Iowa Department of Public Safety Office of the Commissioner

Administrative Rules Main Page

Existing Rules

Commenting on Administrative Rules

Rules Docket

Rulemaking Plan

Public Hearings

Regulatory Assistance

 

 
Search WWW Search DPS Website

Commenting on Administrative Rules

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, Oran Pape State Office Building, 215 East 7th Street, 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, Oran Pape State Office Building, 215 East 7th Street, 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, State Public Safety Headquarters Building, 215 East 7th Street, 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
State Public Safety Headquarters
Oran Pape State Office Building
215 East 7th Street
Des Moines, Iowa 50319
admrule@dps.state.ia.us

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 Agency Rules Administrator, Iowa Department of Public Safety Headquarters, Oran Pape State Office Building, 215 East 7th Street, 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:

  1. 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.
  2. A citation to any law deemed relevant to the agencys authority to take the action urged or to the desirability of that action.
  3. A brief summary of petitioners 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 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.

 

 

  Mailbox
Click here to sign up for email notifications
Created: 05-10-2006
Last Updated: 3-27-2012 (MRC)