reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 4 - Public Records and Fair Information Practices › Rule 761-4.5 - Consent to Release a Confidential Record to a Third Party

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by law, the subject of a confidential
				  record may consent to its release to a third party. The consent must be in
				  writing and must identify the particular record that may be disclosed and the
				  particular person or class of persons to whom the record may be disclosed. The
				  subject of the record may be required to provide proof of identity. Appearance
				  of counsel before the agency on behalf of a person who is the subject of a
				  confidential record may be deemed to constitute consent for the department to
				  disclose records about that person to the person's counsel.
This rule is intended to implement Iowa Code section
				  22.11.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 4 - Public Records and Fair Information Practices › Rule 761-4.6 - Requests for Confidential Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A person may request that all or a
				portion of a record be confidential. The request must be submitted in writing
				to the custodian and:
a. Identify the
				information for which confidential treatment is sought.
b. Cite the legal basis that justifies
				confidential treatment.
c.
				Demonstrate that disclosure of the information would clearly not be in the
				public interest.
d. Give the
				reasons why any person or persons would be substantially and irreparably
				injured by disclosure of the information. The requester may be required to
				provide any proof necessary to support these reasons.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 4 - Public Records and Fair Information Practices › Rule 761-4.7 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, the person who is the
				  subject of a record may have a written statement of additions, dissents or
				  objections entered into that record. The statement shall be filed with the
				  custodian. The statement must be dated and signed by the person who is the
				  subject of the record and include the person's current address and telephone
				  number This rule does not authorize the person who is the subject of the record
				  to alter the original record or to expand the official record of any agency
				  proceeding.
This rule is intended to implement Iowa Code section
				  22.11.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 4 - Public Records and Fair Information Practices › Rule 761-4.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When the department requests a person to supply information
				  about that person, the department shall notify the person of the use that will
				  be made of the information, which persons outside the agency might routinely be
				  provided this information, which parts of the requested information are
				  required and which are optional, and the consequences of a failure to provide
				  the information requested. This notice may be given in these or other rules of
				  the department, on the written form used to collect the information, on a
				  separate fact sheet or letter, in brochures, in formal agreements, in
				  contracts, in handbooks, in manuals, orally, or by other appropriate means.
				  This rule is intended to implement Iowa Code section
				  22.11.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 4 - Public Records and Fair Information Practices › Rule 761-4.9 - Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the types of departmental information or
				  records that are confidential. This rule is not exhaustive. A citation of the
				  legal authority for confidentiality follows each description. The following
				  records shall be kept confidential. Records are listed by category, according
				  to the legal basis for withholding them from public inspection.
Descriptions:
(1)
				Records which are exempt from disclosure under Iowa Code section
				22.7.
(2) Records which constitute
				attorney work product, attorney-client communications, or are otherwise
				privileged. (Attorney work product is confidential under Iowa Code sections
				22.7,
				622.10
				and
				622.11, Iowa R.
				C. P. 1.503, Fed. R. Civ. P. 26(b)(3), and case law. Attorney-client
				communications are confidential under Iowa Code sections
				622.10
				and
				622.11, the rules
				of evidence, the Iowa Rules of Professional Conduct, and case law.)
(3) Those portions of the department's staff
				manuals, instructions or other statements issued by the department which set
				forth criteria or guidelines to be used by its departmental staff in auditing,
				making inspections, settling commercial disputes or negotiating commercial
				arrangements, or in the selection or handling of cases, such as operational
				tactics or allowable tolerances or criteria for the defense, prosecution or
				settlement of cases, when the disclosure of such statements would enable law
				violators to avoid detection, facilitate disregard of requirements imposed by
				law, or give a clearly improper advantage to persons who are in an adverse
				position to the department. (Iowa Code sections
				17A.2 and
				17A.3
				)
(4) The detailed minutes and
				recordings of closed sessions of the commission. However, if a closed session
				regards a real estate purchase or sale, the minutes and recording shall be
				available for public inspection when the transaction discussed is completed.
