reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 17 - Declaratory Orders › Rule 781-17.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
					qualify under any applicable provision of law as an intervenor and who file a
					petition for intervention within 25 days of the filing of a petition for
					declaratory order shall be allowed to intervene in a proceeding for a
					declaratory order
(2) 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 the treasurer of state.
(3) A petition for intervention shall be
					filed at the department of the treasurer of state at Treasurer of State, State
					Capitol Building, Des Moines, Iowa 50319. Such a petition is deemed filed when
					it is received by that office. The department of the treasurer of state 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:
TREASURER OF STATE
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
					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 communications should be
						directed.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 17 - Declaratory Orders › Rule 781-17.4 - 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 of the treasurer of state may request a
						brief from the petitioner, any intervenor, or any other person concerning the
						questions raised.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 17 - Declaratory Orders › Rule 781-17.5 - 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 Department of the Treasurer of State, State
						Capitol Building, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 17 - Declaratory Orders › Rule 781-17.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
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 persons.
(2)
Filing
-
when required.
All petitions for
					declaratory orders, petitions for intervention, briefs, or other papers in a
					proceeding for a declaratory order shall be filed with the department of the
					treasurer of state at Treasurer of State, State Capitol Building, 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 the
					treasurer of state.
(3)
Service
-
how made.
Service upon a party
					represented by an attorney shall be made upon the attorney unless otherwise
					ordered. 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
(4)
Filing
-
when
					made.
Except where otherwise provided by law, a document is deemed
					filed at the time it is delivered to the department of the treasurer of state,
					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.
(5)
Proof of mailing.
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 (agency office and address) 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)
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 17 - Declaratory Orders › Rule 781-17.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the department of the treasurer of
						state must schedule a brief and informal meeting between the original
						petitioner, all intervenors, and the treasurer of state, or a member of the
						staff of the treasurer of state, to discuss the questions raised. The
						department of the treasurer of state may solicit comments from any person on
						the questions raised. Also, comments on the questions raised may be submitted
						to the department of the treasurer of state by any person.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 17 - Declaratory Orders › Rule 781-17.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within the
					time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a
					petition for a declaratory order, the treasurer of state or designee shall take
					action on the petition as required by 1998 Iowa Acts, chapter 1202, section
					13(5).
(2) The date of issuance of
					an order or of a refusal to issue an order means the date of mailing of a
					decision or order or date of delivery if service is by other means unless
					another date is specified in the order.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 17 - Declaratory Orders › Rule 781-17.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
					of the treasurer of state shall not issue a declaratory order where prohibited
					by 1998 Iowa Acts, chapter 1202, section 13(1), and may refuse to issue a
					declaratory order on some or all questions raised for the following reasons:
1. The petition does not substantially comply
					with the required form.
2. The
					petition does not contain facts sufficient to demonstrate that the petitioner
					will be aggrieved or adversely affected by the failure of the department of the
					treasurer of state to issue an order
3. The department of the treasurer of state
					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 agency 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 an agency 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 of the treasurer of state to determine whether a
					statute is unconstitutional on its face.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 17 - Declaratory Orders › Rule 781-17.10 - 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 781 - Treasurer of State › Chapter 17 - Declaratory Orders › Rule 781-17.12 - 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 of the treasurer of state, 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 the treasurer of state. The
						issuance of a declaratory order constitutes final agency action on the
						petition.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
						all rules adopted by the agency are subject to the provisions of Iowa Code
						chapter 17A, the Iowa administrative procedure Act, and the provisions of this
						chapter;
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the agency
						may, before publication of a Notice of Intended Action under Iowa Code section
						17A.4(1)
"a, "
solicit comments from
						the public on a subject matter of possible rule making by the agency by causing
						notice to be published in the Iowa Administrative Bulletin of the subject
						matter and indicating where, when, and how persons may
						comment.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The agency 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 agency. 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 department of the treasurer of
					state for subsequent proposal under the provisions of Iowa Code section
					17A.4(1)
"a, "
the name and address
					of agency personnel with whom persons may communicate with respect to the
					matter, and an indication of the present status within the agency of that
					possible rule. The agency 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
					17A.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 agency determinations with respect thereto;
h. Any known timetable for agency 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;
k. The date on
					which the rule will become effective; and
l. Where the rule-making record may be
					inspected.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.4 - 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
					agency shall cause 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;
					and
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 agency 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 agency for the resolution of each of those
						issues.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.5 - 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 Department of
					the Treasurer of State, State Capitol Building, Des Moines, Iowa 50319, or the
					person designated in the Notice of Intended Action.
