reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 68 - Declaratory Orders by the Elevator Safety Board › Rule 875-68.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
				petition for intervention, brief, or other paper filed in a proceeding for a
				declaratory order shall be served upon each of the parties of record to the
				proceeding, and on all other persons identified in the petition for declaratory
				order or petition for intervention as affected by or interested in the
				questions presented, simultaneously with its filing. The party filing a
				document is responsible for service on all parties and other affected or
				interested persons.
(2)
Filing
-
when required.
All petitions for
				declaratory orders, petitions for intervention, briefs, or other papers in a
				proceeding for a declaratory order shall be filed with the board at the board
				office. All petitions, briefs, or other papers that are required to be served
				upon a party shall be filed simultaneously with the board.
(3)
Method of service, time of
				filing, and proof of mailing.
Method of service, time of filing, and
				proof of mailing shall be as provided by rules
				875-69.10
				(17A,89A) and
				875-69.11
				(17A,89A).
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 68 - Declaratory Orders by the Elevator Safety Board › Rule 875-68.7 - Board Review Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
				30 days after receipt of a petition for a declaratory order, the board shall
				issue a document that does one of the following:
a. Declares the applicability of the statute,
				rule or order to the specified circumstances,
b. Sets the matter for specific
				proceedings,
c. Agrees to issue a
				declaratory order by a specified time, or
d. Declines to issue a declaratory order and
				sets forth the reasons for its actions as provided in subrule
				68.9(1).
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 68 - Declaratory Orders by the Elevator Safety Board › Rule 875-68.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board
				shall not issue a declaratory order where prohibited by Iowa Code section
				17A.9(1)
				 and may refuse to issue a declaratory order
				on some or all questions raised for the following reasons:
a. The petition does not provide the required
				information.
b. Rescinded lAB
				3/24/10, effective 4/28/10.
c. The
				board does not have jurisdiction over the questions presented in the
				petition.
d. The questions
				presented by the petition are also presented in a current rule making,
				contested case, or other board or judicial proceeding that may definitively
				resolve them.
e. The questions
				presented by the petition would more properly be resolved in a different type
				of proceeding or by another body with jurisdiction over the matter.
f.The facts or questions presented in the
				petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
				basis upon which to issue an order
g. There is no need to issue an order because
				the questions raised in the petition have been settled due to a change in
				circumstances.
h. The petition is
				not based upon facts calculated to aid in the planning of future conduct but
				is, instead, based solely upon prior conduct in an effort to establish the
				effect of that conduct or to challenge a board 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 petitioner
j.The petitioner requests the board to
				determine whether a statute is unconstitutional on its
				face.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 68 - Declaratory Orders by the Elevator Safety Board › Rule 875-68.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the ruling itself, a declaratory order must
				  contain the date of its issuance, the name of petitioner and all intervenors,
				  the specific statutes, rules, policies, decisions, or orders involved, the
				  particular facts upon which it is based, and the reasons for its conclusion. A
				  declaratory order is effective on the date of issuance.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 68 - Declaratory Orders by the Elevator Safety Board › Rule 875-68.11 - Copies of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A copy of all orders issued in response to a petition for a
				  declaratory order shall be mailed promptly to the original petitioner and all
				  intervenors.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 68 - Declaratory Orders by the Elevator Safety Board › Rule 875-68.12 - 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 in a contested case proceeding. It is binding on the board, the
				  petitioner and any intervenors 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 board. The issuance of a
				  declaratory order constitutes final board action on the
				  petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.1 - Reconsideration of Inspection Report

Current through Register Vol. 47, No. 3, July 24, 2024
The owner or operator of a piece of equipment subject to a
				  written inspection report may petition the commissioner for reconsideration of
				  the report within 30 days of the issuance of the report. Failure to seek timely
				  reconsideration of the inspection report from the commissioner shall be deemed
				  a waiver of all appeal rights under Iowa Code section
				  89A.13(5).
				  The burden of demonstrating compliance with all applicable statutory
				  provisions, administrative rules, and codes adopted by reference rests upon the
				  petitioning owner or operator.
(1) A
				petition for reconsideration shall be in writing and must be signed by the
				requesting party or a representative of that party. The required form for a
				petition for reconsideration is available on the board's website at
www.iowaelevators.gov
. A petition for
				reconsideration shall specify:
a. The party
				seeking reconsideration, including mailing address and telephone
				number;
b. The location of the
				equipment subject to the challenged inspection report;
c. The inspection date;
d. The inspector who issued the challenged
				inspection report;
e. The specific
				findings or conclusions to which exception is taken;
f. The relief sought.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.2 - Appeal to the Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A decision
				by the commissioner to deny, suspend, or revoke an operating permit; a deemed
				denial of a petition for reconsideration; and the commissioner's ruling on a
				petition for reconsideration are subject to appeal to the board.
