CHAPTER 11
DECLARATORY ORDERS
286—11.1(17A) Definitions.
“Division” means the division of libraries and information services of the department of education.
“Person” means an individual, library, government or governmental subdivision or agency, partnership or association, or any legal entity.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.2(17A) Petition for declaratory order. Any person may file a petition with the division for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the division, at the State Library, Ola Babcock Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319. A petition is deemed filed when it is received by the division. The division shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the division an extra copy for this purpose. The petition must be dated and signed by the petitioner or the petitioner's representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner's representative and a statement indicating the person to whom communications concerning the petition should be directed. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

DIVISION OF LIBRARIES AND INFORMATION SERVICES	
Petition by (Name of Petitioner)
for a Declaratory Order on
(Cite provisions of law involved).	}	PETITION FOR
DECLARATORY ORDER	
The petition must provide the following information:
	1.	A clear and concise statement of all relevant facts on which the order is requested.
	2.	A citation and the relevant language of the specific statutes, rules, policies, decisions, or orders whose applicability is questioned, and any other relevant law.
	3.	The questions petitioner wants answered, stated clearly and concisely.
	4.	The answers to the questions desired by the petitioner and a summary of the reasons urged by the petitioner in support of those answers.
	5.	The reasons for requesting the declaratory order and disclosure of the petitioner's interest in the outcome.
	6.	A statement indicating whether the petitioner is currently a party to another proceeding involving the questions at issue and whether, to the petitioner's knowledge, those questions have been decided by, are pending determination by, or are under investigation by any governmental entity.
	7.	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 questions presented in the petition.
	8.	Any request by petitioner for a meeting provided for by rule 11.8(17A).
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.3(17A) Notice of petition. Within 15 days after receipt of a petition for a declaratory order, the division shall give notice of the petition to all persons not served by the petitioner pursuant to whom notice is required by any provision of law. The division may also give notice to any other persons.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.4(17A) Intervention.
	11.4(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 15 days of the filing of a petition for declaratory order (after time for notice under rule 11.3(17A) and before 30-day time for division action under rule 11.9(17A)) shall be allowed to intervene in a proceeding for a declaratory order.
	11.4(2) Any person who files a petition for intervention at any time prior to the issuance of an order may be allowed to intervene in a proceeding for a declaratory order at the discretion of the division.
	11.4(3) A petition for intervention shall be filed at the State Library, Ola Babcock Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319. Such a petition is deemed filed when it is received by that office. The division will provide the petitioner with a file-stamped copy of the petition for intervention if the petitioner provides an extra copy for this purpose. The petition must be dated and signed by the intervenor or the intervenor's representative. It must also include the name, mailing address, and telephone number of the intervenor and intervenor's representative, and a statement indicating the person to whom communications should be directed. A petition for intervention must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

DIVISION OF LIBRARIES AND INFORMATION SERVICES	
Petition by (Name of Original Petitioner)
for a Declaratory Order on
(Cite provisions of law involved).	}	PETITION FOR
INTERVENTION	
The petition for intervention must provide the following information:
	1.	Facts supporting the intervenor's standing and qualifications for intervention.
	2.	The answers urged by the intervenor to the question or questions presented and a summary of the reasons urged in support of those answers.
	3.	Reasons for requesting intervention and disclosure of the intervenor's interest in the outcome.
	4.	A statement indicating whether the intervenor is currently a party to any proceeding involving the questions at issue and whether, to the intervenor's knowledge, those questions have been decided by, are pending determination by, or are under investigation by any governmental entity.
	5.	The names and addresses of any additional persons or a description of any additional class of persons known by the intervenor to be affected by or interested in the questions presented.
	6.	Whether the intervenor consents to be bound by the determination of the matters presented in the declaratory order proceeding.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.5(17A) Briefs. The petitioner or any intervenor may file a brief in support of the position urged. The division may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.6(17A) Inquiries. Inquiries concerning the status of a declaratory order proceeding may be made to the State Librarian, State Library, Ola Babcock Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.7(17A) Service and filing of petitions and other papers.
	11.7(1) When service required. Except where otherwise provided by law, every petition for declaratory order, petition for intervention, brief, or other paper filed in a proceeding for a declaratory order shall be served upon each of the parties of record to the proceeding, and on all other persons identified in the petition for declaratory order or petition for intervention as affected by or interested in the questions presented, simultaneously with a filing. The party filing a document is responsible for service on all parties and other affected or interested persons.
	11.7(2) Filing—when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order shall be filed with the State Librarian, State Library, Ola Babcock Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.8(17A) Consideration. Upon request by petitioner, the division must schedule a brief and informal meeting between the original petitioner, all intervenors, and a member of the division to discuss the questions raised. The division may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to the division by any person.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.9(17A) Action on petition. Within the time allowed by Iowa Code section 17A.9, after receipt of a petition for a declaratory order, the division shall take action on the petition as required by Iowa Code section 17A.9.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.10(17A) Refusal to issue order.
	11.10(1) The division shall not issue a declaratory order where prohibited by Iowa Code section 17A.9 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 division to issue an order.
	3.	The division 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 the petitioner.
	10.	The petitioner requests that the division determine whether a statute is unconstitutional on its face.
	11.10(2) A refusal to issue a declaratory order must indicate the specific grounds for the refusal and constitutes final agency action on the petition.
	11.10(3) A 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 a ruling.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.11(17A) Contents of declaratory order—effective date. In addition to the order itself, a declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion. A declaratory order is effective on the date of issuance.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.12(17A) Copies of orders. Copies of all orders issued in response to a petition for a declaratory order shall be mailed promptly to the original petitioner and all intervenors.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
286—11.13(17A) Effect of a declaratory order. A declaratory order has the same status and binding effect as a final order issued in a contested case proceeding. It is binding on the division, the petitioner, and any intervenors who consent to be bound and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the order was based. As to all other persons, a declaratory order serves only as precedent and is not binding on the division. The issuance of a declaratory order constitutes final agency action on the petition.
[ARC 7597B, IAB 2/25/09, effective 4/1/09]
These rules are intended to implement Iowa Code section 17A.9.
[Filed ARC 7597B (Notice ARC 7465B, IAB 12/31/08), IAB 2/25/09, effective 4/1/09]