Agency Rulemaking Petition - Iowa

PETITION FOR RULEMAKING

State of Iowa

Pursuant to Iowa Code § 17A.7

TABLE OF CONTENTS

1. Introduction and Legal Framework
2. Petition Header and Filing Information
3. Petitioner Information
4. Agency Information
5. Rule Action Requested
6. Statement of Reasons
7. Proposed Rule Text
8. Legal Authority Analysis
9. Impact Analysis
10. Supporting Documentation
11. Request for Informal Conference
12. Conclusion and Relief Requested
13. Signature and Certification
14. Exhibits
15. Practitioner Notes

SECTION 1: INTRODUCTION AND LEGAL FRAMEWORK

1.1 Iowa Administrative Procedure Act - Rulemaking Provisions

This Petition is filed pursuant to the Iowa Administrative Procedure Act ("IAPA"), Iowa Code Chapter 17A, which establishes the framework for administrative rulemaking in Iowa.

Key Statutory Provisions:

1.2 Petition for Rulemaking - Iowa Code § 17A.7

Section 17A.7 provides:

"An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons therefor, or initiate rulemaking proceedings in accordance with section 17A.4."

Key Elements:

• Standing: Any "interested person" may file; no requirement to demonstrate direct legal interest
• Response Deadline: Agency must respond within 60 days
• Agency Options: (1) Deny petition with written reasons, or (2) Initiate rulemaking
• No Hearing Required: Agency is not required to hold a formal hearing on the petition

1.3 Uniform Rules on Agency Procedure

Iowa agencies follow Uniform Rules on Agency Procedure, which provide standardized procedures for petitions. Specific agency rules may supplement these procedures.

SECTION 2: PETITION HEADER AND FILING INFORMATION

PETITION FOR RULEMAKING

Pursuant to Iowa Code § 17A.7

Filed Via:
☐ U.S. Mail
☐ Personal Delivery
☐ Electronic Filing (if permitted by agency)
☐ Email to: [AGENCY EMAIL]

Copies To:
☐ Administrative Rules Coordinator
☐ Administrative Rules Review Committee (ARRC)
☐ Other: [SPECIFY]

SECTION 3: PETITIONER INFORMATION

3.1 Primary Petitioner

3.2 Representative/Attorney (if different from Petitioner)

3.3 Additional Petitioners (if applicable)

3.4 Statement of Interest

Petitioner(s) have the following interest in the subject matter of this Petition:

[DESCRIBE PETITIONER'S INTEREST - e.g., regulated entity, industry participant, consumer, advocacy organization, affected individual, etc.]

SECTION 4: AGENCY INFORMATION

4.1 Target Agency

4.2 Agency Rulemaking Authority

The agency derives rulemaking authority from the following statutory provisions:

Organic Statute(s):

• [PRIMARY ENABLING STATUTE - e.g., Iowa Code § XXX.XX]
• [ADDITIONAL STATUTORY AUTHORITY]

Specific Rulemaking Grant:

[QUOTE THE SPECIFIC STATUTORY LANGUAGE GRANTING RULEMAKING AUTHORITY]

4.3 Relevant Iowa Administrative Code Chapters

SECTION 5: RULE ACTION REQUESTED

5.1 Type of Rule Action

Petitioner requests the agency to take the following action:

☐ Adopt a New Rule

• Proposed Chapter: [IAC CHAPTER]
• Proposed Section(s): [SECTION NUMBER(S)]
• Subject Matter: [DESCRIPTION]

☐ Amend an Existing Rule

• Current Citation: [IAC CITATION - e.g., 281 IAC 12.3(256)]
• Nature of Amendment: ☐ Substantive ☐ Technical ☐ Clarifying
• Effective Date Requested: [DATE OR "AS SOON AS PRACTICABLE"]

