reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The department shall maintain a current
			 public rule-making docket.
(2)
Anticipated rule making.
The rule-making docket shall list
			 each anticipated rule-making proceeding. A rule-making proceeding is deemed
			 "anticipated" from the time a draft of proposed rules is distributed for
			 internal discussion within the department or from the time of announcement at a
			 meeting of the commission. For each anticipated rule-making proceeding, the
			 docket shall contain a listing of the precise subject matter which may be
			 submitted for consideration by the commission for subsequent proposal under the
			 provisions of Iowa Code section
			 17A.4(1)
			  "a, " the name and address of department
			 personnel with whom persons may communicate with respect to the matter, and an
			 indication of the present status within the department of that possible rule.
			 The department may also include in the docket other subjects upon which public
			 comment is desired.
(3)
Pending rule-making proceedings.
The rule-making docket shall
			 list each pending rule-making proceeding. A rule-making proceeding is pending
			 from the time it is commenced, by publication in the Iowa Administrative
			 Bulletin of a Notice of Intended Action, pursuant to Iowa Code section
			 I7A.4(1)
"a, "
to the time it is terminated, by publication of
			 a Notice of Termination in the Iowa Administrative Bulletin or the rule
			 becoming effective. For each rule-making proceeding, the docket shall indicate:
a. The subject matter of the proposed
			 rule.
b. A citation to all
			 published notices relating to the proceeding.
c. Where written submissions on the proposed
			 rule may be inspected.
d. The time
			 during which written submissions may be made.
e. The names of persons who have made written
			 requests for an opportunity to make oral presentations on the proposed rule,
			 where those requests may be inspected, and where and when oral presentations
			 may be made.
f. Whether a written
			 request for the issuance of a regulatory analysis, or a concise statement of
			 reasons has been filed, whether such an analysis or statement or a fiscal
			 impact statement has been issued, and where any such written request, analysis,
			 or statement may be inspected.
g.
			 The current status of the proposed rule and any department determinations with
			 respect thereto.
h. Any known
			 timetable for department decisions or other action in the proceeding.
i. The date of the rule's adoption.
j. The date of the rule's filing, indexing
			 and publication.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35 days before the adoption of a rule, the
			 department shall cause a Notice of Intended Action to be published in the Iowa
			 Administrative Bulletin. The Notice of Intended Action shall include:
a. A brief explanation of the purpose of the
			 proposed rule.
b. The specific
			 legal authority for the proposed rule.
c. Except to the extent impracticable, the
			 text of the proposed rule.
d.
			 Where, when and how persons may present their views on the proposed
			 rule.
e. Where, when and how
			 persons may demand an oral proceeding on the proposed rule if the notice does
			 not already provide for one.
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the department shall include in the
				notice a statement fully describing the specific subject matter of the omitted
				portion of the text of the proposed rule, the specific issues to be addressed
				by that omitted text of the proposed rule, and the range of possible choices
				being considered by the department for the resolution of each of those
				issues.
To facilitate transcription into the alternative medium of
				braille, cassette tape or large-type format, the complete text of the proposed
				rule shall be published in the Notice of Intended Action whenever
				possible.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.5 - 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 the
			 Administrative Rules Coordinator, Department for the Blind, 524 Fourth Street,
			 Des Moines, Iowa 50309 or the person designated 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, an agency, an association having not less than 25
			 members, or at least 25 persons. The request must also contain the following
			 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.
The department may waive technical compliance with these
				procedures.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.6 - 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
			 department's small business impact list by making a written application to the
			 department administrative rules coordinator 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 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
				of small businesses 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 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed 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
			 25B.6.
(2) 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 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 commission 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 commission 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 commission shall consider
			 fully all of the written submissions and oral submissions received in that
			 rule-making proceeding, any memorandum summarizing such 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
			 commission may use its own experience, technical competence, specialized
			 knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commission
			 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 the 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 the rule-making
			 proceeding could be the rule in question.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.10 - 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 commission, 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
			 commission 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 commission 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 categories of rules are 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 which are mandated by federal law or regulation are
				exempted from the usual public notice and public participation requirements in
				any situation where the commission has no option but to adopt specified rules
				or where federal funding is contingent upon the adoption of the rules. Notice
				and public participation would be unnecessary since the provisions of the law
				or regulation must be adopted in order to maintain federal funding and the
				commission would have no option in the rule which was adopted.
