1. a. Any person may petition an agency for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the agency.
b. (1) An agency shall issue a declaratory order in response to a petition for that order unless the agency determines that issuance of the order under the circumstances would be contrary to a rule adopted in accordance with subsection 2.
(2) However, an agency shall not issue a declaratory order that would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding.
2. Each agency shall adopt rules that provide for the form, contents, and filing of petitions\n\nTue Dec 09 22:32:44 2025 Iowa Code 2026, Chapter 17A (50, 1) 15 IOWA ADMINISTRATIVE PROCEDURE ACT, §17A.9A\n\nfor declaratory orders, the procedural rights of persons in relation to the petitions, and the disposition of the petitions. The rules must describe the classes of circumstances in which the agency will not issue a declaratory order and must be consistent with the public interest and with the general policy of this chapter to facilitate and encourage agency issuance of reliable advice.
3. Within fifteen days after receipt of a petition for a declaratory order, an agency shall give notice of the petition to all persons to whom notice is required by any provision of law and may give notice to any other persons.
4. Persons who qualify under any applicable provision of law as an intervenor and who file timely petitions for intervention according to agency rules may intervene in proceedings for declaratory orders. The provisions of sections 17A.10 through 17A.18 apply to agency proceedings for declaratory orders only to the extent an agency so provides by rule or order.
5. Within thirty days after receipt of a petition for a declaratory order, an agency, in writing, shall do one of the following:
a. Issue an order declaring the applicability of the statute, rule, or order in question to the specified circumstances.
b. Set the matter for specified proceedings.
c. Agree to issue a declaratory order by a specified time.
d. Decline to issue a declaratory order, stating the reasons for its action.
6. A copy of all orders issued in response to a petition for a declaratory order must be mailed promptly to the petitioner and any other parties.
7. A declaratory order has the same status and binding effect as any final order issued in a contested case proceeding. A declaratory order must contain the names of all parties to the proceeding on which it is based, the particular facts on which it is based, and the reasons for its conclusion.
8. If an agency has not issued a declaratory order within sixty days after receipt of a petition therefor, or such later time as agreed by the parties, the petition is deemed to have been denied. Once a petition for a declaratory order is deemed denied or if the agency declines to issue a declaratory order pursuant to subsection 5, paragraph “d”, a party to that proceeding may either seek judicial review or await further agency action with respect to its petition for a declaratory order. [C75, 77, 79, 81, §17A.9] 98 Acts, ch 1202, §13, 46; 2008 Acts, ch 1032, §201 Referred to in §17A.2, 17A.6A, 17A.19, 23.6, 256.9A \n
Notes of Decisions
Cited in
50
cases (
7 in the last 5 years), 1978–2026 · leading case:
Amended September 30, 2015 Iowa Ins. Inst., Iowa Def. Couns. Ass'n, Iowa Self-insurers' Ass'n, Prop. Cas. Insurers Ass'n of Am., Nat'l Ass'n of Mut. Ins. Companies, & Iowa Ass'n of Bus. & Indus. v. Core Grp. of the Iowa Ass'n for Just. Christopher J. Godfrey, Workers' Comp. Comm'r, Div. of..., 867 N.W.2d 58 (Iowa 2015).
Amended September 30, 2015 Iowa Ins. Inst., Iowa Def. Couns. Ass'n, Iowa Self-insurers' Ass'n, Prop. Cas. Insurers Ass'n of Am., Nat'l Ass'n of Mut. Ins. Companies, & Iowa Ass'n of Bus. & Indus. v. Core Grp. of the Iowa Ass'n for Just. Christopher J. Godfrey, Workers' Comp. Comm'r, Div. of..., 867 N.W.2d 58 (Iowa 2015).
· cites it 92× “We must resolve three questions: (1) whether section 17A.9 prohibited the commissioner from ruling on the petition for declaratory order, (2) whether the commissioner should have declined to issue a ruling for reasons set forth in the agency’s rules, and (3) whether the…”
City of Des Moines v. Des Moines Police Bargaining Unit Ass'n, 360 N.W.2d 729 (Iowa 1985).
· cites it 16× “Section 17A.9 of the Iowa Administrative Procedure Act provides: Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision, rule or other written statement of law or policy,…”
Women Aware v. Reagen, 331 N.W.2d 88 (Iowa 1983).
· cites it 10× “” Iowa Code § 17A.9 (1981). Because the legislature’s interim action moots remaining issues in any event, we find it unnecessary to decide whether a summary judgment motion was appropriate here, and if not, whether district court should have treated it in substance as a motion…”
City of Des Moines v. Pub. Emp. Relations Bd., 275 N.W.2d 753 (Iowa 1979).
