reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.5 - 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 or via electronic transmission, on the proposed rule. These submissions
				should identify the proposed rule to which they relate and should be submitted
				to the individual identified in the Notice of Intended Action.
(2)
Oral proceedings.
The
				department may, at any time, schedule an oral proceeding on a proposed rule.
				The department 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 department by the
				administrative rules review committee, a governmental subdivision, a state
				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 a state
				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.
The department may waive technical compliance with these
				  procedures.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.6 - 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, subsection 7.
(2)
Distribution list.
Small
				businesses or organizations of small businesses may be registered on the
				department's small business impact list by making a written application
				addressed to the Director's Office, Department of Economic Development, 200
				East Grand Avenue, Des Moines, Iowa 50309-1819, Attn: Legal Counsel. 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 via electronic transmission, or desires
				advance notice of the subject of all or some specific category of proposed rule
				making affecting small business.
The department 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 department
				  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 shall 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 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
A rule that mandates additional combined expenditures
				  exceeding $100,000 by all affected 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
				  25B6..
If the department determines at the time it adopts a rule
				  that the fiscal impact statement upon which the rule is based contains errors,
				  the department shall, at the same time, issue a corrected fiscal impact
				  statement and publish the corrected fiscal impact statement in the Iowa
				  Administrative Bulletin.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
				department 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 department 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 department shall consider
				fully all of the written submissions and oral submissions received in that
				rule-making proceeding or any written summary of the oral submissions and any
				regulatory analysis or fiscal impact statement issued in that rule-making
				proceeding.
(3)
Reliance on
				department expertise.
Except as otherwise provided by law, the
				department may use its own experience, technical competence, specialized
				knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Allowable variances.
The department 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 or 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 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.10 - 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 department 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 department
				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 department shall incorporate the
				required finding and a brief statement of its supporting reasons in each rule
				adopted in reliance upon this subrule.
(2)
Categories exempt.
The
				following narrowly tailored category of rules is exempted from the usual public
				notice and participation requirements because those requirements are
				unnecessary, impracticable, or contrary to the public interest with respect to
				each and every member of the defined class: rules mandated by federal law,
				including federal statutes or regulations establishing conditions for federal
				funding of departmental programs where the department is not exercising any
				options under federal law.
(3)
Public proceedings on rules adopted without them.
The
				department 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 196.10(1). Upon written petition by a governmental subdivision,
				the administrative rules review committee, a state agency, the administrative
				rules coordinator, an association having not less than 25 members, or at least
				25 persons, the department shall commence a standard rule-making proceeding for
				any rule specified in the petition that was adopted in reliance upon subrule
				196.10(1). This 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 the petition. After a standard rule-making proceeding commenced
				pursuant to this subrule, the department may either readopt the rule it adopted
				without benefit of all usual procedures on the basis of subrule 196.10(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 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.11 - 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
				department shall issue a concise statement of reasons for the rule. Requests
				for such a statement must be in writing and be delivered to the Director's
				Office, Department of Economic Development, 200 East Grand Avenue, Des Moines,
				Iowa 50309-1819, Attn: Legal Counsel. The request should indicate whether the
				statement is sought for all or only a specified part of the rule. Requests
				shall 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 change.
c. The principal reasons urged in the
				rule-making proceeding for and against the rule, and the department's reasons
				for overruling the arguments made against the rule.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
				adopted by the department shall contain the text of the rule and, in addition:
a. The date the department adopted the
				rule.
b. A brief explanation of the
				principal reasons for the rule-making action if the reasons are required by
				1998 Iowa Acts, chapter 1202, section 8, or the department in its discretion
				decides to include the 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 the reasons are required by 1998 Iowa Acts,
				chapter 1202, section 8, or the department in its discretion decides to include
				the reasons.
g. The effective date
				of the rule.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.13 - Department Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The
				department 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 shall be available for public inspection.
(2)
Contents.
The department
				rule-making record shall contain:
a. Copies
				of or citations to 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 department submissions to the administrative rules
				coordinator concerning that rule or the proceeding upon which it is
				based.
b. Copies of any portions of
				the department'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 department, 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 department 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 department is authorized by law to
				keep them confidential; provided, however, that when any materials are deleted
				because they are authorized by law to be kept confidential, the department
				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
				17A4(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 subsection
				17A4(4).,
				and any department response to that objection.
j. A copy of any executive order concerning
				the rule.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall file each rule it adopts in the office
				  of the administrative rules coordinator. The filing shall be executed as soon
				  after adoption of the rule as is practicable. At the time of filing, each rule
				  shall 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 fiscal impact statement or
				  concise statement is issued. In filing a rule, the department shall use the
				  standard form prescribed by the administrative rules
				  coordinator.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The department
				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 department 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 department makes a rule effective prior to its
				indexing and publication in reliance upon the provisions of Iowa Code section
				17A5(2).
"b
"(3), the department 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 department 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 department 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 this
				  subrule.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.16 - Review by Department of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request for review.
