Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The board of regents 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 board of regents
			 to issue an order
3. The board of
			 regents 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 board of regents 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 a 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 board of
			 regents to determine whether a statute is unconstitutional on its
			 face.
11. The petitioner requests
			 the board of regents to issue a preliminary determination in any academic
			 matter, such as sufficiency of academic performance or whether or how a
			 particular grade or degree may or will be awarded to an individual.
12. The petitioner requests a determination
			 of a matter being considered in an internal grievance, disciplinary hearing or
			 investigatory process underway at the board of regents or a regent
			 institution.
13. The petitioner
			 requests a determination regarding a purchasing transaction, a grant or a
			 contract of the board of regents or regent institution.
14. The petitioner requests a determination
			 regarding a personnel matter, including but not limited to layoff, program
			 reorganization and benefits matters.
15. The petitioner requests a determination
			 regarding the provision of medical care to a patient or animal at medical or
			 veterinary facilities operated by a regent institution.
16. The petitioner requests a determination
			 of a matter subject to collective bargaining or a matter required to be
			 addressed under the terms of any collective bargaining agreement.