reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 15 - Miscellaneous Provisions › Rule 161-15.1 - Partial Invalidity

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of commission rules shall be held invalid, the
				remainder of the rules shall not be affected thereby. The invalidity of any of
				the rules with respect to a particular person or under particular circumstances
				shall not affect their application to other persons or different
				circumstances.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 15 - Miscellaneous Provisions › Rule 161-15.3 - Waiver of Requirements Imposed by Commission Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing of a request for waiver.
Any person may file a request
			 for waiver of an administrative rule of the civil rights commission by writing
			 a proper request which is received by Executive Director, Iowa Civil Rights
			 Commission, Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa
			 50319-1004. All requests for waiver of an administrative rule must be in
			 writing and meet all requirements set out in paragraph
			 15.3(2)
"a."
A request for a waiver is filed by any of the
			 methods listed in rule
			 161-3.5 (216). The date a
			 request for waiver is filed is governed by 161-subrule 3.5(4). The commission
			 shall provide the requester with a file-stamped copy of the request if the
			 requester provides an extra copy for this purpose.
(2)
Form of request.
a.
Required contents.
A
			 request for waiver of a rule must:
(1)
			 Prominently state on its face that it is a request for a waiver of an
			 administrative rule; and
(2) State
			 the name and address of the entity or person for whom a waiver is requested;
			 and
(3) Describe or give the
			 citation of the specific rule for which a waiver is requested; and
(4) State the specific waiver requested.
The commission shall not process a filing as a request for a
				waiver if that filing does not conform to the requirements of this
				paragraph.
Iowa Administrative Code › Agency 181 - Insurance and Financial Services Department › Chapter 1 - Organization and Operation › Rule 181-1.2 - Scope of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The rules for the department are promulgated under Iowa Code
				chapters 17A and 546 and shall apply to all matters before the department. No
				rule shall, in any way, relieve a person affected by or subject to these rules
				or any person affected by or subject to the rules promulgated by the various
				divisions of the department from any duty under the laws of this
				state.
Iowa Administrative Code › Agency 181 - Insurance and Financial Services Department › Chapter 1 - Organization and Operation › Rule 181-1.3 - Duties of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
The department administers and coordinates the various
				regulatory, service, and licensing functions of the state relating to the
				conducting of business or commerce in the state. The department consists of the
				following divisions: banking, credit union, and insurance.
(1)
Banking division.
The
			 banking division regulates and supervises state banks, regulated loan
			 companies, industrial loan companies, mortgage bankers, mortgage brokers, real
			 estate closing agents, debt management companies, money services companies, and
			 delayed deposit service businesses and performs other duties assigned to it by
			 law.
(2)
Credit union
			 division.
The credit union division regulates and supervises the
			 operation of credit unions within the state; the credit union review board
			 performs duties assigned to it by Iowa Code chapter 533.
(3)
Insurance division.
The
			 insurance division regulates and supervises the conduct of the business of
			 insurance within the state and enforces the laws promulgated under Title XIII
			 of the Iowa Code and Iowa Code chapters 502, 502A, 505, 505A through 523A,
			 523C, 523D, and 523I. The division performs other duties assigned to it by
			 law.
Iowa Administrative Code › Agency 181 - Insurance and Financial Services Department › Chapter 1 - Organization and Operation › Rule 181-1.4 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Administrator"
means the commissioner of
				insurance, the superintendent of banking, or the superintendent of credit
				unions.
"Commissioner of insurance"
means the same as
				defined in Iowa Code section
				505.2.
"Department"
means the department of insurance
				and financial services.
"Person"
means an individual, corporation,
				partnership, association, professional corporation, licensee or
				permittee.
"Superintendent of banking"
means the same as
				defined in Iowa Code section
				524.201.
"Superintendent of credit unions"
means the
				same as defined in Iowa Code section
				533.104.
