reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.17 - Menus

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All menus shall
			 be planned for a minimum of four weeks, computer analyzed to ensure 33 1/3
			 percent of the RDA/AI is provided in each meal, certified in writing by the
			 licensed dietitian whose services are utilized by the AAA, and submitted to the
			 department for review at least two weeks prior to the initial use of the menu.
			 For purposes of audit, AAA shall keep copies of the certified menus on file for
			 a period of one year.
(2) All
			 certified menus shall be posted in a conspicuous location in each congregate
			 meal site and regularly provided to home-delivered meal recipients. The
			 certified menus may be modified occasionally if the provisions of rule
			 17-7.15 (231) are
			 maintained and a licensed dietitian or nutrition director is consulted prior to
			 the change.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.18 - Special Dietary Needs

Current through Register Vol. 47, No. 3, July 24, 2024
The AAA shall ensure that special dietary needs of program
				participants are met where feasible and appropriate, including the particular
				requirements arising from the health, religious, or ethnic backgrounds of
				eligible participants.
(1) The
			 following criteria shall be used to determine feasibility and appropriateness:
a. Sufficient numbers of older individuals
			 who have special dietary needs exist to make the provision practical;
b. Skills and food necessary to provide the
			 special menus are available.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.19 - Congregate Nutrition Services

Current through Register Vol. 47, No. 3, July 24, 2024
In providing nutrition services or in making awards for
				congregate nutrition services, the AAA shall:
1. Select and designate as a site any
			 location where meals are served in a group setting with federal AOA nutrition
			 funds or contributions from an AOA federal nutrition program, or
			 both;
2. Provide a site in as close
			 proximity to the majority of eligible individuals' residences as feasible,
			 preferably within walking distance, or where transportation is
			 available;
3. Provide for hot or
			 other appropriate meals at least once a day, five or more days a week. In a
			 county where there is a site providing meals five or more days a week,
			 additional sites may be established which provide meals one or more days a
			 week. Efforts shall be made and documented to the department annually to
			 increase the number of serving days to a minimum of three days each
			 week;
4. Coordinate with other
			 community providers to arrange meals for older individuals on holidays that
			 occur on regularly scheduled serving days and also to the general public in
			 weather- and disaster-related emergencies, where feasible.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.20 - Eligibility for Meals at Congregate Nutrition Sites

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A person aged 60 or older and the spouse
			 of the person, regardless of age, are eligible to participate in congregate
			 nutrition services.
(2) Individuals
			 providing volunteer services during meal hours are eligible to participate in
			 congregate nutrition services.
(3)
			 Individuals with disabilities who reside at home or reside with and accompany
			 eligible older individuals are eligible to participate in congregate nutrition
			 services.
(4) Individuals with
			 disabilities who are not 60 years of age or older and who reside in housing
			 facilities occupied primarily by older individuals at which congregate
			 nutrition services are provided are eligible to participate in congregate
			 nutrition services.
(5) Ineligible
			 individuals may eat at a site and pay the programmatic cost of the meal, if the
			 ineligible individual's receipt of the meal does not deprive an eligible
			 participant of a meal.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.21 - Home-delivered Meals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility.
An older individual who is homebound by reason of
			 illness, incapacitating disability or other cause is eligible to receive
			 home-delivered meals. Regardless of age or condition, the spouse of an older
			 individual may receive home-delivered meals if receipt of the meal is in the
			 best interest of the homebound older individual under criteria set by the
			 AAA.
(2)
Individual
			 assessment.
The AAA or the home-delivered meals contractor, subject to
			 AAA approval, shall establish and utilize procedures for the determination of
			 an older individual's eligibility for home-delivered meals, including specific
			 criteria for:
a. Initial assessment of the
			 older individual's eligibility;
b.
			 Determination of the number of days per week the older individual has a need
			 for home-delivered meals; and
c.
			 Determination of the older individual's need for other home-delivered nutrition
			 services.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.22 - Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
When a grantee fails to meet the nutrition requirements as
				provided in this chapter, the department shall follow procedures outlined in 17
				lAC 4.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.23 - Requirements for Opening or Closing Congregate Nutrition Sites

Current through Register Vol. 47, No. 3, July 24, 2024
The AAA shall notify the department, via electronic mail or
				other written notification, within 30 days of the AAA's opening, relocating, or
				terminating a nutrition site. The notification must include:
1. Reasons for the action;
2. Impact on eligible individuals;
3. Impact on nearby meal sites; and
4. Impact on provision of nutrition-related
			 services.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.24 - Evaluation of Sites

Current through Register Vol. 47, No. 3, July 24, 2024
The AAA shall conduct on-site evaluations on an annual basis.
