reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
			 30 days after receipt of a petition for a declaratory order, the CEO or CEO's
			 designee shall take action on the petition pursuant to Iowa Code section
			 17A.9(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order shall be the date of mailing of a decision or order,
			 or the date of delivery if service is by other means, unless another date is
			 specified in the order.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 agency shall not issue a declaratory order where prohibited by Iowa Code
			 section
			 17A.9(1).
			 The agency may refuse to issue a declaratory order on some or all questions
			 raised for the following reasons:
a. The
			 petition does not substantially comply with the required form.
b. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the failure of the agency to issue an order.
c. The agency does not have jurisdiction over
			 the questions presented in the petition.
d. The questions presented by the petition
			 are also presented in a current rule making, contested case, or other agency or
			 judicial proceeding, that may definitively resolve them.
e. The questions presented by the petition
			 would more properly be resolved in a different type of proceeding or by another
			 body with jurisdiction over the matter.
f. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
g. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
h. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge an agency decision already
			 made.
i. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner.
j. The petitioner
			 requests the agency to determine whether any of the conditions under Iowa Code
			 section
			 17A.19(8),
			 incorporated by this reference, have been met.
k. The agency will not issue declaratory
			 orders on the following:
(1) The present value
			 of IPERS retirement monthly benefits;
(2) Actuarial assumptions used or proposed to
			 be used by the agency;
(3) The
			 impact of proposed legislation;
(4)
			 Issues which require the disclosure of confidential information; and
(5) Any matter under appeal or in
			 litigation.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance; the name of petitioner and all intervenors;
				the specific statutes, rules, policies, decisions, or orders involved; the
				particular facts upon which it is based; and the reasons for its
				conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the agency,
				the petitioner, and any intervenors who consent to be bound and is applicable
				only in circumstances where the relevant facts and the law involved are
				indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on the
				agency. The issuance of a declaratory order constitutes final agency action on
				the petition.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 22 - Federal Social Security › Rule 495-22.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
In order to extend to the employees of the state of Iowa and
				its political subdivisions, agencies and instrumentalities the basic
				protections accorded by the old-age and survivors system embodied in Title II
				of the federal Social Security Act, on July 1, 1953, the state of Iowa signed a
				Section 218 Agreement with the Social Security Administration. That Section 218
				Agreement, as implemented in Iowa Code chapter 97C, provides Social Security
				mandates and federal Social Security coverage for most Iowa public
				employees.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 22 - Federal Social Security › Rule 495-22.2 - Pre-january 1, 1987, Duties

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to January 1, 1987, the agency had substantial
				responsibilities for administering withholding, depositing and reporting
				requirements for Social Security and Medicare taxes, including audit, tax
				collection, and dispute resolution responsibilities. Effective January 1, 1987,
				those responsibilities were mostly transferred to the federal Internal Revenue
				Service. Accordingly, the agency will assist employers with respect to wage
				reports, tax collections and adjustments only for the period prior to January
				1, 1987.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 22 - Federal Social Security › Rule 495-22.3 - Post-january 1, 1987, Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 agency's responsibilities under the Section 218 Agreement are to administer and
			 maintain the Section 218 Agreement by:
a.
			 Maintaining physical custody of the master Section 218 Agreement,
			 modifications, dissolutions, consolidations and intrastate and interstate
			 coverage agreements.
b. Preparing
			 Section 218 Agreement modifications to include additional covered employers,
			 following the employer's submission of an IPERS Status Report form indicating
			 the employer should be covered under the Iowa Public Employees' Retirement
			 System.
c. Preparing Section 218
			 Agreement modifications to include additional coverage groups of employees when
			 appropriate.
d. Preparing Section
			 218 Agreement modifications to remove covered employers, coverage groups, and
			 to correct errors in prior modifications.
e. Providing advice on Section 218 Agreement
			 optional exclusions applicable to Iowa employers and employees and advice on
			 Iowa Code chapter 97C.
