reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.15 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(4) Delete the
			 words "(or other time period designated by the agency)".
(5) In lieu of the words "(45 days)" insert
			 "45 days". In lieu of the words "(15 days)" insert "15 days". In lieu of the
			 words "(20 days)" insert "20 days".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.16 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Delete
			 the words "(or other time period designated by the agency)". In lieu of the
			 words "(designate office)" insert "presiding officer".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.23 - Ex Parte Cornmunication

Current through Register Vol. 47, No. 3, July 24, 2024
(8)
			 In lieu of the words "(or disclosed)" insert "or disclosed".
(10) In lieu of the words "(agency to
			 designate person to whom violations should be reported)" insert "the secretary
			 or the secretary's designee".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(board, Cornmission, director)" insert
				"secretary or the secretary's designee". In lieu of the words "(of the
				presiding officer)" insert "of the presiding officer". Delete the words "(or
				other time period designated by the agency)".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of
			 the words "(the agency) (or a quorum of the agency)" insert "the
			 department".
(2) In lieu of the
			 words "(agency name)" insert "department".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of
			 the words "(board, Cornmission, director)" insert "secretary or the secretary's
			 designee". Delete the words "(or other time period designated by the
			 agency)".
(2) In lieu of the words
			 "(board, Cornmission, director)" insert "secretary or the secretary's
			 designee". Delete the words "(or other time period designated by the
			 agency)".
(3) In lieu of the words
			 "(agency name)" insert "department".
(4) Delete the words "(or other time period
			 designated by the agency)". In lieu of the words "(board, Cornmission,
			 director)" insert "secretary or the secretary's designee".
(5) In lieu of the words "(agency name)"
			 insert "department".
(6) Delete the
			 words "(or other time period designated by the agency)". In lieu of the words
			 "(board, Cornmission, director)" insert "secretary or the secretary's
			 designee".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(3) In lieu
			 of the words "(agency name)" insert "department".
(4) In lieu of the words "(agency name)"
			 insert "department".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.29 - Stays of Agency Action

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
			 lieu of the words "(agency name)" insert "department". In lieu of the words
			 "(board, Cornmission, director)" insert "secretary or the secretary's
			 designee".
(2) In lieu of the words
			 "(board, Cornmission, director, as appropriate)" insert "secretary or the
			 secretary's designee".
(3) In lieu
			 of the words "(agency name)" insert "department".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 3 - Petitions for Rule Making › Rule 21-3.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "agency, at (designate office)" insert
				"Secretary of Agriculture at the Iowa Department of Agriculture and Land
				Stewardship, Wallace State Office Building, Des Moines, Iowa 50319". In lieu of
				the words "(AGENCY NAME)", the heading on the petition should read:
BEFORE THE
SECRETARY OF AGRICULTURE
DEPARTMENT OF AGRICULTURE AND LAND
				STEWARDSHIP
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 3 - Petitions for Rule Making › Rule 21-3.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Substitute the following information for the parenthetical
				statement at the end: "the Secretary of Agriculture, Iowa Department of
				Agriculture and Land Stewardship, Wallace State Office Building, Des Moines,
				Iowa 50319".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 3 - Petitions for Rule Making › Rule 21-3.5 - Petitions for Related Entities

Current through Register Vol. 47, No. 3, July 24, 2024
If, pursuant to this chapter, the secretary receives a petition
				for rule making which is not within the rule-making power of the secretary but
				which is within the rule-making power of an autonomous or semiautonomous entity
				within the umbrella of the department of agriculture and land stewardship, the
				petition will be forwarded to the appropriate entity.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 4 - Declaratory Orders › Rule 21-4.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate agency)" the first time the
				words are used, insert "department of agriculture and land stewardship
				(hereinafter referred to as "the department")". In lieu of the words
				"(designate agency)" the subsequent times the words are used, insert
				"department". In lieu of the words "(designate office)" insert "Wallace State
				Office Building, East Ninth and Grand, Des Moines, Iowa 50319." In lieu of the
				words "(AGENCY NAME)" insert "DEPARTMENT OF AGRICULTURE AND LAND
				STEWARDSHIP".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 4 - Declaratory Orders › Rule 21-4.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "________days (15 or less)" insert "15
				days".
