reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.9 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person shall withdraw from participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
			 degree of relationship that (1) is a party to the case, or an officer, director
			 or trustee of a party; (2) is a lawyer in the case; (3) is known to have an
			 interest that could be substantially affected by the outcome of the case; or
			 (4) is likely to be a material witness in the case; or
g. Has any other legally sufficient cause to
			 withdraw from participation in the decision making in that case.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.10 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where (a) the
			 matters at issue involve common parties or common questions of fact or law; (b)
			 consolidation would expedite and simplify consideration of the issues involved;
			 and (c) consolidation would not adversely affect the rights of any of the
			 parties to those proceedings.
(2)
Severance.
The presiding officer may, for good cause shown,
			 order any contested case proceedings or portions thereof severed.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.11 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pleadings may
			 be required by rule, by the notice of hearing, or by order of the presiding
			 officer
(2) Petition.
a. Any petition required in a contested case
			 proceeding shall be filed within 20 days of delivery of the notice of hearing
			 or subsequent order of the presiding officer, unless otherwise
			 ordered.
b. A petition shall state
			 in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
			 the petition is filed;
(2) The
			 particular provisions of statutes and rules involved;
(3) The relief demanded and the facts and law
			 relied upon for such relief; and
(4) The name, address and telephone number of
			 the petitioner and the petitioner's attorney, if any.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every pleading, motion, document, or
			 other paper filed in a contested case proceeding and every paper relating to
			 discovery in such a proceeding shall be served upon each of the parties of
			 record to the proceeding, including the person designated as advocate or
			 prosecutor for the state or the agency, simultaneously with their filing.
			 Except for the original notice of hearing and an application for rehearing as
			 provided in Iowa Code section
			 17A16(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 as identified in the notice of hearing. All pleadings,
			 motions, documents or other papers that are required to be served upon a party
			 shall be filed simultaneously with the Homeland Security and Emergency
			 Management Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa
			 50324.
(4)
Filing
-
when made.
Except where otherwise provided by law, a
			 document is deemed filed at the time it is delivered to the emergency
			 management division, delivered to an established courier service for immediate
			 delivery to that office, or mailed by first-class mail or state interoffice
			 mail to that office, so long as there is proof of mailing.
(5)
Proof of mailing.
Proof
			 of mailing includes either: a legible United States Postal Service postmark on
			 the envelope, a certificate of service, a notarized affidavit, or a
			 certification in substantially the following form:
I certify under penalty
				of perjury and pursuant to the laws of Iowa that, on (date of mailing), I
				mailed copies of (describe document) addressed to the (agency office and
				address) and to the names and addresses of the parties listed below by
				depositing the same in (a United States post office mailbox with correct
				postage properly affixed or state interoffice mail).
(Date)
(Signature)
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.13 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules or by order of the presiding
			 officer, time periods for compliance with discovery shall be as provided in the
			 Iowa Rules of Civil Procedure.
(2)
			 Any motion relating to discovery shall allege that the moving party has
			 previously made a good-faith attempt to resolve the discovery issues involved
			 with the opposing party. Motions in regard to discovery shall be ruled upon by
			 the presiding officer. Opposing parties shall be afforded the opportunity to
			 respond within ten days of the filing of the motion unless the time is
			 shortened as provided in subrule 6.13(1). The presiding officer may rule on the
			 basis of the written motion and any response, or may order argument on the
			 motion.
(3) Evidence obtained in
			 discovery may be used in the contested case proceeding if that evidence would
			 otherwise be admissible in that proceeding.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. An agency
			 subpoena shall be issued to a party on request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a request
			 for a subpoena must be received at least three days before the scheduled
			 hearing. The request shall include the name, address, and telephone number of
			 the requesting party.
b. Except to
			 the extent otherwise provided by law, parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.15 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the agency or the presiding officer The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing, except
			 motions for summary judgment, must be filed and served at least ten days prior
			 to the date of hearing unless there is good cause for permitting later action
			 or the time for such action is lengthened or shortened by rule of the agency or
			 an order of the presiding officer
(5) Motions for summary judgment. Motions for
			 summary judgment shall comply with the requirements of Iowa Rule of Civil
			 Procedure 237 and shall be subject to disposition according to the requirements
			 of that rule to the extent such requirements are not inconsistent with the
			 provisions of this rule or any other provision of law governing the procedure
			 in contested cases.
Motions for summary judgment must be filed and served at least
				45 days prior to the scheduled hearing date, or other time period determined by
				the presiding officer. Any party resisting the motion shall file and serve a
				resistance within 15 days, unless otherwise ordered by the presiding officer,
				from the date a copy of the motion was served. The time fixed for hearing or
				nonoral submission shall be not less than 20 days after the filing of the
				motion, unless a shorter time is ordered by the presiding officer. A summary
				judgment order rendered on all issues in a contested case is subject to
				rehearing pursuant to 6.28(17A) and appeal pursuant to
				6.27(17A).
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.16 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than seven days prior to the hearing date. A
			 prehearing conference shall be scheduled not less than three business days
			 prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the 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 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.17 - 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 agency may waive notice of such requests for