Iowa Administrative Code › Agency 181 - Insurance and Financial Services Department › Chapter 1 - Organization and Operation › Rule 181-1.5 - Central Offices and Communications

Current through Register Vol. 47, No. 3, July 24, 2024
Correspondence and communications with the department shall be
				addressed or directed to the department's director. The department director is
				the commissioner of insurance. The department's website is
				iowa.gov/difs.
Iowa Administrative Code › Agency 181 - Insurance and Financial Services Department › Chapter 1 - Organization and Operation › Rule 181-1.6 - Custodians of Records, Filings and Requests for Public Information

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise specified by the department or the rules of
				its various divisions, each division is the principal custodian of its own
				divisional orders, statements of law or policy issued by the respective
				divisions, legal documents and other public documents on file with the
				department or its respective divisions. This is true in particular for the Iowa
				fair information practices Act. The responsibility for complying with that Act
				shall be upon the individual divisions. Each division shall promulgate rules
				pursuant to Iowa Code chapter 17A governing the manner in which documents may
				be filed with the respective divisions.
Iowa Administrative Code › Agency 181 - Insurance and Financial Services Department › Chapter 1 - Organization and Operation › Rule 181-1.7 - Division Administrator's Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Rulemaking.
Each
			 division administrator has the authority to promulgate rules pursuant to Iowa
			 Code chapter 17A to implement the duties of the division. Such rules are not
			 subject to review by the department director. All applicable rules previously
			 promulgated by the divisions shall remain in effect until amended by the
			 divisions.
(2)
Decision
			 making.
Decisions of the division administrator with respect to duties
			 assigned to the division under the law are final agency actions pursuant to
			 Iowa Code chapter 17A. Decisions by either the commissions or division
			 administrators are not subject to review by the department director.
(3)
Supervision.
Each
			 division administrator has the authority to hire, allocate, develop, and direct
			 employees and other resources assigned to the division by law.
(4)
Establish fees.
Each
			 division administrator has the authority to establish fees assessed to the
			 regulated industry. The fees so established are not reviewable by the
			 department director.
(5)
Expenditure authorization.
Each division administrator may
			 authorize expenditures from accounts for that division or office within the
			 department of commerce revolving fund established in Iowa Code section
			 546.12, or otherwise use funds
			 as permitted by Iowa Code section
			 546.12.
Iowa Administrative Code › Agency 181 - Insurance and Financial Services Department › Chapter 1 - Organization and Operation › Rule 181-1.8 - Petitions for Rulemaking-uniform Rules Adopted

Current through Register Vol. 47, No. 3, July 24, 2024
The department hereby adopts the Uniform Rules on Agency
				Procedure relating to petitions for rulemaking, which are published on the
				general assembly's website at
www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf
,
				as rules 181-1.9 (17A) to
				181-1.12 (17A) below, with
				amendments and exceptions specified therein.
Iowa Administrative Code › Agency 181 - Insurance and Financial Services Department › Chapter 1 - Organization and Operation › Rule 181-1.9 - Petition for Rulemaking

Current through Register Vol. 47, No. 3, July 24, 2024
Rule X.1 is adopted by reference with the following amendments:
				Any person or agency may file a petition for rulemaking with the respective
				division at the address disclosed on the department's website. A petition is
				deemed filed when it is received. The respective division must provide the
				petitioner with a file-stamped copy of the petition if the petitioner provides
				the respective division an extra copy for this purpose. The petition must be
				typewritten or legibly handwritten in ink and must substantially conform to the
				following form:
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 1 - Organization and Operation › Rule 185-1.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter describes the organization and operation of the
				alcoholic beverages division, including the offices where and the means by
				which any interested person may obtain information and make submittals or
				requests.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 1 - Organization and Operation › Rule 185-1.2 - Scope and Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Promulgated under Iowa Code chapters 17A and 123, these rules
				shall apply to all matters before the alcoholic beverages division. No rule
				shall in any way relieve a certificate of compliance holder, manufacturer,
				native distiller, vintner, brewer, wholesaler, alcohol carrier, wine direct
				shipper, retail alcohol licensee or wine permittee or beer permittee, or an
				agent or employee thereof from any duty under the laws of this state.