In lieu of the words "(designate agency)" insert
				"department".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 4 - Declaratory Orders › Rule 21-4.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of the
			 words "________days" insert "20 days".
(2) In lieu of the words "(designate agency)"
			 insert "the department ".
(3) In
			 lieu of the words "(designate office)" insert "the secretary of agriculture's
			 office". In lieu of the words "(designate agency)" insert "the department". In
			 lieu of the words "(AGENCY NAME)" insert "DEPARTMENT OF AGRICULTURE AND LAND
			 STEWARDSHIP". Delete paragraph "6" and insert in lieu thereof "6. A statement
			 that the intervenor consents to be bound by the determination of the matters
			 presented in the declaratory order proceeding."
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 4 - Declaratory Orders › Rule 21-4.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				address)" insert "the Secretary of Agriculture, Department of Agriculture and
				Land Stewardship, Wallace State Office Building, East Ninth and Grand, Des
				Moines, Iowa 50319".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 4 - Declaratory Orders › Rule 21-4.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(2) In lieu of the words "(specify office and
			 address)" insert "the Secretary of Agriculture, Department of Agriculture and
			 Land Stewardship, Wallace State Office Building, East Ninth and Grand, Des
			 Moines, Iowa 50319". In lieu of the words "(agency name)" insert
			 "department".
(3) In lieu of the
			 words "(uniform rule on contested cases X.12(17A))" insert "rule
			 2.12(17A,159)"
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 4 - Declaratory Orders › Rule 21-4.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu
			 of the words "(designate agency head)" insert "the secretary of
			 agriculture".
(2) In lieu of the
			 words "(contested case uniform rule X.2(17A))" insert "rule
			 21-2.2 (17A,159)
			 ".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 5 - Agency Procedure for Rule Making › Rule 21-5.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Written comments. In lieu of the words "(identify office and address)" insert
			 "the Secretary of Agriculture, Department of Agriculture and Land Stewardship,
			 Wallace State Office Building, Des Moines, Iowa 50319".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 5 - Agency Procedure for Rule Making › Rule 21-5.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(3) Mailing
			 list. In lieu of the words "(designate office)" insert "the Secretary of
			 Agriculture, Department of Agriculture and Land Stewardship, Wallace State
			 Office Building, Des Moines, Iowa 50319".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 5 - Agency Procedure for Rule Making › Rule 21-5.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu
			 of the words "(specify the office and address)" insert "the Secretary of
			 Agriculture, Department of Agriculture and Land Stewardship, Wallace State
			 Office Building, East Ninth and Grand, Des Moines, Iowa 50319".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 5 - Agency Procedure for Rule Making › Rule 21-5.13 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
			 Contents. Amend paragraph "c" by inserting in lieu of "(agency head)" the words
			 "the secretary of agriculture".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 6 - Public Records and Fair Information Practices › Rule 21-6.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency."
In lieu of the words "(official or
				body issuing these rules)" insert "department of agriculture and land
				stewardship".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 6 - Public Records and Fair Information Practices › Rule 21-6.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In lieu of the words "(insert agency
			 head)" insert "secretary of agriculture". In lieu of the words "(insert agency
			 name and address)" insert "the Department of Agriculture and Land Stewardship,
			 Wallace State Office Building, Des Moines, Iowa 50319".
(2)
Office hours.
In lieu of
			 the parenthetical statement, insert "8 a.m. to 4:30 p.m., Monday through
			 Friday, except legal holidays".
(7)
Fees.
a. When charged. To
			 the extent permitted by applicable provisions of law, the payment of fees may
			 be waived when the imposition of fees is inequitable or when a waiver is in the
			 public interest.
c. Supervisory
			 fee. In lieu of the words "specify time period" insert "one-half
			 hour".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 6 - Public Records and Fair Information Practices › Rule 21-6.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)" insert "the secretary
				of agriculture".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 6 - Public Records and Fair Information Practices › Rule 21-6.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 6.10(17A,22) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely as a statistical research or reporting record, provided that the record
			 is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of Cornpelling circumstances affecting the
			 health or safety of any individual if a notice of the disclosure is transmitted
			 to the last known address of the subject.
e. To the legislative services agency under
			 Iowa Code section
			 2A.3.
f Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 6 - Public Records and Fair Information Practices › Rule 21-6.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects, for a purpose which is Cornpatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may upon request of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. Transfers of information within the
			 agency, to other state agencies, or to local units of government as appropriate
			 to administer the program for which the information is collected.
e. Information released to staff of federal
			 and state entities for audit purposes or for purposes of determining whether
			 the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 6 - Public Records and Fair Information Practices › Rule 21-6.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to agency disclosure of confidential records as provided in
			 rule 6.7(17A,22).
