CHAPTER 26
PETITIONS FOR RULE MAKING
657—26.1(17A) Petition for rule making. Any person, association, agency, or political subdivision may file a petition for rule making with the board of pharmacy at 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688. A petition is deemed filed when received by that office. The board shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the board an extra copy for this purpose. The petition must be typewritten, machine printed, or legibly handwritten in ink and must substantially conform to the following form:

IOWA BOARD OF PHARMACY	
Petition by (Name of Petitioner)
for the (adoption, amendment, or repeal)
of rules relating to (state subject matter).	}	PETITION FOR
RULE MAKING	
The petition shall include the following information:
	1.	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rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.
	2.	A citation to any law deemed relevant to the board’s authority to take the action urged or to the desirability of that action.
	3.	A brief summary of petitioner’s arguments in support of the action urged in the petition.
	4.	A brief summary of any data supporting the action urged in the petition.
	5.	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.
	6.	Any request by petitioner for a meeting provided for by rule 657—26.4(17A).
	7.	Original signature of petitioner and date signed.
[ARC 3346C, IAB 9/27/17, effective 11/1/17; Editorial change: IAC Supplement 6/29/22]
657—26.2(17A) Briefs. The petitioner may attach a brief to the petition in support of the action urged in the petition. The board may request a brief from the petitioner or from any other person concerning the substance of the petition.
657—26.3(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to Executive Director, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688, or via electronic mail to andrew.funk@iowa.gov.
[ARC 3346C, IAB 9/27/17, effective 11/1/17]
657—26.4(17A) Board consideration.
	26.4(1) Initial activities. Within 14 days after the filing of a petition, the board shall submit a copy of the petition and any accompanying brief to the administrative rules coordinator and to the administrative rules review committee (ARRC). Upon request by the petitioner, the board shall schedule a brief and informal meeting between the petitioner and the board, a member of the board, or a member of board staff to discuss the petition. The board may request that the petitioner submit additional information or argument concerning the petition. The board may also solicit comments from any person on the substance of the petition. Any person may submit to the board comments on the substance of the petition.
	26.4(2) Decision issued. Within 60 days after the filing of the petition, or within any longer period agreed to by the petitioner, the board shall, in writing, deny the petition, and notify the petitioner and the ARRC of its action and the specific grounds for the denial, or grant the petition and notify the petitioner and the ARRC that it has initiated rule-making proceedings on the subject of the petition. The petitioner and the ARRC shall be deemed notified of the denial or grant of the petition on the date when the board mails or delivers the required notification to the petitioner and the ARRC.
	26.4(3) Denial for nonconformity. 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 board’s rejection of the original petition.
[ARC 5348C, IAB 12/30/20, effective 2/3/21]
These rules are intended to implement Iowa Code section 17A.7.
[Filed 1/21/92, Notice 10/16/91—published 2/19/92, effective 3/25/92]
[Filed emergency 10/6/99—published 11/3/99, effective 10/11/99]
[Filed 10/24/02, Notice 7/24/02—published 11/13/02, effective 12/18/02]
[Filed ARC 3346C (Notice ARC 3133C, IAB 6/21/17), IAB 9/27/17, effective 11/1/17]
[Filed ARC 5348C (Notice ARC 5113C, IAB 7/29/20), IAB 12/30/20, effective 2/3/21]
[Editorial change: IAC Supplement 6/29/22]