This rule is intended to implement Iowa Code section
				123.4.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 1 - Organization and Operation › Rule 185-1.3 - Duties of the Division

Current through Register Vol. 47, No. 3, July 24, 2024
The alcoholic beverages division administers the laws of this
				state concerning alcoholic liquor, wine, and beer The division is vested with
				the sole and exclusive control within the state of Iowa both as purchaser and
				vendor of all alcoholic liquor sold by distilleries within the state or
				imported therein, except wine and beer, except as otherwise provided by
				law.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 1 - Organization and Operation › Rule 185-1.4 - Organization

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Commission.
The alcoholic beverages division consists of five
			 commission members appointed by the governor and confirmed by the senate. The
			 commission acts as a policy-making body and serves in an advisory capacity to
			 the administrator A quorum shall consist of at least three commission
			 members.
(2)
Administrator.
Subject to senate confirmation, the governor
			 appoints an administrator who conducts the daily operations of the division as
			 prescribed by Iowa Code chapter 123.
This rule is intended to implement Iowa Code sections 123.5,
				123.6, 123.9, and 123.10.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 1 - Organization and Operation › Rule 185-1.5 - Central Offices

Current through Register Vol. 47, No. 3, July 24, 2024
The central office is located at 1918 S.E. Hulsizer Road,
				Ankeny, Iowa 50021; telephone (515)The central office is responsible for the
				operational support of the division and is the principal custodian of all
				divisional orders, statements of law or policy issued by the division, and
				other public documents on file with the division.
This rule is intended to implement Iowa Code section
				123.4.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 1 - Organization and Operation › Rule 185-1.6 - Matters Applicable to All Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Communications.
All
			 communications to the division shall be addressed to the Alcoholic Beverages
			 Division, 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021, unless otherwise
			 directed. Bids, complaints, pleadings, or other papers required to be filed
			 with the division shall be filed in the office of the administrator within the
			 time limit, if any, for such filing. Unless otherwise provided, all
			 communications and documents are officially filed upon receipt at the office of
			 the division.
(2)
Office
			 hours.
Office hours are 8 a.m. to 4:30 p.m., Monday through Friday.
			 Offices are closed on Saturdays, Sundays, and official state holidays
			 designated in accordance with state laws.
(3)
Public information.
Any
			 interested person may examine all public records of the division including the
			 decisions, orders, rules, opinions, and other statements of law or policy
			 issued by the division in the discharge of its function. These documents may be
			 examined in the offices of the division during regular business hours or on the
			 Web site of the division located at
www.IowaABD.com
. Unless otherwise provided by
			 law, all information contained therein shall be made available for public
			 inspection.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise provided by statute, all rules
				adopted by the agency are subject to the provisions of Iowa Code chapter 17A,
				the Iowa administrative procedure Act, and the provisions of this
				chapter
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the agency
				may, before publication of a Notice of Intended Action under Iowa Code section
				I7A.4(1)
"a, "
solicit comments from the public on a subject
				matter of possible rule making by the agency by causing notice to be published
				in the Iowa Administrative Bulletin of the subject matter and indicating where,
				when, and how persons may comment.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The
			 agency shall maintain a current public rule-making docket.
(2)
Anticipated rule making.
The rule-making docket shall list each anticipated rule-making proceeding. A
			 rule-making proceeding is deemed "anticipated" from the time a draft of
			 proposed rules is distributed for internal discussion within the agency. For
			 each anticipated rule-making proceeding the docket shall contain a listing of
			 the precise subject matter which may be submitted for consideration by the
			 administrator for subsequent proposal under the provisions of Iowa Code section
			 17A.4(1)
"a, "
the name and address
			 of agency personnel with whom persons may communicate with respect to the
			 matter, and an indication of the present status within the agency of that
			 possible rule. The agency may also include in the docket other subjects upon
			 which public comment is desired.