f. Providing
			 the Social Security Administration with notice and supporting evidence of the
			 legal dissolution or consolidation of covered entities.
g. Assisting with referenda for Social
			 Security and Medicare coverage as set forth in Iowa Code chapter 97C.
h. Assisting in the resolution of coverage
			 and taxation questions associated with the Section 218 Agreement and
			 modifications.
i. Negotiating with
			 the Social Security Administration to resolve contribution payment and wage
			 reporting issues concerning wages paid before January 1, 1987.
j. Advising covered employers on Social
			 Security and Medicare tax and withholding issues.
k. Serving as a bridge between covered
			 employers and the Social Security Administration and the IRS by obtaining
			 clarifications of laws, regulations and other appropriate information from
			 other State Social Security administrators, the Social Security Administration,
			 and the Internal Revenue Service.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 22 - Federal Social Security › Rule 495-22.4 - Reports

Current through Register Vol. 47, No. 3, July 24, 2024
To assist IPERS in fulfilling its responsibilities hereunder,
				all covered employers shall provide such reports as IPERS may reasonably
				require. This reporting requirement is in addition to and does not supersede
				any federal reporting or other obligations imposed on covered employers in
				order for them to comply with the current and future withholding, reporting and
				submission of Social Security and Medicare taxes.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 22 - Federal Social Security › Rule 495-22.5 - Conflict of Laws

Current through Register Vol. 47, No. 3, July 24, 2024
In the event of any conflict between Iowa Code chapter 97C,
				these rules, and the provisions of the Social Security Act, the provisions of
				the Social Security Act, as amended, shall be controlling.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Appeal"
means a dispute, other than a
				disability claim under Iowa Code section
				97B.52A,
				of an agency decision or action. An appeal shall be conducted as a contested
				case if IPERS has issued its final agency decision and if the aggrieved party
				wishes to continue in the appeal process.
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5)
				 and includes any matter defined as a no
				factual dispute contested case under Iowa Code section
				17A.10A.
"Issuance "
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding ojficer "
means an administrative
				law judge provided by the department of inspections and
				appeals.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.3 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A party who
			 wishes to appeal a decision by IPERS, other than a disability claim pursuant to
			 Iowa Code section
			 97B.50A,
			 shall, within 30 days after notification was mailed to the party's last-known
			 address, file with IPERS a notice of appeal in writing setting forth:
a. The name, address, and member
			 identification number of the appellant;
b. A reference to the decision from which the
			 appeal is being made;
c. The fact
			 that an appeal from the decision is being made;
d. The grounds upon which the appeal is
			 based; and
e. Any evidence
			 necessary to support the appeal.
Upon receipt of the appeal, IPERS shall conduct an internal
				review of the facts and circumstances involved, in accordance with its appeal
				review procedure. IPERS shall issue a final agency decision which becomes final
				unless within 30 days of issuance the member files a request for a contested
				case proceeding. In determining the date that an appeal or request for a
				contested case proceeding is filed with IPERS, the following shall apply: An
				appeal or request for a contested case proceeding delivered by mail shall be
				deemed to be filed on the postmark date; an appeal or any other document
				delivered by any other means shall be deemed to be filed on the date of
				receipt. Upon receipt of a request for contested case proceeding, IPERS shall
				inform the department of inspections and appeals of the filing and of relevant
				information pertaining to the case in question. The department of inspections
				and appeals shall, after issuing proper notice, hold a hearing on the case
				under the contested cases procedure as described in 26.4(17A,97B) and shall
				affirm, modify, or reverse IPERS' decision.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.4 - Contested Case Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Appeals of final agency decisions by IPERS shall be conducted
				pursuant to the following subrules.
