reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 4 - Declaratory Orders › Rule 199-4.6 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The commission will 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 determination of the
			 matter in a declaratory order proceeding. The commission may refuse to issue a
			 declaratory order on some or all of the questions raised for any of the
			 following reasons:
a. The petitioner requests
			 that the commission determines whether a statute is unconstitutional on its
			 face.
b. The petition does not
			 contain facts sufficient to demonstrate that the petitioner will be aggrieved
			 or adversely affected by the failure of the commission to issue an
			 order.
c. The commission does not
			 have jurisdiction over the questions presented in the petition.
d. The questions presented by the petition
			 are also presented in a current rulemaking, 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 the
			 petitioner.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 4 - Declaratory Orders › Rule 199-4.7 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The issuance of
			 a declaratory order constitutes final agency action on the petition. A
			 declaratory order is binding on the commission, on the petitioner, on any
			 intervenors who consent to be bound, and on any persons who would be necessary
			 parties, who are served pursuant to rule 199-4.4 (17A), and who consent to be
			 bound, in cases in which the relevant facts and the law involved are
			 substantially 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 commission.
(2) A
			 declaratory order is effective upon the date of issuance.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 6 - Complaint Procedures › Rule 199-6.1 - General Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may seek assistance from the Iowa utilities
				commission by appearing in person at the commission's office at 1375 East Court
				Avenue, Des Moines, Iowa 50319-0069; by mailing an inquiry to the commission's
				office; by placing a telephone call to the commission's customer service bureau
				at 515.725.7300 or toll-free at 877.565.4450; by sending an inquiry by email to
customer@iuc.iowa.gov
; or by contacting the agency
				through any other means. If the inquiry is not resolved after commission staff
				has obtained additional information, the person making the inquiry may escalate
				the inquiry to a written complaint by requesting an informal investigation
				pursuant to rule 199-6.2 (476) and Iowa Code section 476.3.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 6 - Complaint Procedures › Rule 199-6.2 - Informal Complaint Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may submit a written complaint to the commission
				requesting a determination of the reasonableness of rates, charges, schedules,
				service, regulations, or anything done or not done by a public utility for
				those services or rates subject to regulation by the commission. "Person" as
				used in this chapter shall have the same definition as defined in Iowa Code
				section 4.1(20).
(1)
Information to be filed.
The written complaint should include
			 the following information:
a. The name of the
			 utility involved, any utility personnel known or believed to be familiar with
			 the facts stated in the complaint, and the location of the office of the
			 utility where the complaint was originally made and processed.
b. The name of the complainant. If the
			 complaint is being made on behalf of a person other than the complainant, an
			 affidavit from the person upon whose behalf the complaint is being made,
			 attesting to the accuracy of the complaint, should be included. A complaint
			 filed by an organization on behalf of its members shall include an affidavit
			 signed by an attorney for, or an officer of, the organization.
c. The address, or addresses, of the premises
			 where the service, billing problems, or other actions occurred. If the
			 complainant resides at a different address, the complaint shall also state
			 where a response to the complaint is to be mailed. The complainant shall
			 provide a telephone number and, if available, an email address where the
			 complainant can be reached.
d. The
			 nature of the complaint, and efforts made to resolve the matter. Bills,
			 correspondence, or other relevant documents should be included if the documents
			 will aid the commission's understanding of the utility's action or practice
			 about which the complaint is made. If known, references to statutes or rules
			 believed to govern the outcome of the complaint should be included. Also, a
			 description of the efforts made by the complainant to resolve the complaint
			 with the utility should be included. The complainant should contact the utility
			 to attempt to resolve the complaint prior to submitting a complaint to the
			 commission.
e. A proposal for
			 resolving the complaint. The proposal should refer to any known statutes,
			 commission orders, or rules that support the resolution proposed by the
			 complainant.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 6 - Complaint Procedures › Rule 199-6.3 - Processing the Informal Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
When the commission receives a written complaint that includes
				the necessary information outlined in rule 199-6.2 (476), commission staff shall
				initiate the informal complaint process by opening an investigation into the
				complaint and assigning the informal complaint a file number.