				(Iowa Code section
				21.5)
(5) Vehicle accident reports submitted to the
				department by drivers and peace officers. (Iowa Code sections
				321.266 and
				321.271
				)
a. However, access shall be granted to those
				persons authorized by Iowa Code section 321.271.
b. Reserved.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 10 - Administrative Rules › Rule 761-10.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
The definitions in Iowa Code section
				17A.2 and the
				definition of "small business" in Iowa Code section
				17A.4A are
				hereby adopted. In addition:
"Commission"
means the Iowa transportation
				  commission.
"Department"
means the Iowa department of
				  transportation.
"Director"
means the director of
				  transportation or the director's designee.
(2)
Address.
The mailing
				address of the department's rules administrator is: Rules Administrator,
				Strategic Communications and Policy Bureau, Iowa Department of Transportation,
				800 Lincoln Way, Ames, Iowa 50010. The email address of the rules administrator
				may be found on the department's website at
iowadot.gov/administrativerules
.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 10 - Administrative Rules › Rule 761-10.2 - Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of Intended Action
-
approval and
				content.
Written authorization to publish proposed rules under Notice
				of Intended Action in the Iowa Administrative Bulletin shall be made by the
				director. Each commissioner shall be sent a copy of the Notice of Intended
				Action before its publication in the Iowa Administrative Bulletin. The Notice
				of Intended Action shall contain:
a. A copy
				of the complete text of the proposed rules and a brief explanation of the
				purpose of the proposed rules.
b.
				The specific legal authority for the proposed rules.
c. The methods that persons and agencies may
				use to present their views on the proposed rules. In addition to providing for
				the submission of written comments, the Notice shall afford any interested
				person or agency the opportunity to make an oral presentation.
d. Any other information required by statute
				or rule.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 10 - Administrative Rules › Rule 761-10.3 - Petitions for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department shall accept and consider, from any person or agency, petitions for
				rule making when submitted to the department's rules administrator by mail or
				email and prepared in conformance with the following:
a. Format:
Click here to
				  view Image
(In separate numbered paragraphs, the petition shall include
				  the following.)
1. The petitioner's
				name, address and telephone number.
2. The nature of the petitioner's interest in
				the matter.
3. The text or the
				essential terms and conditions of a proposed new rule, or the rule number and
				text of a rule proposed for amendment or a repeal. In addition, proposed
				amendments shall be illustrated to portray the changes in wording requested:
				Deletions are to be indicated by strike-throughs, and additions by
				underscoring.
4. The reasons for
				seeking the requested action, including any facts, views, data or arguments
				relevant to the request. Copies of statutes, rules or other supporting
				documents referenced in the petition shall be submitted as appendices to the
				petition or made available to the department upon request.
*5. If desired, a request to meet informally
				with the department to discuss the petition.
____________________________________
(Signature of petitioner)
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 11 - Waiver of Rules › Rule 761-11.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The purpose
				of this chapter is to establish a general process for granting waivers from the
				requirements of department rules. A waiver is an agency action which suspends
				in whole or in part the requirements or provisions of a rule as applied to an
				identified person on the basis of the particular circumstances of that
				person.
(2) This chapter does not
				preclude the granting of waivers using another process if a statute or another
				department rule so provides. If the rule for which a waiver is sought has a
				specific waiver process of its own, this chapter is applicable only when it is
				specifically cited.
(3) This
				chapter does not apply to contested case proceedings.
(4) This chapter does not apply to rules that
				merely define the meaning of a statute or other provision of law if the
				department does not possess the delegated authority to bind the courts to any
				extent with its definition.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 11 - Waiver of Rules › Rule 761-11.2 - Authority to Grant Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
The director of transportation may, in response to a written
				  petition submitted in accordance with rule
				  761-11.5
				  (17A), grant a waiver from the requirements of a rule. The decision to grant a
				  waiver shall be made at the sole discretion of the director and is final agency
				  action.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 11 - Waiver of Rules › Rule 761-11.3 - Criteria, Considerations and Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The director shall not grant a waiver
				from the requirements of a rule unless the director or the department has
				jurisdiction over the rule and the waiver is consistent with any applicable
				statute, constitutional provision, or other provision of law. The director
				shall not waive any requirement created or duty imposed by statute.
(2) The director may grant a waiver from the
				requirements of a rule if the director finds, based on clear and convincing
				evidence, all of the following:
a.