☐ Repeal an Existing Rule

• Current Citation: [IAC CITATION]
• Reason for Repeal: ☐ Obsolete ☐ Superseded ☐ Unlawful ☐ Unnecessary ☐ Other: [SPECIFY]

5.2 Summary of Requested Action

[PROVIDE A CLEAR, CONCISE SUMMARY (2-3 PARAGRAPHS) OF THE SPECIFIC RULE CHANGE REQUESTED]

SECTION 6: STATEMENT OF REASONS

6.1 Problem or Issue Addressed

[DESCRIBE THE CURRENT PROBLEM, GAP, OR ISSUE THAT THE PROPOSED RULE ACTION WOULD ADDRESS:]

Current Situation:
[DESCRIBE THE STATUS QUO AND WHY IT IS PROBLEMATIC]

Specific Harms or Inefficiencies:

1. [HARM/INEFFICIENCY #1]
2. [HARM/INEFFICIENCY #2]
3. [HARM/INEFFICIENCY #3]

Affected Parties:

• [IDENTIFY WHO IS AFFECTED BY THE CURRENT SITUATION]

6.2 Rationale for Proposed Solution

[EXPLAIN WHY THE PROPOSED RULE ACTION IS THE APPROPRIATE SOLUTION:]

Policy Justification:
[DESCRIBE THE POLICY GOALS THAT WOULD BE ADVANCED]

Why Rulemaking is Necessary:
[EXPLAIN WHY THE ISSUE CANNOT BE ADDRESSED THROUGH OTHER MEANS - e.g., guidance, interpretation, individual enforcement]

Benefits of Proposed Action:

1. [BENEFIT #1]
2. [BENEFIT #2]
3. [BENEFIT #3]

6.3 Statutory Mandate or Authorization

☐ The proposed rule is required by statute: [CITE STATUTORY MANDATE]

☐ The proposed rule is authorized (but not required) by statute: [CITE AUTHORITY]

☐ The proposed rule implements statutory provisions enacted in: [CITE LEGISLATIVE SESSION AND BILL NUMBER]

6.4 Consistency with Legislative Intent

[EXPLAIN HOW THE PROPOSED RULE IS CONSISTENT WITH THE LEGISLATIVE INTENT OF THE UNDERLYING STATUTE]

6.5 Factual Basis

[PROVIDE THE FACTUAL BASIS FOR THE PROPOSED RULE, INCLUDING:]

Relevant Data:

• [DATA POINT 1]
• [DATA POINT 2]

Industry/Field Conditions:
[DESCRIBE CURRENT CONDITIONS IN THE REGULATED INDUSTRY OR FIELD]

Comparable Approaches:
[DESCRIBE HOW OTHER STATES OR FEDERAL AGENCIES ADDRESS THE SAME ISSUE]

SECTION 7: PROPOSED RULE TEXT

7.1 Proposed Rule Language

☐ New Rule (Draft Text)

[INSERT PROPOSED RULE LANGUAGE IN PROPER IAC FORMAT]

CHAPTER [XX]
[CHAPTER TITLE]

[XX].1([STATUTORY AUTHORITY]) Definitions.
   "[TERM]" means [DEFINITION].
   "[TERM]" means [DEFINITION].

[XX].2([STATUTORY AUTHORITY]) [RULE TITLE].
   [RULE TEXT]

[XX].3([STATUTORY AUTHORITY]) [RULE TITLE].
   [RULE TEXT]

☐ Amendment to Existing Rule (Redlined Version)

[INSERT PROPOSED AMENDMENTS WITH STRIKETHROUGH FOR DELETIONS AND UNDERLINE FOR ADDITIONS]

[XX].X([AUTHORITY]) [EXISTING RULE TITLE].
   [Existing language to be deleted shown with strikethrough]
   [New language to be added shown with underline]

☐ Repeal of Existing Rule

Current Rule to be Repealed:

[INSERT FULL TEXT OF RULE TO BE REPEALED]