(1) Within ten days after receipt of the
			 written complaint, or of any additional information requested, commission staff
			 shall forward to the public utility and the consumer advocate the complaint and
			 any additional information provided by the complainant.
(2) The utility shall respond to the
			 complaint within 20 days of receipt and send a copy of its response to the
			 complainant and the consumer advocate. Prior to the date the response is due,
			 the utility may request an extension of time to respond to the complaint.
			 Within five days, commission staff shall notify the utility, the complainant,
			 and the consumer advocate whether the request for an extension is granted and
			 of the length of the extension.
(3)
			 The utility shall specifically address each allegation made by the complainant
			 and provide any supporting facts, statutes, rules, commission orders, or tariff
			 provisions supporting its response. The utility shall include copies of all
			 related letters, records, or other documents not supplied by the complainant,
			 and all records concerning the complainant that are not confidential or
			 privileged. In cases involving confidential or privileged records, the response
			 shall advise of the records' existence.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 6 - Complaint Procedures › Rule 199-6.4 - Proposed Resolution of an Informal Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
(1) After the
			 utility's response is received, commission staff may request additional
			 information deemed necessary to complete the investigation and resolve the
			 complaint. When all necessary information has been received and the
			 investigation is complete, commission staff shall, within 30 days, send a
			 letter with a proposed resolution of the complaint to the complainant, the
			 utility, and the consumer advocate. Staff shall notify the complainant, the
			 utility, and consumer advocate when the investigation is complete and the
			 30-day time period to issue a proposed resolution commences.
(2) In the proposed resolution, commission
			 staff shall inform the parties of their right to request formal proceedings.
			 The complainant, utility, and consumer advocate have 14 days after the date the
			 proposed resolution is issued to file a request for a formal proceeding. If no
			 party files a request for formal proceeding within 14 days pursuant to subrule
			 6.5(1), the proposed resolution is binding.
(3) After the proposed resolution is issued,
			 the complainant, utility, or consumer advocate may request in writing within 14
			 days that commission staff reopen the investigation regarding the complaint to
			 consider additional information, changed circumstances, or other relevant
			 information not provided in the initial investigation. Within five days of
			 receiving the request, commission staff shall send a response to the request to
			 reopen the investigation, either advising the parties that the investigation
			 will be reopened and a second proposed resolution will be issued or denying the
			 request. If the request to reopen the investigation is denied, the complainant,
			 utility, or consumer advocate has 14 days from the issuance of the denial to
			 request that the commission open a formal complaint proceeding pursuant to
			 subrule 6.5(1).
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 6 - Complaint Procedures › Rule 199-6.5 - Initiating Formal Complaint Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request
			 for formal proceeding based upon a proposed resolution.
If the
			 consumer advocate, complainant, or public utility does not agree with the
			 proposed resolution, a request for a formal complaint proceeding may be made in
			 writing within 14 days of the issuance of the proposed resolution. The request
			 for a formal proceeding shall be considered as filed on the date of the United
			 States Postal Service postmark, the date of email, the date of filing in the
			 commission's electronic filing system, or the date of inperson delivery to the
			 commission's customer service bureau. The request shall include the file number
			 of the informal complaint. The request shall explain why the proposed
			 resolution should be modified or rejected and shall propose an alternate
			 resolution. All parties to the informal complaint shall be provided copies of
			 the request for a formal proceeding. Any other party to the informal complaint
			 investigation may submit a response to the request for a formal proceeding
			 within ten days of the date the request was submitted to the
			 commission.
(2)
Request for
			 formal complaint proceeding.