				Application of the rule will pose an undue hardship.
b. The waiver will not prejudice the
				substantial legal rights of any person.
c. The provisions of the rule subject to
				waiver are not specifically mandated by statute or another provision of law,
				and the waiver will not cause a denial of federal funds.
d. Substantially equal protection of the
				public health, safety, and welfare will be afforded by means other than that
				prescribed in the rule.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 11 - Waiver of Rules › Rule 761-11.4 - Decision on Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				director's decision to grant or deny a waiver in response to a written petition
				shall be in writing and contain:
a. The name
				of the person to whom the decision pertains.
b. A citation to the rule or portion thereof
				to which the decision pertains and a brief summary of the rule's requirements
				that are pertinent to the requested waiver.
c. The relevant facts and reasons upon which
				the decision is based. If a waiver is granted, the decision must include the
				findings set out in subrule 11.3(2).
d. The scope and duration of a waiver if one
				is granted.
e. Any other conditions
				placed on a waiver if one is granted.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 11 - Waiver of Rules › Rule 761-11.5 - Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petitioner.
Any person may petition the department for a
				waiver from the requirements of a rule. The petitioner must have a real and
				direct interest in the matter.
(2)
Form of petition.
A petition for a waiver from the
				requirements of a rule must be in writing and state clearly at the top of the
				petition that it is a "petition for waiver of a rule." The petition shall
				contain the following information where applicable and known to the petitioner:
a. The name, address and telephone number of
				the petitioner, and any license, permit or case number applicable to the
				requested waiver.
b. A description
				of and citation to the specific rule from which a waiver is
				requested.
c. The specific waiver
				requested, including its scope and duration.
d. The relevant facts and reasons the
				petitioner believes would justify the requested waiver. The petitioner should
				address each of the following:
(1) Why
				applying the rule will result in an undue hardship to the petitioner.
(2) Why waiving the rule will not prejudice
				the substantial legal rights of any other person.
(3) Whether the provisions of the rule are
				specifically mandated by statute or another law other than the rule.
(4) How substantially equal protection of the
				public health, safety, and welfare will be afforded by means other than those
				prescribed by the rule.
e. A history of any prior contacts between
				the petitioner and the department that are related to the requested waiver.
f Whether the petitioner is
				currently a party to a rule making, declaratory order, contested case, judicial
				proceeding, or any other proceeding related to the requested waiver.
g. Information regarding the department's
				treatment of similar situations.
h.
				The name, address and telephone number of any public agency or political
				subdivision that also regulates the activity in question or that may be
				affected if the waiver were granted.
i. The name, address and telephone number of
				any person or entity that may be adversely affected if the waiver were
				granted.
j. The name, address and
				telephone number of any person who has knowledge of facts relevant to the
				requested waiver.
k. Releases
				authorizing persons with knowledge of relevant facts to furnish that
				information to the department.
l.
				The signature of the petitioner and the date signed.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 11 - Waiver of Rules › Rule 761-11.6 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Following is the procedure for responding to a petition for a
				  waiver from the requirements of a rule:
(1) The department shall acknowledge receipt
				of a petition immediately.
(2)
				Before a waiver is granted or denied, the department may request a petitioner
				to furnish additional information related to the petition.
(3) The director shall issue a written
				decision to grant or deny a waiver within 120 days after the department
				receives the petition unless the petitioner agrees to a later time. However, if
				the matter is also the subject of a contested case proceeding, the decision to
				grant or deny a waiver need not be issued until after the final decision in the
				contested case is issued.
(4) The
				decision to grant or deny a waiver shall contain the information set out in
				rule
				761-11.4
				(17A).
(5) Within seven days after
				the decision is issued, the department shall transmit it to the
				petitioner.
(6) Failure to grant or
				deny a waiver within the required time is deemed a denial.
(7) The director's decision on a petition for
				a waiver from the requirements of a rule is final agency action.
(8) A petition for a waiver from the
				requirements of a rule is independent of a contested case proceeding.
				Submission of a petition does not delay the time to request a contested case
				hearing, to appeal a proposed decision in a contested case, or to file a
				petition for judicial review of a final decision in a contested case.