				The reports of these evaluations shall be kept on file for three years and
				shall include any areas that need additional monitoring or corrective
				actions.
(1) At a minimum, the
			 evaluation shall include the site's compliance with:
a. Food acquisition, handling and safety
			 standards;
b. The requirement for
			 the RDA/AI as established in this chapter;
c. Food quality and acceptability
			 (appearance, taste, temperature and smell);
d. Services provided in addition to meals,
			 such as nutrition education and counseling as appropriate, social opportunities
			 and other activities.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 8 - Long-term Care Ombudsman › Rule 17-8.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes procedures for notice and appeal of
				penalties imposed for interference with the official duties of a long-term care
				ombudsman, which are established in Iowa Code sections
				231.42
				and
				231.45
				and in accordance with Section 712 of the Older Americans Act. This chapter
				also establishes criteria for serving under the certified volunteer long-term
				care ombudsman program. The long-term care ombudsmen investigate complaints
				related to the actions or inactions of long-term care providers that may
				adversely affect the health, safety, welfare, or rights of residents and
				tenants who reside in long-term care facilities, assisted living programs, and
				elder group homes. In addition, this chapter establishes the process for
				representatives of the office of the state long-term care ombudsman who are
				local long-term care ombudsmen performing managed care ombudsman services to
				provide assistance and advocacy related to long-term services and supports
				under the Medicaid program.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 8 - Long-term Care Ombudsman › Rule 17-8.2 - Interference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A local
			 long-term care ombudsman or certified volunteer long-term care ombudsman who is
			 denied access to a resident or tenant in a long-term care facility, assisted
			 living program, or elder group home or to medical and social records while in
			 the course of conducting official duties pursuant to Iowa Code section
			 231.42
			 or whose work is interfered with during the course of an investigation shall
			 report such denial or interference to the office of the state long-term care
			 ombudsman, who will report the interference to the director of the department
			 on aging.
(2) Access to facility
			 records. Copies of a resident's medical or social records maintained by the
			 facility, or other records of a long-term care facility, assisted living
			 program, or elder group home, may be made with the permission of the resident,
			 the resident's responsible party, or the legal representative of the resident.
			 All medical and social records shall be made available to a certified volunteer
			 long-term care ombudsman for review if:
a. The
			 certified volunteer long-term care ombudsman has written permission from the
			 resident, the legal representative of the resident, or the responsible party;
			 and
b. Access to the records is
			 necessary to investigate a complaint; and
c. The certified volunteer long-term care
			 ombudsman obtains approval of the state long-term care ombudsman or
			 designee.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 8 - Long-term Care Ombudsman › Rule 17-8.3 - Monetary Civil Penalties-basis

Current through Register Vol. 47, No. 3, July 24, 2024
The director, in consultation with the state long-term care
				ombudsman, may impose a monetary civil penalty of not more than $1,500 on an
				officer, owner, director, or employee of a long-term care facility, assisted
				living program, or elder group home who intentionally prevents, interferes
				with, or attempts to impede the duties of the state, a local, or a certified
				volunteer long-term care ombudsman. If the director imposes a penalty for a
				violation under this rule, no other state agency shall impose a penalty for the
				same interference violation.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 8 - Long-term Care Ombudsman › Rule 17-8.4 - Monetary Civil Penalties-notice of Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
The department on aging shall notify the officer, owner,
				director, or employee of a long-term care facility, assisted living program, or
				elder group home in writing by certified mail of the intent to impose a civil
				penalty. The notice shall include, at a minimum, the following
				information:
1. The nature of the
			 interference and the date the action occurred.
2. The statutory basis for the
			 penalty.
3. The amount of the
			 penalty.
4. The date the penalty is
			 due.
5. Instructions for responding
			 to the notice, including information on the individual's right to
			 appeal.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 8 - Long-term Care Ombudsman › Rule 17-8.5 - Monetary Civil Penalties-appeals

Current through Register Vol. 47, No. 3, July 24, 2024
An officer, owner, director, or employee of a long-term care
				facility, assisted living program, or elder group home who is assessed a
				monetary civil penalty for interference with the official duties of a long-term
				care ombudsman may appeal the penalty by informing the department of the intent
				to appeal in writing within ten days after receiving a notice of penalty.
