reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.8 - Contents of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, and telephone number of
			 the entity or person for whom a waiver is being requested. To the extent
			 applicable, the petition should also include the site registration number(s)
			 and LUST number(s) and the case number of any related contested case.
2. A description and citation of the specific
			 rule or set of rules from which a waiver is being requested.
3. The specific waiver requested, including a
			 description of the precise scope and operative period for which the petitioner
			 wants the waiver to extend.
4. The
			 relevant facts that the petitioner believes would justify a waiver. This
			 statement shall include a signed statement from the petitioner attesting to the
			 accuracy of the facts represented 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 petitioner and the board relating to the activity affected by the proposed
			 waiver, including any notices of violation, contested case hearings, or
			 investigative reports relating to the activity within the last five
			 years.
6. Any information known to
			 the requester relating to the board'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 entity or person who 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 of the waiver
			 request to furnish the board with information relevant to the waiver.
11. If there is a contested case concerning
			 the person, site or matter for which the petition for waiver is being made,
			 such petition must include a signed statement consenting to ex parte
			 communications between the board and its counsel concerning the facts and
			 issues of the petition. If there is a contested case filed subsequent to this
			 petition for waiver, such a statement must be provided at that time.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.9 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				board 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 board may, on its own motion or at the petitioner's
				request, schedule a telephonic or in-person meeting between the petitioner and
				a representative from the board to discuss the petition and surrounding
				circumstances.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.10 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall acknowledge the petition upon receipt. The
				petitioner shall ensure that notice of the pendency of the 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. The petitioner shall provide to the board a written statement
				attesting to the fact that proper notice has been provided and to whom that
				notice has been provided. In addition, the board may give notice to other
				persons.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.11 - 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 of a
				rule or set of rules filed within a contested case, and shall otherwise apply
				to board proceedings for a waiver only when the board so provides by rule or
				order, or is required to do so by statute or other binding
				law.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.12 - 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 operative
				time period of a waiver if one is issued.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.13 - Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
The board may condition the granting of the waiver on such
				conditions that the board deems to be reasonable and appropriate in order to
				achieve the objectives of the particular rule in question through alternative
				means.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.14 - Time for Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
The board 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, then the board may grant or deny the petition at the time
				the final decision in that contested case is issued.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.15 - When Deemed Denied

Current through Register Vol. 47, No. 3, July 24, 2024
Failure of the board to grant or deny a petition within the
				required time period shall be deemed a denial of that petition by the board.
				However, the board shall remain responsible for issuing an order denying a
				waiver as required by this rule.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.16 - Service of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
Within 30 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. The petitioner shall ensure that notice of the order 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 order The petitioner
				shall provide a written statement attesting to the fact that proper notice has
				been provided and to whom that notice has been provided. In addition, the board
				may give notice to other persons.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.17 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall submit information about granted and denied
				waivers to the Internet site pursuant to Iowa Code section
				17A.9A(4)
				 within 60 days. The submission shall
				identify the rules for which a waiver has been granted or denied, the number of
				times a waiver was granted or denied for each rule and a citation to the
				statutory provisions implemented by the rules. The report submission shall
				include a general summary of the reasons justifying the board's actions on
				waiver requests and, if practicable, shall detail the extent to which the
				granting of a waiver has affected the general applicability of the rule itself
				and the extent to which the granting of the waiver has established a precedent
				for additional waivers.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.18 - Term and Renewals of Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
Waivers issued pursuant to this chapter will not be on a
				permanent basis, unless specified as permanent. If a waiver is issued without
				either a specified time frame or a statement clearly identifying the specified
				waiver as permanent, the waiver will be deemed to be for a duration of 120
				days. A waiver will automatically expire if no action is taken by the board to
				renew the waiver Any action to renew the waiver must be in writing and specify
				terms and conditions of the renewal.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.19 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be
				withdrawn, canceled, or modified if, after appropriate notice and hearing, the
				board issues an order finding any of the following:
1. The person who was the subject of the
			 waiver order withheld from the board or knowingly misrepresented to the board
			 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 has been demonstrated to be
			 insufficient and no other means exists to protect the substantial legal rights
			 of any person; or
3. The subject of
			 the waiver order has failed to comply with all of the conditions contained in
			 the order
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.20 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
A 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 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.21 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order
				shall constitute a defense, within the 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 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.22 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Appeals within the board from a decision granting or denying a
				waiver shall be in accordance with Iowa Code chapter 17A and board rules. These
				appeals shall be taken within ten days of the issuance of the ruling granting
				or denying the waiver request unless a different time is provided by rule or
				statute.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.1 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter shall govern procedure in contested cases as
				defined under Iowa Code subsection
				17A.2(2).