Upon receipt of a request for a formal
			 complaint proceeding, the commission shall issue an order either granting or
			 denying the request.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 6 - Complaint Procedures › Rule 199-6.7 - Record

Current through Register Vol. 47, No. 3, July 24, 2024
The written complaint and all information obtained during the
				informal investigation shall be uploaded into the electronic filing system
				formal complaint docket and be made part of the record in the formal complaint
				proceeding. The information from the informal complaint investigation shall be
				redacted pursuant to requirements in 199-Chapter 7.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Commission"
means the Iowa utilities
				commission or a majority thereof.
"Complainants"
are persons who complain to the
				commission of any act or thing done or omitted to be done in violation, or
				claimed to be in violation, of any provision of Iowa Code chapters 476 through
				479B, or of any order or rule of the commission.
"Consumer advocate"
means the office of
				consumer advocate, a division of the Iowa department of justice, referred to in
				Iowa Code chapter 475A.
"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.
"Data request"
means a discovery procedure in
				which the requesting party asks another person for specified information or
				requests the production of documents.
"Expedited proceeding"
means a proceeding
				before the commission in which a statutory or other provision of law requires
				the commission to render a decision in the proceeding in six months or
				less.
"Filed"
means accepted for filing by the
				commission as defined in rule 199-14.3 (17A,476).
"Intervenor"
means any person who, upon
				written petition, is permitted to intervene as a party in a specific proceeding
				before the commission.
"Issuance"
means the date on which an order is
				uploaded into the commission's electronic filing system.
"Party"
means each person named or admitted as
				a party in a proceeding before the commission.
"Person"
means as defined in Iowa Code section
				4.1(20) and includes individuals and all forms of legal entities.
"Petitioner"
or
"applicant"
means any party who, by written petition, application, or other filing, applies
				for or seeks relief from the commission.
"Presiding officer"
means one commission
				member or another person designated by the commission with the authority to
				preside over a particular proceeding.
"Proposed decision"
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a proceeding that has been assigned by the commission to the presiding
				officer.
"Service"
means service as prescribed in
				199-Chapter 14.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.3 - Presiding Officers

Current through Register Vol. 47, No. 3, July 24, 2024
Presiding officers may be designated by the commission to
				preside over contested cases or other proceedings and conduct hearings and
				shall have the following authority, unless otherwise ordered by the
				commission:
1. To regulate the course
			 of hearings;
2. To administer oaths
			 and affirmations;
3. To rule upon
			 the admissibility of evidence and offers of proof;
4. To take or cause depositions to be
			 taken;
5. To dispose of procedural
			 matters, discovery disputes, motions to dismiss, and other motions which may
			 involve final determination of proceedings, subject to review by the commission
			 on its own motion or upon application by any party;
6. To certify any question to the commission,
			 in the discretion of the presiding officer or upon direction of the
			 commission;
7. To permit and
			 schedule the filing of written briefs;
8. To hold appropriate conferences before,
			 during, or after hearings;
9. To
			 render a proposed decision and order in a contested case proceeding, or other
			 proceeding, subject to review by the commission on its own motion or upon
			 appeal by any party; and
10. To
			 take any other action necessary or appropriate to the discharge of duties
			 vested in the presiding officer, consistent with law and with the rules and
			 orders of the commission.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.4 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Orders.
All orders shall be issued and uploaded into the
			 commission's electronic filing system. Orders shall be deemed effective upon
			 acceptance into the electronic filing system, unless otherwise provided in the
			 order. Orders and other filings in dockets may be viewed in the specific docket
			 accessed through the commission's electronic filing system.
(2)
Communications.
a.
Electronic
			 communications.
Pleadings and other documents required to be
			 electronically filed with the commission shall be filed within the time limit,
			 if any, for such filing, in accordance with the commission's electronic filing
			 rules at 199-Chapter 14. Unless otherwise specifically provided, all electronic
			 communications and documents are officially filed when they are accepted for
			 filing as defined in 199?14.3(17A,476). Persons electronically filing a
			 document with the commission must comply with the service requirements in
			 199-14.16 (17A,476).
b.
Paper filings.