(3)
Pending rule-making
			 proceedings.
The rule-making docket shall list each pending
			 rule-making proceeding. A rule-making proceeding is pending from the time it is
			 commenced, by publication in the Iowa Administrative Bulletin of a Notice of
			 Intended Action pursuant to Iowa Code section I7A.4(1)
"a, "
to
			 the time it is terminated, by publication of a Notice of Termination in the
			 Iowa Administrative Bulletin or the rule becoming effective. For each
			 rule-making proceeding, the docket shall indicate:
a. The subject matter of the proposed
			 rule;
b. A citation to all
			 published notices relating to the proceeding;
c. Where written submissions on the proposed
			 rule may be inspected;
d. The time
			 during which written submissions may be made;
e. The names of persons who have made written
			 requests for an opportunity to make oral presentations on the proposed rule,
			 where those requests may be inspected, and where and when oral presentations
			 may be made;
f. Whether a written
			 request for the issuance of a regulatory analysis, or a concise statement of
			 reasons, has been filed, whether such an analysis or statement or a fiscal
			 impact statement has been issued, and where any such written request, analysis,
			 or statement may be inspected;
g.
			 The current status of the proposed rule and any agency determinations with
			 respect thereto;
h. Any known
			 timetable for agency decisions or other action in the proceeding;
i. The date of the rule's adoption;
j. The date of the rule's filing, indexing,
			 and publication;
k. The date on
			 which the rule will become effective; and
l. Where the rule-making record may be
			 inspected.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35
			 days before the adoption of a rule the agency shall cause Notice of Intended
			 Action to be published in the Iowa Administrative Bulletin. The Notice of
			 Intended Action shall include:
a. A brief
			 explanation of the purpose of the proposed rule;
b. The specific legal authority for the
			 proposed rule;
c. Except to the
			 extent impracticable, the text of the proposed rule;
d. Where, when, and how persons may present
			 their views on the proposed rule; and
e. Where, when, and how persons may demand an
			 oral proceeding on the proposed rule if the notice does not already provide for
			 one.
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the agency shall include in the
				notice a statement fully describing the specific subject matter of the omitted
				portion of the text of the proposed rule, the specific issues to be addressed
				by that omitted text of the proposed rule, and the range of possible choices
				being considered by the agency for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of
			 the Notice of Intended Action, persons may submit argument, data, and views, in
			 writing, on the proposed rule. Such written submissions should identify the
			 proposed rule to which they relate and should be submitted to Administrator,
			 Alcoholic Beverages Division, 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021, or
			 the person designated in the Notice of Intended Action.
(2)
Oral proceedings.
The
			 agency may, at any time, schedule an oral proceeding on a proposed rule. The
			 agency shall schedule an oral proceeding on a proposed rule if, within 20 days
			 after the published Notice of Intended Action, a written request for an
			 opportunity to make oral presentations is submitted to the agency by the
			 administrative rules review committee, a governmental subdivision, an agency,
			 an association having not less than 25 members, or at least 25 persons. That
			 request shall also contain the following additional information:
a. A request by one or more individual
			 persons shall be signed by each of them and include the address and telephone
			 number of each of them.
b. A
			 request by an association shall be signed by an officer or designee of the
			 association and shall contain a statement that the association has at least 25
			 members and the address and telephone number of the person signing that
			 request.
c. A request by an agency
			 or governmental subdivision shall be signed by an official having authority to
			 act on behalf of the entity and shall contain the address and telephone number
			 of the person signing that request.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business. A
"small business" is defined in
			 Iowa Code section
			 17A.4A(8)
"a."
(2)
Mailing list.
Small
			 businesses or organizations of small businesses may be registered on the
			 agency's small business impact list by making a written application addressed
			 to Alcoholic Beverages Division, 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021.