				Contested cases generally include, but are not limited to, appeals of rulings
				made by the administrator on remedial claims under Iowa Code section
				455G.9, on loans
				under Iowa Code section
				455G.10, on insurance
				under Iowa Code section
				455G.11, on
				prioritization under Iowa Code section
				455G.12,
				and on cost containment under Iowa Code section
				455G.12A.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Administrator"
means the Iowa comprehensive
				petroleum underground storage tank fund program administrator as provided for
				in Iowa Code section
				455G.5.
"Agency"
means the Iowa comprehensive
				petroleum underground storage tank fund board or the administrator, as
				appropriate, having statutory jurisdiction over a particular contested
				case.
"Benefit"
means any of the benefits provided
				for under Iowa Code chapter 45 5 G and subject to UST board authority.
"Contestedcase"
means a proceeding defined by
				Iowa Code subsection
				17A.2(2).
"Issuance "
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding officer "
means the administrative
				law judge assigned to the contested case.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the UST board did not preside.
"UST board"
means the Iowa comprehensive
				petroleum underground storage tank fund board.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.3 - 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, by written agreement of all parties to the contested case
				proceeding, waive any provision of this chapter and may, by written agreement
				of all parties to the contested proceeding, agree to any other rules of
				procedure for the conduct of the proceeding. However, the UST board or the
				presiding officer in its discretion may refuse to give effect to such a waiver
				or agreement when it deems the waiver or agreement to be inconsistent with the
				public interest.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.4 - Informal Procedure Prior to Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Any party may pursue an informal settlement of any contested
				case by meeting with the administrator or the administrator's designee for that
				purpose. The request shall be made in writing and shall be delivered to the
				administrator with a copy to the UST board and presiding officer, if any. Upon
				receipt of the request, all formal contested case procedures and proceedings
				are stayed. If informal settlement procedures are unsuccessful, formal
				contested procedures may be initiated as provided herein or the stay may be
				lifted if formal proceedings have already begun.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.5 - 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(22).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute
			 or by rules of the board. 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 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of a notice of appeal, the administrator shall
				notify the department of insurance for assignment of an administrative law
				judge, or, if not available, the department of inspections and appeals for an
				assignment of an administrative law judge. The administrative law judge
				assigned shall be the presiding officer for purposes of hearing the appeal.
				Expenses generated shall be shared equally by the parties.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.7 - Notice of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
Any person appealing a decision of the administrator and
				claiming an entitlement to a contested case proceeding shall file a written
				notice of appeal within 3 0 days of receipt of the decision of the
				administrator
The notice of appeal should be directed to the administrator
				and should state the name and address of the appellant, identify the specific
				portion or portions of the action of the administrator that are being appealed,
				and include a short and plain statement of the reasons the specific action is
				being appealed.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.8 - Commencement of Cases

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days of when the administrator receives a notice of
				appeal, the administrator will file the notice of appeal with the presiding
				officer and notify all affected parties of the filing of the notice of appeal
				with the presiding officer When the presiding officer receives a notice of
				appeal from the administrator, the presiding officer will prepare a notice of
				hearing and deliver it to all parties to the contested case proceeding. A
				contested case commences when a notice of hearing is delivered to the
				parties.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.9 - 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. Publication, as provided in the Iowa Rules
			 of Civil Procedure; or
d. Any other
			 method agreed to in writing by the parties.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.10 - 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 upon order of the
				presiding officer 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 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.11 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
a. The matters at issue involve common
			 parties or common questions of fact or law;
b. Consolidation would expedite and simplify
			 consideration of the issues involved; and
c. Consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.12 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pleadings may
			 be required by rule, by the notice of hearing, or by order of the presiding
			 officer
(2) Petition.
a. Any petition required in a contested case
			 proceeding shall be filed within 20 days of delivery of the notice of hearing
			 or subsequent order of the presiding officer, unless otherwise
			 ordered.
b. A petition shall state
			 in separately numbered paragraphs the following:
(1) The relief demanded and the facts and law
			 relied upon for such relief;
(2)
			 The particular provisions of statutes and rules involved;
(3) The persons or entities on whose behalf
			 the petition is filed; and
(4) The
			 name, address and telephone number of the petitioner and the petitioner's
			 attorney, if any.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.13 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law every pleading, motion, document, or
			 other paper filed in a contested case proceeding and every paper relating to
			 discovery in such a proceeding shall be served upon each of the parties of
			 record to the proceeding, including the person designated as advocate or
			 prosecutor for the state or the board, simultaneously with their filing. Except
			 for the original notice of hearing and an application for rehearing as provided
			 in Iowa Code subsection
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(2)
Service
-
how made.