Paper filings may only be made with commission
			 approval, except for filings made pursuant to the exceptions in rule
			 199-14.4 (17A,476).
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.5 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
			 shall be computed as provided in Iowa Code subsection 4.1(34).
(2) In response to a request or on its own
			 motion, for good cause, the commission or presiding officer may extend or
			 shorten the time to take any action, except as precluded by statute.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.6 - Electronic Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The commission or presiding officer may hold proceedings by
				telephone conference call or other electronic means, such as a webinar service,
				in which all parties have an opportunity to participate. The commission or
				presiding officer will determine the location of the parties and witnesses for
				electronic proceedings. The convenience of the witnesses or parties, as well as
				the nature of the case, will be considered when locations are
				determined.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.7 - Electronic Information

Current through Register Vol. 47, No. 3, July 24, 2024
Filing of electronic information shall comply with the
				commission's rules on electronic filing at 199-Chapter 14 and the commission's
				published standards for electronic information, available on the commission's
				website at
iuc.iowa.gov
or from the commission's
				customer service center.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.8 - Delivery of Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
When the commission or presiding officer issues an order
				containing a notice of hearing, delivery of the order will be by electronic
				notice through the electronic filing system, and to those persons who have been
				approved to receive paper documents, unless otherwise
				ordered.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.9 - Pleadings and Answers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Pleadings.
Pleadings may be filed pursuant to statute, rule,
			 or order or filed to initiate a docket and shall be filed in the commission's
			 electronic filing system.
(2)
Answers.
a. Unless otherwise
			 ordered by the commission or presiding officer, answers to complaints,
			 petitions, applications, or other pleadings shall be filed with the commission
			 within 20 days after the day on which the pleading being answered was filed in
			 the commission's electronic filing system and served upon the respondent or
			 other party. However, when a statute or other provision of law requires the
			 commission to issue a decision in the case in six months or less, the answer
			 shall be filed with the commission within 10 days of service of the pleading
			 being answered, unless otherwise ordered by the board or presiding
			 officer.
b. Each answer must
			 specifically admit, deny, or otherwise answer all material allegations of the
			 pleadings and also briefly set forth the affirmative grounds relied upon to
			 support each answer.
c. Any party
			 who deems the complaint, petition, application, or other pleading insufficient
			 to show a breach of legal duty or grounds for relief may move to dismiss
			 instead of, or in addition to, answering.
d. A party may apply for a more definitive
			 and detailed statement instead of, or in addition to, answering, if
			 appropriate.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.12 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
Motions, unless made during hearing, shall be in writing, state
				the grounds for relief, and state the relief or order sought. Motions based on
				matters that do not appear of record shall be supported by affidavit. Motions
				shall be filed in compliance with 199-Chapter 14. Any party may file a written
				response to a motion no later than 14 days from the date the motion is filed,
				unless the time period is extended or shortened by the commission or presiding
				officer. When a statutory or other provision of law requires the commission to
				issue a decision in the case in six months or less, written responses to a
				motion must be filed within seven days of the date the motion is filed, unless
				otherwise ordered by the commission or presiding officer. Failure to file a
				timely response may be deemed a waiver of objection to the motion. Requirements
				regarding motions related to discovery are contained at subrules 7.15(4) and
				7.15(5).
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.13 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Petition.
			 Unless otherwise ordered by the commission or presiding officer, a request to
			 intervene in a proceeding shall be by petition to intervene filed no later than
			 20 days following the order setting a procedural schedule. However, when a
			 statutory or other provision of law requires the commission to issue a decision
			 in the case in six months or less, the petition to intervene must be filed no
			 later than ten days following the order setting a procedural schedule, unless
			 otherwise ordered by the commission or presiding officer.
(2) Response. Any party may file a response
			 within seven days of service of the petition to intervene unless the time
			 period is extended or shortened by the commission or presiding
			 officer.
