Section 721.8.1. Petition for rule making.  


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  • Any person or agency may file a petition for rule making with the secretary of state at the Secretary of State’s Office, First Floor, State Capitol Building, Des Moines, Iowa 50319, or the Secretary of State’s Office, Lucas State Office Building, Des Moines, Iowa 50319. A petition is deemed filed when it is received in either office. The agency must 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:

    SECRETARY OF STATE

    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to amend or repeal a rule, a citation to the particular portion or portions of the rule proposed to be amended or repealed, together with a quotation of the relevant language.

            2.            A citation to any law deemed relevant to the agency’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 721—8.4(17A).

           8.1(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 (if one is involved), and a statement indicating the person to whom communications concerning the petition should be directed.

           8.1(2) The agency may deny a petition because it does not substantially conform to the required form.