(2) An appeal to the board shall be a
				contested case proceeding subject to the provisions of Iowa Code chapter
				17A.
(3) The commissioner shall
				have an automatic right of intervention in any appeal and shall defend the
				ruling in a contested case proceeding.
(4) Only those issues raised by the
				petitioner in the petition for reconsideration will be preserved for appeal to
				the board in an appeal from the deemed denial of a petition for reconsideration
				and an appeal from the commissioner's ruling on a petition for
				reconsideration.
(5) At a minimum,
				an appeal shall include a short and concise statement of the basis for the
				appeal. The required form for an appeal to the board is available on the
				board's website at www.iowaelevators.gov.
(6) The deadlines for filing an appeal are
				set forth below:
a.
Reconsideration
				of an inspection report.
An appeal must be filed in writing with the
				board within 30 calendar days of the earlier of either the issuance of the
				commissioner's written ruling on a petition for reconsideration or the deemed
				denial of a petition for reconsideration.
b.
Notification of intent to deny,
				suspend, or revoke an operating permit.
An appeal must be filed in
				writing with the board within 30 calendar days of the appellant's receipt of
				the notification of intent to deny, suspend, or revoke an operating
				permit.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.3 - Informal Review

Current through Register Vol. 47, No. 3, July 24, 2024
If the appellant requests and the commissioner does not
				  object, the board may conduct an informal review of the facts and circumstances
				  subject to the provisions of this rule.
(1) In order to preserve the ability of board
				members to participate in decision making, a party who elects an informal
				review under this rule waives the party's right to seek disqualification of a
				board member as a presiding officer in a later contested case proceeding based
				on the board member's participation in the informal review. A party who elects
				informal review retains the right to seek disqualification of board members on
				any other ground pursuant to subrule 69.14(4).
(2) The board may propose a preliminary order
				at the time of informal review. If a party does not consent to the preliminary
				order, a party must submit a request to proceed with formal contested case
				proceedings, including hearing, within ten days of the informal
				review.
(3) Rules
				875-69.4
				(17A,89A) through
				875-69.31
				(I7A,89A) do not apply during informal review.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.4 - Delivery of Notice

Current through Register Vol. 47, No. 3, July 24, 2024
Delivery of the notice of hearing by the board constitutes
				  the commencement of a contested case proceeding. Delivery may be executed by
				  regular mail. The notice shall be delivered to the appellant, the appellant's
				  attorney, if known, and the commissioner.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.5 - Contents of Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The notice of hearing shall contain a statement of the time,
				  place, and nature of the hearing. The notice shall contain a short and plain
				  statement of the matters asserted. If the board is unable to state the matters
				  in detail at the time the notice is served, the initial notice may be limited
				  to a statement of the issues involved. Thereafter, upon application, a more
				  definite and detailed statement shall be furnished. The notice shall contain a
				  statement that it is the appellant's burden on appeal to prove compliance with
				  all applicable statutory provisions, administrative rules, and ASME code
				  sections. The notice shall also contain a reference to the applicable statute
				  and rules.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.7 - File Transmitted to the Board

Current through Register Vol. 47, No. 3, July 24, 2024
Within 30 days of the issuance of a notice of hearing, the
				  commissioner shall forward to each board member and all parties of record to
				  the appeal copies of the applicable documents set forth below:
1. Inspection report,
2. Petition for reconsideration with the
				appellant's attachments,
3.
				Documents obtained by the commissioner in ruling on the petition for
				reconsideration,
4. Commissioner's
				ruling on the petition for reconsideration,
5. Commissioner's decision denying,
				suspending, or revoking an operating permit, and
6. Appeal to the board.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.8 - Legal Representation

Current through Register Vol. 47, No. 3, July 24, 2024
Any private party to a contested case shall be entitled to
				  legal representation at the discretion and expense of that
				  party.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.9 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				presiding officer in all contested cases shall be the board, a panel of board
				members, or an administrative law judge assigned by the department of
				inspections and appeals. When board members act as presiding officer, they
				shall conduct the hearing and issue either a final decision or, if a quorum of
				the board is not present, a proposed decision. As provided in subrule 69.9(4),
				the board may be assisted by an administrative law judge when the board acts as
				presiding officer
(2) Any party to
				a contested case that wishes to request that the presiding officer assigned to
				render a proposed decision be an administrative law judge employed by the
				department of inspections and appeals must file a written request within 20
				days after service of a notice of hearing which identifies the presiding
				officer as the board. The board may deny the request only upon a finding that
				one or more of the following apply:
a. Neither
				the board nor any officer of the board imder whose authority the contested case
				is to take place is a named party to the proceeding or a real party in interest
				to that proceeding.