(9) A petition for a waiver from the
				requirements of a rule is not required to exhaust administrative remedies
				before judicial review of a department action under Iowa Code section 17A.
				19.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 11 - Waiver of Rules › Rule 761-11.7 - Modification or Cancellation of Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
The department may, after notice and opportunity for hearing,
				  modify or cancel a waiver granted pursuant to this chapter if the director
				  finds any of the following:
1. A
				material fact upon which the waiver is based is not true or has
				changed.
2. The petitioner withheld
				or knowingly misrepresented a material fact relevant to the propriety or
				desirability of the waiver.
3. The
				petitioner has failed to comply with the conditions set forth in the decision
				granting the waiver.
4. The
				alternate means for ensuring that the public health, safety and welfare will be
				adequately protected after the waiver is granted are insufficient.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 11 - Waiver of Rules › Rule 761-11.8 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All records
				relating to waivers granted or denied under this chapter are open records.
				However, if a record contains personal information that is confidential, only
				the portion of the record that is nonconfidential will be made available for
				public inspection.
(2) The
				department's rules administrator shall, at a minimum, retain for five years
				records relating to waivers granted or denied under this chapter.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 12 - Declaratory Orders › Rule 761-12.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Declaratory order "
means the department's
				  interpretation of a statute, rule or order as applied to specified
				  circumstances. A declaratory order is issued in response to a petition for
				  declaratory order.
"Director"
means the director of
				  transportation or the director's designee.
"Petition for declaratory order"
means a
				  formal request from a person or agency to the department asking how the
				  department will apply a statute, rule or order based on a specific set of facts
				  contained in the petition. The purpose of the petition is to seek binding
				  advice from the department, not to challenge a decision that the department has
				  already made.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 12 - Declaratory Orders › Rule 761-12.2 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person or agency may file with the
				department a petition for declaratory order. The subject matter of the petition
				must be within the primary jurisdiction of the department.
(2) The petition must be submitted to the
				rules administrator either by mail to Rules Administrator, Strategic
				Communications and Policy Bureau, Iowa Department of Transportation, 800
				Lincoln Way, Ames, Iowa 50010; or by email to the rules administrator's email
				address listed on the department's website at
iowadot.gov/administrativerules
.
(3) The petition must be typewritten or
				legibly handwritten in ink and must substantially conform to the following
				form:
Click here to
				  view Image
(In separate numbered paragraphs, the petition shall include
				  the following.)
1. The petitioner's
				name, address and telephone number.
2. The exact words, passages, sentences or
				paragraphs of statutes, rules, etc. which are the subject of the
				inquiry.
3. A clear, concise and
				complete statement of all relevant facts for which the order is
				requested.
4. The uncertainties or
				conflicting interpretations which arise when the cited statutes, rules, etc.
				are applied to the facts.
5.
				(Optional) The interpretation urged based upon the facts set forth.
6. The reasons for the petition and a full
				disclosure of the petitioner's interest.
7. Whether the petitioner is currently a
				party to a rule-making, contested case or judicial proceeding involving the
				controversy or uncertainty.
8. The
				names and addresses, when known, of other persons who may be affected by the
				declaratory order.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 12 - Declaratory Orders › Rule 761-12.3 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for declaratory
				  order, the department shall provide copies of the acknowledgement of receipt
				  and copies of the petition to all persons to whom notice of the petition is
				  required by any provision of law. The department may also give notice to any
				  other persons deemed appropriate.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 12 - Declaratory Orders › Rule 761-12.4 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				declaratory order or an order declining to issue a declaratory order shall be
				issued by the director.
(2) The
				director shall not issue a declaratory order that would substantially prejudice
				the rights of a person who would be a necessary party and who does not consent
				in writing to the determination of the matter by a declaratory order
				proceeding.