(1) Time requirements. Time shall be computed
			 as provided in Iowa Code section
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute
			 or by rule that specifies a jurisdictional filing deadline. Except for good
			 cause stated in the record, before extending or shortening the time to take any
			 action, the presiding officer shall afford all parties an opportunity to be
			 heard or to file written arguments.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.5 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
Any person claiming an entitlement to a contested case
				proceeding shall file a written request for such a proceeding within the time
				specified by the particular rules or statutes governing the subject matter or,
				in the absence of such law, the time specified in the agency action in
				question.
The request for a contested case proceeding shall:
1. State the name and address of the
			 requester;
2. Identify the specific
			 agency action which is disputed;
3.
			 Where the requester is represented by an attorney, identify the provisions of
			 law or precedent requiring or authorizing the holding of a contested case
			 proceeding in the particular circumstances involved; and
4. Include a short and plain statement of the
			 issues of material fact in dispute.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.6 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing by the department
			 of inspections and appeals constitutes the commencement of the contested case
			 proceeding. Delivery may be executed by:
a.
			 Personal service as provided in the Iowa Rules of Civil Procedure; or
b. Certified mail, return receipt requested;
			 or
c. First-class mail;
			 or
d. Publication, as provided in
			 the Iowa Rules of Civil Procedure.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.8 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter However, the agency in
				its discretion may refuse to give effect to such a waiver when it deems the
				waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.9 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference in which all parties have an opportunity to
				participate. Other telephone proceedings may be held with the consent of all
				parties. The presiding officer will determine the location of the parties and
				witnesses for telephone hearings. The convenience of the witnesses or parties,
				as well as the nature of the case, will be considered when location is
				chosen.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.10 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer shall withdraw from participation in the making of any proposed or
			 final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted,
			 or advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted, or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
			 degree of relationship that:
(1) Is a party to
			 the case, or an officer, CEO or designee or trustee of a party;
(2) Is an attorney or legal representative in
			 the case;
(3) Is known to have an
			 interest that could be substantially affected by the outcome of the case;
			 or
(4) Is likely to be a material
			 witness in the case; or
g. Has any other legally sufficient cause to
			 withdraw from participation in the decision making in that case.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.11 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
(a) the matters at issue involve common
			 parties or common questions of fact or law;
(b) consolidation would expedite and simplify
			 consideration of the issues involved; and
(c) consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.12 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pleadings may
			 be required by rule, by the notice of hearing, or by order of the presiding
			 officer
(2) Petition.
a. Any petition required in a contested case
			 proceeding shall be filed within 20 days of delivery of the notice of hearing
			 or subsequent order of the presiding officer, unless otherwise
			 ordered.
b. A petition shall state
			 in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
			 the petition is filed;
(2) The
			 particular provisions of statutes and rules involved;
(3) The relief demanded and the facts and law
			 relied upon for such relief; and
(4) The name, address and telephone number of
			 the petitioner and the petitioner's attorney, if any.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.13 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every pleading, motion, document, or
			 other paper filed in a contested case proceeding and every paper relating to
			 discovery in such a proceeding shall be served upon each of the parties of
			 record to the proceeding, including the person designated as advocate or
			 prosecutor for the state or the agency, simultaneously with their filing.
			 Except for the original notice of hearing and an application for rehearing as
			 provided in Iowa Code section
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(2)
Service
-
how made.
Service upon a party
			 represented by an attorney shall be made upon the attorney unless otherwise
			 ordered. Service is made by delivery or by mailing a copy to the person's
			 last-known address. Service by mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule, or order
(3)
Filing
-
when
			 required.
After the notice of hearing, all pleadings, motions,
			 documents or other papers in a contested case proceeding shall be filed with
			 the CEO, or designee, IPERS, 7401 Register Drive, RO. Box 9117, Des Moines,
			 Iowa 50306-9117. All pleadings, motions, documents or other papers that are
			 required to be served upon a party shall be filed simultaneously with the
			 agency.
(4)
Filing
-
when made.