b. There is a
				compelling need to expedite issuance of a final decision in order to protect
				the public health, safety, or welfare.
c. The case involves significant policy
				issues of first impression that are inextricably intertwined with the factual
				issues presented.
d. The demeanor
				of the witnesses is likely to be dispositive in resolving the disputed factual
				issues.
e. Funds are unavailable to
				pay the costs of an administrative law judge and an intra-agency
				appeal.
f.The request was not
				timely filed.
g. The request is not
				consistent with a specified statute.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.10 - Service and Filing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service-when required.
Except where otherwise provided by law,
				every document filed in a contested case proceeding shall be served upon each
				of the parties of record. Except for the original notice of hearing and an
				application for rehearing as provided in Iowa Code section
				17A.16,
				subsection 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 personal
				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.
All documents that are required to be
				served upon a party shall be filed simultaneously with the board.
(4)
Filing-when made.
Except
				where otherwise provided by law, a document is deemed filed at the time it is
				delivered to the board at the location set forth in rule
				875-65.5 (89A), 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. A legible United States Postal Service
				postmark on the envelope;
b. A
				certified mail return receipt;
c. A
				notarized affidavit; or
d. 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 Elevator Safety Board, Department of Workforce Development,
				  Division of Labor Services, 150 Des Moines Street, Des Moines, Iowa 50309, 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.
(Date) (Signature)
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.11 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
				shall be computed as provided in Iowa Code subsection
				4.1(34).
(2) For good cause, the presiding officer may
				extend or shorten the time to take any action, except as precluded by statute.
				Except for good cause stated in the record, before extending or shortening the
				time to take any action, the presiding officer shall afford all parties an
				opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.12 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				  case proceeding may waive any provision of this chapter However, the board in
				  its discretion may refuse to give effect to such a waiver when the board deems
				  the waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.13 - Telephone and Electronic Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may, on the officer's own motion or as
				  requested by a party, order hearings or argument to be held by telephone
				  conference or other electronic means in which all parties have an opportunity
				  to participate. The presiding officer will determine the location of the
				  parties and witnesses for telephone or other electronic hearings. The
				  convenience of the witnesses or parties, as well as the nature of the case,
				  will be considered when location is chosen. Parties shall disclose at or before
				  the prehearing conference if any witness will be testifying by telephone.
				  Objections, if any, shall be filed with the board and served on all parties at
				  least three business days in advance of hearing.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.14 - 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 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.15 - Consolidation and 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 party to those proceedings.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.16 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pursuant to
				Iowa Code chapter 17A, 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 with the opposing party the discovery issues involved. Motions in
				regard to discovery shall be ruled upon by the presiding officer Opposing
				parties shall be afforded the opportimity to respond within ten days of the
				filing of the motion unless the time is shortened by order of the presiding
				officer The presiding officer may rule on the basis of the written motion and
				any response, or may order argument on the motion.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.17 - Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				  17A.13,
				  subsection 1, the board or the presiding officer acting on behalf of the board
				  has the authority to issue subpoenas to compel the attendance of witnesses at
				  depositions or hearings and to compel the production of professional records,
				  books, papers, correspondence and other records which are deemed necessary as
				  evidence in connection with a contested case. A subpoena issued in a contested
				  case under the board's authority may seek evidence whether or not privileged or
				  confidential under law.
(1) Upon the
				written request of a party, the presiding officer shall issue a subpoena to
				compel the attendance of witnesses or to obtain evidence which is deemed
				necessary in connection with a contested case. A command to produce evidence
				may be joined with a command to appear at deposition or hearing or may be
				issued separately.
(2) A request
				for a subpoena shall include the following information, as applicable:
a. The name, address and telephone number of
				the person requesting the subpoena;
b. The name and address of the person to whom
				the subpoena shall be directed;
c.