(2)
Cornplaints to public officials.
A letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may
			 to the extent permitted by law be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 6 - Public Records and Fair Information Practices › Rule 21-6.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The subject
			 of a confidential record may file a written request to review confidential
			 records about that person as provided in rule 6.6(17A,22). However, the agency
			 need not release the following records to the subject:
a. The identity of a person providing
			 information to the agency need not be disclosed directly or indirectly to the
			 subject of the information when the information is authorized to be held
			 confidential pursuant to Iowa Code section
			 22.7(18)
			  or other provision of law.
b. Records need not be disclosed to the
			 subject when they are the work product of an attorney or are otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 the Iowa Code. (See Iowa Code section
			 22.7(5)
			 )
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 6 - Public Records and Fair Information Practices › Rule 21-6.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Agency records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Sealed bids received
			 prior to the time set for public opening of bids. (Iowa Code section
			 72.3
			)
b. Tax records made available to
			 the agency. (Iowa Code sections
			 422.20
			 and
			 422.72
			)
c. Records which are exempt from
			 disclosure under Iowa Code section
			 22.7.
d. Minutes of closed meetings of a government
			 body. (Iowa Code section
			 21.5(4)
			 )
e. Identifying details in final orders,
			 decisions and opinions to the extent required to prevent a clearly unwarranted
			 invasion of personal privacy or trade secrets under Iowa Code section
			 17A.3(1)
"d. "
f. Those portions of agency staff manuals,
			 instructions or other statements issued which set forth criteria or guidelines
			 to be used by agency staff in auditing, in making inspections, in settling
			 Cornmercial disputes or negotiating Cornmercial arrangements, or in the
			 selection or handling of cases, such as operational tactics or allowable
			 tolerances or criteria for the defense, prosecution or settlement of cases,
			 when disclosure of these statements would:
(1) Enable law violators to avoid
			 detection;
(2) Facilitate disregard
			 of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency. (See Iowa Code sections
			 17A.2 and
			 17A.3
			)
g. Records which
			 constitute attorney work product, attorney-client Cornmunications, or which are
			 otherwise privileged. Attorney work product is confidential under Iowa Code
			 sections
			 22.7(4),
			 622.10
			 and
			 622.11, Iowa
			 R.C.R 122(c), Fed. R. Civ. P 26(b)(3), and case law. Attorney-client
			 Cornmunications are confidential under Iowa Code sections
			 622.10
			 and
			 622.11, the rules
			 of evidence, the Code of Professional Responsibility, and case law.
h. Any other records made confidential by
			 law.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 6 - Public Records and Fair Information Practices › Rule 21-6.16 - Data Processing Systems

Current through Register Vol. 47, No. 3, July 24, 2024
None of the data processing systems used by the agency permit
				the Cornparison of personally identifiable information in one record system
				with personally identifiable information in another record
				system.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 6 - Public Records and Fair Information Practices › Rule 21-6.17 - Release of Confidential Licensing Information for Collection Purposes

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any statutory confidentiality provision, the
				department may share information with the child support recovery unit or with
				the centralized collection unit of the department of revenue through manual or
				automated means for the sole purpose of identifying licensees or applicants
				subject to enforcement under Iowa Code chapter 252J, 598 or
				272D.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 7 - Collection Procedures › Rule 21-7.1 - Licensing Actions

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to other reasons specified by statute or rule, the
				department may refuse to issue a license or permit, or may revoke, suspend, or
				not renew any license or permit for which it has jurisdiction if the department
				is in receipt of a certificate of nonCornpliance from the child support
				recovery unit pursuant to the procedures set forth in Iowa Code chapter 252J or
				from the centralized collection unit of the department of revenue pursuant to
				the procedures set forth in Iowa Code chapter 272D.