Service upon a party
			 represented by an attorney shall be made upon the attorney unless otherwise
			 ordered. Service is made by delivery or by mailing a copy to the person's
			 last-known address. Service by mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule, or order
(3)
Filing
-
when
			 required.
After the notice of hearing, all pleadings, motions,
			 documents or other papers in a contested case proceeding shall be filed with
			 the presiding officer
(4)
Filing
-
when made.
Except where otherwise
			 provided by law, a document is deemed filed at the time it is delivered to the
			 presiding officer, delivered to an established courier service for immediate
			 delivery to the presiding officer, or mailed by first-class mail or state
			 interoffice mail to the presiding officer 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 & 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 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.14 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules or by order of the presiding
			 officer, time periods for compliance with discovery shall be as provided in the
			 Iowa Rules of Civil Procedure.
(2)
			 Any motion relating to discovery shall allege that the moving party has
			 previously made a good faith attempt to resolve the discovery issues involved
			 with the opposing party. Motions in regard to discovery shall be ruled upon by
			 the presiding officer. Opposing parties shall be afforded the opportunity to
			 respond within ten days of the filing of the motion unless the time is
			 shortened as provided in 17.14(1). The presiding officer may rule on the basis
			 of the written motion and any response or may order argument on the
			 motion.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.15 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. A UST board
			 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. Parties
			 are responsible for service of their own subpoenas and payment of witness fees
			 and mileage expenses.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.16 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought. Any motion for
			 summary judgment shall comply with the Iowa Rules of Civil Procedure.
(2) Any party may file a written response to
			 a motion within 14 days after the motion is served, unless the time period is
			 extended or shortened by rules of the UST board 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 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 agency or an order of the presiding
			 officer
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.17 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than ten days prior to the hearing date. A
			 prehearing conference shall be scheduled not less than three business days
			 prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the presiding officer to all parties. For good cause, the presiding officer may
				permit variances from this rule.
(2) Each party shall bring to the prehearing
			 conference:
a. A final list of the witnesses
			 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.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.18 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made to the presiding officer
(1) A
			 written application for a continuance shall:
a. Be made at the earliest possible time and
			 no less than seven days before the hearing except in case of unanticipated
			 emergencies;
b. State the specific
			 reasons for the request; and
c. Be
			 signed by the requesting party or the party's representative.
An oral application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request unless that
				requirement is waived by the presiding officer No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				where notice is not feasible. The UST board may waive notice of such requests
				for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.19 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				that request prior to the hearing only upon the approval of the board or the
				presiding officer Unless otherwise provided, a withdrawal shall be with
				prejudice.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.20 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer.
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
a. Intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
b. The movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
c. The interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.21 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer presides at the hearing and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or to be represented in all hearings or
			 prehearing conferences related to their case. Partnerships, corporations, or
			 associations may be represented by any member, officer, director, or duly
			 authorized agent. Any party may be represented by an attorney or another person
			 authorized by law.
(4) Subject to
			 terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceeding;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or affirmed by the presiding officer or the court reporter, and be
			 subject to examination and cross-examination. The presiding officer may limit
			 questioning in a manner consistent with law;
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.22 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that fairness and the public interest
			 determine otherwise. The presiding officer may admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice. Upon timely request that party shall receive a continuance sufficient
			 to amend pleadings and to prepare on the additional issue.
(4) The party seeking admission of an exhibit
			 must provide opposing parties with an opportunity to examine the exhibit prior
			 to the ruling on its admissibility. Copies of documents should normally be
			 provided to opposing parties.
All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection shall be accompanied by a brief statement of the grounds upon
			 which it is based. The objection, the ruling on the objection, and the reasons
			 for the ruling shall be noted in the record. The presiding officer may rule on
			 the objection at the time it is made or may reserve a ruling until the written
			 decision.
(6) Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.23 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
			 fails to appear in a contested case proceeding after proper service of notice,
			 the presiding officer may, if no adjournment is granted, proceed with the
			 hearing and render a decision in the absence of the party.
(2) Where appropriate and not contrary to
			 law, any party may move for default against a party who has requested the
			 contested case proceeding and has failed to file a required pleading or has
			 failed to appear after proper service.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.24 - Ex Parte Communication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Prohibited communications. Following issuance of the notice of hearing, there
			 shall be no communication, directly or indirectly, between any party or
			 representative of any party in connection with any issue of fact or law in a
			 case and any person assigned to render a proposed or final decision or to make
			 findings of fact or conclusions of law except upon notice and opportunity for
			 all parties to participate. This does not prohibit persons jointly assigned
			 such tasks from communicating with each other Nothing in this provision is
			 intended to preclude persons assigned to render a proposed or final decision in
			 a contested case or to make findings of fact or conclusions of law in such a
			 case from seeking the advice or help of persons other than those with a
			 personal interest in, or those engaged in personally investigating,
			 prosecuting, or advocating in, either the case under consideration or a pending
			 factually related case involving the same parties as long as that advice or
			 help does not violate Iowa Code section
			 17A.12(8).