(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 adopted in reliance upon subrule 3.10(1). Upon written
			 petition by a governmental subdivision, the administrative rules review
			 committee, a department, 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 3.10(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 is commenced pursuant to this subrule,
			 the commission may either readopt the rule it adopted without benefit of all
			 usual procedures on the basis of subrule 3.10(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 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested by a person, either prior to 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 must
			 be delivered to the Administrative Rules Coordinator, Department for the Blind,
			 524 Fourth Street, Des Moines, Iowa 50309. 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 reasons for overruling
			 the arguments made against the rule.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule adopted by the commission shall contain
			 the text of the rule and, in addition:
a. The
			 date the commission adopted the rule.
b. A brief explanation of the principal
			 reasons for rule-making action if such reasons are required by 1998 Iowa Acts,
			 chapter 1202, section 8, or the department 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 department in its discretion decides to include
			 such reasons.
g. The effective date
			 of the rule.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.13 - 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 must be available
			 for public inspection.
(2)
Contents.
The department 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 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 and considered by
			 the director or the commission in 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 such 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 the 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 amendments of, 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 I7A.4(4), and any department 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.
k. A copy
			 of any executive order concerning the rule.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall file each rule adopted by the commission
				in the office of the administrative rules coordinator The filing must be
				executed as soon after adoption 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 were 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 department shall use the standard form
				prescribed by the administrative rules coordinator
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The commission
			 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 findings and a brief
			 statement of its supporting reasons in each rule adopted in reliance upon this
			 subrule.
(2)
Special
			 notice.
When the commission makes a rule effective prior to its
			 indexing and publication in reliance upon the provisions of Iowa Code section
			 17A.5(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
			 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
				3.15(2).
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The department 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, "
and
"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(I0)
"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 rule
			 shall not be relied on by the department to the detriment of any person who
			 does not have actual, timely knowledge of the contents of the statement until
			 the requirements of subrule 3.16(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 111 - Blind, Department for The › Chapter 3 - Department Procedure for Rule Making › Rule 111-3.17 - Review by Department of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Any interested person, association, department, or political subdivision may
			 submit a written request to the administrative rules coordinator requesting 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 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 department 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
			 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 petitions
			 for waiver of 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 reason 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 must also be
			 available for public inspection.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 4 - Petitions for Rule Making › Rule 111-4.1 - 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 Department for the Blind, 524 Fourth Street, Des Moines, Iowa 50309. A
				petition is deemed filed when it is received by that office. The department
				must provide the petitioner with a file-stamped copy of the petition if the
				petitioner provides an extra copy for this purpose. The petition must be
				typewritten or legibly handwritten in ink and must substantially conform to the
				following form:
BEFORE DEPARTMENT FOR THE BLIND
Petition by (Name of Petitioner) for the (adoption, amendment,
				or repeal) of rules relating to (state subject matter).
}
PETITION FOR RULE MAKING
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 department's authority to take the action urged or to the desirability of
			 that action.
3. A brief summary of
			 petitioner's arguments in support of the action urged in the
			 petition.
4. A brief summary of any
			 data supporting the action urged in the petition.
5. The names and addresses of other persons,
			 or a description of any class of persons, known by petitioner to be affected
			 by, or interested in, the proposed action which is the subject of the
			 petition.
6. Any request by
			 petitioner for a meeting provided for by rule 4.4(17A).
(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 department may deny a petition
			 because it does not substantially conform to the required form.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 4 - Petitions for Rule Making › Rule 111-4.2 - 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 department may request a brief from the
				petitioner or from any other person concerning the substance of the
				petition.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 4 - Petitions for Rule Making › Rule 111-4.3 - 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 Director, Department for the Blind, 524 Fourth Street, Des
				Moines, Iowa 50309-2364.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 4 - Petitions for Rule Making › Rule 111-4.4 - Department Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Forwarding of petition and meeting.