7.2 Alternative Language (Optional)

If the agency is not inclined to adopt the primary proposed language, Petitioner offers the following alternative:

[INSERT ALTERNATIVE PROPOSED LANGUAGE]

7.3 Guidance on Interpretation

[PROVIDE ANY GUIDANCE ON HOW THE PROPOSED RULE SHOULD BE INTERPRETED OR APPLIED]

SECTION 8: LEGAL AUTHORITY ANALYSIS

8.1 Source of Agency Authority

Primary Statutory Authority:

Specific Rulemaking Provisions:

[QUOTE KEY STATUTORY LANGUAGE AUTHORIZING THE AGENCY TO ADOPT RULES ON THIS SUBJECT]

8.2 Procedural Authority

Pursuant to Iowa Code § 17A.7:

• Any interested person may petition for rule adoption, amendment, or repeal
• The agency must respond within 60 days
• The agency must either initiate rulemaking or deny the petition with written reasons

8.3 Constitutional Considerations

☐ No constitutional issues are implicated by the proposed rule.

☐ The proposed rule addresses the following constitutional considerations:
[DESCRIBE ANY CONSTITUTIONAL ISSUES AND HOW THE PROPOSED RULE ADDRESSES THEM]

8.4 Preemption Analysis

☐ No federal preemption issues apply.

☐ The proposed rule is consistent with federal law because:
[EXPLAIN FEDERAL LAW INTERACTION]

☐ Federal law preempts state regulation in this area, but the proposed rule:
[EXPLAIN HOW THE RULE FITS WITHIN THE PREEMPTION FRAMEWORK]

8.5 Administrative Rules Review Committee Considerations

The Administrative Rules Review Committee (ARRC) reviews agency rules pursuant to Iowa Code § 17A.8. The proposed rule satisfies ARRC criteria because:

☐ The rule is within the agency's statutory authority
☐ The rule is consistent with legislative intent
☐ The rule is reasonable and not arbitrary or capricious
☐ The rule complies with rulemaking procedures
☐ The rule does not impose undue fiscal impact without statutory authorization

SECTION 9: IMPACT ANALYSIS

9.1 Economic Impact

Regulatory Analysis (Iowa Code § 17A.4A):

☐ The proposed rule does not constitute a "regulatory analysis" rule (annual impact less than $100,000 or less than 100 affected persons).

☐ The proposed rule may constitute a "regulatory analysis" rule. Estimated impacts:

Cost-Benefit Summary:

Net Assessment: [EXPLAIN WHY BENEFITS OUTWEIGH COSTS]

9.2 Small Business Impact

☐ The proposed rule does not have a significant impact on small businesses.

☐ The proposed rule impacts small businesses as follows:

Small Business Definition: Iowa Code § 17A.4A(8) defines "small business" as a business with 50 or fewer full-time equivalent employees or a business with less than $4 million in annual gross revenues.

Impact on Small Businesses:
[DESCRIBE SPECIFIC IMPACTS]

Mitigation Measures:
[DESCRIBE ANY PROPOSED ACCOMMODATIONS FOR SMALL BUSINESSES]

9.3 Jobs Impact Statement

Pursuant to Iowa Code § 17A.4(4):

☐ The proposed rule will have no impact on jobs in Iowa.

☐ The proposed rule will have the following impact on jobs:

• Jobs Created: [NUMBER]
• Jobs Retained: [NUMBER]
• Jobs Lost: [NUMBER]
• Net Impact: [DESCRIPTION]

9.4 Environmental Impact

☐ No environmental impact.

