Iowa Administrative Code
Agency 141 - Ombudsman
Chapter 6 - Declaratory Rulings
Rule 141-6.3 - Refusal to Issue Ruling
Universal Citation: IA Admin Code 141-6.3
Current through Register Vol. 47, No. 6, September 18, 2024
(1) Refusal for good cause. The agency may refuse to issue a declaratory ruling for good cause, which may include, but is not limited to, the following reasons:
a. The petition does
not substantially comply with the required form.
b. The petition does not contain facts
sufficient to demonstrate that the petitioner will be aggrieved or adversely
affected by the failure of the agency to issue a ruling.
c. The agency does not have jurisdiction over
the questions presented in the petition.
d. The questions presented by the petition
are also presented in a current investigative, rule-making, or other agency or
judicial proceeding that may definitively resolve them.
e. The questions presented by the petition
would more properly be resolved in a different type of proceeding or by another
body with jurisdiction over the matter.
f. The facts or questions presented in the
petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
basis upon which to issue a ruling.
g. There is no need to issue a ruling because
the questions raised in the petition have been settled due to a change in
circumstances, fact, or law.
h. The
petition is not based upon facts calculated to aid in the planning of future
conduct but instead describes prior conduct in an effort to establish the
effect of that conduct or to challenge a decision already made by the
agency.
i. The petition requests a
declaratory ruling that would necessarily determine the legal rights of other
persons who have not joined in the petition or filed a similar petition and
whose position on the questions may fairly be presumed to be adverse to that of
the petitioner
j. The petitioner
requests the agency to determine whether a statute is unconstitutional on its
face.
(2) Decision. A decision by the agency to refuse to issue a declaratory ruling shall state the specific grounds for the refusal and constitutes final agency action on the petition.
(3) Refiling. A refusal to issue a declaratory ruling does not preclude the filing of a new petition which seeks to eliminate the grounds for the agency's refusal to issue a ruling.
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