Section 201.10.8. Petition for rule making.

A petition for rule making shall be filed in the director’s office, Department of Corrections, 420 Watson Powell Jr.          Way, Des Moines, Iowa 50309. The petition shall either be mailed certified, return receipt requested, or may be delivered in person. An additional copy may be provided if the petitioner wishes to retain a filed stamped copy of the petition. The petition may be either typewritten or legibly printed in ink and must substantially conform to the following form:

DEPARTMENT OF CORRECTIONS 420 WATSON POWELL JR. WAY DES MOINES, IOWA 50309
Petition by ________________(Name)________________ to (Amend, Adopt, or Repeal) Rules Relating to (state subject matter)	}	PETITION FOR RULE MAKING

(Petition must state in separate numbered paragraphs)

        1.            Petitioner’s name, address and telephone number.

        2.            The nature of petitioner’s interest in the matter.

        3.            The text or substance of any requested rule adoption, amendment or repeal, including the text and citation for any current rule in effect.

        4.            The reasons for seeking the requested action, including any statute, rule, data, evidence or arguments which are relevant to the request. Copies of any statute, rule, evidence, etc., shall be attached to the petition.

 

(Petitioner’s Signature)

       10.8(1) Procedure after petition is filed. Upon filing of the petition, the director or designee shall inspect the petition to ensure substantial compliance with the recommended form. If the petition does not contain the text or substance of the proposed amendment or any reasons for the proposed amendment or fails to include copies of any cited statute, rule or evidence, the petition may be rejected and returned to the petitioner along with the reasons for the rejection. Petitioner may then correct the reasons for the rejection and refile the petition. A petition in substantial compliance with the recommended form shall be filed and stamped.

       10.8(2)  Department action. Within 60 days of the filing of a petition, the director shall grant the petition and commence rule making, or deny the petition and notify the petitioner in writing of the grounds for the denial.