Except where otherwise provided by law, a document
			 is deemed filed at the time it is delivered to the CEO, or designee, IPERS,
			 7401 Register Drive, P.O. Box 9117, Des Moines, Iowa 50306-9117, delivered to
			 an established courier service for immediate delivery to that office, or mailed
			 by first-class mail or state interoffice mail to that office, so long as there
			 is proof of mailing.
(5)
Proof of mailing.
Proof of mailing includes either: a legible
			 United States Postal Service postmark on the envelope, a certificate of
			 service, a notarized affidavit, or a certification in substantially the
			 following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the (agency office and address) and to the names and addresses of
				the parties listed below by depositing the same in (a United States post office
				mailbox with correct postage properly affixed or state interoffice
				mail).
_____________(Date)______________(Signature)
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.14 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules or by order of the presiding
			 officer, time periods for compliance with discovery shall be as provided in the
			 Iowa Rules of Civil Procedure.
(2)
			 Any motion relating to discovery shall allege that the moving party has
			 previously made a good-faith attempt to resolve the discovery issues involved
			 with the opposing party. Motions in regard to discovery shall be ruled upon by
			 the presiding officer. Opposing parties shall be afforded the opportimity to
			 respond within ten days of the filing of the motion unless the time is
			 shortened as provided in subrule 26.14(1). The presiding officer may rule on
			 the basis of the written motion and any response, or may order argument on the
			 motion.
(3) Evidence obtained in
			 discovery may be used in the contested case proceeding if that evidence would
			 otherwise be admissible in that proceeding.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.15 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. An agency
			 subpoena shall be issued to a party on request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a request
			 for a subpoena must be received at least five days before the scheduled
			 hearing. The request shall include the name, address, and telephone number of
			 the requesting party.
b. Except to
			 the extent otherwise provided by law, parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.16 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the agency or the presiding officer. The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing, except
			 motions for summary judgment, must be filed and served at least ten days, or
			 other time period designated by the agency or presiding officer, prior to the
			 date of hearing unless there is good cause for permitting later action or the
			 time for such action is lengthened or shortened by rule of the agency or an
			 order of the presiding officer.
(5)
			 Motions for summary judgment. Motions for summary judgment shall comply with
			 the requirements of Iowa Rule of Civil Procedure 1.981 and shall be subject to
			 disposition according to the requirements of that rule to the extent such
			 requirements are not inconsistent with the provisions of this rule or any other
			 provision of law governing the procedure in contested cases. Motions for
			 summary judgment must be filed and served at least 20 days prior to the
			 scheduled hearing date, or other time period determined by the presiding
			 officer. Any party resisting the motion shall file and serve a resistance
			 within 10 days, unless otherwise ordered by the presiding officer, from the
			 date a copy of the motion was served. The time fixed for hearing or normal
			 submission shall be not less than 20 days after the filing of the motion,
			 unless a shorter time is ordered by the presiding officer. A summary judgment
			 order rendered on all issues in a contested case is subject to rehearing
			 pursuant to 26.29(17A,97B) and appeal pursuant to 26.28(17A,97B).
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.17 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than seven days prior to the hearing date. A
			 prehearing conference shall be scheduled not less than three business days
			 prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the presiding officer to all parties. For good cause the presiding officer may
				permit variances from this rule.
(2) Each party shall bring to the prehearing
			 conference:
a. A final list of the witnesses
			 the party anticipates will testify at hearing. Witnesses not listed may be
			 excluded from testifying unless there was good cause for the failure to include
			 their names; and
b. A final list of
			 exhibits which the party anticipates will be introduced at hearing. Exhibits
			 other than rebuttal exhibits that are not listed may be excluded from admission
			 into evidence unless there was good cause for the failure to include
			 them.
c. Witness or exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the presiding officer at the prehearing conference. Any such
			 amendments must be served on all parties.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.18 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made to the presiding officer.
(1)
			 A written application for a continuance shall:
a. Be made at the earliest possible time and
			 no less than seven days before the hearing except in case of unanticipated
			 emergencies;
b. State the specific
			 reasons for the request; and
c. Be
			 signed by the requesting party or the party's representative.