(3) The director may
				issue an order declining to issue a declaratory order on some or all of the
				questions raised in the petition for any of the following reasons:
a. The petition does not substantially comply
				with the required form.
b. The
				petition does not contain facts sufficient to demonstrate that the petitioner
				will be aggrieved or adversely affected by the failure of the department to
				issue a declaratory order.
c. The
				department does not have jurisdiction over the questions presented in the
				petition.
d. The questions
				presented in the petition are also presented in a current rule-making,
				contested case, or other agency or judicial proceeding that may definitively
				resolve them.
e. The questions
				presented in the petition would more properly be resolved in a different type
				of proceeding or by another body with jurisdiction over the matter.
f. The questions posed or facts presented in
				the petition are unclear, vague, incomplete, overbroad, insufficient, or
				otherwise inappropriate as a basis upon which to issue a declaratory
				order.
g. There is no need to issue
				a declaratory order because the questions raised in the petition have been
				settled due to a change in circumstances.
h. The petition is not based upon facts
				calculated to aid in the planning of future conduct but is, instead, based
				solely upon prior conduct in an effort to establish the effect of that conduct
				or to challenge a department decision already made.
i. The petition requests a declaratory order
				that would necessarily determine the legal rights, duties or responsibilities
				of other persons who have not joined in the petition or filed a similar
				petition and whose position on the questions presented may fairly be presumed
				to be adverse to that of the petitioner.
j. The petitioner requests the department to
				determine whether a statute is unconstitutional on its face.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 12 - Declaratory Orders › Rule 761-12.5 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as
				  a final order issued in a contested case proceeding. It is binding on the
				  department and the petitioner and is applicable only in circumstances where the
				  relevant facts and the law involved are indistinguishable from those on which
				  the order was based. As to all other persons, a declaratory order serves only
				  as precedent and is not binding on the department. The issuance of a
				  declaratory order constitutes final agency action on the
				  petition.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.2 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This chapter of
				rules provides the minimum procedural requirements for department involvement
				in contested cases under Iowa Code chapter 17A.
(2) Rules which apply to a particular type of
				contested case shall take precedence over this chapter of rules. If there are
				no other rules applicable to a particular type of contested case, it shall be
				conducted in accordance with this chapter of rules.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.3 - Initiation of Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The department may initiate a contested case proceeding to determine the legal
				rights, duties or privileges of a person as required by the constitution or a
				statute. Prior to initiating the contested case proceeding, the department,
				unless prohibited by statute, may attempt to settle the matter
				informally.
(2) A person who is
				aggrieved by an action of the department and who is entitled to an evidentiary
				(contested case) hearing may:
a. Unless
				prohibited by statute, request an informal settlement.
b. Initiate a contested case by submitting a
				request for a contested case hearing.
c. Use both procedures.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.4 - Submission of Request for Informal Settlement or Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A request to
				the department for an informal settlement or a request for a contested case
				hearing shall be submitted in writing to the director of the bureau or division
				of the department which administers the matter at issue.
(2) The request shall include complete names,
				addresses and telephone numbers for all persons involved and any attorneys
				representing them. The request shall also specify the mailing address to be
				used for all communications from the department.
(3) A statute or rule may provide for
				submission of requests within a specified time period. A request shall be
				considered timely submitted if it is postmarked or delivered to the appropriate
				bureau or division of the department within the time period specified. Timely
				submission of a request shall be jurisdictional.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.5 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				informal settlement may be handled by telephone.
(2) If an informal settlement cannot be
				reached within a reasonable period of time, the department shall notify the
				person in writing that there has been a failure to reach an informal
				settlement, that the department's action or decision is sustained, and that the
				person may request a contested case hearing.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.7 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
A decision by a presiding officer shall become the final
				  decision of the department and shall be binding on the department and the party
				  whose legal rights, duties and privileges are being determined unless either
				  appeals the decision as provided in this rule.
(1) No additional evidence shall be presented
				on appeal which shall be decided on the basis of the record made before the
				presiding officer in the contested case hearing.
(2) The appeal shall include a statement of
				the specific issues presented for review and the precise ruling or relief
				requested.
(3) An appeal of a
				presiding officer's decision shall be submitted in writing to the director of
				the bureau or division which administers the matter being contested. The appeal
				shall be deemed timely submitted if it is delivered to the director of the
				appropriate bureau or division or properly addressed and postmarked within 20
				days after the date of the presiding officer's decision.
(4) The director of the administering bureau
				or division shall forward the appeal to the director of
				transportation.
(5) Failure to
				timely appeal a presiding officer's decision shall be considered a failure to
				exhaust administrative remedies.