			 The application for registration shall state:
a. The name of the small business or
			 organization of small businesses;
b. Its address;
c. The name of a person authorized to
			 transact business for the applicant;
d. d A description of the applicant's
			 business or organization. An organization representing 25 or more persons who
			 qualify as a small business shall indicate that fact.
e. Whether the registrant desires copies of
			 Notices of Intended Action at cost, or desires advance notice of the subject of
			 all or some specific category of proposed rule making affecting small business.
The agency may at any time request additional information from
				the applicant to determine whether the applicant is qualified as a small
				business or as an organization of 25 or more small businesses. The agency may
				periodically send a letter to each registered small business or organization of
				small businesses asking whether that business or organization wishes to remain
				on the registration list. The name of a small business or organization of small
				businesses will be removed from the list if a negative response is received, or
				if no response is received within 30 days after the letter is
				sent.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fiscal impact statement.
A proposed rule that mandates
			 additional combined expenditures exceeding $100,000 by all affected political
			 subdivisions or agencies and entities which contract with political
			 subdivisions to provide services shall be accompanied by a fiscal impact
			 statement outlining the costs associated with the rule. A fiscal impact
			 statement shall satisfy the requirements of Iowa Code section
			 25B.6.
(2)
Corrected fiscal impact
			 statement.
If the agency determines at the time it adopts a rule that
			 the fiscal impact statement upon which the rule is based contains errors, the
			 agency shall, at the same time, issue a corrected fiscal impact statement and
			 publish the corrected fiscal impact statement in the Iowa Administrative
			 Bulletin.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 agency shall not adopt a rule until the period for making written submissions
			 and oral presentations has expired. Within 180 days after the later of the
			 publication of the Notice of Intended Action, or the end of oral proceedings
			 thereon, the agency shall adopt a rule pursuant to the rule-making proceeding
			 or terminate the proceeding by publication of a notice to that effect in the
			 Iowa Administrative Bulletin.
(2)
Consideration of public comment.
Before the adoption of a
			 rule, the agency shall consider fully all of the written submissions and oral
			 submissions received in that rule-making proceeding or any memorandum
			 summarizing such oral submissions, and any regulatory analysis or fiscal impact
			 statement issued in that rule-making proceeding.
(3)
Reliance on agency
			 expertise.
Except as otherwise provided by law, the agency may use its
			 own experience, technical competence, specialized knowledge, and judgment in
			 the adoption of a rule.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Rule
			 different from proposed Notice of Intended Action.
The agency shall
			 not adopt a rule that differs from the rule proposed in the Notice of Intended
			 Action on which the rule is based unless:
a.
			 The differences are within the scope of the subject matter announced in the
			 Notice of Intended Action and are in character with the issues raised in that
			 notice; and
b. The differences are
			 a logical outgrowth of the contents of that Notice of Intended Action and the
			 comments submitted in response thereto; and
c. The Notice of Intended Action provided
			 fair warning that the outcome of that rule-making proceeding could be the rule
			 in question.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the agency for good cause finds that public
			 notice and participation are unnecessary, impracticable, or contrary to the
			 public interest in the process of adopting a particular rule, the agency may
			 adopt that rule without publishing advance Notice of Intended Action in the
			 Iowa Administrative Bulletin and without providing for written or oral public
			 submissions prior to its adoption. The agency shall incorporate the required
			 finding and a brief statement of its supporting reasons in each rule adopted in
			 reliance upon this subrule.
(2)
Public proceedings on rules adopted without them.