(3) Grounds for
			 intervention. Any person having an interest in the subject matter of a
			 proceeding may be permitted to intervene at the discretion of the commission or
			 presiding officer. In determining whether to grant intervention, the commission
			 or presiding officer shall consider:
a. The
			 prospective intervenor's interest in the subject matter of the
			 proceeding;
b. The effect of a
			 decision that may be rendered upon the prospective intervenor's
			 interest;
c. The extent to which
			 the prospective intervenor's interest will be represented by other
			 parties;
d. The availability of
			 other means by which the prospective intervenor's interest may be
			 protected;
e. The extent to which
			 the prospective intervenor's participation may reasonably be expected to assist
			 in the development of a sound record through presentation of relevant evidence
			 and argument; and
f. Any other
			 relevant factors.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.14 - Consolidation and Severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The commission or presiding officer may
			 consolidate in one docket any or all matters at issue in two or more dockets.
			 When deciding whether to consolidate, the commission or presiding officer shall
			 consider:
a. Whether the matters at issue
			 involve common parties or common questions of fact or law;
b. Whether consolidation is likely to
			 expedite or simplify consideration of the issues involved;
c. Whether consolidation would adversely
			 affect the substantial rights of any of the parties to the proceedings;
			 and
d. Any other relevant factors.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.15 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are available to parties in contested
			 cases.
(2) Unless otherwise ordered
			 by the commission or presiding officer or agreed to by the parties, data
			 requests or interrogatories served by any party shall either be responded to or
			 objected to, with concisely stated grounds for relief, within seven days of
			 receipt. When a statutory or other provision of law requires the commission to
			 issue a decision in the case in six months or less, this time is reduced to
			 five days. Data requests or interrogatories served on a day the commission is
			 closed or after 4:30 p.m. central time on a day the commission is open shall be
			 considered served on the next business day.
(3) Unless otherwise ordered by the
			 commission or presiding officer, time periods for compliance with all forms of
			 discovery other than those stated in subrule 7.15(2) shall be as provided in
			 the Iowa Rules of Civil Procedure.
(4) Prior to filing any motion related to
			 discovery, parties shall make a good-faith effort to resolve discovery disputes
			 without the involvement of the commission or presiding officer.
(5) Any motion related to discovery shall
			 allege that the moving party has made a good-faith attempt to resolve the
			 discovery issues involved with the opposing party. Opposing parties shall be
			 given the opportunity to respond within 14 days of the filing of the motion
			 unless the time is extended or shortened by order of the commission or
			 presiding officer. When a statutory or other provision of law requires the
			 commission to issue a decision in the case in six months or less, this time is
			 reduced to seven days, unless otherwise ordered by the commission or presiding
			 officer. The commission or presiding officer may rule on the basis of the
			 written motion and any response, or may order argument or other proceedings on
			 the motion.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.16 - 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. The request shall be in writing
			 and include the name, address, and telephone number of the requesting party. In
			 the absence of good cause for permitting later action, a request for a subpoena
			 must be received at least seven days before the scheduled hearing. The
			 commission will issue subpoenas only on paper, not through the electronic
			 filing system.
