Iowa Admin. Code r. 781-17.9 - Refusal to issue order
(1) The department
of the treasurer of state 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 department of the
treasurer of state to issue an order
3. The department of the treasurer of state
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 department of the treasurer of state 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 agency
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.
Notes
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