(2)
Oral proceedings.
The
					agency may, at any time, schedule an oral proceeding on a proposed rule. The
					agency 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 agency by the
					administrative rules review committee, a governmental subdivision, an 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 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.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.6 - 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
					agency's small business impact list by making a written application addressed
					to Treasurer of State, State Capitol Building, Des Moines, Iowa 50319. 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 agency 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 agency 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 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 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.7 - 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 agency determines at the time it
					adopts a rule that the fiscal impact statement upon which the rule is based
					contains errors, the agency 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 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
					agency 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 agency 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 agency shall consider fully all of the written submissions and oral
					submissions received in that rule-making proceeding or any memorandum
					summarizing such oral submissions, and any regulatory analysis or fiscal impact
					statement issued in that rule-making proceeding.
(3)
Reliance on agency
					expertise.
Except as otherwise provided by law, the agency may use its
					own experience, technical competence, specialized knowledge, and judgment in
					the adoption of a rule.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The agency
					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 and 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 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.10 - 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 agency 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 agency 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 agency 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.
(3)
Public
					proceedings on rules adopted without them.
The agency 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
					18.10(1). Upon written petition by a governmental subdivision, the
					administrative rules review committee, an agency, the administrative rules
					coordinator, an association having not less than 25 members, or at least 25
					persons, the agency shall commence a standard rule-making proceeding for any
					rule specified in the petition that was adopted in reliance upon subrule
					18.10(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 commenced
					pursuant to this subrule, the agency may either readopt the rule it adopted
					without benefit of all usual procedures on the basis of subrule 18.10(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 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.11 - 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 agency shall issue a concise
					statement of reasons for the rule. Requests for such a statement must be in
					writing and be delivered to Treasurer of State, State Capitol Building, Des
					Moines, Iowa 50319. 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 agency's reasons for overruling the arguments made against the
					rule.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
					adopted by the agency shall contain the text of the rule and, in addition:
a. The date the agency adopted the
					rule;
b. A brief explanation of the
					principal reasons for the rule-making action if such reasons are required by
					1998 Iowa Acts, chapter 1202, section 8, or the agency 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 agency in its discretion decides to include
					such reasons; and
g. The effective
					date of the rule.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.13 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The agency 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 agency 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 agency submissions to the
					administrative rules coordinator concerning that rule or the proceeding upon
					which it is based;
b. Copies of any
					portions of the agency'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 agency, 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 agency and considered by the
					treasurer of state, 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 agency 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 agency 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
					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
					17A.4(4),
					and any agency 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; and
k. A copy of any executive
					order concerning the rule.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall file each rule it adopts in the office of the
						administrative rules coordinator The filing must be executed as soon after
						adoption of the rule 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 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 note or statement is issued. In filing
						a rule, the agency shall use the standard form prescribed by the administrative
						rules coordinator.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The agency 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 agency 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 agency 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 agency 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 agency 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 agency 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 subrule
						18.15(2).