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. Subpoenas
			 cannot be served electronically through the electronic filing system.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.17 - Prehearing or Scheduling Conference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission or presiding officer may schedule a prehearing
				conference, scheduling conference, or other informal conference at the
				commission's or presiding officer's discretion or at the request of any party
				for any appropriate purpose. Any agreement reached at the conference shall be
				made a part of the record in the manner directed by the commission or presiding
				officer.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.19 - Stipulations

Current through Register Vol. 47, No. 3, July 24, 2024
Parties to any proceeding or investigation may, by stipulation
				filed with the commission, agree upon the facts or law or any portion thereof
				involved in the controversy, subject to approval by the commission or presiding
				officer.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.20 - Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
The availability of discovery pursuant to Iowa Code section
				17A.13 or the Iowa Rules of Civil Procedure shall not be construed to limit the
				investigatory powers of the commission, its representatives, or the consumer
				advocate.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.21 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may, with the
				permission of the commission or presiding officer, withdraw that request at any
				time prior to the issuance of a proposed or final decision in the
				case.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.22 - Ex Parte Communication

Current through Register Vol. 47, No. 3, July 24, 2024
Ex parte communication is prohibited as provided in Iowa Code
				section 17A.17. Parties or their representatives shall not communicate directly
				or indirectly with the commission or presiding officer in connection with any
				issue of fact or law in a contested case except upon notice and an opportunity
				for all parties to participate. The commission or presiding officer shall not
				communicate directly or indirectly with parties or their representatives in
				connection with any issue of fact or law in a contested case except upon notice
				and an opportunity for all parties to participate.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.24 - Reopening Record

Current through Register Vol. 47, No. 3, July 24, 2024
The commission or presiding officer, on the commission's or
				presiding officer's own motion or on the motion of a party, may reopen the
				record for the reception of further evidence. When the record was made before
				the commission, a motion to reopen the record may be made any time prior to the
				issuance of a final decision. When the record was made before a presiding
				officer, a motion to reopen the record shall be made prior to issuance of the
				proposed decision. Affidavits of witnesses who will present new evidence shall
				be attached to the motion and shall include an explanation of the competence of
				the witness to sponsor the evidence and a description of the evidence to be
				included in the record.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the
				commission may review an interlocutory order of the presiding officer. In
				determining whether to do so, the commission may consider the extent to which
				granting the interlocutory appeal would expedite final resolution of the case
				and the extent to which review of that interlocutory order by the commission at
				the time it reviews the proposed decision 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 ten days prior to the date of hearing, whichever is first.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.27 - Rehearing and Reconsideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for rehearing or reconsideration.
Any party to a
			 contested case may file an application for rehearing or reconsideration of the
			 final decision. The application for rehearing or reconsideration shall be filed
			 within 20 days after the final decision in the contested case is issued. This
			 subrule shall not be construed as prohibiting reconsideration of commission
			 orders in other than contested cases. The commission shall either grant or
			 refuse an application for rehearing within 30 days after the filing of the
			 application or may, after giving the interested parties notice and opportunity
			 to be heard and after consideration of all the facts, including those arising
			 since the making of the order, abrogate or modify its order. A failure by the
			 commission to act upon the application for rehearing within the above period
			 shall be deemed a refusal of the application.
(2)
Contents of application.
Applications for rehearing or reconsideration shall specify the findings of
			 fact and conclusions of law claimed to be erroneous, with a brief statement of
			 the alleged grounds of error. Any application for rehearing or reconsideration
			 asserting that evidence has arisen since the final order was issued as a ground
			 for rehearing or reconsideration shall present the evidence by affidavit that
			 includes an explanation of the competence of the person to sponsor the evidence
			 and a brief description of the evidence sought to be included.
(3)
Requirements for objections to
			 applications for rehearing or reconsideration.
Notwithstanding the
			 provisions of subrule 7.9(2), an answer or objection to an application for a
			 rehearing or reconsideration must be filed within 14 days of the date the
			 application was filed with the commission unless otherwise ordered by the
			 commission.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.28 - Stay of Agency Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party to a contested case proceeding may petition the commission for a stay or
			 other temporary remedy pending judicial review of the proceeding. The petition
			 shall state the reasons justifying a stay or other temporary remedy and be
			 served on all other parties pursuant to subrule 7.4(6).
(2) In determining whether to grant a stay,
			 the commission shall consider the factors listed in Iowa Code section
			 17A.19(5)(c).