				Appeals shall follow the procedures set forth in 17-Chapter
				13.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 8 - Long-term Care Ombudsman › Rule 17-8.6 - Certified Volunteer Long-term Care Ombudsman Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Application. Any individual may apply to
			 the office of the state long-term care ombudsman program to become a certified
			 volunteer long-term care ombudsman.
a.
Application forms.
Application forms may be obtained from the
			 office of the state long-term care ombudsman program at the department on aging
			 address listed in 17-subrule 2.3(2) or from other organizations designated by
			 the department.
b.
Submission of forms.
Each applicant shall complete an
			 application and submit it to the department address listed in 17-subrule
			 2.3(2).
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 8 - Long-term Care Ombudsman › Rule 17-8.7 - Managed Care Ombudsman Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The office of the long-term care
			 ombudsman may provide advocacy and assistance to eligible recipients, or the
			 families or legal representatives of such eligible recipients, of long-term
			 services and supports provided through the Medicaid program who are receiving
			 services in a long-term care facility or under one of the home- and
			 community-based services waivers.
(2) Representatives of the office of
			 long-term care ombudsman providing an individual with assistance and advocacy
			 services authorized under Iowa Code section
			 231.44
			 shall be provided access to the individual and to the individual's medical,
			 social and administrative records related to the provision of the long-term
			 services and supports to the individual, as authorized by the individual or the
			 individual's legal representative, as necessary to carry out the duties
			 specified by Iowa Code section
			 231.44.
(3) The office of long-term care ombudsman
			 and representatives of the office, when providing assistance and advocacy
			 services under Iowa Code section
			 231.44,
			 shall be considered a health oversight agency as defined in 45 CFR
			 §164.501 for the purposes of health oversight activities described in 45
			 CFR §164.512(d). Recipient information available to the office of
			 long-term care ombudsman and representatives of the office under this subrule
			 shall be limited to the recipient's protected health information as defined in
			 45 CFR §160.103 for the purpose of recipient case resolution.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter:
"Department"
means the department on
				aging.
"Director"
means the director of the
				department on aging.
"Waiver"
means action by the department which
				suspends in whole or in part the requirements or provisions of a rule as
				applied to an identified person or program on the basis of the particular
				circumstances of that person or program.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of individual waivers from rules adopted by
				the department in situations where no other more specifically applicable law
				provides for waivers. To the extent another more specific provision of law
				governs the issuance of a waiver from a particular rule, the more specific
				provision shall supersede this chapter with respect to any waiver from that
				rule. Specific waiver provisions are provided in 17-Chapters 4, 6 and
				9.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.3 - Applicability of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The department may only grant a waiver from a rule if the
				department has jurisdiction over the rule and the requested waiver is
				consistent with applicable statutes, constitutional provisions, or other
				provisions of law. The department may not waive requirements created or duties
				imposed by statute.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				17-11.6 (17A,231, ExecOrd11),
				the department may in its sole discretion issue an order waiving in whole or in
				part the requirements of a rule if the department finds, based on clear and
				convincing evidence, all of the following:
1. The application of the rule would impose
			 an undue hardship on the person for whom the waiver is requested;
2. The waiver from the requirements of the
			 rule in the specific case would not prejudice the substantial legal rights of
			 any person;
3. The provisions of
			 the rule subject to the petition for a waiver are not specifically mandated by
			 statute or another provision of law; and
4. Substantially equal protection of public
			 health, safety, and welfare will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				Director, Iowa Department on Aging, Jessie Parker Building, 510 East 12th
				Street, Suite 2, Des Moines, Iowa 50319-9025, as follows:
(1)
Certificate application.
If the petition relates to a certificate application, the petition shall be
			 made in accordance with the filing requirements for the certificate in question
			 and submitted to the department.
(2)
Contested cases.
If the
			 petition relates to a pending contested case, the petition shall be filed in
			 the contested case proceeding, using the caption of the contested case, and
			 submitted to the department.
(3)
Other.
If the petition does not relate to a certificate
			 application or contested case, the petition may be submitted to the
			 department.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, and telephone number of
			 the person or entity for which a waiver is being requested.
