Notice of Intended Action
Declaratory orders, ch 3
ARC 9361C
STATE PUBLIC DEFENDER[493]
Notice of Intended Action
Proposing rulemaking related to declaratory orders
and providing an opportunity for public comment
The State Public Defender hereby proposes to rescind Chapter 3, “Declaratory Orders,” Iowa Administrative Code, and to adopt a new chapter with the same title.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code section 13B.4.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 13B and 815.
Purpose and Summary
This proposed rulemaking repromulgates Chapter 3 pursuant to the requirements of Executive Order 10. Chapter 3 adopts the Declaratory Orders segments of the Uniform Rules on Agency Procedure and details amendments specific to the State Public Defender.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on April 16, 2025. A public hearing was held on the following date(s):
●May 6, 2025
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Public Defender for a waiver of the discretionary provisions, if any, pursuant to 493—Chapter 6.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the State Public Defender no later than 4:30 p.m. on July 15, 2025. Comments should be directed to:
|
Kurt Swaim |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
|
July 16, 2025 |
Ledges Conference Room |
|
July 23, 2025 |
Ledges Conference Room |
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the State Public Defender and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rulemaking action is proposed:
ITEM 1.Rescind 493—Chapter 3 and adopt the following new chapter in lieu thereof:
CHAPTER 3
DECLARATORY ORDERS
The state public defender adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to petitions for rulemaking, which are published at www.legis.iowa.gov/docs/Rules/Current/UniformRules.pdf on the general assembly’s website.
493—3.1(17A) Petition for declaratory order. In lieu of the words “(designate agency)”, insert “state public defender”. In lieu of the words “(designate office)”, insert “the Office of the State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”. In lieu of the words “(AGENCY NAME)”, the heading on the petition form should read:
BEFORE THE STATE PUBLIC DEFENDER
493—3.2(17A) Notice of petition. In lieu of the words “___ days (15 or less)”, insert “15 days”. In lieu of the words “(designate agency)”, insert “state public defender”.
493—3.3(17A) Intervention.
3.3(1) In lieu of the words “within ___ days”, insert “within 15 days”. Strike the words “(after time for notice under X.2(17A)”. In lieu of the number “X.8(17A))”, insert “rule 493—3.8(17A)”.
3.3(2) In lieu of the words “(designate agency)”, insert “state public defender”.
3.3(3) In lieu of the words “(designate office)”, insert “the Office of the State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”. In lieu of the words “(designate agency)”, insert “state public defender”. In lieu of the words “(AGENCY NAME)”, the heading on the petition form should read:
BEFORE THE STATE PUBLIC DEFENDER
493—3.4(17A) Briefs. In lieu of the words “(designate agency)”, insert “state public defender”.
493—3.5(17A) Inquiries. In lieu of the words “(designate official by full title and address)”, insert “the State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”.
493—3.6(17A) Service and filing of petitions and other papers.
3.6(2) In lieu of the words “(specify office and address)”, insert “the Office of the State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”. In lieu of the words “(agency name)”, insert “state public defender”.
3.6(3) In lieu of the words “(uniform rule on contested cases X.12(17A))”, insert “rule 481—10.12(17A)”.
493—3.7(17A) Consideration. In lieu of the words “(designate agency)”, insert “state public defender”.
493—3.8(17A) Action on petition.
3.8(1) In lieu of the words “(designate agency head)”, insert “state public defender”.
3.8(2) In lieu of the words “(contested case uniform rule X.2(17A))”, insert “rule 481—10.1(10A)”.
493—3.9(17A) Refusal to issue order.
3.9(1) In lieu of the words “(designate agency)”, insert “state public defender”.
493—3.12(17A) Effect of a declaratory order. In lieu of the words “(designate agency)”, insert “state public defender”.
These rules are intended to implement Iowa Code chapter 17A.
State Public Defender
- Lucas State Office Building, 4th Floor
- 321 E 12th Street
- Des Moines , IA 50319
- (515) 242-6158
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Open For Comments
This notice is open for comments for 11 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 7/15/2025
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Public Hearing
Official Document
- Declaratory orders, ch 3
- Published on 6/25/2025
- 24 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 6/25/2025.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 481-10.1 Rule 481-10.12 Rule 493-3.1 Rule 493-3.12 Rule 493-3.2 Rule 493-3.3 Rule 493-3.4 Rule 493-3.5 Rule 493-3.6 Rule 493-3.7 Rule 493-3.8 Rule 493-3.9Iowa Code References
The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 17AKeywords
The following keywords and tags were added to this document. You may click a keyword to view related notices.
Action on petition Briefs Consideration Effect of a declaratory order Inquiries Intervention Notice of petition Petition for declaratory order Refusal to issue order Service and filing of petitions and other papersAbout
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