				The date, time, and location at which the person shall be commanded to attend
				and give testimony;
d. Whether the
				testimony is requested in connection with a deposition or hearing;
e. A description of the books, papers,
				records or other evidence requested
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.18 - 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 board or the presiding officer The
				presiding officer may consider a failure to respond within the required time
				period in ruling on a motion.
(3)
				The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing, except
				motions for summary judgment, must be filed and served at least ten days prior
				to the date of hearing imless there is good cause for permitting later action
				or the time for such action is lengthened or shortened by rule of the board or
				an order of the presiding officer
(5) Motions for summary judgment shall comply
				with the requirements of Iowa Rule of Civil Procedure 1.981 and shall be
				subject to disposition according to the requirements of that rule to the extent
				such requirements are not inconsistent with the provisions of this rule or any
				other provision of law governing the procedure in contested cases. Motions for
				summary judgment must be filed and served at least 45 days prior to the
				scheduled hearing date, or other time period determined by the presiding
				officer Any party resisting the motion shall file and serve a resistance within
				15 days, unless otherwise ordered by the presiding officer, from the date a
				copy of the motion was served. The time fixed for hearing or nonoral submission
				shall be not less than 20 days after the filing of the motion, unless a shorter
				time is ordered by the presiding officer A summary judgment order rendered on
				all issues in a contested case is subject to rehearing pursuant to rule
				875-69.29
				(89A) and appeal pursuant to subrule 69.27(3).
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.19 - Settlements

Current through Register Vol. 47, No. 3, July 24, 2024
A contested case may be resolved by informal settlement, and
				  settlements are encouraged. Settlement negotiations may be initiated at any
				  stage of a contested case by any party. All settlements are subject to approval
				  by a majority of the board. No settlement shall be presented to the board for
				  approval except in final, written form executed by the parties. If the board
				  fails to approve the settlement, the settlement shall be of no force or effect
				  to either party.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.20 - 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.
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 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.21 - 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 imless 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 presiding officer may waive notice of such
				  requests for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.22 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				  that request prior to the hearing. Unless otherwise provided, a withdrawal
				  shall be with prejudice.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.23 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				presiding officer shall have the authority to administer oaths, to admit or
				exclude testimony or other evidence, and to rule on all motions and
				objections.
(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. Any party may be represented by an attorney at the party's own
				expense.
(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.
				The 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, the parties may be given the opportunity to present final
				arguments.
f.The presiding officer
				may enter a default judgment against a party who fails to appear at the
				hearing.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.24 - 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 contested issues as identified in the
				notice of hearing.
(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 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.26 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon
				written request of a party or on its own motion, the board may review an
				interlocutory order of the administrative law judge. In determining whether to
				do so, the board shall weigh the extent to which its granting the interlocutory
				appeal would expedite final resolution of the case and the extent to which
				review of the interlocutory order at the time of the issuance of a final
				decision would provide an adequate remedy.
(2) Any request for interlocutory review
				under this rule must be filed within 14 days of issuance of the challenged
				order, but no later than the date for compliance with the order or the date of
				hearing, whichever is earlier
(3)
				This rule does not apply to the ruling of an administrative law judge after
				hearing on a motion to quash or modify a subpoena. The procedures for
				challenging such a ruling are set forth in subrule 69.17(7).
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.28 - Contested Cases With No Factual Disputes

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 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.29 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
				file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
				specific grounds for rehearing, and the relief sought.
(3)
Time of filing.
The
				application shall be filed with the board within 20 days after issuance of the
				final decision.
(4)
Notice
				to other parties.
A copy of the application shall be timely mailed by
				the applicant to all parties of record not joining therein.
(5)
Disposition.
The board
				may meet telephonically to consider an application for rehearing. Any
				application for a rehearing shall be deemed denied unless the board grants the
				application within 20 days after its filing.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.30 - Stays of Board Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
				to a contested case proceeding may petition the board for a stay of an order
				issued in that proceeding or for other temporary remedies, pending review by
				the board. The petition shall be filed with the notice of appeal and shall
				state the reasons justifying a stay or other temporary remedy. The board may
				rule on the stay or authorize the administrative law judge to do so.
b. Any party to a contested case proceeding
				may petition the board 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 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.31 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the board's decision may be sought in
				  accordance with the terms of Iowa Code chapter 17A.
(1) Consistent with Iowa Code section I7A.
				19(3), if a party does not file a timely application for rehearing, a judicial
				review petition must be filed with the district court within 30 days after the
				issuance of the board's final decision. The board's final decision is deemed
				issued on the date it is mailed or the date of delivery if service is by other
				means, unless another date is specified in the order
(2) If a party does file a timely application
				for rehearing, a judicial review petition must be filed with the district court
				within 30 days after the application for rehearing is denied or deemed denied.
