specified
				  circumstances of a statute, rule, or order within the primary jurisdiction of
				  the Department of Education, at the Grimes State Office Building, Second Floor,
				  Des Moines, Iowa 50319-0146. A petition is deemed filed when it is received by
				  that office. The department of education 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 petition must be typewritten or legibly
				  handwritten in ink and must substantially conform to the following form:
DEPARTMENT OF EDUCATION
Petition by (Name of Petitioner) for a Declaratory Order on
				  (Cite provision of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
				relevant facts on which the order is requested.
2. A citation and the relevant language of
				the specific statutes, rules, policies, decisions, or orders, whose
				applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
				stated clearly and concisely.
4.
				The answers to the questions desired by the petitioner and a summary of the
				reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
				order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
				petitioner is currently a party to another proceeding involving the questions
				at issue and whether, to the petitioner's knowledge, those questions have been
				decided by, are pending determination by, or are under investigation by, any
				governmental entity.
7. 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 questions presented in
				the petition.
8. Any request by
				petitioner for a meeting provided for by 3.7(17A).
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.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				  order, the department of education shall give notice of the petition to all
				  persons not served by the petitioner pursuant to 3.6(17A) to whom notice is
				  required by any provision of law. The department of education may also give
				  notice to any other persons.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
				qualify under any applicable provision of law as an intervenor and who file a
				petition for intervention within 15 days of the filing of a petition for
				declaratory order (after time for notice under 3.2(17A) and before 30-day time
				for agency action under 3.8(17A)) shall be allowed to intervene in a proceeding
				for a declaratory order
(2) Any
				person who files a petition for intervention at any time prior to the issuance
				of an order may be allowed to intervene in a proceeding for a declaratory order
				at the discretion of the department of education.
(3) A petition for intervention shall be
				filed at the Office of the Director, Grimes State Office Building, Des Moines,
				Iowa 50319-0146. Such a petition is deemed filed when it is received by that
				office. The department of education will provide the petitioner with a
				file-stamped copy of the petition for intervention if the petitioner provides
				an extra copy for this purpose. A petition for intervention must be typewritten
				or legibly handwritten in ink and must substantially conform to the following
				form:
DEPARTMENT OF EDUCATION
Petition by (Name of Original Petitioner) for a Declaratory
				  Order on (Cite provisions of law cited in original petition).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				  information:
1. Facts supporting the
				intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
				question or questions presented and a summary of the reasons urged in support
				of those answers.
3. Reasons for
				requesting intervention and disclosure of the intervenor's interest in the
				outcome.
4. A statement indicating
				whether the intervenor is currently a party to any proceeding involving the
				questions at issue and whether, to the intervenor's knowledge, those questions
				have been decided by, are pending determination by, or are under investigation
				by, any governmental entity.
5. The
				names and addresses of any additional persons, or a description of any
				additional class of persons, known by the intervenor to be affected by, or
				interested in, the questions presented.
6. Whether the intervenor consents to be
				bound by the determination of the matters presented in the declaratory order
				proceeding.
The petition must be dated and signed by the intervenor or
				  the intervenor's representative. It must also include the name, mailing
				  address, and telephone number of the intervenor and intervenor's
				  representative, and a statement indicating the person to whom communications
				  should be directed.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support
				  of the position urged. The department of education may request a brief from the
				  petitioner, any intervenor, or any other person concerning the questions
				  raised.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				  proceeding may be made to the Legal Consultant, Department of Education, Grimes
				  State Office Building, Des Moines, Iowa 50139-0146.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
				petition for intervention, brief, or other paper filed in a proceeding for a
				declaratory order shall be served upon each of the parties of record to the
				proceeding, and on all other persons identified in the petition for declaratory
				order or petition for intervention as affected by or interested in the
				questions presented, simultaneously with their filing. The party filing a
				document is responsible for service on all parties and other affected or
				interested persons.
(2)
Filing
-
when required.
All petitions for
				declaratory orders, petitions for intervention, briefs, or other papers in a
				proceeding for a declaratory order shall be filed with the Legal Consultant,
				Department of Education, Grimes State Office Building, Des Moines, Iowa
				50319-0146. All petitions, briefs, or other papers that are required to be
				served upon a party shall be filed simultaneously with the department of
				education.
(3)
Method of
				service, time of filing, and proof of mailing.
Method of service, time
				of filing, and proof of mailing shall be as provided by
				281-6.17
				(17A).
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the department of education must
				  schedule a brief and informal meeting between the original petitioner, all
				  intervenors, and the department of education, a member of the department, or a
				  member of the staff of the department, to discuss the questions raised. The
				  department of education may solicit comments from any person on the questions
				  raised. Also, comments on the questions raised may be submitted to the
				  department by any person.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within the
				time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a
				petition for a declaratory order, the director of the department of education
				or designee shall take action on the petition as required by 1998 Iowa Acts,
				chapter 1202, section 13(5).
(2)
				The date of issuance of an order or of a refusal to issue an order is as
				defined in
				281-6.2
				(290,17A).
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department of education shall not issue a declaratory order where prohibited by
				1998 Iowa Acts, chapter 1202, section 13(1), and may refuse to issue a
				declaratory order on some or all questions raised for the following reasons:
1. The petition does not substantially comply
				with the required form.
2. The
				petition does not contain facts sufficient to demonstrate that the petitioner
				will be aggrieved or adversely affected by the failure of the department of
				education to issue an order
3. The
				department of education does not have jurisdiction over the questions presented
				in the petition.
4. The questions
				presented by the petition are also presented in a current rule making,
				contested case, or other agency or judicial proceeding that may definitively
				resolve them.