The agency
			 may, at any time, commence a standard rule-making proceeding for the adoption
			 of a rule that is identical or similar to a rule it adopts in reliance upon
			 subrule 2.10(1). Upon written petition by a governmental subdivision, the
			 administrative rules review committee, an agency, the administrative rules
			 coordinator, an association having not less than 25 members, or at least 25
			 persons, the agency shall commence a standard rule-making proceeding for any
			 rule specified in the petition that was adopted in reliance upon subrule
			 2.10(1). Such a petition shall be filed within one year of the publication of
			 the specified rule in the Iowa Administrative Bulletin as an adopted rule. The
			 rule-making proceeding on that rule shall be commenced within 60 days of the
			 receipt of such a petition. After a standard rule-making proceeding commenced
			 pursuant to this subrule, the agency may either readopt the rule it adopted
			 without benefit of all usual procedures on the basis of subrule 2.10(1), or may
			 take any other lawful action, including the amendment or repeal of the rule in
			 question, with whatever further proceedings are appropriate.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested
			 by a person, either prior to the adoption of a rule or within 30 days after its
			 publication in the Iowa Administrative Bulletin as an adopted rule, the agency
			 shall issue a concise statement of reasons for the rule. Requests for such a
			 statement shall be in writing and be delivered to the Alcoholic Beverages
			 Division, 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021. The request should
			 indicate whether the statement is sought for all or only a specified part of
			 the rule. Requests will be considered made on the date received.
(2)
Contents.
The concise
			 statement of reasons shall contain:
a. The
			 reasons for adopting the rule;
b.
			 An indication of any change between the text of the proposed rule contained in
			 the published Notice of Intended Action and the text of the rule as finally
			 adopted, with the reasons for any such change;
c. The principal reasons urged in the
			 rule-making proceeding for and against the rule, and the agency's reasons for
			 overruling the arguments made against the rule.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule adopted by the agency shall contain the
			 text of the rule and, in addition:
a. The date
			 the agency adopted the rule;
b. A
			 brief explanation of the principal reasons for the rule-making action if such
			 reasons are required by Iowa Code section
			 17A.4A(1)
"b"
or the agency in its
			 discretion decides to include such reasons;
c. A reference to all rules repealed,
			 amended, or suspended by the rule;
d. A reference to the specific statutory or
			 other authority authorizing adoption of the rule;
e. Any findings required by any provision of
			 law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
			 reasons for the failure to provide for waivers to the rule if no waiver
			 provision is included and a brief explanation of any waiver or special
			 exceptions provided in the rule if such reasons are required by Iowa Code
			 section
			 17A.4(2)
			  or the agency in its discretion decides to
			 include such reasons; and
g. The
			 effective date of the rule.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.13 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The agency
			 shall maintain an official rule-making record for each rule it proposes by
			 publication in the Iowa Administrative Bulletin of a Notice of Intended Action,
			 or adopts. The rule-making record and materials incorporated by reference shall
			 be available for public inspection.
(2)
Contents.
The agency
			 rule-making record shall contain:
a. Copies
			 of all publications in the Iowa Administrative Bulletin with respect to the
			 rule or the proceeding upon which the rule is based and any file-stamped copies
			 of agency submissions to the administrative rules coordinator concerning that
			 rule or the proceeding upon which it is based;
b. Copies of any portions of the agency's
			 public rule-making docket containing entries relating to the rule or the
			 proceeding upon which the rule is based;
c. All written petitions, requests, and
			 submissions received by the agency, and all other written materials of a
			 factual nature as distinguished from opinion that are relevant to the merits of
			 the rule and that were created or compiled by the agency and considered by the
			 administrator, in connection with the formulation, proposal, or adoption of the
			 rule or the proceeding upon which the rule is based, except to the extent the
			 agency is authorized by law to keep them confidential; provided, however, that
			 when any such materials are deleted because they are authorized by law to be
			 kept confidential, the agency shall identify in the record the particular
			 materials deleted and state the reasons for that deletion;
d. Any official transcript of oral
			 presentations made in the proceeding upon which the rule is based or, if not
			 transcribed, the stenographic record or electronic recording of those
			 presentations, and any memorandum prepared by a presiding officer summarizing
			 the contents of those presentations;
e. A copy of any regulatory analysis or
			 fiscal impact statement prepared for the proceeding upon which the rule is
			 based;
f. A copy of the rule and
			 any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