· cites it 5× “It expressed the opinion, however, that because the legislature intended for declaratory rulings authorized by § 17A.9, The Code, to be the subject of judicial review, the court was probably authorized to consider the case.”
Larry R. Hedlund v. State of Iowa K. Brian London, Comm'r of the Iowa Dep't of Pub. Saf., Individually Charis M. Paulson, Dir., Div. of Crim. Investigation, Individually Gerard F. Meyers, Assistant Dir., Div. of Crim. Investigation, Individually & Terry E. Branstad, Individually, 875 N.W.2d 720 (Iowa 2016).
· cites it 2× “See Iowa Code § 17A.9(l)(a). Specifically, he asked both agencies to rule that he did not have to exhaust their remedies before bringing wrongful-discharge- claims in district court and that their-remedies were not exclusive.”
Pub. Emp. Relations Bd. v. Stohr, 279 N.W.2d 286 (Iowa 1979).
· cites it 6× “On October 25 and pursuant to section 17A.9, The Code, the county petitioned PERB for declaratory ruling.”
Steven A. Mueller, Bradley J. Brown, Mark A. Kruse, Kevin D. Miller, & Larry E. Phipps, on Behalf of Themselves & Those Like Situated v. Wellmark, Inc. D/B/A Wellmark Blue Cross & Blue Shield of Iowa, an Iowa Corp. & Wellmark Health Plan of Iowa, Inc., an Iowa Corp., 818 N.W.2d 244 (Iowa 2012).
· cites it 2× “See Iowa Code § 17A.9. Plaintiffs could then seek judicial review of the ruling.”
Thomas v. Hansen, 524 N.W.2d 145 (Iowa 1994).
· cites it 4× “Hansen and LeMars now contend the application to approve the settlement was a petition for a declaratory ruling under Iowa Code section 17A.9. They contend it became final because it was not appealed within thirty days.”
Tindal v. Norman, 427 N.W.2d 871 (Iowa 1988).
· cites it 4× “In this vein, we also note the inapplicability of the administrative declaratory ruling procedure provided by Iowa Code section 17A.9. That provision authorizes only rulings directed at the applicability, and not the constitutionality, of statutes.”
Shell Oil Co. v. Bair, 417 N.W.2d 425 (Iowa 1987).
· cites it 4× “In a petition filed pursuant to Iowa Code section 17A.9 (1983), Shell requested a declaratory ruling from IDOR that the “add back” provision contained in section 422.”
— Iowa Code § 17A.9(1) — 6 cases
Amended September 30, 2015 Iowa Ins. Inst., Iowa Def. Couns. Ass'n, Iowa Self-insurers' Ass'n, Prop. Cas. Insurers Ass'n of Am., Nat'l Ass'n of Mut. Ins. Companies, & Iowa Ass'n of Bus. & Indus. v. Core Grp. of the Iowa Ass'n for Just. Christopher J. Godfrey, Workers' Comp. Comm'r, Div. of..., 867 N.W.2d 58 (Iowa 2015).
“We must resolve three questions: (1) whether section 17A.9 prohibited the commissioner from ruling on the petition for declaratory order, (2) whether the commissioner should have declined to issue a ruling for reasons set forth in the agency’s rules, and (3) whether the…”
— Iowa Code § 17A.9(1)(a) — 6 cases
Amended September 30, 2015 Iowa Ins. Inst., Iowa Def. Couns. Ass'n, Iowa Self-insurers' Ass'n, Prop. Cas. Insurers Ass'n of Am., Nat'l Ass'n of Mut. Ins. Companies, & Iowa Ass'n of Bus. & Indus. v. Core Grp. of the Iowa Ass'n for Just. Christopher J. Godfrey, Workers' Comp. Comm'r, Div. of..., 867 N.W.2d 58 (Iowa 2015).
“We must resolve three questions: (1) whether section 17A.9 prohibited the commissioner from ruling on the petition for declaratory order, (2) whether the commissioner should have declined to issue a ruling for reasons set forth in the agency’s rules, and (3) whether the…”
— Iowa Code § 17A.9(1)(b) — 1 case
— Iowa Code § 17A.9(1)(b)(1) — 2 cases
Amended September 30, 2015 Iowa Ins. Inst., Iowa Def. Couns. Ass'n, Iowa Self-insurers' Ass'n, Prop. Cas. Insurers Ass'n of Am., Nat'l Ass'n of Mut. Ins. Companies, & Iowa Ass'n of Bus. & Indus. v. Core Grp. of the Iowa Ass'n for Just. Christopher J. Godfrey, Workers' Comp. Comm'r, Div. of..., 867 N.W.2d 58 (Iowa 2015).