Any
				interested person, association, agency, or political subdivision may submit a
				written request to the administrative rules coordinator for the department to
				conduct a formal review of a specified rule. Upon approval of that request by
				the administrative rules coordinator, the department 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 department may refuse to
				conduct a review if it has conducted a review of the specified rule within five
				years prior to the filing of the written request.
(2)
Conduct of review.
In
				conducting the formal review, the department shall prepare within a reasonable
				time a written report summarizing its findings, its supporting reasons, and any
				proposed course of action. The report shall include a concise statement of the
				department'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 requests
				for exceptions to the rule received by the department or granted by the
				department. 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 department's report shall be sent to the administrative rules
				review committee and the administrative rules coordinator. The report shall
				also be available for public inspection.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.17 - Written Criticisms of Department Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Any interested person may submit written criticism of a rule
				  adopted by the department.
(1)
Where submitted, form.
Rule criticisms shall be in writing and
				submitted to the Director's Office, Department of Economic Development, 200
				East Grand Avenue, Des Moines, Iowa 50309-1819, Attn: Legal Counsel. The
				criticism must be typewritten, or legibly handwritten in ink, and must
				substantially conform to the following form:
DEPARTMENT OF ECONOMIC DEVELOPMENT
Criticism of Rule: (specify rule)
Reason(s) for Criticism:
Submitted By:
				  Name:_____________________________________
Address:___________________________________
Telephone Number:___________________________
Signature:__________________________________
Date:______________________________________
(2)
Maintenance.
Written
				criticisms of department rules will be maintained in a separate record for a
				period of five years from the date of receipt by the department. This record
				will be open for public inspection.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 197 - Petition for Rule Making › Rule 261-197.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person or state agency may file a petition for rule
				  making with the authority at the Director's Office, Iowa Economic Development
				  Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, Attn: Legal
				  Counsel. Petitions for rule making may be delivered, mailed, or sent by email
				  or other electronic means reasonably calculated to reach the intended
				  recipient. A petition is deemed filed when it is received by the authority. The
				  authority must provide the petitioner with a file-stamped copy of the petition
				  if the petitioner provides the authority 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 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 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 197.4(1).
(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 authority may deny a petition because
				it does not substantially conform to the required form.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 197 - Petition for Rule Making › Rule 261-197.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support
				  of the action urged in the petition. The authority may request a brief from the
				  petitioner or from any other person concerning the substance of the
				  petition.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 197 - Petition for Rule Making › Rule 261-197.3 - 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 address indicated in rule
				  261-197.1
				  (17A).
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 197 - Petition for Rule Making › Rule 261-197.4 - Authority Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Meeting.
Upon request by the petitioner in the petition, the
				authority shall schedule a brief and informal meeting between the petitioner
				and authority staff to discuss the petition. The authority may request the
				petitioner to submit additional information or argument concerning the
				petition. The authority 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 authority by any person.
(2)
Action on petition.
Within 60 days after the filing of the petition, or within any longer period
				agreed to by the petitioner, the authority shall, 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
				authority mails or delivers the required notification to petitioner. The
				authority shall submit the petition and the disposition of the petition to the
				administrative rules review committee.
(3)
Denial of petition for
				nonconformance with form.
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
				rejection of the petition.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the department for a
				  declaratory order as to the applicability to specified circumstances of a
				  statute, rule, or order within the primary jurisdiction of the department at
				  the Director's Office, Department of Economic Development, 200 East Grand
				  Avenue, Des Moines, Iowa 50309-1819, Attn: Legal Counsel. A petition is deemed
				  filed when it is received by that office. The department shall provide the
				  petitioner with a file-stamped copy of the petition if the petitioner provides
				  the department an extra copy for this purpose. The petition must be typewritten
				  or legibly handwritten in ink and should substantially conform to the following
				  form:
BEFORE THE DEPARTMENT OF ECONOMIC DEVELOPMENT
Petition by (Name of Petitioner) for a Declaratory Order on
				  (Cite provisions 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, 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. A request which seeks to change rather than to declare or
				determine policy will be denied.
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 the petitioner to be affected by, or interested in, the questions presented
				in the petition.
8. Any request by
				the petitioner for a meeting provided for by rule
				261-1987. (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 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within five working days of receipt of a petition for a
				  declaratory order, the department shall give notice of the petition to all
				  persons not served by the petitioner pursuant to rule
				  261-1986.
				  (17A) to whom notice is required by any provision of law. The department may
				  give notice to any other persons.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Nondiscretionary intervention.
Persons who qualify under any
				applicable provision of law as an intervenor and who file a petition for
				intervention within 15 working day s of the filing of a petition for
				declaratory order and before the 30-day time for department action under rule
				261-1988.
				(17A) shall be allowed to intervene in a proceeding for a declaratory
				order.
(2)
Discretionary
				intervention.
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.
(3)
Filing and
				form of petition for intervention.
A petition for intervention shall
				be filed at the Director's Office, Department of Economic Development, 200 East
				Grand Avenue, Des Moines, Iowa 50309-1819, Attn: Legal Counsel. A petition is
				deemed filed when it is received by that office. The department shall 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 should substantially
				conform to the following form:
BEFORE THE DEPARTMENT OF ECONOMIC DEVELOPMENT
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
				intervener'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 intervener'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 intervener'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 by the declaratory order
				proceeding.