2. A description and citation of the specific
			 rule from which a waiver is requested.
3. The specific waiver requested, including
			 the precise scope and duration.
4.
			 The relevant facts that the petitioner believes would justify a waiver under
			 each of the four criteria described in
			 17-11.4
			 (17A,231,Execord11). This statement shall include a signed statement from the
			 petitioner attesting to the accuracy of the facts provided in the petition and
			 a statement of reasons that the petitioner believes will justify a
			 waiver
5. A history of any prior
			 contacts between the department and the petitioner relating to the regulated
			 activity or certificate affected by the proposed waiver, including a
			 description of each affected certificate held by the requester, any notices of
			 violation, contested case hearings, or investigative reports relating to the
			 regulated activity or certificate within the last five years.
6. Any information known to the requester
			 regarding the department's treatment of similar cases.
7. The name, address, and telephone number of
			 any public agency or political subdivision which also regulates the activity in
			 question or which might be affected by the granting of a waiver
8. The name, address, and telephone number of
			 any person or entity that would be adversely affected by the granting of a
			 petition.
9. The name, address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver.
10. Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the department with information relevant to the
			 waiver
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				department may request additional information from the petitioner relative to
				the petition and surrounding circumstances. If the petition was not filed in a
				contested case, the department may, on its own motion or at the petitioner's
				request, schedule a telephonic or in-person meeting between the petitioner and
				the department's appropriate staff person, or a committee of the
				department.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall acknowledge a petition upon its receipt in
				the department's office. The department shall ensure that notice of the pending
				petition and a concise summary of its contents have been provided to all
				persons to whom notice is required by any provision of law within 30 days of
				the receipt of the petition. In addition, the department may give notice to
				other persons. To accomplish this notice provision, the department may require
				the petitioner to serve the notice on all persons to whom notice is required by
				any provision of law and to provide a written statement to the department
				attesting that notice has been provided.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10
				to
				17A.18A
				regarding contested case hearings shall apply to any petition for a waiver
				filed within a contested case and shall otherwise apply to agency proceedings
				for a waiver only when the department so provides by rule or order or is
				required to do so by statute.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and duration
				of the waiver if one is issued.
(1)
Department discretion.
The final decision on whether the
			 circumstances justify the granting of a waiver shall be made at the sole
			 discretion of the department, upon consideration of all relevant factors. Each
			 petition for a waiver shall be evaluated by the department based on the unique,
			 individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
			 convincing evidence that the department should exercise its discretion to grant
			 a waiver from a department rule.
(3)
Narrowly tailored.
A
			 waiver, if granted, shall provide the narrowest exception possible to the
			 provisions of a rule.
(4)
Administrative deadlines.
When the rule from which a waiver is
			 sought establishes administrative deadlines, the department shall balance the
			 special individual circumstances of the petitioner with the overall goal of
			 uniform treatment of all similarly situated persons.
(5)
Conditions.
The
			 department may place any condition on a waiver that the department finds
			 desirable to protect the public health, safety, and welfare.
(6)
Time period of waiver A
waiver shall not be permanent unless the petitioner can show that a temporary
			 waiver would be impracticable. If a temporary waiver is granted, there is no
			 automatic right to renewal. At the sole discretion of the department, a waiver
			 may be renewed if the department finds that grounds for a waiver continue to
			 exist.
(7)
Time for
			 ruling.
The department shall grant or deny a petition for a waiver as
			 soon as practicable but, in any event, shall do so within 120 days of its
			 receipt, unless the petitioner agrees to a later date. However, if a petition
			 is filed in a contested case, the department shall grant or deny the petition
			 no later than the time at which the final decision in that contested case is
			 issued.
(8)
When deemed
			 denied.
Failure of the department to grant or deny a petition within
			 the required time period shall be deemed a denial of that petition by the
			 department. However, the department shall remain responsible for issuing an
			 order denying a waiver
(9)
Service of order
Within seven days of its issuance, any order
			 issued under this chapter shall be transmitted to the petitioner or the person
			 to whom the order pertains, and to any other person entitled to such notice by
			 any provision of law.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				indexed, filed, and available for public inspection as provided in Iowa Code
				section
				17A.3.
				Petitions for a waiver and orders granting or denying a waiver petition are
				public records under Iowa Code chapter 22. Some petitions or orders may contain
				information that the department is authorized or required to keep confidential.