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The agency 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,"
					"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(7)
"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
					subsection shall not be relied on by the agency to the detriment of any person
					who does not have actual, timely knowledge of the contents of the statement
					until the requirements of subrule 18.16(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 781 - Treasurer of State › Chapter 18 - Agency Procedure for Rule Making › Rule 781-18.17 - Review by Agency of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
					interested person, association, agency, or political subdivision may submit a
					written request to the administrative rules coordinator requesting the agency
					to conduct a formal review of a specified rule. Upon approval of that request
					by the administrative rules coordinator, the agency 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 agency 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
					agency 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 agency'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 agency or
					granted by the agency. 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 agency'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 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, a "waiver" means action by the
				agency 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.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
						uniform process for the granting of individual waivers from rules adopted by
						the agency in situations where no other more specifically applicable law
						provides for waivers. To the extent another more specific provision of law
						governs the issuance of a waiver from a particular rule, the more specific
						provision shall supersede this chapter with respect to any waiver from that
						rule.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The agency may grant a waiver from a rule only if the agency
						has jurisdiction over the rule and the requested waiver is consistent with
						applicable statutes, constitutional provisions, or other provisions of law. The
						agency may not waive requirements created or duties imposed by
						statute.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				781-19.6(17A), the agency may in its sole discretion issue an order waiving in
				whole or in part the requirements of a rule if the agency finds, based on clear
				and convincing evidence, all of the following:
1. The application of the rule would impose
			 an undue hardship on the person for whom the waiver is requested;
2. The waiver from the requirements of the
			 rule in the specific case would not prejudice the substantial legal rights of
			 any person;
3. The provisions of
			 the rule subject to the petition for a waiver are not specifically mandated by
			 statute or another provision of law; and
4. 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.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
						agency as follows:
(1)
License
					or authorization application.
If the petition relates to a license or
					authorization application, the petition shall be made in accordance with the
					filing requirements for the license or authorization in question.
(2)
Contested cases.
If the
					petition relates to a pending contested case, the petition shall be filed in
					the contested case proceeding, using the caption of the contested
					case.
(3)
Other
If
					the petition does not relate to a license application or a pending contested
					case, the petition shall be submitted in writing to the treasurer of state's
					office.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
						where applicable and known to the requester:
1. The name, address, and telephone number of
					the entity or person for whom a waiver is being requested and the case number
					of any related contested case.
2. A
					description and citation of the specific rule from which a waiver is
					requested.
3. The specific waiver
					requested, including the precise scope and duration.
4. All relevant facts that the petitioner
					believes would justify a waiver under each of the four criteria described in
					rule 19.4(17A). This statement shall include a signed statement from the
					petitioner attesting to the accuracy of the facts provided in the petition and
					a statement of reasons that the petitioner believes will justify a
					waiver
5. A history of any prior
					contacts between the agency and the petitioner relating to the regulated
					activity, license, or authorization affected by the proposed waiver, including
					a description of each affected license or authorization held by the requester,
					any notices of violation, contested case hearings, or investigative reports
					relating to the regulated activity or license within the last five
					years.
6. All information known to
					the requester regarding the agency's treatment of similar cases.
7. The name, address, and telephone number of
					any public agency or political subdivision which also regulates the activity in
					question or which might be affected by the granting of a waiver
8. The name, address, and telephone number of
					any entity or person who would be adversely affected by the granting of a
					petition.
9. The name, address, and
					telephone number of any person with knowledge of the relevant facts relating to
					the proposed waiver.
10. Signed
					releases of information authorizing persons with knowledge regarding the
					request to furnish the agency with information relevant to the waiver
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
						agency may request additional information from the petitioner relative to the
						petition and surrounding circumstances. If the petition was not filed in a
						contested case, the agency may, on its own motion or at the petitioner's
						request, schedule a telephonic or in-person meeting between the petitioner and
						the treasurer of state, or their designees, a committee of the agency, or a
						quorum of the agency.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall acknowledge a petition upon receipt. The
						agency shall ensure that, within 30 days of the receipt of the petition, notice
						of the pendency of the petition and a concise summary of its contents have been
						provided to all persons to whom notice is required by any provision of law. In
						addition, the agency may give notice to other persons. To accomplish this
						notice provision, the agency may require the petitioner to serve the notice on
						all persons to whom notice is required by any provision of law and provide a
						written statement to the agency attesting that notice has been
						provided.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
						17A.10
						to
						17A.18A
						regarding contested case hearings shall apply to any petition for a waiver
						filed within a contested case and shall otherwise apply to agency proceedings
						for a waiver only when the agency so provides by rule or order or is required
						to do so by statute.