☐ The proposed rule will have the following environmental effects:
[DESCRIBE ENVIRONMENTAL IMPACTS, POSITIVE OR NEGATIVE]

9.5 Impact on Regulated Entities

Compliance Requirements:

Implementation Timeline:
[DESCRIBE REASONABLE TIMELINE FOR COMPLIANCE]

9.6 Fiscal Impact on State and Local Government

SECTION 10: SUPPORTING DOCUMENTATION

10.1 Exhibits List

The following exhibits are attached to this Petition:

10.2 Summary of Supporting Evidence

Technical/Scientific Support:
[SUMMARIZE ANY TECHNICAL OR SCIENTIFIC BASIS FOR THE RULE]

Stakeholder Support:
[IDENTIFY ORGANIZATIONS OR INDIVIDUALS SUPPORTING THE PETITION]

Historical Context:
[PROVIDE ANY RELEVANT REGULATORY HISTORY]

10.3 References to Agency Materials

Relevant Agency Guidance:

• [CITE ANY AGENCY GUIDANCE DOCUMENTS]

Prior Agency Actions:

• [CITE ANY PRIOR AGENCY RULEMAKINGS, ORDERS, OR DECISIONS ON RELATED ISSUES]

ARRC Proceedings:

• [CITE ANY RELEVANT ARRC PROCEEDINGS OR OBJECTIONS]

SECTION 11: REQUEST FOR INFORMAL CONFERENCE

11.1 Conference Request

Pursuant to the Uniform Rules on Agency Procedure, Petitioner:

☐ Requests an informal conference to discuss or clarify the issues raised in this Petition.

☐ Does not request an informal conference at this time, but reserves the right to request one if the agency has questions.

11.2 Proposed Conference Parameters

If a conference is requested:

Preferred Format:
☐ In-person at agency offices
☐ Video conference
☐ Telephone conference

Petitioner's Availability:
[PROVIDE DATES/TIMES OR GENERAL AVAILABILITY]

Petitioner's Representatives:
The following individuals will participate on behalf of Petitioner:

11.3 Matters for Discussion

Petitioner proposes to discuss the following during any informal conference:

1. [TOPIC 1]
2. [TOPIC 2]
3. [TOPIC 3]

SECTION 12: CONCLUSION AND RELIEF REQUESTED

12.1 Summary

For the reasons set forth above, the proposed rule action is:

☐ Required by statute
☐ Authorized by statute and serves important policy objectives
☐ Necessary to address identified problems or gaps
☐ Supported by substantial evidence
☐ Consistent with the public interest
☐ Reasonable in its costs and benefits

12.2 Specific Relief Requested

Petitioner respectfully requests that the [AGENCY NAME]:

1. Acknowledge receipt of this Petition and assign a docket or tracking number;

2. Review this Petition and the supporting materials in accordance with Iowa Code § 17A.7;

3. Initiate rulemaking proceedings in accordance with Iowa Code § 17A.4 to adopt the proposed rule language set forth in Section 7 (or substantially similar language);

4. Provide written notice to Petitioner of the agency's decision within the 60-day statutory period;

5. If the agency denies the Petition, provide a written statement of reasons for the denial as required by Iowa Code § 17A.7;

6. Schedule an informal conference (if requested in Section 11) to discuss the issues raised in this Petition.

12.3 Petitioner's Commitment

Petitioner commits to:

☐ Participate in any rulemaking proceedings initiated in response to this Petition
☐ Provide additional information or clarification as requested by the agency
☐ Engage constructively with other stakeholders in the rulemaking process
☐ Submit formal comments during any public comment period

SECTION 13: SIGNATURE AND CERTIFICATION

13.1 Certification

I, [NAME], hereby certify under penalty of perjury that:

1. I am authorized to file this Petition on behalf of [PETITIONER NAME];

2. The statements of fact contained in this Petition are true and correct to the best of my knowledge, information, and belief;

3. The legal arguments and positions set forth herein are made in good faith and are supported by existing law or a good faith argument for the modification of existing law;

4. This Petition is not being filed for any improper purpose, such as to harass or cause unnecessary delay;

5. I have reviewed the agency's rules and procedures applicable to petitions for rulemaking and have made good faith efforts to comply with those requirements.