An oral application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request imless that
				requirement is waived by the presiding officer No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				where notice is not feasible. The agency or presiding officer may waive notice
				of such requests for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.19 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				that request prior to the hearing only in accordance with agency rules. A party
				requesting withdrawal of an appeal shall do so in writing and submit the
				request to the CEO or presiding officer, whichever is applicable. Unless
				otherwise provided, a withdrawal shall be with prejudice.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.20 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer.
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner. The presiding officer may deny the
			 motion for leave to intervene if not filed timely. Unless inequitable or
			 unjust, an intervenor shall be bound by any agreement, arrangement, or other
			 matter previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
(a) intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.21 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer presides at the hearing and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or to be represented in all hearings or
			 prehearing conferences related to their case. Partnerships, corporations, or
			 associations may be represented by any member, officer, director, or duly
			 authorized agent. Any party may be represented by an attorney or another person
			 authorized by law. The cost of representation is the responsibility of the
			 party.
(4) Subject to terms and
			 conditions prescribed by the presiding officer, parties have the right to
			 introduce evidence on issues of material fact, cross-examine witnesses present
			 at the hearing as necessary for a full and true disclosure of the facts,
			 present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or afiirmed by the presiding officer or the court reporter, and be
			 subject to examination and cross-examination. The presiding officer may limit
			 questioning in a manner consistent with law;
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.22 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that good cause justifies expansion of the
			 issues. If the presiding officer decides to admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, shall receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents should normally be provided to opposing parties. All exhibits
			 admitted into evidence shall be appropriately marked and be made part of the
			 record.
(5) Any party may object to
			 specific evidence or may request limits on the scope of any examination or
			 cross-examination. Such an objection shall be accompanied by a brief statement
			 of the grounds upon which it is based. The objection, the ruling on the
			 objection, and the reasons for the ruling shall be noted in the record. The
			 presiding officer may rule on the objection at the time it is made or may
			 reserve a ruling until the written decision.
(6) Whenever evidence is ruled inadmissible,
			 the party offering that evidence may submit an offer of proof on the record.
			 The party making the offer of proof for excluded oral testimony shall briefly
			 summarize the testimony or, with permission of the presiding officer, present
			 the testimony. If the excluded evidence consists of a document or exhibit, it
			 shall be marked as part of an offer of proof and inserted in the
			 record.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.25 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the agency shall provide a copy of the whole or
				any portion of the record at cost. The cost of preparing a copy of the record
				or of transcribing the hearing record shall be paid by the requesting
				party.
Parties who request that a hearing be recorded by certified
				reporters rather than by electronic means shall bear the cost of that
				recordation, unless otherwise provided by law.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.26 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the CEO,
				or designee, may review an interlocutory order of the presiding officer In
				determining whether to do so, the CEO shall weigh the extent to which the
				granting of the interlocutory appeal would expedite final resolution of the
				case and the extent to which review of that interlocutory order by the agency
				at the time it reviews the proposed decision of the presiding officer would
				provide an adequate remedy. Any request for interlocutory review must be filed
				within ten days of issuance of the challenged order, but no later than the time
				for compliance with the order or the date of hearing, whichever is
				first.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.27 - Hearing Decision

Current through Register Vol. 47, No. 3, July 24, 2024
Following the conclusion of a hearing of an appeal, the
				administrative law judge within the department of inspections and appeals shall
				announce the findings of fact and conclusion of law and issue a written
				decision. The decision shall be signed by the administrative law judge, and
				filed with IPERS, with a copy mailed to the appellant. This decision shall be
				deemed final imless, within 30 days after the issuance date of such decision,
				further appeal is initiated. The issuance date is the date that the decision is
				signed by the administrative law judge.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.28 - Appeal of the Hearing Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of appeal.
