Iowa Administrative Code
Agency 751 - Telecommunications and Technology Commission, Iowa
Chapter 3 - Declaratory Orders
Rule 751-3.9 - Refusal to Issue Order
Universal Citation: IA Admin Code 751-3.9
Current through Register Vol. 47, No. 13, December 25, 2024
(1) The Iowa telecommunications and technology 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
commission 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 commission 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.
(2) A refusal to issue a declaratory order must indicate the specific grounds for the refusal and constitutes final commission 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.
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.