Within 14 days after the
			 filing of a petition, the department shall submit a copy of the petition and
			 any accompanying brief to the administrative rules coordinator and to the
			 administrative rules review committee. Upon request by the petitioner in the
			 petition, the department shall schedule a brief and informal meeting between
			 the petitioner and a member of the staff of the department or a member of the
			 commission to discuss the petition. The department may request the petitioner
			 to submit additional information or argument concerning the petition. Also,
			 comments on the substance of the petition may be submitted to the department 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 department shall, in
			 writing, deny the petition and notify the petitioner of its action and the
			 specific groimds 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 department mails or delivers the required notification to the
			 petitioner
(3)
Denial of a
			 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 the department's rejection of the petition.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.1 - 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 Administrative Office, Department for the Blind, 524 Fourth Street, Des
				Moines, Iowa 50309-2364. 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
				must substantially conform to the following form:
BEFORE DEPARTMENT FOR THE BLIND
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, 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 rule
			 111-5.7 (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 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within ten 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
				111-5.6
				(17A) to whom notice is required by any provision of law.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.3 - 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 days of the filing of a petition for declaratory
			 order and before the 30-day time period for department action under rule 111-
			 5.8(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 administrative office. 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 DEPARTMENT FOR THE BLIND
Petition by (Name of Original Petitioner) for a Declaratory
				Order to (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 commimications should be
				directed.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.4 - 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 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.5 - 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, Department for the Blind, 524 Fourth
				Street, Des Moines, Iowa 50309-2364.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.6 - 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 question presented, simultaneously with its 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 Administrative
			 Office, Department for the Blind, 524 Fourth Street, Des Moines, Iowa
			 50309-2364. All documents are considered filed upon receipt.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by the petitioner, the department must 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 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time frame 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(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 the date of
			 delivery if service is by other means unless another date is specified in the
			 order
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.9 - 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(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 conform 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 imclear, 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 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.10 - 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 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.12 - 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 department
				action on the petition.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 5 - Declaratory Orders › Rule 111-5.13 - Programs Exempted

Current through Register Vol. 47, No. 3, July 24, 2024
The vocational rehabilitation services and business enterprises
				programs are required by federal regulations to conform to similar proceedings
				delineated by their respective federal government grantor agencies. Therefore,
				the provisions of this chapter are not applicable to those
				programs.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 6 - Library for the Blind and Physically Handicapped › Rule 111-6.1 - Function

Current through Register Vol. 47, No. 3, July 24, 2024
The library for the blind and physically handicapped provides
				library services to lowans who are blind, reading disabled and physically
				handicapped, as delineated in rule 6.3(216B), who cannot use information in
				standard print formats.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 6 - Library for the Blind and Physically Handicapped › Rule 111-6.2 - Services

Current through Register Vol. 47, No. 3, July 24, 2024
Services include, but are not limited to, provision and
				circulation of books, magazines and videos in braille, recorded disc, recorded
				cassette, electronic text, descriptive video, or large-type formats; provision
				and maintenance of playback equipment; transcription, production and
				duplication of standard print material into braille, recorded cassette, or
				electronic text formats; and research, acquisition by loan or purchase, or
				production of instructional materials.
(1) Transcription of standard print reading
			 materials into alternative media. Transcription of standard print reading
			 materials into the alternative media of braille, cassette tape, or electronic
			 text shall be provided to the extent that resources areavailable and following
			 research of the library for the blind and physically handicapped and other
			 libraries, volunteer production agencies, and vendors which confirm that the
			 requested item is notavailable in any alternative media which can be
			 effectively used by the library patron; or that the item exists, but cannot be
			 acquired by loan, purchase, or duplication. Priority will be given to requests
			 which enable persons to meet a vocational or educational need. Transcription is
			 one method of providing access to standard print reading materials, and will be
			 used in combination with other resources in order to provide as much support as
			 possible to each person requesting transcription services.
Other requests will be honored contingent upon avaiIABility of
				resources.
(2)
			 Reserved.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 6 - Library for the Blind and Physically Handicapped › Rule 111-6.3 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
The following persons are eligible for services: Blind
				persons;
Physically handicapped persons-
1. Whose visual disability, with correction,
			 regardless of visual measurement, prevents the reading of standard print
			 material, or
2. Who are imable to
			 read or unable to use standard print material as a result of physical
			 limitations, or
3. Who have a
			 reading disability resulting from organic dysfunction, and of sufficient
			 severity, to prevent the reading of print material in a standard manner
(1) Library services areavailable to children
			 and adults.
(2) Eligibility will be
			 determined in compliance with applicable federal and state laws prohibiting
			 discrimination on the basis of age, race, creed, color, sex, national origin,
			 religion, or disability.