(2) Disclosure of prohibited communications.
			 Any person who receives a communication prohibited by subrule 17.24(1) shall
			 disclose that communication to all parties. A copy of any prohibited written
			 communication or a summary of any prohibited oral communication shall be
			 submitted for inclusion in the record.
(3) The presiding officer or the agency may
			 impose appropriate sanctions for violations of this rule. Possible sanctions
			 include a decision against the offending party; censure, suspension, or
			 revocation of the privilege to practice before the agency; and censure,
			 suspension, dismissal, or other disciplinary action against agency
			 personnel.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.25 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the board shall provide a copy of the whole or
				any portion of the record at cost. The cost of preparing a copy of the record
				or of transcribing the hearing record shall be paid by the requesting
				party.
Parties who request that a hearing be recorded by certified
				shorthand reporters rather than by electronic means shall bear the cost of that
				recordation, unless otherwise provided by law.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.26 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the UST
				board may review an interlocutory order of the presiding officer In determining
				whether to do so, the UST board shall weigh the extent to which its granting
				the interlocutory appeal would expedite final resolution of the case and the
				extent to which review of that interlocutory order by the UST board at the time
				it reviews the proposed decision of the presiding officer would provide an
				adequate remedy. Any request for interlocutory review must be filed within 14
				days of issuance of the challenged order but no later than the time for
				compliance with the order or the date of hearing, whichever is
				first.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.27 - Proposed Decision-administrative Law Judge

Current through Register Vol. 47, No. 3, July 24, 2024
The ruling of an administrative law judge in a contested case
				proceeding is a proposed decision which will become the final decision of the
				UST board unless there is an appeal. Any appeal of a presiding officer's
				proposed decision shall be made to the UST board. A proposed decision shall be
				issued by the administrative law judge within 120 days following the close of
				the hearing.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.28 - Appeals and Review of Proposed Decision of an Administrative Law Judge

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal
			 by party.
Any adversely affected party may appeal a proposed decision
			 of a presiding officer to the UST board within 30 days after issuance of the
			 proposed decision.
(2)
Review.
The UST board may initiate review of a proposed
			 decision on its own motion at any time within 30 days following the issuance of
			 such a decision.
(3)
Notice
			 of appeal.
An appeal of a proposed decision is initiated by filing a
			 timely notice of appeal with the UST board. The notice of appeal must be signed
			 by the appealing party or a representative of that party and contain a
			 certificate of service.
The notice shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.29 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the UST board decision on the existing record and whether, subject to
			 17.28(4), the applicant requests an opportunity to submit additional
			 evidence.
(3)
Time of
			 filing.
The application shall be filed with the board within 20 days
			 after issuance of the final decision.
(4)
Notice to other parties.
A copy of the application shall be timely mailed by the applicant to all
			 parties of record not joining therein. If the application does not contain a
			 certificate of service, the UST board shall serve copies on all
			 parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied unless the UST board grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.30 - Stays of Ust Board Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the UST board for a stay of an
			 order issued in that proceeding, pending review by the agency. The petition for
			 a stay shall be filed with the notice of appeal and shall state the reasons
			 justifying a stay. The UST board may rule on the stay or authorize the
			 presiding officer to do so.
b. Any
			 party to a contested case proceeding may petition the UST board for a stay,
			 pending judicial review, of all or part of that proceeding. The petition for a
			 stay shall state the reasons justifying a stay.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.31 - Final Ust Board Action-appeal

Current through Register Vol. 47, No. 3, July 24, 2024
UST board decisions in contested case proceedings are final
				agency action for purposes of appeal. Final UST board decisions will be in
				writing and outline the basis of the decision in the contested case proceeding.
				The administrator will write the final decision as instructed by the UST board.
				The UST board decision shall be final unless appealed pursuant to Iowa Code
				section
				17A.19.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.33 - Use of Legal Assistants or Paralegals

Current through Register Vol. 47, No. 3, July 24, 2024
The UST board and the administrator may be represented by legal
				assistants or paralegals at contested case hearings.
Legal assistants or paralegals representing the UST board and
				the administrator shall be under the supervision of the UST board's counsel
				from the office of the attorney general.