			 suspension of the rule;
h. A copy
			 of any objection to the issuance of that rule without public notice and
			 participation that was filed pursuant to Iowa Code section I7A.4(4) by the
			 administrative rules review committee, the governor, or the attorney
			 general;
i. A copy of any objection
			 to the rule filed by the administrative rules review committee, the governor,
			 or the attorney general pursuant to Iowa Code section
			 I7A.4(6)
"a,"
and any agency response to that
			 objection;
j. A copy of any
			 significant written criticism of the rule, including a summary of any petitions
			 for waiver of the rule; and
k. A
			 copy of any executive order concerning the rule.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall file each rule it adopts in the office of the
				administrative rules coordinator The filing shall be executed as soon after
				adoption of the rule as is practicable. At the time of filing, each rule shall
				have attached to it any fiscal impact statement and any concise statement of
				reasons that was issued with respect to that rule. If a fiscal impact statement
				or statement of reasons for that rule was not issued until a time subsequent to
				the filing of that rule, the note or statement shall be attached to the filed
				rule within five working days after the note or statement is issued. In filing
				a rule, the agency shall use the standard form prescribed by the administrative
				rules coordinator
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The agency may
			 make a rule effective after its filing at any stated time prior to 35 days
			 after its indexing and publication in the Iowa Administrative Bulletin if it
			 finds that a statute so provides, the rule confers a benefit or removes a
			 restriction on some segment of the public, or that the effective date of the
			 rule is necessary to avoid imminent peril to the public health, safety, or
			 welfare. The agency shall incorporate the required finding and a brief
			 statement of its supporting reasons in each rule adopted in reliance upon this
			 subrule.
(2)
Special
			 notice.
When the agency makes a rule effective prior to its indexing
			 and publication in reliance upon the provisions of Iowa Code section
			 17A.5(2)
"b"
(3), the agency shall
			 employ all reasonable efforts to make its contents known to the persons who may
			 be affected by that rule prior to the rule's indexing and publication. The term
			 "all reasonable efforts" requires the agency to employ the most effective and
			 prompt means of notice rationally calculated to inform potentially affected
			 parties of the effectiveness of the rule that is justified and practical under
			 the circumstances considering the various alternatives available for this
			 purpose, the comparative costs to the agency of utilizing each of those
			 alternatives, and the harm suffered by affected persons from any lack of notice
			 concerning the contents of the rule prior to its indexing and publication. The
			 means that may be used for providing notice of such rules prior to their
			 indexing and publication include, but are not limited to, any one or more of
			 the following means: radio, newspaper, television, signs, mail, telephone,
			 personal notice or electronic means.
A rule made effective prior to its indexing and publication in
				reliance upon the provisions of Iowa Code section 17A.5(2)
"b"
(3) shall include in that rule a statement describing the
				reasonable efforts that will be used to comply with the requirements of subrule
				2.15(2).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public
			 inspection.
The agency shall maintain an official, current, and dated
			 compilation that is indexed by subject, containing all of its general
			 statements of policy within the scope of Iowa Code section
			 17A.2(11)
"a," "c," "f," "g," "h,"
			 "k."
Each addition to, change in, or deletion from the official
			 compilation shall also be dated, indexed, and a record thereof kept. Except for
			 those portions containing rules governed by Iowa Code section
			 17A.2(11)
"f,"
or otherwise
			 authorized by law to be kept confidential, the compilation shall be made
			 available for public inspection and copying.
(2)
Enforcement of requirements.
			 A
general statement of policy subject to the requirements of this
			 subsection shall not be relied on by the agency to the detriment of any person
			 who does not have actual, timely knowledge of the contents of the statement
			 imtil the requirements of subrule 2.16(1) are satisfied. This provision is
			 inapplicable to the extent necessary to avoid imminent peril to the public
			 health, safety, or welfare.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 2 - Agency Procedure for Rule Making › Rule 185-2.17 - Review by Agency of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written request for review.
Any interested person,
			 association, agency, or political subdivision may submit a written request to
			 the administrative rules coordinator requesting the agency to conduct a formal
			 review of a specified rule. Upon approval of that request by the administrative
			 rules coordinator, the agency shall conduct a formal review of a specified rule
			 to determine whether a new rule should be adopted instead or the rule should be
			 amended or repealed. The agency may refuse to conduct a review if it has
			 conducted such a review of the specified rule within five years prior to the
			 filing of the written request.
