Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Petition for declaratory
order Any person may file a petition with the commission for a
declaratory order as to the applicability to specified circumstances of a
statute, rule, or order within the primary jurisdiction of the commission, at
its location as defined in 161-paragraph 1.1(1)"b." A petition
is deemed filed when it is received by that office. The commission shall
provide the petitioner with a file-stamped copy of the petition if the
petitioner provides the commission an extra copy for this purpose. The petition
must be typewritten or legibly handwritten in ink and must substantially
conform to the following form:
IOWA CIVIL RIGHTS COMMISSION
Petition by (Name of Petitioner) for a Declaratory Order on
(Cite provisions of law involved).
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PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
relevant facts on which the order is requested.
2. A citation and the relevant language of
the specific statutes, rules, policies, decisions, or orders, whose
applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
stated clearly and concisely.
4.
The answers to questions desired by the petitioner and a summary of the reasons
urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
petitioner is currently a party to another proceeding involving the questions
at issue and whether, to the petitioner's knowledge, those questions have been
decided by, are pending determination by, or are under investigation by, any
governmental entity.
7. 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 questions presented in
the petition.
8. Any request by
petitioner for a meeting provided by 1.4(7).
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, and a
statement indicating the person to whom communications concerning the petition
should be directed.
(2)
Notice of petition.
Within 15 days after receipt of a petition for a declaratory order, the
commission shall give notice of the petition to all persons not served by the
petitioner pursuant to 1.4(6) to whom notice is required by any provision of
law. The commission may also give notice to other persons.
(3)
Intervention.
a. Persons who qualify under any applicable
provision of law as an intervenor and who file a petition for intervention
within 30 days of the filing of a petition for declaratory order shall be
allowed to intervene in a proceeding for a declaratory order
b. Any person who files a petition for
intervention at any time prior to the issuance of an order may be allowed to
intervene in a proceeding for a declaratory order at the discretion of the
commission.
c. A petition for
intervention shall be filed at the commission office. Such a petition is deemed
filed when it is received by that office. The commission will provide the
petitioner with a file-stamped copy of the petition for intervention if the
petitioner provides an extra copy for this purpose. A petition for intervention
must be typewritten or legibly handwritten in ink and must substantially
conform to the following form:
IOWA CIVIL RIGHTS COMMISSION
Petition by (Name of Original Petitioner) for a Declaratory
Order on (Cite provisions of law cited in original petition).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
information:
(1) Facts supporting the
intervenor's standing and qualifications for intervention.
(2) The answers urged by the intervenor to
the question or questions presented and a summary of the reasons urged in
support of those answers.
(3)
Reasons for requesting intervention and disclosure of the intervenor's interest
in the outcome.
(4) A statement
indicating whether the intervenor is currently a party to any proceeding
involving the questions at issue and whether, to the intervenor's knowledge,
those questions have been decided by, are pending determination by, or are
under investigation by, any governmental entity.
(5) The names and addresses of any additional
persons, or a description of any additional class of persons known by the
intervenor to be affected by, or interested in, the questions
presented.
(6) Whether the
intervenor consents to be bound by the determination of the matters presented
in the declaratory order proceeding.
The petition must be dated and signed by the intervenor or the
intervenor's representative. It must also include the name, mailing address,
and telephone number of the intervenor and intervenor's representative, and a
statement indicating the person to whom communications should be
directed.
(4)
Briefs. The petitioner
or any intervenor may file a brief in support of the position urged. The
commission may request a brief from the petitioner, any intervenor, or from any
other person concerning the questions raised.
(5)
Inquiries. Inquiries
concerning the status of a declaratory order proceeding may be made to the
executive director at the commission's office.
(6)
Service and filing of petitions
and other papers.
a.
When
service required. Except where otherwise provided by law, every
petition for declaratory order, petition for intervention, brief, or other
paper filed in a proceeding for a declaratory order shall be served upon each
of the parties of record to the proceeding, and on all other persons identified
in the petition for declaratory order or petition for intervention as affected
by or interested in the questions presented, simultaneously with their filing.