The petition must be dated and signed by the intervenor or
				  the intervener's representative. It must also include the name, mailing
				  address, and telephone number of the intervenor and the intervener's
				  representative, and a statement indicating the person to whom communications
				  should be directed.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.4 - 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 may request a brief from the petitioner,
				  any intervenor, or any other person concerning the questions
				  raised.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.5 - 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 Director's Office, Department of Economic
				  Development, 200 East Grand Avenue, Des Moines, Iowa 50309-1819, Attn: Legal
				  Counsel.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service.
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 by mailing or personal delivery upon each of the parties
				of record to the proceeding, and on all other persons identified 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. All documents filed shall indicate all parties
				or other persons served and the date and method of service.
(2)
Filing.
All petitions
				for declaratory orders, petitions for intervention, briefs, or other papers in
				a proceeding for a declaratory order shall be filed with the Director's Office,
				Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa
				50309-1819, Attn: Legal Counsel. All documents are considered filed upon
				receipt.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by the petitioner, the department shall schedule
				  a brief and informal meeting between the original petitioner, all intervenors,
				  and a member of the staff of the department to discuss the questions raised.
				  The department 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 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time frames for action.
Within 30 days after receipt of a
				petition for a declaratory order, the director or the director's designee shall
				take action on the petition as required by 1998 Iowa Acts, chapter 1202,
				section 13, subsection 5.
(2)
Date of issuance of order.
The date of issuance of an order or
				of a refusal to issue an order is the date of mailing of the order or refusal
				or date of delivery if service is by other means unless another date is
				specified in the order.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reasons for refusal to issue order.
The department shall not
				issue a declaratory order where prohibited by 1998 Iowa Acts, chapter 1202,
				section 13, subsection 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 to
				issue an order.
3. The department
				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 department 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 department 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 to determine whether a statute is unconstitutional on
				its face.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.10 - 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, 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 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.11 - 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 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 198 - Petition for Declaratory Order › Rule 261-198.12 - 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, 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. The issuance of a declaratory order constitutes final agency action
				  on the petition.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 199 - Uniform Waiver Rules › Rule 261-199.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				  waivers from rules adopted by the authority. The intent of this chapter is to
				  allow persons to seek exceptions to the application of rules issued by the
				  authority.
(1)
Definitions.
"Authority"
means the economic development
				  authority created in Iowa Code section
				  15.105.
"Board"
means the members of the economic
				  development authority board appointed by the governor and in whom the powers of
				  the authority are vested pursuant to Iowa Code section
				  15.105.
"Director"
means the director of the
				  authority or the director's designee.
"Director/board"
means either the director
				  or the board depending on which one has decision-making authority pursuant to
				  rule 261-199.2 (17A,15).
"Person"
means an individual, corporation,
				  limited liability company, government or governmental subdivision or agency,
				  business trust, estate, trust, partnership or association, or any legal
				  entity.
"Waiver"
means an agency action which
				  suspends in whole or in part the requirements or provisions of a rule as
				  applied to an identified person on the basis of the particular circumstances of
				  that person.
(2)
Authority.
a. A waiver from
				rules adopted by the authority may be granted in accordance with this chapter
				if (1) the authority has exclusive rule-making authority to promulgate the rule
				from which waiver is requested or has final decision-making authority over a
				contested case in which a waiver is requested; and (2) no statute or rule
				otherwise controls the grant of a waiver from the rule from which waiver is
				requested.
b. No waiver may be
				granted from a requirement which is imposed by statute. Any waiver must be
				consistent with statute.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 199 - Uniform Waiver Rules › Rule 261-199.2 - Director/board Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
The decision on whether the circumstances justify the
				  granting of a waiver shall be made at the discretion of the director upon
				  consideration of all relevant factors. The director may refer a petition for
				  waiver to the board for decision. In the case of petition referred to the board
				  by the director, the board shall make the decision on whether the circumstances
				  justify the granting of a waiver, upon consideration of all relevant
				  factors.
(1)
Criteria for
				waiver.
The director/board may, in response to a completed petition,
				grant a waiver from a rule, in whole or in part, as applied to the
				circumstances of a specified situation if the director/board finds each of the
				following:
a. Application of the rule to the
				person at issue would result in undue hardship to that person; and
b. Waiver on the basis of the particular
				circumstances relative to that specified person would be consistent with the
				public interest; and
c. Waiver in
				the specific case would not prejudice the substantial legal rights of any
				person; and
d. Where applicable,
				substantially equal protection of public health, safety, and welfare will be
				afforded by a means other than that prescribed in the particular rule for which
				the waiver is requested.
In determining whether waiver should be granted, the
				  director/board shall consider whether the underlying public interest policies
				  and legislative intent of the rules are substantially equivalent to full
				  compliance with the rule. When the rule from which a waiver is sought
				  establishes administrative deadlines, the director/board shall balance the
				  special individual circumstances of the petitioner with the overall goal of
				  uniform treatment of all licensees, grantees and constituents.