Iowa Administrative Code › Agency 877 - Workforce Development Board and Workforce Development Center Administration Division › Chapter 26 - Petitions › Rule 877-26.2 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the department of workforce
				development for a declaratory order as to the applicability to specified
				circumstances of a statute, rule, or order within the primary jurisdiction of
				the department of workforce development at its offices at 1000 East Grand
				Avenue, Des Moines, Iowa 50319. A petition is deemed filed when it is received
				by that office. The department of workforce development shall provide the
				petitioner with a file-stamped copy of the petition if the petitioner provides
				the agency an extra copy for this purpose. The petition must be typewritten or
				legibly handwritten in ink and must substantially conform to the following
				form:
DEPARTMENT OF WORKFORCE DEVELOPMENT DIVISION OF WORKFORCE
				DEVELOPMENT CENTER ADMINISTRATION
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 subrule 26.2(6).
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 the petitioner's representative and
				a statement indicating the person to whom communications concerning the
				petition should be directed.
(1)
Notice of petition.
Within 10 days after receipt of a petition
			 for a declaratory order, the department of workforce development shall give
			 notice of the petition to all persons not served by the petitioner pursuant to
			 subrule 26.2(5) to whom notice is required by any provision of law. The
			 department of workforce development may also give notice to any other
			 persons.
(2)
Interventions.
Persons who qualify under applicable provision
			 of law as an intervenor and who file a petition for intervention within 20 days
			 of the filing of a petition for declaratory order shall be allowed to intervene
			 in a proceeding for a declaratory order. Any person who files a petition for
			 intervention at any time prior to the issuance of an order may be allowed to
			 intervene in a proceeding for a declaratory order at the discretion of the
			 department of workforce development. A petition for intervention shall be filed
			 at 1000 East Grand Avenue, Des Moines, Iowa 50319. Such petition is deemed
			 filed when it is received by that office. The department of workforce
			 development will provide the petitioner with a file-stamped copy of the
			 petition for intervention if the petitioner provides an extra copy for this
			 purpose. A petition for intervention must be typewritten or legibly handwritten
			 in ink and must substantially conform to the following form:
DEPARTMENT OF WORKFORCE DEVELOPMENT DIVISION OF WORKFORCE
				DEVELOPMENT CENTER ADMINISTRATION
Petition by (Name of Original Petitioner) for a Declaratory
				Order on (Cite provisions of law cited in the original petition).
}
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervener's standing and qualification 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, any governmental entity.
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
				intervener's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervener's representative, and a
				statement indicating the person to whom communications should be
				directed.
(3)
Briefs.
The petitioner or intervenor may file a brief in
			 support of the position urged. The department of workforce development may
			 request a brief from the petitioner, any intervenor or any other person
			 concerning the questions raised.
(4)
Inquiries.
Inquiries
			 concerning the status of a declaratory order proceeding may be made to the
			 Director, Department of Workforce Development, 1000 East Grand Avenue, Des
			 Moines, Iowa 50319.
(5)
Service and filing of petitions and other papers.
a. Except where otherwise provided by law,
			 every petition for declaratory order, petition for intervention, brief, or
			 other paper filed in a proceeding for a declaratory order shall be served upon
			 each of the parties of record to the proceeding, and on all other persons
			 identified in the petition for declaratory order or petition for intervention
			 as affected by or interested in the questions presented, simultaneously with
			 their filing. The party filing a document is responsible for service on all
			 parties and other affected or interested parties.
b. 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, Department of Workforce
			 Development, 1000 East Grand Avenue, Des Moines, Iowa 50319. All petitions,
			 briefs, or other papers that are required to be served upon a party shall be
			 filed simultaneously with the department of workforce development.
c. Service upon a party represented by an
			 attorney shall be made upon the attorney and a copy will be sent to the
			 petitioner. Service is made by delivery or by mailing a copy to the person's
			 last-known address. Service by mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule, or order.
d. After the notice of hearing, all
			 pleadings, motions, documents or other papers that are required to be served
			 upon a party shall be filed simultaneously with the department of workforce
			 development.
e. Except where
			 otherwise provided by law, a document is deemed filed at the time it is
			 delivered to the department of workforce development, delivered to an
			 established courier service for immediate delivery to that office, or mailed by
			 first-class mail or state interoffice mail to that office, so long as there is
			 proof of mailing.
f.Proof of
			 mailing includes either: a legible United States Postal Service postmark on the
			 envelope, a certificate of service, a notarized affidavit, or a certification
			 in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the Department of Workforce Development, 1000 East Grand Avenue,
				Des Moines, Iowa 50319, and to the names and addresses of the parties listed
				below by depositing the same in (a United States post office mailbox with
				correct postage properly affixed or state interoffice mail).
(Date)
(Signature)
(6)
Consideration.
Upon
			 request by petitioner, the department of workforce development must schedule a
			 brief and informal meeting between the original petitioner, all intervenors,
			 and the department, a member of the department, or 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.
(7)
Action on petition.
Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after
			 receipt of a petition for a declaratory order, the director or designee shall
			 take action on the petition as required by 1998 Iowa Acts, chapter 1202,
			 section 13(5). The date of issuance of an order or of a refusal to issue an
			 order is the date of mailing of the decision or date of delivery if service by
			 another means unless another date is specified in the order. The administrative
			 rules committee of the workforce development board will be advised of the
			 disposition of all petitions.
(8)
Refusal to issue order.
The department of workforce
			 development 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 of the questions raised for the following reasons:
a. The petition does not substantially comply
			 with the required form.
b. The
			 petition does not contain facts sufficient to demonstrate that the petitioner
			 will be aggrieved or adversely affected by the failure of the department of
			 workforce development to issue an order.
c. The department of workforce development
			 does not have jurisdiction over the questions presented in the
			 petition.
d. The questions
			 presented by the petition are also presented in a current rule making,
			 contested case, or other agency or judicial proceeding, that may definitively
			 resolve them.
e. 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.
f.The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
g. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
h. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge an agency decision already
			 made.
i. 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.
j. The petitioner
			 requests the department of workforce development to determine whether a statute
			 is unconstitutional on its face.
A refusal to issue a declaratory order must indicate the
				specific grounds for the refusal and constitutes final agency action on the
				petition.
Refusal to issue a declaratory order pursuant to this provision
				does not preclude the filing of a new petition that seeks to eliminate the
				grounds for the refusal to issue an order.
(9)
Contents of declaratory
			 order-effective date.
In addition to the order itself, a declaratory
			 order must contain the date of its issuance, the name of petitioner and all
			 intervenors, 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.
(10)
Copies of orders.
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.
(11)
Effect of a declaratory
			 order.
A declaratory order has the same status and binding effect as a
			 final order issued in a contested case proceeding. It is binding on the
			 department of workforce development and the petitioner, and any intervenors who
			 consent to be bound and is applicable only in circumstances where the relevant
			 facts and the law involved are indistinguishable from those on which the order
			 was based. As to all other persons, a declaratory order serves only as
			 precedent and is not binding on the department of workforce development. The
			 issuance of a declaratory order constitutes final agency action on the
			 petition. The administrative rules committee of the workforce development board
			 will be advised of the disposition of all declaratory orders.
This rule is intended to implement Iowa Code chapter 17A as
				amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter
				96.