				a particular case or an entire class of cases.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.19 - 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.
(4)
Effect of intervention.
If appropriate, the presiding officer may order consolidation of the petitions
			 and briefs of different parties whose interests are aligned with each other and
			 limit the number of representatives allowed to participate actively in the
			 proceedings. A person granted leave to intervene is a party to the proceeding.
			 The order granting intervention may restrict the issues that may be raised by
			 the intervenor or otherwise condition the intervenor's participation in the
			 proceeding.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.20 - 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 proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or 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 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.21 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that good cause justifies expansion of the
			 issues. If the presiding officer decides to admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, shall receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents should normally be provided to opposing parties.
All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection shall be accompanied by a brief statement of the grounds upon
			 which it is based. The objection, the ruling on the objection, and the reasons
			 for the ruling shall be noted in the record. The presiding officer may rule on
			 the objection at the time it is made or may reserve a ruling until the written
			 decision.
(6) Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.24 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the homeland security and emergency management
				department 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 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on the director's own
				motion, the director may review an interlocutory order of the presiding
				officer. In determining whether to do so, the director shall weigh the extent
				to which granting the interlocutory appeal would expedite final resolution of
				the case and the extent to which review of that interlocutory order by the
				agency at the time it reviews the proposed decision of the presiding officer
				would provide an adequate remedy. Any request for interlocutory review must be
				filed within 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 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 When the director presides over the reception of evidence at the hearing, the
			 director's decision is a final decision.
(2) When the director does not preside at the
			 reception of evidence, the presiding officer shall make a proposed decision.
			 The proposed decision becomes the final decision of the agency without further
			 proceedings unless there is an appeal to, or review on motion of, the director
			 within the time provided in rule
			 605-627.
			 (17A).
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the director within 30 days after issuance of the proposed
			 decision.
(2)
Review.
The director may initiate review of a proposed
			 decision on the director's 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 director. 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 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order.
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the agency decision on the existing record and whether, on the basis of
			 the grounds enumerated in subrule 6.27(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the director 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 homeland
			 security and emergency management department shall serve copies on all
			 parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied unless the agency grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.29 - Stays of Agency Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the director for a stay of an order
			 issued in that proceeding or for other temporary remedies, pending review by
			 the agency. The petition shall be filed with the notice of appeal and shall
			 state the reasons justifying a stay or other temporary remedy. The director may
			 rule on the stay or authorize the presiding officer to do so.
b. Any party to a contested case proceeding
			 may petition the director for a stay or other temporary remedies pending
			 judicial review of all or part of that proceeding. The petition shall state the
			 reasons justifying a stay or other temporary remedy.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.30 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.31 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare, and consistent with the Constitution
			 and other provisions of law, the agency may issue a written order in compliance
			 with Iowa Code section
			 17A18. to suspend a
			 license in whole or in part, order the cessation of any continuing activity,
			 order affirmative action, or take other action within the jurisdiction of the
			 agency by emergency adjudicative order. Before issuing an emergency
			 adjudicative order the agency shall consider factors including, but not limited
			 to, the following:
a. Whether there has been
			 a sufficient factual investigation to ensure that the agency is proceeding on
			 the basis of reliable information;
b. Whether the specific circumstances which
			 pose immediate danger to the public health, safety, or welfare have been
			 identified and determined to be continuing;
c. Whether the person required to comply with
			 the emergency adjudicative order may continue to engage in other activities
			 without posing immediate danger to the public health, safety, or
			 welfare;
d. Whether imposition of
			 monitoring requirements or other interim safeguards would be sufficient to
			 protect the public health, safety, or welfare; and
e. Whether the specific action contemplated
			 by the agency is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 7 - Local Emergency Management › Rule 605-7.1 - Scope and Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
These rules apply to each local emergency management commission
				as provided for in Iowa Code section
				29C9..
				These rules are intended to establish standards for emergency management and to
				provide local emergency management commissions with the criteria to assess and
				measure their capability to mitigate against, prepare for, respond to, and
				recover from emergencies or disasters.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 7 - Local Emergency Management › Rule 605-7.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the following definitions will
				apply:
"Commission "
means a local emergency
				management commission or joint emergency management commission.
"Local emergency management agency"
means a
				countywide, joint county-municipal agency organized to administer this chapter
				under the authority of a commission.
"Shall"
indicates a mandatory
				requirement.
"Should"
indicates a recommendation or that
				which is advised but not required.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 7 - Local Emergency Management › Rule 605-7.3 - Local Emergency Management Commission