(6) The director of transportation may make a
				decision affirming, modifying or reversing the presiding officer's decision, or
				may remand the case to the presiding officer.
(7) The decision of the director of
				transportation shall be the final decision of the department and shall
				constitute final agency action for purposes of judicial review. No further
				steps are necessary to exhaust administrative remedies.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.8 - Motion for Review

Current through Register Vol. 47, No. 3, July 24, 2024
The director of transportation may, on the director's own
				  motion, review the presiding officer's decision. The motion for review is
				  subject to the same time limits as an appeal from a presiding officer's
				  decision. If there is a motion for review, subrules 13.7(6) and 13.7(7)
				  apply.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.10 - Maintenance of Records

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall retain for at least five years from the
				  date of the final decision copies of the record made before the presiding
				  officer, the decision received from the presiding officer, the decision issued
				  by the director, and related correspondence.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.11 - Use of Legal Assistants or Paralegals

Current through Register Vol. 47, No. 3, July 24, 2024
The department may be represented by legal assistants or
				  paralegals at contested case hearings.
These authorized legal assistants or paralegals shall be
				  under the supervision of attorneys from the department's general
				  counsel.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.12 - Communications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each party
				to a contested case shall keep the department informed of the party's current
				address and telephone number, the name, address and telephone number of the
				party's attorney, if any, and the mailing address to be used for communications
				from the department.
(2) Mailed
				notices, communications and decisions regarding the contested case shall be
				sent by first class or certified mail to the latest address which each party
				has provided to the department.
(3)
				Notwithstanding subrule 13.12(2), any notices, communications and decisions
				regarding the contested case issued and sent directly by the department of
				inspections and appeals may be sent by email or notice of electronic filing as
				defined by rule 481-16.2(10A) to the party's attorney at the latest email
				address which the party's attorney has provided to the department of
				inspections and appeals.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.13 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
				fails to appear or participate in a contested case proceeding after proper
				service of notice, the presiding officer may, if no continuance is granted,
				either enter a default decision or proceed with the hearing and render a
				decision in the absence of the party.
(2) Any party may move for default against a
				party who has requested the contested case proceeding and who has failed to
				appear after proper service.
(3) A
				default decision or a decision rendered on the merits after a party has failed
				to appear or participate in a contested case proceeding becomes final agency
				action unless, within 20 days after the date of the decision, either a motion
				to vacate is filed and served on the presiding officer and the other parties or
				an appeal of a decision on the merits is timely submitted in accordance with
				rule
				761-13.7 (17A). A motion
				to vacate must state all facts relied upon by the moving party which establish
				that good cause existed for that party's failure to appear or
				participate.
(4) The time for
				further appeal of a decision for which a timely motion to vacate has been filed
				is stayed pending a decision on the motion to vacate.
(5) Timely filed motions to vacate shall be
				granted only for good cause shown. The burden of proof is on the moving party.
				Adverse parties shall have ten days to respond to a motion to vacate.
(6) "Good cause" for the purpose of this rule
				means surprise, excusable neglect or unavoidable casualty.
(7) A decision denying a motion to vacate is
				subject to further appeal in accordance with rule
				761-13.7 (17A).
(8) A decision granting a motion to vacate is
				subject to interlocutory appeal by the adverse party in accordance with rule
				761-13.7 (17A).
(9) If a motion to vacate is granted and no
				timely interlocutory appeal has been taken, the presiding officer shall issue
				another notice of hearing and the contested case shall proceed
				accordingly.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 13 - Contested Cases › Rule 761-13.20 - Additional Procedures When the Department Is Not a Party

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Jurisdiction.
When the
				department is required by statute to administer a controversy to which it is
				not a party, the following additional procedures shall apply.
(2)
Request.
A person who
				has an interest in a controversy and who is entitled to an evidentiary
				(contested case) hearing may submit a written request to the department to
				resolve the controversy.
a. The request shall
				state the facts alleged and the relief sought by the requester.
b. The request shall identify by name and
				address the persons involved and any attorneys representing them. The request
				shall also specify the requester's telephone number and the mailing address to
				be used for all communications to the requester from the department.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 20 - Procurement of Equipment, Materials, Supplies and Services › Rule 761-20.1 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
This chapter pertains only to the procurement of
				equipment, materials, supplies and services by the Iowa department of
				transportation with funds from the department's operating budget or from the
				materials and equipment revolving fund established in Iowa Code section
				307.47
				or other program funds authorized for department use.