(2)
Formal review process.
In conducting the formal review, the
			 agency shall prepare within a reasonable time a written report summarizing its
			 findings, its supporting reasons, and any proposed course of action. The report
			 shall include a concise statement of the agency's findings regarding the rule's
			 effectiveness in achieving its objectives, including a summary of any available
			 supporting data. The report shall also concisely describe significant written
			 criticisms of the rule received during the previous five years, including a
			 summary of any petitions for waiver of the rule received by the agency or
			 granted by the agency. The report shall describe alternative solutions to
			 resolve the criticisms of the rule, the reasons any were rejected, and any
			 changes made in the rule in response to the criticisms as well as the reasons
			 for the changes. A copy of the agency's report shall be sent to the
			 administrative rules review committee and the administrative rules coordinator
			 The report shall also be available for public inspection.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the alcoholic beverages
				division for a declaratory order as to the applicability to specified
				circumstances of a statute, rule, or order within the primary jurisdiction of
				the division, at 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021. A petition is
				deemed filed when it is received by the division. The division shall provide
				the petitioner with a file-stamped copy of the petition if the petitioner
				provides the agency an extra copy for this purpose. The petition shall be
				typewritten or legibly handwritten in ink and shall substantially conform to
				the following form:
ALCOHOLIC BEVERAGES DIVISION
Petition by (Name of Petitioner) PETITION FOR
for a Declaratory Order on DECLARATORY
(Cite provisions of law involved). ORDER
The petition shall provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by rule
			 185-3.7 ( 17A).
The petition shall be dated and signed by the petitioner or the
				petitioner's representative. It shall also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the alcoholic beverages division shall give notice of the petition to
				all persons not served by the petitioner pursuant to rule 3.6(17A) to whom
				notice is required by any provision of law. The division may also give notice
				to any other persons.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Qualified persons.
Persons who qualify under any applicable
			 provision of law as an intervenor and who file a petition for intervention
			 within 15 days of the filing of a petition for declaratory order (after time
			 for notice under rule 3.2(17A) and before 30-day time for agency action under
			 3.8(17A)) shall be allowed to intervene in a proceeding for a declaratory
			 order.
(2)
Agency
			 discretion.
Any person who files a petition for intervention at any
			 time prior to the issuance of an order may be allowed to intervene in a
			 proceeding for a declaratory order at the discretion of the division.
(3)
Filing of petition. A
petition for intervention shall be filed at 1918 S.E. Hulsizer Road, Ankeny,
			 Iowa 50021. Such a petition is deemed filed when it is received by that office.
			 The division will provide the petitioner with a file-stamped copy of the
			 petition for intervention if the petitioner provides an extra copy for this
			 purpose. A petition for intervention shall be typewritten or legibly
			 handwritten in ink and shall substantially conform to the following form:
ALCOHOLIC BEVERAGES DIVISION
Petition by (Name of Original Petitioner) PETITION FOR
for a Declaratory Order on (Cite INTERVENTION
provisions ot law cited in original petition).
The petition for intervention shall provide the following
				information:
1. Facts supporting the
			 intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervenor's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervenor's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition shall be dated and signed by the intervenor or the
				intervenor's representative. It shall also include the name, mailing address,
				and telephone number of the intervenor and intervenor's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The division may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the Administrator, Alcoholic Beverages Division, 1918
				S.E. Hulsizer Road, Ankeny, Iowa 50021.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.6 - 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 their 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 Alcoholic Beverages
			 Division, 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021. All petitions, briefs,
			 or other papers that are required to be served upon a party shall be filed
			 simultaneously with the division.
(3)
Method of service, time offihng,
			 and proof ofmaiUng.
Methodof service, time of filing, and proof of
			 mailing shall be as provided by contested case rule
			 185-10.13
			 (17A).