An applicant, licensee, or permit holder whose application is
				denied or whose license or permit is denied, suspended, or revoked because of
				receipt by the department of a certificate of nonCornpliance issued by the
				child support recovery unit or by the centralized collection unit of the
				department of revenue shall be subject to the provisions of rule
				21-7.1
				(159,252J,272D). The procedures specified in 21-Chapter 2 for contesting
				departmental actions shall not apply.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 7 - Collection Procedures › Rule 21-7.2 - Collection Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The following procedures shall apply to actions taken by the
				department on a certificate of nonCornpliance pursuant to Iowa Code chapter
				252J or 272D.
(1) The notice required
			 by Iowa Code section
			 252J.8
			 or
			 272D.8
			 shall be served upon the applicant, licensee, or permit holder by restricted
			 certified mail, return receipt requested, or personal service in accordance
			 with Iowa Rule of Civil Procedure 1.305. Alternatively, the applicant,
			 licensee, or permit holder may accept service personally or through authorized
			 counsel.
(2) The effective date of
			 revocation or suspension of a license or permit or the denial of the issuance
			 or renewal of a license or permit, as specified in the notice required by Iowa
			 Code section
			 252J.8
			 or
			 272D.8,
			 shall be 60 days following service of the notice upon the licensee, permit
			 holder, or applicant.
(3)
			 Applicants, licensees, and permit holders shall keep the department informed of
			 all court actions. Applicants, licensees and permit holders shall also keep the
			 department informed of all child support recovery unit actions taken under or
			 in connection with Iowa Code chapter 252J or of all centralized collection unit
			 actions taken under or in connection with Iowa Code chapter 272D. Copies shall
			 be provided to the department, within seven days of filing or issuance, of all
			 applications filed with the district court pursuant to Iowa Code section
			 252J.9 or
			 272D.9,
			 all court orders entered in such actions, and withdrawals of certificates of
			 nonCornpliance by the child support recovery unit or withdrawals of
			 certificates of nonCornpliance by the centralized collection unit.
(4) All departmental fees for applications,
			 license renewals or reinstatements must be paid by the applicant, licensee, or
			 permit holder before a license will be issued, renewed or reinstated after the
			 department has denied the issuance or renewal of a license or has suspended or
			 revoked a license or permit pursuant to Iowa Code chapter 252J or
			 272D.
(5) If an applicant,
			 licensee, or permit holder timely files a district court action following
			 service of a department notice pursuant to Iowa Code sections
			 252J.8
			 and
			 252J.9 or
			 272D.8
			 and
			 272D.9,
			 the department shall continue with the intended action described in the notice
			 upon receipt of a court order lifting the stay, dismissing the action, or
			 otherwise directing the department to proceed. For the purpose of determining
			 the effective date of revocation or suspension, or denial of the issuance or
			 renewal of a license or permit, the department shall count the number of days
			 before the action was filed and the number of days after the action was
			 disposed of by the court.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, a "waiver" means action by the
				department which suspends in whole or in part the requirements or provisions of
				a rule as applied to an identified person on the basis of the particular
				circumstances of that person.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of individual waivers from rules adopted by
				the department in situations where no other more specifically applicable law
				provides for waivers. To the extent another more specific provision of law
				governs the issuance of a waiver from a particular rule, the more specific
				provision shall supersede this chapter with respect to any waiver from that
				rule.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The department may grant a waiver from a rule only if the
				department has jurisdiction over the rule and the requested waiver is
				consistent with applicable statutes, constitutional provisions, or other
				provisions of law. The department may not waive requirements created or duties
				imposed by statute.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				21-8.6(17A,159), the department may in its sole discretion issue an order
				waiving in whole or in part the requirements of a rule if the department finds,
				based on clear and convincing evidence, all of the following:
1. The application of the rule would impose
			 an undue hardship on the person for whom the waiver is requested.
2. The waiver from the requirements of the
			 rule in the specific case would not prejudice the substantial legal rights of
			 any person.
3. The provisions of
			 the rule subject to the petition for a waiver are not specifically mandated by
			 statute or another provision of law.
4. Substantially equal protection of public
			 health, safety, and welfare will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				department as follows:
(1)
License application.
