Section 187.5.1. Petition for rule making.  


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  • Any person may file a petition for rule making with the division at the Division of Banking, Attn: Rules Coordinator, 200 East Grand Avenue, Suite 300, Des Moines, Iowa 50309-1827. A petition is deemed filed when it is received by that office. The division must provide the petitioner with a file-stamped copy of the petition if the petitioner provides the division 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 COMMERCE

    DIVISION OF BANKING

    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rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.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 division’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 5.4(17A).

           5.1(1) The petition must be dated and signed by the petitioner or the petitioner’s representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner’s representative, and a statement indicating the person to whom communications concerning the petition should be directed.

           5.1(2) The division may deny a petition because it does not substantially conform to the required form.