Iowa Administrative Code
Agency 605 - HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT
Chapter 3 - DECLARATORY ORDERS
Rule 605-3.9 - Refusal to issue order
Universal Citation: IA Admin Code 605-3.9
Current through Register Vol. 46, No. 19, March 20, 2024
(1) The homeland security and emergency management department shall not issue a declaratory order where prohibited by Iowa Code section 17A9(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 department to issue an order.
3. The department 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 a department 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 homeland security and emergency management department to determine
whether a statute is unconstitutional on its face.
(2) A refusal to issue a declaratory order must indicate the specific grounds for the refusal and constitutes final department action on the petition.
(3) 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.
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