17A.7 - PETITION FOR ADOPTION OF RULES AND REQUEST FOR REVIEW OF RULES.
17A.7 PETITION FOR ADOPTION OF RULES AND REQUEST FOR
REVIEW OF RULES.
1. An interested person may petition an agency requesting the
adoption, amendment, or repeal of a rule. Each agency shall
prescribe by rule the form for petitions and the procedure for their
submission, consideration, and disposition. Within sixty days after
submission of a petition, the agency either shall deny the petition
in writing on the merits, stating its reasons for the denial, or
initiate rulemaking proceedings in accordance with section 17A.4, or
issue a rule if it is not required to be issued according to the
procedures of section 17A.4, subsection 1.
2. a. Any interested person, association, agency, or
political subdivision may submit a written request to the
administrative rules coordinator for an agency to conduct a formal
review of a specified rule of that agency to determine whether the
rule should be repealed or amended or a new rule adopted instead.
The administrative rules coordinator shall determine whether the
request is reasonable and does not place an unreasonable burden upon
the agency.
b. If the agency has not conducted such a review of the
specified rule within a period of five years prior to the filing of
the written request, and upon a determination by the administrative
rules coordinator that the request is reasonable and does not place
an unreasonable burden upon the agency, the agency shall prepare
within a reasonable time a written report with respect to the rule
summarizing the agency's findings, its supporting reasons, and any
proposed course of action. The report must include, for the
specified rule, a concise statement of all of the following:
(1) The rule's effectiveness in achieving its objectives,
including a summary of any available data supporting the conclusions
reached.
(2) Written criticisms of the rule received during the previous
five years, including a summary of any petitions for waiver of the
rule tendered to the agency or granted by the agency.
(3) Alternative solutions regarding the subject matter of the
criticisms and the reasons they were rejected or the changes made in
the rule in response to those criticisms and the reasons for the
changes.
c. A copy of the report shall be sent to the administrative
rules review committee and the administrative rules coordinator and
shall be made available for public inspection. Section History: Early Form
[C75, 77, 79, 81, § 17A.7] Section History: Recent Form
98 Acts, ch 1202, § 11, 46; 2008 Acts, ch 1032, §136