(3) A stay or other
			 temporary remedy may be vacated by the commission upon application of any party
			 or upon the commission's own motion.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.29 - 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 commission may issue an emergency adjudicative
			 order in compliance with Iowa Code section 17A.18A to order the cessation of
			 any continuing activity, order affirmative action, or take other action within
			 the jurisdiction of the agency. Before issuing an emergency adjudicative order,
			 the commission may consider factors including, but not limited to, the
			 following:
a. Whether there has been a
			 sufficient factual investigation to provide reasonably reliable information
			 under the circumstances;
b. Whether
			 the specific circumstances that pose immediate danger to the public health,
			 safety, or welfare are likely 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 commission is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.2 - Filing of Land Restoration Plans

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections 479.29 and 479B.20, a land
				restoration plan is required for any pipeline construction that requires a
				permit from the commission and for any proposed amendment to an existing permit
				that involves pipeline construction, relocation, or replacement. The land
				restoration plan shall be filed with the appropriate petition and be identified
				as Exhibit I. For pipelines that do not need a permit from the commission and
				that are constructed across agricultural land, the pipeline company shall have
				on file with the commission a general land restoration plan covering pipelines
				that do not need a permit from the commission.
(1)
Content of plan.
A land
			 restoration plan shall include, but not be limited to, the following:
a. A brief description of the purpose and
			 nature of the pipeline construction project.
b. A description of the sequence of events
			 that will occur during pipeline construction.
c. A description of how the pipeline company
			 will comply with rules 199-9.4 (479,479B) and 199-9.5 (479,479B).
d. The point of contact for landowner
			 inquiries or claims as provided for in rule 199-9.5 (479,479B).
e. A unique identification number that
			 follows a linearly sequential pattern on each parcel of land over which the
			 pipeline will be constructed.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.3 - Procedure for Review of Plan

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Timing.
The commission will review the proposed land
			 restoration plan, as established in rule 199-9.2 (479,479B), at the same time it
			 reviews the petition. Objections to the proposed plan shall be filed as part of
			 the permit proceeding. The pipeline company shall modify the plan as required
			 by the commission.
(2)
Distributing approved plan.
After the commission has approved
			 the plan as part of the commission's review and approval of the petition, but
			 prior to construction, the pipeline company shall provide copies of the final
			 plan approved by the commission to all landowners of property and persons in
			 possession of the property under a lease that will be disturbed by the
			 construction, the county board of supervisors in each county affected by the
			 project, the county engineer of each affected county, and to the county
			 inspector in each affected county.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.4 - Taking and Clearing of Agricultural Land

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Easement staking.
The
			 pipeline company shall allow the county inspector and the landowner to be
			 present during the staking of the easement. Written notice of the staking shall
			 be provided to the landowner and the county inspector in the same manner as
			 provided for in proper notice to the county inspector. Pipeline construction
			 may not occur until seven days after the easement is staked unless the
			 landowner waives the seven-day period after the easement staking has been
			 completed. If proper notice is given, easement staking shall not be delayed due
			 to a county inspector or landowner's failure to be present on site.
(2)
Trees and brush.
If
			 trees are to be removed from the easement, the pipeline company shall consult
			 with the landowner to determine if there are trees of commercial or other value
			 to the landowner.
a. If there are trees of
			 commercial or other value to the landowner, the pipeline company shall allow
			 the landowner the right to retain ownership of the trees with the disposition
			 of the trees to be negotiated prior to commencement of land clearing, or if the
			 landowner does not want to retain ownership of the trees, the pipeline company
			 shall hire a forester with local expertise to appraise the commercial value of
			 any timber to be cut for construction of the pipeline. The pipeline company
			 shall compensate the landowner for the full appraised commercial value of any
			 timber removed. The pipeline company shall remove all cleared trees and debris
			 left on or adjacent to the easement.
b. If the trees to be cleared have been
			 determined to have no commercial or other value to the landowner and there is
			 no negotiated agreement between the pipeline company and the landowner for the
			 disposition of the trees in advance of clearing of the easement, removal and
			 disposal of the material shall be completed at the discretion of the pipeline
			 company.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.5 - Restoration of Agricultural Lands

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Topsoil survey.