An appeal of a written decision of an
			 administrative law judge is initiated by filing a timely notice of appeal with
			 the employment appeal board of the Iowa department of inspections and appeals.
			 In determining the date that a notice of appeal or any other document is filed
			 with the employment appeal board, and subject to applicable exceptions adopted
			 by the employment appeal board, the following shall apply: an appeal or any
			 other document delivered by mail shall be deemed to be filed as of the postmark
			 date; an appeal or any other document delivered by any other means shall be
			 deemed to be filed as of the date that it is received. The notice of appeal
			 must be signed by the appealing party or a representative of that party and
			 contain a certificate of service. The notice shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.29 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the agency decision on the existing record and whether, on the basis of
			 the grounds enumerated in subrule 26.28(2), the applicant requests an
			 opportimity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the Iowa department of inspections and appeals
			 within 20 days after issuance of the written decision.
(4)
Notice to other parties.
A copy of the application shall be timely served by the applicant to all
			 parties of record not joining therein.
(5)
Disposition.
Any
			 application for a rehearing shall be deemed denied imless the appeal board
			 grants the application within 20 days after its filing.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.30 - Stays of Agency Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the agency for a stay of an order
			 issued in that proceeding or for other temporary remedies, pending review by
			 the agency. The petition shall be filed with the notice of appeal and shall
			 state the reasons justifying a stay or other temporary remedy. The CEO, or
			 designee, may rule on the stay or authorize the presiding officer to do
			 so.
b. Any party to a contested
			 case proceeding may petition the agency for a stay or other temporary remedies
			 pending judicial review of all or part of that proceeding. The petition shall
			 state the reasons justifying a stay or other temporary remedy.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.31 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.32 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare and, consistent with the Constitution
			 and other provisions of law, the agency may issue a written order in compliance
			 with Iowa Code section
			 17A.18 to suspend a
			 license in whole or in part, order the cessation of any continuing activity,
			 order affirmative action, or take other action within the jurisdiction of the
			 agency by emergency adjudicative order. Before issuing an emergency
			 adjudicative order the agency shall consider factors including, but not limited
			 to, the following:
a. Whether there has been
			 a sufficient factual investigation to ensure that the agency is proceeding on
			 the basis of reliable information;
b. Whether the specific circumstances which
			 pose immediate danger to the public health, safety or welfare have been
			 identified and determined to be continuing;
c. Whether the person required to comply with
			 the emergency adjudicative order may continue to engage in other activities
			 without posing immediate danger to the public health, safety or
			 welfare;
d. Whether imposition of
			 monitoring requirements or other interim safeguards would be sufficient to
			 protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the agency is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 30 - Petitions for Rule Making › Rule 495-30.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing.
Any person or agency may file a petition for adoption
			 of rules or request for review of rules with the CEO, IPERS, 7401 Register
			 Drive, RO. Box 9117, Des Moines, Iowa 50306-9117. A petition is deemed filed
			 when it is received by the agency. The agency shall provide the petitioner with
			 a file-stamped copy of the petition if the petitioner provides the agency with
			 an extra copy for this purpose. The petition must be typewritten or legibly
			 handwritten in ink and must substantially conform to the following form:
IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (IPERS)
Petition by (Name of Petitioner) for the (adoption, amendment,
				or repeal) of rules relating to (state the subject matter).
PETITION FOR RULE MAKING
The petition must provide the following information:
a. 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.
b. A citation to any law deemed relevant to
			 the agency's authority to take the action urged or to the desirability of that
			 action.
c. A brief summary of
			 petitioner's arguments in support of the action urged in the
			 petition.
d. A brief summary of any
			 data supporting the action urged in the petition.
e. 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.
f. Any request by
			 petitioner for a meeting pursuant to rule 30.4(17A).
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 30 - Petitions for Rule Making › Rule 495-30.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of
				the action urged in the petition. The agency may request a brief from the
				petitioner or from any other person concerning the substance of the
				petition.