13.2 Signature

PETITIONER/AUTHORIZED REPRESENTATIVE:

ATTORNEY (if applicable):

SECTION 14: EXHIBITS

EXHIBIT A: TECHNICAL DATA/RESEARCH

[ATTACH OR DESCRIBE]

EXHIBIT B: ECONOMIC ANALYSIS

[ATTACH OR DESCRIBE]

EXHIBIT C: STAKEHOLDER SUPPORT

[ATTACH LETTERS OF SUPPORT OR LIST OF SUPPORTING ORGANIZATIONS]

EXHIBIT D: COMPARABLE JURISDICTION RULES

[ATTACH EXAMPLES OF SIMILAR RULES FROM OTHER STATES]

EXHIBIT E: PROPOSED RULE TEXT (CLEAN VERSION)

[ATTACH CLEAN COPY OF PROPOSED RULE IN PROPER IAC FORMAT]

EXHIBIT F: PROPOSED RULE TEXT (REDLINED VERSION)

[ATTACH REDLINED VERSION SHOWING CHANGES TO EXISTING RULES]

PRACTITIONER NOTES

Iowa-Specific Considerations

1. 60-Day Response Requirement: Iowa Code § 17A.7 requires the agency to respond within 60 days by either initiating rulemaking or denying the petition with written reasons. Calendar this deadline.

2. No Formal Standing Required: Unlike contested case proceedings, any "interested person" may petition for rulemaking. There is no requirement to demonstrate a direct legal interest or harm.

3. No Required Hearing: The agency is not required to hold a formal hearing on a rulemaking petition. However, the Uniform Rules on Agency Procedure provide for an opportunity for an informal meeting to discuss or clarify issues.

4. Agency Discretion: Even if the agency initiates rulemaking in response to a petition, it is not required to adopt the petitioner's proposed language. The agency may modify the proposal based on public comment and other considerations.

5. Administrative Rules Review Committee (ARRC): The ARRC has oversight authority under Iowa Code § 17A.8. If the agency denies the petition or adopts rules that the petitioner believes are unlawful, the petitioner may seek ARRC review.

6. Governor's Administrative Rules Coordinator: Iowa Code § 17A.7(2) allows the Governor's Administrative Rules Coordinator to require agency review of specified rules.

7. Regulatory Analysis: If the proposed rule may have an annual impact of $100,000 or more or affect 100 or more persons, the agency must prepare a regulatory analysis under Iowa Code § 17A.4A.

8. Jobs Impact Statement: Iowa Code § 17A.4(4) requires agencies to prepare a jobs impact statement for rules that may have an impact on jobs in Iowa.

Filing Checklist

☐ Identify correct agency and contact information
☐ Verify agency's specific rulemaking petition procedures
☐ Cite applicable statutory authority
☐ Provide proposed rule text in proper IAC format
☐ Include statement of reasons with factual and legal support
☐ Attach supporting documentation
☐ Sign and certify the petition
☐ Serve copies on required parties
☐ Calendar 60-day response deadline
☐ Prepare for possible informal conference

Post-Filing Procedures

1. Track Acknowledgment: Follow up if no acknowledgment is received within 2 weeks.

2. Prepare for Conference: If an informal conference is scheduled, prepare talking points and be ready to clarify or supplement the petition.

3. Monitor Agency Action: Watch the Iowa Administrative Bulletin for any Notice of Intended Action or other agency response.

4. Public Comment: If rulemaking is initiated, submit formal comments during the public comment period.

5. ARRC Review: Monitor ARRC proceedings if the rule is controversial or if the petition is denied.

Resources

• Iowa Administrative Rules website: https://rules.iowa.gov
• Iowa Administrative Bulletin (published biweekly)
• Iowa Legislature Rule Writer Tool Kit
• Uniform Rules on Agency Procedure

Template Version 2.0 | Iowa Agency Rulemaking Petition | Last Updated: January 2026