If the petition relates to a license
			 application, the petition shall be made in accordance with the filing
			 requirements for the license in question.
(2)
Contested cases.
If the
			 petition relates to a pending contested case, the petition shall be filed in
			 the contested case proceeding, using the caption of the contested
			 case.
(3)
Other.
If the petition does not relate to a license application or a pending contested
			 case, the petition may be submitted to the bureau chief of the bureau
			 administering the rule from which the waiver is sought.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, and telephone number of
			 the entity or person for whom a waiver is being requested and the case number
			 of any related contested case.
2. A
			 description and citation of the specific rule from which a waiver is
			 requested.
3. The specific waiver
			 requested, including the precise scope and duration.
4. The relevant facts that the petitioner
			 believes would justify a waiver under each of the four criteria described in
			 rule
			 21-8.4
			 (17A,159). This statement shall include a signed statement from the petitioner
			 attesting to the accuracy of the facts provided in the petition and a statement
			 of reasons that the petitioner believes will justify a waiver
5. A history of any prior contacts between
			 the department and the petitioner relating to the regulated activity or license
			 affected by the proposed waiver, including a description of each affected
			 license held by the requester, any notices of violation, contested case
			 hearings, or investigative reports relating to the regulated activity or
			 license within the last five years.
6. Any information known to the requester
			 regarding the department's treatment of similar cases.
7. The name, address, and telephone number of
			 any public agency or political subdivision which also regulates the activity in
			 question or which might be affected by the granting of a waiver
8. The name, address, and telephone number of
			 any person or entity that would be adversely affected by the granting of a
			 petition.
9. The name, address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver.
10. Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the department with information relevant to the
			 waiver
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				department may request additional information from the petitioner relative to
				the petition and surrounding circumstances. If the petition was not filed in a
				contested case, the department may, on its own motion or at the petitioner's
				request, schedule a telephonic or in-person meeting between the petitioner and
				the department.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall acknowledge a petition upon receipt. The
				department shall ensure that, within 30 days of the receipt of the petition,
				notice of the pendency of the petition and a concise summary of its contents
				have been provided to all persons to whom notice is required by any provision
				of law. In addition, the department may give notice to other persons. To
				acCornplish this notice provision, the department may require the petitioner to
				serve the notice on all persons to whom notice is required by any provision of
				law and provide a written statement to the department attesting that notice has
				been provided.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10
				to
				17A.18A
				regarding contested case hearings shall apply to any petition for a waiver
				filed within a contested case and shall otherwise apply to agency proceedings
				for a waiver only when the department so provides by rule or order or is
				required to do so by statute.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and duration
				of the waiver if one is issued.
(1)
Department discretion.
The final decision on whether the
			 circumstances justify the granting of a waiver shall be made at the sole
			 discretion of the department, upon consideration of all relevant factors. Each
			 petition for a waiver shall be evaluated by the department based on the unique,
			 individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
			 convincing evidence that the department should exercise its discretion to grant
			 a waiver from a department rule.
(3)
Narrowly tailored.
A
			 waiver, if granted, shall provide the narrowest exception possible to the
			 provisions of a rule.
(4)
Administrative deadlines.
When the rule from which a waiver is
			 sought establishes administrative deadlines, the department shall balance the
			 special individual circumstances of the petitioner with the overall goal of
			 uniform treatment of all similarly situated persons.
(5)
Conditions.
The
			 department may place any condition on a waiver that the department finds
			 desirable to protect the public health, safety, and welfare.
(6)
lime period of waiver A
waiver shall not be permanent unless the petitioner can show that a temporary
			 waiver would be impracticable. If a temporary waiver is granted, there is no
			 automatic right to renewal. At the sole discretion of the department, a waiver
			 may be renewed if the department finds that grounds for a waiver continue to
			 exist.
(7)
Time for
			 ruling.
The department shall grant or deny a petition for a waiver as
			 soon as practicable but, in any event, shall do so within 120 days of its
			 receipt unless the petitioner agrees to a later date. However, if a petition is
			 filed in a contested case, the department shall grant or deny the petition no
			 later than the time at which the final decision in that contested case is
			 issued.
(8)
When deemed
			 denied.
