Iowa Admin. Code r. 191-4.45 - [Effective until 4/24/2024] Refusal to issue order
(1) The division
shall not issue a declaratory order where prohibited by Iowa Code section
17A.9(1)
and may refuse to issue a declaratory order
on some or all questions raised for any of 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 failure of the division to issue an
order.
c. The division does not
have jurisdiction over the questions presented in the petition.
d. 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.
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 an order.
g. There is no need to issue an order because
the questions raised in the petition have been settled due to a change in
circumstances.
h. 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 division decision already
made.
i. 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 the
petitioner.
j. The petition
requests the division to determine whether a statute is unconstitutional on its
face.
(2) A refusal by
the division to issue a declaratory order must indicate the specific grounds
for refusal and constitutes final agency action on the petition.
(3) Refusal to issue a declaratory order
pursuant to this rule does not preclude a petitioner from filing a new petition
that seeks to eliminate the grounds for refusal to issue a ruling.
Notes
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