| Commenting on Proposed Rules | Becoming a Registered Stakeholder |
| Commenting on Existing Rules | Petitioning for Rulemaking |
The Iowa Administrative Procedure Act (Iowa Code Chapter 17A)
contemplates administrative rulemaking as a process as accessible
to the public as possible. The Iowa Department of Public Safety
encourages any interested party to contact the Department to
comment on any existing rules of the Department or any rulemaking
in which the Department is currently engaged, or to inquire
about existing or proposed rules.
Commenting on Proposed Rules
Whenever the Department formally proposes the adoption of
new administrative rules or the amendment of existing rules,
this is announced through the publication of a Notice of Intended
Action in the Iowa Administrative Bulletin. In addition, anyone
interested in particular administrative rules of the Department
may request to become a registered stakeholder regarding those
rules and will be notified whenever rulemaking affecting the
rules which the stakeholder has indicated are of interest to
the stakeholder is being undertaken.
Each Notice of Intended Action includes information on submitting
comments regarding the proposed rules or amendments contained
in the Notice. Comments may be submitted by electronic mail,
regular mail to the Agency Rules Administrator, Iowa Department
of Public Safety, Wallace State Office Building, Des Moines,
Iowa 50319, by speaking or submitting written material at a
public hearing.
Registered Stakeholders
The Iowa Department of Public Safety invites any interested
party, whether individual or organization to register as a
stakeholder with regard to any chapter or chapters of the Department's
administrative rules. Registered stakeholders will receive
notification whenever the Department is undertaking rulemaking
in the area or areas they have indicated interest, and will
receive a copy of any proposed rulemaking in the area of interest
or instructions on how to retrieve a copy electronically on
line. Registration may be accomplished via electronic mail,
or by sending a written request to the Agency Rules Administrator,
Iowa Department of Public Safety, Wallace State Office Building,
Des Moines, Iowa 50319. The request should include the name
of the individual or organization, street address, city, state,
zip code, telephone number, and an e-mail address, if available,
and should indicate which chapter or chapters of the Department's
adminstrative rules are of interest.
Commenting on Existing Rules
Anyone may comment on existing rules of the Department at
any time. Comments should be directed to the Agency Rules Administrator
via e-mail or regular mail at Agency Rules Administrator, Iowa
Department of Public Safety, Wallace State Office Building,
Des Moines, Iowa 50319.
Formal requests to the Department to adopt or amend administrative
rules may be made by petitioning the Department. Rulemaking
petitions may be filed with the Department by regular mail
at the following address:
Agency Rules Administrator
Iowa Department of Public Safety
Wallace State Office Building
Des Moines, Iowa 50319
The formal requirements and procedures for petitioning the
Department for rulemaking are contained in 661 Iowa Administrative
Code, rule 661-10.218(17A), the text of which appears below.
661-10.218(17A) Petition for rule making. Any person or agency
may file a petition for rule making with the department at
the Plans and Research Bureau, Department of Public Safety,
Wallace State Office Building, Des Moines, Iowa 50319. A petition
is deemed filed when it is received by that office. The agency
must provide the petitioner with a filestamped 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 PUBLIC SAFETY: 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:
- A statement of the specific rulemaking 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.
- A citation to any law deemed relevant to the agencys authority
to take the action urged or to the desirability of that action.
- A brief summary of petitioners arguments in support of the
action urged in the petition.
- A brief summary of any data supporting the action urged
in the petition.
- 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.
- Any request by petitioner for a meeting provided for by
subrule 10.221(1). IAC 5/19/99
10.218(1) The petition must be dated and signed by the petitioner
or the petitioners representative. It must also include the
name, mailing address, and telephone number of the petitioner
and petitioners representative, and a statement indicating
the person to whom communications concerning the petition should
be directed.
10.218(2) The department may deny a petition because it does
not substantially conform to the required form.
661-10.219(17A) Briefs. The petitioner may attach a brief
to the petition in support of the action urged in the petition.
The department may request a brief from the petitioner or from
any other person concerning the substance of the petition.
661-10.220(17A) Inquiries. Inquiries concerning the status
of a petition for rule making may be made to the Administrative
Rules Coordinator, Plans and Research Bureau, Department of
Public Safety, Wallace State Office Building, Des Moines, Iowa
50319. [Note that this text is outdated and that inquiries
should be addressed to the Agency Rules Administrator.
661-10.221(17A) Agency
consideration.
10.221(1) Within 14 days after the filing of a petition, the
department must submit a copy of the petition and any accompanying
brief to the administrative rules coordinator and to the
administrative rules review committee. Upon request by petitioner
in the petition, the department may schedule a brief and
informal meeting between the petitioner and the agency, a
member of the agency, or a member of the staff of the agency,
to discuss the petition. The department may request the petitioner
to submit additional information or argument concerning the
petition. The department may also solicit comments from any
person on the substance of the petition. Also, comments on
the substance of the petition may be submitted to the department
by any person.
10.221(2) Within 60 days after the filing of the petition,
or within any longer period agreed to by the petitioner, the
department must, in writing, deny the petition, and notify
petitioner of its action and the specific grounds for the denial,
or grant the petition and notify petitioner that it has instituted
rulemaking proceedings on the subject of the petition. Petitioner
shall be deemed notified of the denial or grant of the petition
on the date when the agency mails or delivers the required
notification to petitioner.
10.221(3) Denial of a petition because it does not substantially
conform to the required form does not preclude the filing of
a new petition on the same subject that seeks to eliminate
the grounds for the agencys rejection of the petition. |