The party filing a document is responsible for service on all parties and other
affected or interested persons.
b.
Filing -
when required. All petitions for
declaratory orders, petitions for intervention, briefs, or other papers in a
proceeding for a declaratory order shall be filed with the commission at its
location as defined in 161-paragraph 1.1(1)
"b. " All
petitions, briefs, or other papers that are required to be served upon a party
shall be filed simultaneously with the Iowa civil rights commission.
c.
Method of service, time of
filing, and proof of mailing. Method of service shall be by regular
mail. Time of filing and proof of mailing shall be as provided by 161-subrule
3.5(8).
(7)
Consideration. Upon request by petitioner, the commission must
schedule a brief and informal meeting between the original petitioner, all
intervenors, and the commission, a member of the commission, or a member of the
staff of the commission, to discuss the questions raised. The commission may
solicit comments from any person on the questions raised. Also, comments on the
questions raised may be submitted to the commission by any person.
(8)
Action on petition.
a. Within the time allowed by 1998 Iowa Acts,
chapter 1202, section 13(5), after receipt of a petition for a declaratory
order, the executive director or designee shall take action on the petition as
required by 1998 Iowa Acts, chapter 1202, section 13(5).
b. The date of issuance of an order or of a
refusal to issue an order is as defined in Iowa Code section
216.17(1).
c. Within 20 days of the issuance of a
declaratory order, the petitioner or intervenors may appeal that order to the
commissioners. The commissioners will consider the appeal at a subsequent
commissioners' meeting and will either affirm, overturn, or remand the
order
(9)
Refusal to issue order.
a.
The commission shall not issue a declaratory order where prohibited by 1998
Iowa Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory
order on some or all questions raised for the following reasons:
(1) The petition does not substantially
comply with the required form.
(2)
The petition does not contain facts sufficient to demonstrate that the
petitioner will be aggrieved or adversely affected by the failure of the
commission to issue an order
(3)
The commission does not have jurisdiction over the questions presented in the
petition.
(4) The questions
presented by the petition are also presented in a current rule making,
contested case, or other agency or judicial proceeding, that may definitively
resolve them.
(5) 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.
(6) The facts or questions presented in the
petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
basis upon which to issue an order
(7) There is no need to issue an order
because the questions raised in the petition have been settled due to a change
in circumstances.
(8) The petition
is not based upon facts calculated to aid in the planning of future conduct but
is, instead, based solely upon prior conduct in an effort to establish the
effect of that conduct or to challenge an agency decision already
made.
(9) The petition requests a
declaratory order that would necessarily determine the legal rights, duties, or
responsibilities of other persons who have not joined in the petition,
intervened separately, or filed a similar petition and whose position on the
questions presented may fairly be presumed to be adverse to that of
petitioner
(10) The petitioner
requests the commission to determine whether a statute is unconstitutional on
its face.
b. A refusal
to issue a declaratory order must indicate the specific grounds for the refusal
and constitutes final agency action on the petition.
c. Refusal to issue a declaratory order
pursuant to this provision does not preclude the filing of a new petition that
seeks to eliminate the grounds for the refusal to issue an order
(10)
Contents of
declaratory order -effective date. In addition to the
order itself, a declaratory order must contain the date of its issuance, the
name of petitioner and all intervenors, the specific statutes, rules, policies,
decisions, or orders involved, the particular facts upon which it is based, and
the reasons for its conclusion.
A declaratory order is effective on the date of
issuance.
(11)
Copies of orders. A copy of all orders issued in response to a
petition for a declaratory order shall be mailed promptly to the original
petitioner and all intervenors.
(12)
Effect of declaratory
order A declaratory order has the same status and binding effect as a
final order issued in a contested case proceeding. It is binding on the
commission, the petitioner, and any intervenors who consent to be bound and is
applicable only in circumstances where the relevant facts and the law involved
are indistinguishable from those on which the order was based. As to all other
persons, a declaratory order serves only as precedent and is not binding on the
commission. The issuance of a declaratory order constitutes final agency action
on the petition.