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The county
			 board of supervisors, city councils, and sheriff in each county shall cooperate
			 with the homeland security and emergency management department to establish a
			 local emergency management commission to carry out the provisions of Iowa Code
			 chapter 29C.
a. The local commission shall be
			 named the (county name) county emergency management commission.
b. The commission shall be comprised of the
			 following members:
(1) A member of the county
			 board of supervisors.
(2) The
			 county sheriff.
(3) The mayor from
			 each city within the county.
c. The commission is a municipality as
			 defined in Iowa Code section 670.1.
d. A commission member may designate an
			 alternate to represent the designated entity. For any activity relating to Iowa
			 Code section 29C.17, subsection 2, or Iowa Code chapter 24, participation shall
			 only be by a commission member or a designated alternate that is an elected
			 official for the same designated entity.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 7 - Local Emergency Management › Rule 605-7.4 - Local Emergency Management Coordinator

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each commission shall appoint a local
			 emergency management coordinator who shall serve at the pleasure of the
			 commission. The commission shall delegate to the emergency management
			 coordinator the authority to fulfill the commission's and coordinator's duties
			 as provided in Iowa Code sections
			 29C9.
			 and
			 29C10.,
			 as further described in subrule 7.3(4), and as otherwise assigned and
			 authorized by the commission.
(2)
			 Political activity.
a. A member of a
			 commission shall not be appointed as the local emergency management
			 coordinator.
b. An individual
			 serving in a full-time or part-time governmental position incompatible with the
			 position of coordinator shall not be appointed as the emergency management
			 coordinator.
c. Any employee of an
			 organization for emergency management shall not:
(1) During working hours or when performing
			 official duties or when using public equipment or at any time on public
			 property, take part in any way in soliciting any contribution for any political
			 party or any person seeking political office.
(2) Seek or attempt to use any political
			 endorsement in connection with any appointment to a position created under this
			 rule.
(3) Use any official
			 authority or influence for the purpose of interfering with an election or
			 affecting the results of an election.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 7 - Local Emergency Management › Rule 605-7.5 - Commission Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Personnel for the commission, including the coordinator, operations officers,
			 and emergency management assistants, shall be considered as employees of that
			 commission.
(2) The commission
			 shall determine the personnel policies of the agency to include holidays, rate
			 of pay, sick leave, vacation, and health benefits. The commission may adopt
			 existing county or city policies in lieu of writing the commission's own
			 policies.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 8 - Criteria for Awards or Grants › Rule 605-8.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The homeland security and emergency management department
				receives and distributes funds to a variety of entities throughout the state
				for support of emergency management planning, training, and other initiatives.
				Unless otherwise prohibited by state or federal law, rule or regulation, the
				director may make such funds subject to competition. Where such funds are
				designated by the director to be competitive, the department shall ensure equal
				access, objective evaluation of applications for these funds, and that grant
				application material shall contain, at a minimum, specific
				content.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 8 - Criteria for Awards or Grants › Rule 605-8.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions shall
				apply:
"Competitive grant"
means the competitive
				grant application process to determine the grant award for a specified project
				period.
"Department"
means the homeland security and
				emergency management department.
"Director"
means the director of the homeland
				security and emergency management department.
"Project"
means the activity(ies) or
				program(s) funded by the department.
"Project period"
means the period of time for
				which the department intends to support the project without requiring the
				recompetition of funds.
"Service delivery area"
means the defined
				geographic area for delivery of project services.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 8 - Criteria for Awards or Grants › Rule 605-8.3 - Exceptions