Failure of the department to grant or deny a petition within
			 the required time period shall be deemed a denial of that petition by the
			 department. However, the department shall remain responsible for issuing an
			 order denying a waiver
(9)
Service of order
Within seven days of its issuance, any order
			 issued under this chapter shall be transmitted to the petitioner or the person
			 to whom the order pertains and to any other person entitled to such notice by
			 any provision of law.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				indexed, filed, and available for public inspection as provided in Iowa Code
				section
				17A.3.
				Petitions for a waiver and orders granting or denying a waiver petition are
				public records under Iowa Code chapter 22. Some petitions or orders may contain
				information the department is authorized or required to keep confidential. The
				department may accordingly redact confidential information from petitions or
				orders prior to public inspection.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.12 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of granting or denying a waiver, the department
				shall make a submission on the Internet site established pursuant to Iowa Code
				section
				17A.9A for the submission
				of waiver information. The submission shall identify the rules for which a
				waiver has been granted or denied, the number of times a waiver was granted or
				denied for each rule, a citation to the statutory provisions implemented by
				these rules, and a general summary of the reasons justifying the department's
				actions on waiver requests. If practicable, the report shall detail the extent
				to which the granting of a waiver has affected the general applicability of the
				rule itself.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the department pursuant to this chapter may
				be withdrawn, canceled, or modified if, after appropriate notice and hearing,
				the department issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver order withheld or misrepresented material facts relevant
			 to the propriety or desirability of the waiver;
2. The alternative means for ensuring that
			 the public health, safety and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to Cornply with all conditions contained in the
			 order
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as
				a violation of the particular rule for which the waiver was granted. As a
				result, the recipient of a waiver under this chapter who violates a condition
				of the waiver may be subject to the same remedies or penalties as a person who
				violates the rule at issue.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 8 - Waiver of Rules › Rule 21-8.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the department issues an order granting a waiver, the
				order is a defense within its terms and the specific facts indicated therein
				for the person to whom the order pertains in any proceeding in which the rule
				in question is sought to be invoked.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 12 - Renewable Fuels and Coproducts › Rule 21-12.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these rules is to further the economic
				development of Iowa and to encourage production of the renewable fuel and
				coproduct industry of Iowa by providing specific funding for technical
				assistance to any person who is located in Iowa or desiring to locate in
				Iowa.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 12 - Renewable Fuels and Coproducts › Rule 21-12.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Coordinator"
means the administrative head of
				the office of renewable fuels and coproducts appointed by the secretary of
				agriculture as provided in Iowa Code section
				159A.3.
"Coproduct"
means a product other than a
				renewable fuel which at least in part is derived from the processing of
				agricultural Cornmodities, and which may include corn gluten feed, distillers
				grain or solubles, or can be used as livestock feed or a feed
				supplement.
"Department"
or
"IDALS"
means
				the Iowa department of agriculture and land stewardship.
"Fund"
means the renewable fuels and
				coproducts fund established pursuant to Iowa Code section
				159A.7.
"Innovative "
means a new or different
				agricultural product or a method of processing agricultural products which is
				an improvement over traditional methods in a new, different, or unusual
				way.
"Office "
means the office of renewable fuels
				and coproducts created pursuant to Iowa Code section
				159A.3
				within the Iowa department of agriculture and land stewardship.
"Person "
means individual, corporation,
				limited liability Cornpany, government or governmental subdivision or agency,
				business trust, estate, trust, partnership or association, or any other legal
				entity.
"Renewable fuel"
means an energy source at
				least in part derived from an organic Cornpound, capable of powering machinery,
				including an engine or power plant. A renewable fuel includes, but is not
				limited to, ethanol-blended or soydiesel fuel.
"Rural economic value-added mentoring program
				"
or
"REVAMP "
means a program which provides
				assistance to develop or refine business plans for value-added
				businesses.
"Value-added product"
means a product which,
				through a series of activities or processes, can be sold at a higher price than
				its original purchase price.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 12 - Renewable Fuels and Coproducts › Rule 21-12.3 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
Financial support for planning and technical assistance for
				persons interested in developing renewable fuel or coproduct industries in the
				state of Iowa.