5. The questions
				presented by the petition would more properly be resolved in a different type
				of proceeding or by another body with jurisdiction over the matter
6. The facts or questions presented in the
				petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
				basis upon which to issue an order
7. There is no need to issue an order because
				the questions raised in the petition have been settled due to a change in
				circumstances.
8. The petition is
				not based upon facts calculated to aid in the planning of future conduct but
				is, instead, based solely upon prior conduct in an effort to establish the
				effect of that conduct or to challenge an agency decision already
				made.
9. The petition requests a
				declaratory order that would necessarily determine the legal rights, duties, or
				responsibilities of other persons who have not joined in the petition,
				intervened separately, or filed a similar petition and whose position on the
				questions presented may fairly be presumed to be adverse to that of
				petitioner
10. The petitioner
				requests the department of education to determine whether a statute is
				unconstitutional on its face.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				  contain the date of its issuance, the name of petitioner and all intervenors,
				  the specific statutes, rules, policies, decisions, or orders involved, the
				  particular facts upon which it is based, and the reasons for its
				  conclusion.
A declaratory order is effective on the date of
				  issuance.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.11 - Copies of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A copy of all orders issued in response to a petition for a
				  declaratory order shall be mailed promptly to the original petitioner and all
				  intervenors.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as
				  a final order issued in a contested case proceeding. It is binding on the
				  department of education, the petitioner, and any intervenors who consent to be
				  bound and is applicable only in circumstances where the relevant facts and the
				  law involved are indistinguishable from those on which the order was based. As
				  to all other persons, a declaratory order serves only as precedent and is not
				  binding on the department of education. The issuance of a declaratory order
				  constitutes final agency action on the petition.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 3 - Declaratory Orders › Rule 281-3.13 - Additional Information Concerning Declaratory Orders

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of the Uniform Rules on Agency Procedure
				  relating to declaratory orders, the following amendments and exceptions
				  apply:
1. In lieu of "(designate
				agency)" insert "Iowa department of education".
2. In lieu of "(designate office)" insert
				"Grimes State Office Building, Second Floor, 400 East 14th Street, Des Moines,
				Iowa 50319-0146".
3. In lieu of
				"______days (15 or less)" insert "15 days".
4. In lieu of "______ days" insert "15
				days".
5. In lieu of "(designate
				official by full title and address)" insert "General Counsel, Iowa Department
				of Education, Grimes State Office Building, Second Floor, 400 East 14th Street,
				Des Moines, Iowa 50319-0146".
6. In
				lieu of "(specify office and address)" insert "General Counsel, Iowa Department
				of Education, Grimes State Office Building, Second Floor, 400 East 14th Street,
				Des Moines, Iowa 50319-0146".
7.
				Method of service, time of filing, proof of mailing, the date of issuance of an
				order, or a refusal to issue an order are governed by 281-Chapter 6.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter:
"Board"
means the state board of
				  education.
"Department"
means the department of
				  education.
"Director"
means the director of the
				  department of education.
"Person"
means an individual, school
				  corporation, government or governmental subdivision or agency, nonpublic
				  school, partnership or association, or any legal entity.
"Waiver"
means the same as defined in Iowa
				  Code section 17A.9A(5).
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.3 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition filed pursuant to this chapter, the
				  director may in the director's sole discretion issue an order waiving in whole
				  or in part the obligations of a rule if the director finds, based on clear and
				  convincing evidence, all of the factors listed in Iowa Code section
				  17A.9A(2)  and
				  that any waiver from the obligations of the rule in the specific case would not
				  have a negative impact on the student achievement of any person affected by the
				  waiver.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.4 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
All petitions for waiver are submitted in writing to the
				  Director, Department of Education, Grimes State Office Building, 400 East 14th
				  Street, Des Moines, Iowa 50319-0146. If the petition relates to a pending
				  contested case, the petition is filed in the contested case proceeding, using
				  the caption of the contested case.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.5 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver includes the following information
				  where applicable and known to the requester:
1. The name, address, and telephone number of
				the person for whom a waiver is being requested, and the case number of any
				related contested case.
2. A
				description and citation of the specific rule from which a waiver is
				requested.
3. The specific waiver
				requested, including the precise scope and duration.
4. The relevant facts that the petitioner
				believes would justify a waiver under the criteria described in Iowa Code
				section 17A.9A(2). This statement includes a signed statement from the
				petitioner attesting to the accuracy of the facts provided in the petition and
				a statement of reasons that the petitioner believes will justify a
				waiver.
5. A history of any prior
				contacts between the board, the department and the petitioner relating to the
				regulated activity, license, or grant affected by the proposed waiver,
				including a description of each affected item held by the requester, any
				notices of violation, contested case hearings, or investigative reports
				relating to the regulated activity, license, or grant within the last five
				years.
6. A detailed statement of
				the impact on student achievement for any person affected by the granting of a
				waiver.
7. Any information known to
				the requester regarding the board's or department's treatment of similar
				cases.
8. The name, address, and
				telephone number of any person or entity that would be adversely affected by
				the granting of a petition.
9. The
				name, address, and telephone number of any person with knowledge of the
				relevant facts relating to the proposed waiver.
10. Signed releases of information
				authorizing persons with knowledge regarding the request to furnish the
				department with information relevant to the waiver.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.6 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				  department may request additional information from the petitioner relative to
				  the petition and surrounding circumstances. If the petition was not filed in a
				  contested case, the department may on its own motion or at the petitioner's
				  request, schedule a telephonic or in-person meeting between the petitioner and
				  the department.