a. Prior to
			 the removal of any topsoil, the pipeline company shall direct that a topsoil
			 survey be performed under the supervision of a certified professional soil
			 scientist across the full extent of the easement for any pipeline that requires
			 a commission permit. A minimum of three soil depths shall be physically
			 measured in the field at each cross section as follows:
(1) one on the left edge of the
			 easement;
(2) one at 15 feet of the
			 centerline of the pipeline on the working side of the right-of-way; and
(3) one on the right edge of the
			 working easement. Cross sections shall be taken a minimum of every 500 linear
			 feet for the full extent of the easement. Each parcel of land shall have a
			 minimum of two cross sections.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.6 - Designation of a Pipeline Company Point of Contact for Landowner Inquiries or Claims

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For each
			 pipeline construction project subject to this chapter, the pipeline company
			 shall designate a point of contact for inquiries or claims from affected
			 persons. The designation shall include the name of an individual to contact and
			 a toll-free telephone number, an email address, and an address through which
			 that person can be reached. The pipeline company shall also provide the name of
			 and contact information for the county inspector. This information shall be
			 provided to all affected persons prior to commencement of construction. Any
			 change in the point of contact shall be promptly communicated in writing to
			 affected persons. A designated point of contact shall remain available for all
			 affected persons for at least one year following project completion and for
			 affected persons with unresolved damage claims until such time as those claims
			 are settled.
(2) If requested by an
			 affected person, any notice required to be given to the county inspector shall
			 also be given to the affected person.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.7 - Separate Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not preclude the application of provisions
				for protecting or restoring property that are different from those contained in
				this chapter, or in a land restoration plan, which are contained in easements
				or other agreements independently executed by the pipeline company and the
				landowner. The alternative provision shall not be inconsistent with state law
				or these rules. The agreement shall be in writing, and the pipeline company
				shall provide a copy to the county inspector and the
				commission.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.8 - Notice of Violation and Halting Construction

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of violation.
If
			 the county inspector identifies a violation of the standards adopted in this
			 chapter, Iowa Code section
			 479.29 or
			 479B.20,
			 or a separate agreement between the pipeline company and the landowner, the
			 county inspector shall give verbal notice, followed by written notice, to the
			 pipeline company and the pipeline company's contractor and require the pipeline
			 company to take corrective action.
(2)
Halting construction.
A
			 county inspector may temporarily halt construction at the location of the
			 dispute if construction is not in compliance with the standards adopted in this
			 chapter, the land restoration plan, or the terms of an independent agreement
			 between the pipeline company and landowner regarding land restoration or line
			 location until the county inspector consults with a supervisor of the pipeline
			 company or contractor. If, after consultation with a supervisor of the pipeline
			 company or contractor, agreement on corrective action to address the violation
			 cannot be reached, the county inspector may submit a request to the county
			 board of supervisors for resolution of the issue. Construction may not resume
			 at the disputed location either (1) until the county inspector and supervisor
			 of the pipeline company reach an agreement on a resolution or (2) where the
			 board of supervisors has been contacted, until the board of supervisors has
			 responded or after one business day after contact by the county inspector. If a
			 resolution is not reached, construction may continue; however, the pipeline
			 company will be responsible for any damages or for correcting any
			 violation.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.9 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
A pipeline company shall fully cooperate with county inspectors
				in the performance of their duties under Iowa Code sections 479.29 and 479B.20,
				including giving proper notice before staking, clearing, boring, topsoil
				removal and stockpiling, trenching, tile marking, silt screening, tile repair
				or backfilling, decompaction, cleanup, restoration, or testing of any easement.
				The pipeline company shall pay the reasonable costs for any work provided
				during the pipeline construction by the county inspector. If the pipeline
				company or its contractor does not comply with the requirements of Iowa Code
				section 479.29 or 479B.20, with the land restoration plan, or with an
				independent agreement on land restoration or line location, the county board of
				supervisors may petition the utilities commission for an order requiring
				corrective action to be taken. The county board of supervisors may also file a
				complaint with the commission seeking imposition of civil
				penalties.