CHAPTER 36
PLUMBING AND MECHANICAL SYSTEMS BOARD—
PETITIONS FOR RULE MAKING
641—36.1(17A) Petition for rule making. Any person or agency may file a petition for rule making with the Iowa Plumbing and Mechanical Systems Board, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319-0075. A petition is deemed filed when it is received by the board. The board must 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, or legibly hand-written in ink and must substantially conform to the following form:

THE IOWA PLUMBING AND MECHANICAL SYSTEMS BOARD	
Petition by (Name of Petitioner)
for the (adoption, amendment, or
repeal) of rules relating to (state
subject matter).	}	PETITION FOR
RULE MAKING	
The petition must provide 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 amendments 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rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.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 the 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 641—36.4(17A).
	36.1(1) 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.
	36.1(2) The board may deny a petition because it does not substantially conform to the required form.
[ARC 0453C, IAB 11/14/12, effective 12/19/12]
641—36.2(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.
[ARC 0453C, IAB 11/14/12, effective 12/19/12]
641—36.3(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to Iowa Plumbing and Mechanical Systems Board, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319-0075.
[ARC 0453C, IAB 11/14/12, effective 12/19/12]
641—36.4(17A) Board consideration.
	36.4(1) Information considered. Upon request by the petitioner in the petition, the board must schedule a brief and informal meeting between the petitioner and the board, a member of the board, or a member of the staff of the board, to discuss the petition. The board may request the petitioner to submit additional information or argument concerning the petition. Any person may submit comments to the board on the substance of the petition. The board may also solicit comments from any person on the substance of the petition.
	36.4(2) Time for decision. Within 60 days after the filing of the petition, or within any longer period agreed to by the petitioner, the board 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. Petitioner 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 petitioner.
	36.4(3) Denial on the basis of form is without prejudice. 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 petition.
	36.4(4) Notification to administrative rules coordinator and administrative rules review committee. Within 14 days after the filing of a petition, the board must submit a copy of the petition and any accompanying brief to the administrative rules coordinator and to the administrative rules review committee. Within 14 days after granting or denying a petition, the board must notify the administrative rules coordinator and the administrative rules review committee of the disposition of the petition.
[ARC 0453C, IAB 11/14/12, effective 12/19/12; ARC 5483C, IAB 2/24/21, effective 3/31/21]
These rules are intended to implement Iowa Code sections 17A.7 and 105.4.
[Filed Emergency After Notice ARC 8534B (Notice ARC 8366B, IAB 12/2/09), IAB 2/24/10, effective 1/26/10]
[Filed ARC 0453C (Notice ARC 0314C, IAB 9/5/12), IAB 11/14/12, effective 12/19/12]
[Filed ARC 5483C (Notice ARC 5278C, IAB 11/18/20), IAB 2/24/21, effective 3/31/21]