“We must resolve three questions: (1) whether section 17A.9 prohibited the commissioner from ruling on the petition for declaratory order, (2) whether the commissioner should have declined to issue a ruling for reasons set forth in the agency’s rules, and (3) whether the…”
— Iowa Code § 17A.9(1)(b)(2) — 3 cases
Amended September 30, 2015 Iowa Ins. Inst., Iowa Def. Couns. Ass'n, Iowa Self-insurers' Ass'n, Prop. Cas. Insurers Ass'n of Am., Nat'l Ass'n of Mut. Ins. Companies, & Iowa Ass'n of Bus. & Indus. v. Core Grp. of the Iowa Ass'n for Just. Christopher J. Godfrey, Workers' Comp. Comm'r, Div. of..., 867 N.W.2d 58 (Iowa 2015).
“We must resolve three questions: (1) whether section 17A.9 prohibited the commissioner from ruling on the petition for declaratory order, (2) whether the commissioner should have declined to issue a ruling for reasons set forth in the agency’s rules, and (3) whether the…”
— Iowa Code § 17A.9(2) — 5 cases
Amended September 30, 2015 Iowa Ins. Inst., Iowa Def. Couns. Ass'n, Iowa Self-insurers' Ass'n, Prop. Cas. Insurers Ass'n of Am., Nat'l Ass'n of Mut. Ins. Companies, & Iowa Ass'n of Bus. & Indus. v. Core Grp. of the Iowa Ass'n for Just. Christopher J. Godfrey, Workers' Comp. Comm'r, Div. of..., 867 N.W.2d 58 (Iowa 2015).
“We must resolve three questions: (1) whether section 17A.9 prohibited the commissioner from ruling on the petition for declaratory order, (2) whether the commissioner should have declined to issue a ruling for reasons set forth in the agency’s rules, and (3) whether the…”
— Iowa Code § 17A.9(4) — 2 cases
Amended September 30, 2015 Iowa Ins. Inst., Iowa Def. Couns. Ass'n, Iowa Self-insurers' Ass'n, Prop. Cas. Insurers Ass'n of Am., Nat'l Ass'n of Mut. Ins. Companies, & Iowa Ass'n of Bus. & Indus. v. Core Grp. of the Iowa Ass'n for Just. Christopher J. Godfrey, Workers' Comp. Comm'r, Div. of..., 867 N.W.2d 58 (Iowa 2015).
“We must resolve three questions: (1) whether section 17A.9 prohibited the commissioner from ruling on the petition for declaratory order, (2) whether the commissioner should have declined to issue a ruling for reasons set forth in the agency’s rules, and (3) whether the…”
— Iowa Code § 17A.9(7) — 1 case
— Iowa Code § 17A.9(8) — 2 cases
— Iowa Code § 17A.9(l) — 1 case
— Iowa Code § 17A.9(l)(a) — 3 cases
Amended September 30, 2015 Iowa Ins. Inst., Iowa Def. Couns. Ass'n, Iowa Self-insurers' Ass'n, Prop. Cas. Insurers Ass'n of Am., Nat'l Ass'n of Mut. Ins. Companies, & Iowa Ass'n of Bus. & Indus. v. Core Grp. of the Iowa Ass'n for Just. Christopher J. Godfrey, Workers' Comp. Comm'r, Div. of..., 867 N.W.2d 58 (Iowa 2015).
“We must resolve three questions: (1) whether section 17A.9 prohibited the commissioner from ruling on the petition for declaratory order, (2) whether the commissioner should have declined to issue a ruling for reasons set forth in the agency’s rules, and (3) whether the…”
Larry R. Hedlund v. State of Iowa K. Brian London, Comm'r of the Iowa Dep't of Pub. Saf., Individually Charis M. Paulson, Dir., Div. of Crim. Investigation, Individually Gerard F. Meyers, Assistant Dir., Div. of Crim. Investigation, Individually & Terry E. Branstad, Individually, 875 N.W.2d 720 (Iowa 2016).
“See Iowa Code § 17A.9(l)(a). Specifically, he asked both agencies to rule that he did not have to exhaust their remedies before bringing wrongful-discharge- claims in district court and that their-remedies were not exclusive.”
— Iowa Code § 17A.9(l)(u) — 1 case
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