(2)
Applicability.
Rules
				761-20.4 (307) through
				761-20.6 (307) apply to
				professional and technical services procured using the general purchasing
				process where contracts are awarded competitively and cost is a factor. Rule
				761-20.10 (307) applies to professional and technical services contracts that
				are awarded based on qualifications when the cost is negotiated after the
				vendor is selected.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 20 - Procurement of Equipment, Materials, Supplies and Services › Rule 761-20.4 - Formal Advertising Procedures and Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Bidders list.
The
				department's purchasing section shall maintain current bidders lists by
				commodity classification.
a. These lists are
				developed using available sources such as technical publications, telephone
				books, trade journals, commercial vendor registers, advertising literature,
				Internet resources and targeted small businesses certified by the Iowa economic
				development authority. Solicitations will be posted as required on the Iowa
				economic development authority's targeted small business website no later than
				48 hours prior to the issuance of the solicitation.
b. Any firm legally doing business in Iowa
				may be placed on an appropriate bidders list or lists by submitting a written
				request to: DOT Director of Purchasing, Iowa Department of Transportation, 800
				Lincoln Way, Ames, Iowa 50010.
c.
				Subject to concurrence of legal counsel, a bidder's name may be removed from a
				bidders list or lists for any of the following reasons:
(1) When the bidder has failed to respond to
				three consecutive requests for proposals.
(2) When the bidder has failed to meet the
				performance requirements of a previous procurement.
(3) When the bidder has attempted to
				improperly influence the decision of any state employee involved in the
				procurement process.
(4) When there
				are reasonable grounds to believe that there is a collusive effort by bidders
				to restrain competition by any means.
(5) Where there is a determination by the
				civil rights commission that the bidder conducts discriminatory employment
				practices.
d. A bidder
				may appeal removal from a bidders list or lists by submitting the appeal in
				writing to the department at the address given in paragraph 20.4(1)
"b.
				"
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 20 - Procurement of Equipment, Materials, Supplies and Services › Rule 761-20.5 - Limited Solicitation Procedures and Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Bidders lists.
The
				department shall use its current bidders lists (see subrule 20.4(1)) to the
				extent feasible and practicable. However, the solicitation will also be offered
				to any qualified bidder that has requested an opportunity to
				participate.
(2)
Form of
				solicitation.
The solicitation shall be as detailed and complete as
				practicable for the time and resources available.
(3)
Form of response.
Responses shall be submitted in writing or electronically when practicable.
				Written responses will prevail over oral responses in case of discrepancies,
				disputes or errors. Following is the order of preference:
1. Original, signed submitted
				response.
2. Electronically
				submitted response (facsimile, email, Internet).
3. Oral response (e.g.,
				telephonic).
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 20 - Procurement of Equipment, Materials, Supplies and Services › Rule 761-20.6 - Professional and Technical Services

Current through Register Vol. 47, No. 3, July 24, 2024
This rule applies to professional and technical services
				  procured through the purchasing section using formal advertising, solicitation
				  or negotiation methods outlined in rules
				  761-20.3 (307) to 761-20.6
				  (307). Professional and technical services procured based on qualifications are
				  covered by rule 761-20.10 (307).
(1)
Request for proposal (RFP).
A solicitation prepared by the
				department shall include at least the minimum requirements for the type of
				goods or services sought. The solicitation is sent to prospective offerors and
				is publicly posted on the department's website.
(2)
Evaluation committee.
A
				committee is established for the purpose of reviewing and evaluating proposed
				responses based on a set of criteria as outlined in the RFP. "Evaluation
				criteria" will define categories with assigned weighted values to be used as a
				scoring measure to determine the best overall solution for the department based
				on technical expertise and price, including but not limited to:
a. Overall content of written submitted
				proposal information.
b. Business
				knowledge.
c. Work experience in
				required skills sets.
d.
				Presentation or demonstration.
e.