Current through Register Vol. 47, No. 3, July 24, 2024
The department considers funds subject to competition except in
				those cases where:
1. State or federal
			 law, rule or regulation prohibits such competition.
2. The state, federal or private funding
			 source specifies a sole source for the receipt of funds.
3. There is mutual agreement among the
			 department and contract organizations.
4. The director designates such funds to be
			 noncompetitive.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 8 - Criteria for Awards or Grants › Rule 605-8.4 - Public Notice of Available Competitive Grants

Current through Register Vol. 47, No. 3, July 24, 2024
When making funds available through a competitive grant
				application process, the department shall, at least 60 days prior to the
				application due date, issue a public notice in the Iowa Administrative Bulletin
				that identifies the availability of funds and states how interested parties may
				request an application packet. A written request for the packet shall serve as
				the letter of intent. Services, delivery areas, and eligible applicants shall
				be described in the public notice.
If the receipt of a grantor's official notice of award to the
				department precludes a full 60-day notice in the Iowa Administrative Bulletin,
				the department shall nonetheless issue the public notice in the Iowa
				Administrative Bulletin at the earliest publication date.
In the event the publication date would not allow at least 30
				days for interested parties to request and submit an application packet, the
				department shall notify current contractors and other interested parties of the
				availability of funds through press releases and other
				announcements.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 8 - Criteria for Awards or Grants › Rule 605-8.5 - Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Where funds are designated as competitive, the following shall
				be included in all grant application materials made available by the
				department:
1. Funding
			 source;
2. Project
			 period;
3. Services to be
			 delivered;
4. Service delivery
			 area;
5. Funding purpose;
6. Funding restrictions;
7. Funding formula (if any);
8. Matching requirements (if any);
9. Reporting requirements;
10. Performance criteria;
11. Description of eligible
			 applicants;
12. Need for letters of
			 support or other materials (if applicable);
13. Application due date;
14. Anticipated date of award;
15. Eligibility guidelines for those
			 receiving the service or product and the source of those guidelines, including
			 fees or sliding fee scales (if applicable);
16. Target population to be served (if
			 applicable); and
17. Appeal process
			 in the event an application is denied.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 8 - Criteria for Awards or Grants › Rule 605-8.6 - Review Process (competitive applications only)

Current through Register Vol. 47, No. 3, July 24, 2024
The review process to be followed in determining the amount of
				funds to be approved for award of a contract shall be described in the
				application material. The review criteria and point allocation for each element
				shall also be described in the grant application material.
The competitive grant application review committee shall be
				determined by the division administrator administering the grant or award, with
				oversight from the director. The review committee members shall apply points
				according to the established review criteria in conducting the review.
In the event competitive applications for a project receive an
				equal number of points, a second review shall be conducted by the director and
				the division administrator administering the grant or award.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 8 - Criteria for Awards or Grants › Rule 605-8.7 - Opportunity for Review and Comment

Current through Register Vol. 47, No. 3, July 24, 2024
Program advisory committees or related task forces of the
				program may be provided with an opportunity to review and comment on the
				criteria and point allocation prior to implementation. Exceptions may occur
				when the funding source to the department has already included such criteria
				and point allocation within the award or the time frame allowed is insufficient
				for such review and comment.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 8 - Criteria for Awards or Grants › Rule 605-8.8 - Awards

Current through Register Vol. 47, No. 3, July 24, 2024
Once applications have been scored and ranked, the department
				shall award all available funds to eligible applicants based on the ranking of
				their applications. Should there be more eligible applications than funds
				available, those remaining eligible applications shall be kept on file by the
				department.
In those cases in which applicants have received an award but
				actual project costs are less than anticipated or established in the
				application, remaining funds shall become deobligated funds. The department
				shall award deobligated funds to remaining eligible applications on file with
				the department. Should deobligated funds remain after satisfying all eligible
				applications, the department shall republish the availability of
				funds.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 9 - Iowa Comprehensive Plan › Rule 605-9.1 - Description

