CHAPTER 3
PETITIONS FOR RULE MAKING
129—3.1(17A) Petition for rule making.
	3.1(1) Filing. Any person, other state agency, or board may file a petition for rule making with the office of the chief information officer at Office of the Chief Information Officer, Hoover State Office Building, Level B, 1305 East Walnut Street, Des Moines, Iowa 50319. A petition is deemed filed when it is received by the office. The office shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the office an extra copy for this purpose.
	3.1(2) Form. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

OFFICE OF THE CHIEF INFORMATION OFFICER	
Petition by (Name of Petitioner)
for the (adoption, amendment, or repeal)
of rules relating to (state the subject matter).	}
		PETITION FOR
RULE MAKING	
	3.1(3) Content. The petition must provide the following information:
	a. 	A statement of the specific rule-making action sought by the petitioner including the text or a summary of the contents of the proposed rule or amendment to a rule and, if it is a petition to amend or repeal a rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.
	b. 	A citation to any law deemed relevant to the office’s authority to take the action urged or to the desirability of that action.
	c. 	A brief summary of petitioner’s arguments in support of the action urged in the petition.
	d. 	A brief summary of any data supporting the action urged in the petition.
	e. 	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 proposed action which is the subject of the petition.
	f. 	Any request by the petitioner for a meeting provided for by rule 129—3.4(17A).
	3.1(4) Additional requirements. The petition must:
	a. 	Be dated and signed by the petitioner or the petitioner’s representative;
	b. 	Include the name, mailing address, and telephone number of the petitioner and petitioner’s representative; and
	c. 	Include a statement indicating the person to whom communications concerning the petition should be directed.
	3.1(5) Denial. The chief information officer (CIO) may deny a petition if it does not substantially conform to or comply with the above requirements relating to filing, form, content, or additional requirements.
[ARC 2542C, IAB 5/25/16, effective 6/29/16]
129—3.2(17A) Briefs. The petitioner may attach a brief to the petition in support of the action urged in the petition. The CIO, or the CIO’s designee, may request a brief from the petitioner or from any other person concerning the substance of the petition.
[ARC 2542C, IAB 5/25/16, effective 6/29/16]
129—3.3(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to the Office of the Chief Information Officer, Hoover State Office Building, Level B, 1305 East Walnut Street, Des Moines, Iowa 50319.
[ARC 2542C, IAB 5/25/16, effective 6/29/16]
129—3.4(17A) Office consideration.
	3.4(1) Within 14 days after the filing of a petition, the office must submit a copy of the petition and any accompanying brief to the administrative rules coordinator and to the administrative rules review committee. Upon request by petitioner in the petition, the office must schedule a brief and informal meeting between the petitioner and the office to discuss the petition. The office may request the petitioner to submit additional information or argument concerning the petition. The office may also solicit comments from any person on the substance of the petition. Comments on the substance of the petition may also be submitted to the office by any person.
	3.4(2) Within 60 days after the filing of the petition, or within any longer period agreed to by the petitioner, the office must, in writing, deny the petition, and notify petitioner of its action and the specific grounds for the denial, or grant the petition and notify petitioner that it has instituted rule-making proceedings on the subject of the petition. The petitioner shall be deemed notified of the denial or granting of the petition on the date when the office mails or delivers the required notification to the petitioner.
	3.4(3) Denial of a petition because it does not substantially conform to the required form does not preclude the filing of a new petition on the same subject that seeks to eliminate the grounds for the office’s rejection of the petition.
[ARC 2542C, IAB 5/25/16, effective 6/29/16]
These rules are intended to implement Iowa Code chapters 8B and 17A.
[Filed ARC 2542C (Notice ARC 2421C, IAB 3/2/16), IAB 5/25/16, effective 6/29/16]