				Cost.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 20 - Procurement of Equipment, Materials, Supplies and Services › Rule 761-20.7 - Sole Source or Emergency Selection

Current through Register Vol. 47, No. 3, July 24, 2024
Sole source or emergency selection applies to all services,
				  including professional and technical services. The department shall fully
				  document and include in the contract file the justification for use of sole
				  source or emergency selection and the basis on which a particular firm is
				  selected.
(1)
Sole source
				selection.
The department may select a single firm which meets the
				requirements of the required work categories to perform the work with which to
				negotiate when one of the following conditions exists:
a. Only a single firm is determined qualified
				or eligible to perform the contemplated services or is eminently more likely to
				most satisfactorily complete the work than another firm.
b. The services involve work that is of such
				a specialized character or nature, or related to a specific geographical
				location, that only a single firm, by virtue of experience, expertise,
				proximity to or familiarity with the project or ownership of intellectual
				property rights, could most satisfactorily complete the work.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 20 - Procurement of Equipment, Materials, Supplies and Services › Rule 761-20.8 - Conflicts With Federal Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of this chapter would cause a denial of
				  federal funds or services or would otherwise be inconsistent with federal law,
				  federal law shall be adhered to, but only to the extent necessary to prevent
				  denial of the federal funds or services or to eliminate the inconsistency with
				  federal law.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 20 - Procurement of Equipment, Materials, Supplies and Services › Rule 761-20.10 - Negotiation-architectural, Landscape Architectural, Engineering and Related Professional and Technical Services

Current through Register Vol. 47, No. 3, July 24, 2024
This rule prescribes procedures for the procurement of
				  architectural, landscape architectural, surveying, general engineering
				  consultant, construction inspection, engineering and related professional and
				  technical services by negotiation where selection is based on qualifications in
				  compliance with 23 CFR Part 172. Contract costs are negotiated after a
				  qualification-based selection.
(1)
Registration of firms providing professional and technical
				services.
a. A firm wishing to
				provide professional and technical services to the department as a consultant
				may register to receive information through the GovDelivery portal available at
				the department's website at www.iowadot.gov . The firm is responsible for
				keeping the firm's information updated. For information, persons may contact
				the consultant coordinator at the Office of Project Management, Iowa Department
				of Transportation, 800 Lincoln Way, Ames, Iowa 50010, or by telephone at
				(515)239-1803.
b. The department
				shall maintain a list of work categories, descriptions and requirements for
				each work category online.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 25 - Competition With Private Enterprise › Rule 761-25.2 - Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
Activities related to the items listed in this rule are
				  exempted from the provisions of Iowa Code section
				  23A.2,
				  subsection 1.
(1)
				Transportation-related printing, publications and electronically generated
				materials including, but not limited to: forms; brochures; booklets; manuals;
				directories; periodicals; county, city and state transportation maps; video and
				audio materials; computer tapes and discs; microfilm and other instructional
				and informative materials.
(2)
				Copies of records or other services provided to meet the requirements of Iowa
				Code chapter 22.
(3)
				Transportation-related studies, planning and research.
(4) Disposal of surplus, obsolete or junked
				materials and supplies and equipment.
(5) Matters of intergovernmental cooperation.
				Cooperating with other government bodies does not involve providing goods or
				services to the public except in the broadest sense. The term "government
				bodies" includes regional transit systems. Activities which involve
				intergovernmental cooperation include, but are not limited to, the following:
a. Use or consumption of departmental
				facilities, equipment, materials or supplies by other government bodies,
				including loans, rentals and sales of equipment, materials and
				supplies.
b. Services provided to
				or performed for other government bodies. These services include:
(1) Vehicle maintenance and repair services
				provided to other state agencies.
(2) Purchasing services provided to other
				government bodies.
(3) Purchases
				made by other government bodies through state contracts.
(4) Disposal of surplus, obsolete or junked
				materials and supplies and equipment belonging to other state agencies,
				counties or cities.
(5) Other
				services performed for government bodies. These services cover a wide range of
				activities and are performed primarily for county and city highway departments,
				agencies having park or institutional roads, county treasurers, public transit
				systems, publicly owned airports, law enforcement agencies, regional planning
				agencies, and transportation-related boards.