(1) A person applying
			 for assistance must satisfy the following requirements:
a. Applicant must be interested in developing
			 a value-added industry located in Iowa by:
(1) Producing a product from an agricultural
			 commodity which was not previously produced from an agricultural commodity;
			 or
(2) Using a new process to
			 produce a product derived from an agricultural process which is not commonly
			 used to produce that product; or
(3) Establishing or expanding a renewable
			 fuel production facility.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 12 - Renewable Fuels and Coproducts › Rule 21-12.4 - Renewable Fuels Motor Vehicle Fuels Decals

Current through Register Vol. 47, No. 3, July 24, 2024
All motor vehicle fuel kept, offered or exposed for sale or
				sold at retail containing over 1 percent ethanol by volume shall be identified
				with a decal located on front of the motor vehicle fuel pump and placed between
				30" and 50" above the driveway level or in an alternative location approved by
				the department. The appearance of the decal shall conform to the following
				standards adopted by the renewable fuels and coproducts advisory
				committee:
(1) The minimum design size
			 of department-approved decals is 1.25" by 2.5".
(2) Labels may have the word "with" and shall
			 have the name of the renewable fuel.
(3) All ethanol fuel pump stickers shall be
			 replaced by department-approved "American Ethanol" fuel pump decals effective
			 January 1, 2018.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 13 - Renewable Fuel Infrastructure Board-organization › Rule 21-13.2 - Renewable Fuel Infrastructure Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Duties.
The board shall make awards for renewable fuel
			 infrastructure programs and perform other functions as necessary.
(2)
Board structure.
The
			 board shall consist of 11 voting members appointed for five-year terms by the
			 governor. The board shall annually elect a chairperson, on a rotating basis,
			 from among its members. Six voting members shall constitute a quorum. An
			 affirmative vote of a majority of voting members, excluding any member who has
			 a conflict of interest, is necessary for the board to take substantive
			 action.
(3)
Staff.
Staff assistance shall be provided through the department. The department will
			 market the renewable fuel infrastructure program throughout the
			 state.
(4)
Meetings.
Board meetings will generally be held at the
			 department's offices, electronically, or by telephone. All meetings shall
			 comply with Iowa Code chapter 21.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 14 - Renewable Fuel Infrastructure Program for Retail Motor Fuel Sites › Rule 21-14.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the renewable fuel infrastructure program is to
				install, replace and convert infrastructure to store, blend, and dispense
				renewable fuels at a retail fuel site.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 14 - Renewable Fuel Infrastructure Program for Retail Motor Fuel Sites › Rule 21-14.2 - Eligible Applicants

Current through Register Vol. 47, No. 3, July 24, 2024
To be eligible to receive a retail motor fuel site
				infrastructure grant, an applicant shall:
(1) Be an owner or operator of a retail motor
			 fuel site.
(2) Submit an
			 application to the department in form and content acceptable to the department
			 and the board.
(3) Meet the
			 following eligibility requirements established by the board:
a. The fuel storage and dispensing
			 infrastructure may include either an aboveground or belowground storage tank
			 and ancillary equipment.
b. The
			 storage tank must, however, be used exclusively for retail delivery to the
			 final consumer.
c. If a tank has
			 multiple compartments, at least one of the compartments must be used
			 exclusively for the storage and dispensing of ethanol blended gasoline
			 classified as E-15 or higher, biodiesel or biodiesel blended fuel classified as
			 B-5 or higher at retail. The compartment used exclusively for the storage of
			 ethanol blended gasoline at E-15 or higher, biodiesel or biodiesel blended fuel
			 is considered the tank for purposes of this program.
d. The tank and ancillary equipment must be
			 approved for ethanol blended gasoline classified as E-85 or higher, biodiesel
			 or biodiesel blended fuel classified as B-20 or higher use by either the Iowa
			 department of natural resources or the state fire marshal, as evidenced by the
			 most recent IDNR checklist.
e. The
			 dispenser and dispenser components must be listed by an independent testing
			 laboratory, approved by the manufacturer or approved by the state fire marshal
			 as compatible with ethanol blended gasoline classified as E-85 or higher. An
			 Iowa-licensed installer has been identified to perform the
			 installation.
f. Conversion kits.
			 If a UL-listed E-85 dispenser conversion kit is used, it must be approved by
			 the state fire marshal.