				An application for rehearing is denied or deemed denied as provided in subrule
				69.29(5).
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 70 - Public Records and Fair Information Practices of the Elevator Safety Board › Rule 875-70.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Confidential record"
in these rules means a
				  record which is not available as a matter of right for examination and copying
				  by members of the public under applicable provisions of law. Confidential
				  records include records or information contained in records that the board is
				  prohibited by law from making available for examination by members of the
				  public, and records or information contained in records that are specified as
				  confidential by Iowa Code section
				  22.7, or other
				  provision of law, but that may be disclosed upon order of a court, the lawful
				  custodian of the record, or by another person duly authorized to release the
				  record. Mere inclusion in a record of information declared confidential by an
				  applicable provision of law does not necessarily make that entire record a
				  confidential record.
"Custodian "
in these rules means the
				  elevator safety board.
"Personally identifiable information "
in
				  these rules means information about or pertaining to an individual in a record
				  which identifies the individual and which is contained in a record
				  system.
"Record"
in these rules means the whole or a
				  part of a "public record," as defined in Iowa Code section
				  22.1, that is owned
				  by or in the physical possession of the board.
"Record system "
in these rules means any
				  group of records under the control of the board from which a record may be
				  retrieved by a personal identifier such as the name of an individual, number,
				  symbol, or other unique retriever assigned to an individual.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 70 - Public Records and Fair Information Practices of the Elevator Safety Board › Rule 875-70.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				  access to open records and sound board determinations with respect to the
				  handling of confidential records and the implementation of the fair information
				  practices Act. The board is committed to the policies set forth in Iowa Code
				  chapter 22; the board shall cooperate with members of the public in
				  implementing the provisions of that chapter:
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 70 - Public Records and Fair Information Practices of the Elevator Safety Board › Rule 875-70.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				  22.7 or other
				  applicable provisions of law, the lawful custodian may disclose certain
				  confidential records to one or more members of the public. Other provisions of
				  law authorize or require the custodian to release specified confidential
				  records under certain circumstances or to particular persons. In requesting the
				  custodian to permit the examination and copying of such a confidential record,
				  the following procedures apply and are in addition to those specified for
				  requests for access to records in rule
				  875-70.3
				  (22,89A).
(1)
Proof of
				identity.
A person requesting access to a confidential record may be
				required to provide proof of identity or authority to secure access to the
				record.
(2)
Requests.
The custodian may require a request to examine and
				copy a confidential record to be in writing. A person requesting access to such
				a record may be required to sign a certified statement or affidavit enumerating
				the specific reasons justifying access to the confidential record and to
				provide any proof necessary to establish relevant facts.
(3)
Notice to subject of record and
				opportunity to obtain injunction.
After the custodian receives a
				request for access to a confidential record, and before the custodian releases
				such a record, the custodian may make reasonable efforts to notify promptly any
				person who is a subject of that record, is identified in that record, and whose
				address or telephone number is contained in that record. To the extent such a
				delay is practicable and in the public interest, the custodian may give the
				subject of such a confidential record to whom notification is transmitted a
				reasonable opportunity to seek an injunction under Iowa Code section
				22.8,
				and indicate to the subject of the record the specific period of time during
				which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
				custodian denies a request for access to a confidential record, the custodian
				shall promptly notify the requester If the requester indicates to the custodian
				that a written notification of the denial is desired, the custodian shall
				promptly provide such a notification that is signed by the custodian and that
				includes:
a. The name and title or position
				of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
				authority in the custodian to deny disclosure of the record and a brief
				statement of the reasons for the denial to this requester.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 70 - Public Records and Fair Information Practices of the Elevator Safety Board › Rule 875-70.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				  request with the custodian to review, and to have a written statement of
				  additions, dissents, or objections entered into, a record containing personally
				  identifiable information pertaining to that person. However, this does not
				  authorize a person who is a subject of such a record to alter the original copy
				  of that record or to expand the official record of any board proceeding.
				  Requester shall send the request to review such a record or the written
				  statement of additions, dissents, or objections to the board at the Department
				  of Workforce Development, Division of Labor Services, 1000 East Grand Avenue,
				  Des Moines, Iowa 50319. The request to review such a record or the written
				  statement of such a record of additions, dissents, or objections must be dated
				  and signed by requester, and shall include the current address and telephone
				  number of the requester or the requester's representative.