Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the department on aging for
				a declaratory order as to the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of the department on
				aging at the Iowa Department on Aging, Attn: Director, Jessie M. Parker
				Building, 510 East 12th Street, Suite 2, Des Moines, Iowa 50319-9025. A
				petition is deemed filed when it is received by that office. The department on
				aging 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 THE DEPARTMENT ON AGING
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
			 17-18.7
			 (17A).
9. The petitioner's state
			 identification number, if applicable.
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.
Application requests for an informal review of department
				policy, law or rules in relation to specific facts shall be in writing and may
				be submitted electronically or by mail. The request must recite all pertinent
				facts and questions. The department response to a request for informal review
				shall not be considered a declaratory order as specified in Iowa Code chapter
				17A. The department may, at its discretion, choose to issue a declaratory order
				in response to a request for informal review.