				The department may accordingly redact confidential information from petitions
				or orders prior to public inspection.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.12 - Summary Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Semiannually, the department shall prepare a summary report
				identifying the rules for which a waiver has been granted or denied, the number
				of times a waiver was granted or denied for each rule, a citation to the
				statutory provisions implemented by these rules, and a general summary of the
				reasons justifying the department's actions on waiver requests. If practicable,
				the report shall detail the extent to which the granting of a waiver has
				affected the general applicability of the rule itself Copies of this report
				shall be available for public inspection and shall be provided semiannually to
				the administrative rules coordinator and the administrative rules review
				committee.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the department pursuant to this chapter may
				be withdrawn, canceled, or modified if, after appropriate notice and hearing,
				the department issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver order withheld or misrepresented material facts relevant
			 to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
			 the public health, safety and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to comply with all conditions contained in the order
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as
				a violation of the particular rule for which the waiver was granted. As a
				result, the recipient of a waiver under this chapter who violates a condition
				of the waiver may be subject to the same remedies or penalties as a person who
				violates the rule at issue.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the department issues an order granting a waiver, the
				order is a defense within its terms and the specific facts indicated therein
				for the person to whom the order pertains in any proceeding in which the rule
				in question is sought to be invoked.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.16 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of a department's decision to grant or deny a
				waiver petition may be taken in accordance with Iowa Code chapter 17A. Any
				appeal to district court shall be taken within 30 days from the date of
				issuance of the decision by the department pursuant to Iowa Code section
				17A.19.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 11 - Waivers From Administrative Rules › Rule 17-11.17 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
Should any rule, subrule, paragraph, phrase, sentence or clause
				of this chapter be declared invalid of unconstitutional for any reason, the
				remainder of this chapter shall not be affected thereby.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Commission "
means the commission on aging as
				established in Iowa Code chapter 231.
"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.
"Department"
means the department on
				aging.
"Director "
means the director of the
				department.
"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 department named
				or admitted as a party or properly seeking and entitled as of right to be
				admitted as a party.
"Presiding officer"
means the commission, the
				commission's designee or an administrative law judge.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the commission did not preside.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.3 - 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) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute.
			 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 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.4 - 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 department action in
				question.
The request for a contested case proceeding should state the
				name and address of the requester, identify the specific action which is
				disputed, and where the requester is represented by a lawyer identify the
				provisions of law or precedent requiring or authorizing the holding of a
				contested case proceeding in the particular circumstances involved, and include
				a short and plain statement of the issues of material fact in
				dispute.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.5 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing 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 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party
			 who wishes to request that the presiding officer assigned to render a proposed
			 decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within 20 days after
			 service of a notice of hearing which identifies or describes the presiding
			 officer
(2) The department on aging
			 may deny the request only upon a finding that one or more of the following
			 apply:
a. Neither the department nor any
			 officer of the department under whose authority the contested case is to take
			 place is a named party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. An administrative law judge is unavailable
			 to hear the case within a reasonable time.
d. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
e. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
f. Fimds are imavailable to
			 pay the costs of an administrative law judge and an interagency
			 appeal.
g. The request was not
			 timely filed.
h. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.7 - 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 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.8 - 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 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.9 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 A presiding officer or other person 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, director or trustee of a party;
(2) Is a lawyer 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 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.10 - 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 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.11 - 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 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.12 - 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)
FiUng
-
when
			 required.
After the notice of hearing, all pleadings, motions,
			 documents or other papers in a contested case proceeding shall be filed with
			 Department on Aging, Jessie M. Parker Building, 510 E. 12th Street, Suite 2,
			 Des Moines, Iowa 50319. All pleadings, motions, documents or other papers that
			 are required to be served upon a party shall be filed simultaneously with the
			 department.
(4)
FiUng
-
when made.
Except where otherwise
			 provided by law, a document is deemed filed at the time it is delivered to the
			 department, 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 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.13 - 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 opportunity to respond within ten days of the
			 filing of the motion unless the time is shortened as provided in subrule
			 13.13(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 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.14 - 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 three 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 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.15 - 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 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
			 department 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
				45 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 15 days, unless otherwise ordered by the presiding officer,
				from the date a copy of the motion was served. The time fixed for hearing or
				nonoral 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 17-13.28(17A) and appeal pursuant to
				17-13.27
				(17A).
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.16 - 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 department 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 who 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.