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section 29C.8 requires the director of the homeland
				security and emergency management department to prepare a comprehensive plan
				for homeland security, disaster response, recovery, mitigation, and emergency
				resource management for the state. This comprehensive plan is comprised of the
				following parts:
1. Iowa Emergency
			 Response Plan.
2. Iowa Hazard
			 Mitigation Plan.
3. Iowa Disaster
			 Recovery Plan.
4. Iowa Critical
			 Asset Protection Plan (confidential per Iowa Code section 22.7, Confidential
			 records).
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 9 - Iowa Comprehensive Plan › Rule 605-9.2 - Iowa Emergency Response Plan

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa Emergency Response Plan is developed in accordance
				with Iowa Code section 29C.8 and has been adopted, published, and maintained by
				the department. This plan details the state government response to a wide range
				of natural, technological or human-caused disasters.
1. A digital copy of this plan will be
			 provided to the state library located in the Ola Babcock Miller Building, 1112
			 East Grand Avenue, Des Moines, Iowa.
2. This plan shall be distributed to state
			 agencies and departments that have been assigned emergency functions and to all
			 local emergency management agencies.
3. The Iowa Emergency Response Plan serves as
			 the state disaster emergency response document.
4. This plan shall be available for public
			 view at the Homeland Security and Emergency Management Department, 7900 Hickman
			 Road, Suite 500, Windsor Heights, Iowa.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 9 - Iowa Comprehensive Plan › Rule 605-9.3 - Iowa Hazard Mitigation Plan

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa Hazard Mitigation Plan is developed in accordance with
				Iowa Code section 29C.8 and has been adopted on September 18, 2023, published,
				and maintained by the department. This plan details the state government goals,
				objectives, and strategies to mitigate a wide range of natural, technological,
				or human-caused disasters in accordance with Section 322 of the Stafford Act,
				 42 U.S.C. 5165.
1. A digital copy of
			 this plan will be provided to the state library located in the Ola Babcock
			 Miller Building, 1112 East Grand Avenue, Des Moines, Iowa.
2. This plan shall be distributed to state
			 agencies and departments that have participated in the writing of the plan or
			 are assigned hazard mitigation functions and to all local emergency management
			 agencies.
3. The Iowa Hazard
			 Mitigation Plan serves as the state hazard mitigation document and demonstrates
			 the state's commitment to reduce risks from natural, technological, and
			 human-caused hazards and serves as a guide for the commitment of resources to
			 reducing the effects of natural, technological, and human-caused
			 hazards.
4. The Iowa Hazard
			 Mitigation Plan shall be reviewed and amended as appropriate at a minimum of
			 every five years.
5. This plan
			 shall be available for public view at the Homeland Security and Emergency
			 Management Department, 7900 Hickman Road, Suite 500, Windsor Heights,
			 Iowa.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 9 - Iowa Comprehensive Plan › Rule 605-9.4 - Iowa Disaster Recovery Plan

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa Disaster Recovery Plan is developed in accordance with
				Iowa Code section 29C.8 and has been adopted on September 17, 2018, published,
				and maintained by the department. This plan details the state government goals,
				objectives, and strategies to recover from a wide range of natural,
				technological, or human-caused disasters.
1. A digital copy of this plan will be
			 provided to the state library located in the Ola Babcock Miller Building, 1112
			 East Grand Avenue, Des Moines, Iowa.
2. This plan shall be distributed to state
			 agencies and departments that have been assigned recovery functions and to all
			 local emergency management agencies.
3. The Iowa Disaster Recovery Plan serves as
			 the state disaster recovery document.
4. This plan shall be available for public
			 view at the Homeland Security and Emergency Management Department, 7900 Hickman
			 Road, Suite 500, Windsor Heights, Iowa.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.1 - Program Description

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this program is to provide for the orderly
				development, installation, and operation of 911 emergency telephone systems and
				to provide a mechanism for the funding of these systems, either in whole or in
				part. These systems shall be operated under governmental management and control
				for the public benefit. These rules shall apply to each joint 911 service board
				or alternative 28E entity as provided in Iowa Code chapter 34A and to each
				provider of 911 service.