reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.205 - 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 the Agency Rules
			 Administrator, Office of the Commissioner, Department of Public Safety, State
			 Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa
			 50319, or the person or office designated in the Notice of Intended
			 Action.
(2)
Oral
			 proceedings.
The department may, at any time, schedule an oral
			 proceeding on a proposed rule. The department 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 department 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 must also contain the following
			 additional information:
1. A request by one
			 or more individual persons must be signed by each of them and include the
			 address and telephone number of each of them.
2. A request by an association must be signed
			 by an officer or designee of the association and must contain a statement that
			 the association has at least 25 members and the address and telephone number of
			 the person signing that request.
3.
			 A request by an agency or governmental subdivision must be signed by an
			 official having authority to act on behalf of the entity and must contain the
			 address and telephone number of the person signing that request.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.206 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined in
			 1998 Iowa Acts, chapter 1202, section 10(7).
(2)
Mailing list.
Small
			 businesses or organizations of small businesses may be registered on the
			 department's small business impact list by making a written application
			 addressed to Agency Rules Coordinator, Office of the Commissioner, Department
			 of Public Safety, State Public Safety Headquarters Building, 215 East 7th
			 Street, Des Moines, Iowa 50319. 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. 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 department 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 department
				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 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.207 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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 must be accompanied by a fiscal
			 impact statement outlining the costs associated with the rule. A fiscal impact
			 statement must satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the department determines at the time
			 it adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the department 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 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.208 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 department 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 department 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 department 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
			 department expertise.
Except as otherwise provided by law, the
			 department may use its own experience, technical competence, specialized
			 knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.209 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department 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 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.210 - 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 department 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 department
			 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 department shall incorporate the
			 required finding and a brief statement of its supporting reasons in each rule
			 adopted in reliance upon this subrule.
(2) Reserved.
(3)
Public proceedings on rules
			 adopted without them.
The department 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 10.210(1). Upon written
			 petition by a governmental subdivision, the administrative rules review
			 committee, the department, the administrative rules coordinator, an association
			 having not less than 25 members, or at least 25 persons, the department shall
			 commence a standard rule-making proceeding for any rule specified in the
			 petition that was adopted in reliance upon subrule 10.210(1). Such a petition
			 must 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 must be commenced within 60 days of the receipt of such a petition.
			 After a standard rule-making proceeding commenced pursuant to this subrule, the
			 department may either readopt the rule it adopted without benefit of all usual
			 procedures on the basis of subrule 10.210(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 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.211 - 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
			 department shall issue a concise statement of reasons for the rule. Requests
			 for such a statement must be in writing and be delivered to the Agency Rules
			 Administrator, Office of the Commissioner, Department of Public Safety, State
			 Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa
			 50319. 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 department's reasons for overruling the arguments made against the
			 rule.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.212 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
			 adopted by the department shall contain the text of the rule and, in addition:
a. The date the department adopted the
			 rule;
b. A brief explanation of the
			 principal reasons for the rule-making action if such reasons are required by
			 1998 Iowa Acts, chapter 1202, section 8, or the department 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. The effective date of the rule.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.214 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall file each rule it adopts in the office of
				the administrative rules coordinator. The filing must be executed as soon after
				adoption of the rule as is practicable. At the time of filing, each rule must
				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 must be attached to the filed
				rule within five working days after the note or statement is issued. In filing
				a rule, the department shall use the standard form prescribed by the
				administrative rules coordinator.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.215 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The department
			 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 department 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 department 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 department
			 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 department 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 department 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
				10.215(2).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.216 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public
			 inspection.
The department 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(10)
"a, " "c, " "f " "g " "h "
			 "k."
Each addition to, change in, or deletion from the official
			 compilation must also be dated, indexed, and a record thereof kept. Except for
			 those portions containing rules governed by Iowa Code
			 section
17A.2(7)"f,"
or otherwise authorized by law to be kept
			 confidential, the compilation must 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 department to the
			 detriment of any person who does not have actual, timely knowledge of the
			 contents of the statement until the requirements of subrule 10.216(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 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.217 - Review by Department of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any interested person, association,
			 agency, or political subdivision may submit a written request to the
			 administrative rules coordinator requesting the department to conduct a formal
			 review of a specified rule. Upon approval of that request by the administrative
			 rules coordinator, the department 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 department 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) In conducting the formal review, the
			 department shall prepare within a reasonable time a written report summarizing
			 its findings, its supporting reasons, and any proposed course of action. The
			 report must include a concise statement of the department'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 department or granted by the department. 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 department's report shall
			 be sent to the administrative rules review committee and the administrative
			 rules coordinator. The report must also be available for public
			 inspection.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.218 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person or agency may file a petition for rule making with
				the department at the Agency Rules Administrator, Office of the Commissioner,
				Department of Public Safety, State Public Safety Headquarters Building, 215
				East 7th Street, Des Moines, Iowa 50319. A petition is deemed filed when it is
				received by that office. The agency must 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 must be typewritten or legibly
				handwritten in ink and must substantially conform to the following form:
DEPARTMENT OF PUBLIC SAFETY
Petition by (Name of Petitioner) for the (adoption, amendment,
				or repeal) of rules relating to (state subject matter).
}
PETITION FOR RULE MAKING
The petition must provide the following information:
1. A statement of the specific rule-making
			 action sought by the petitioner including the text or a summary of the contents
			 of the proposed rule or amendment to a rule and, if it is a petition to amend
			 or repeal a rule, a citation and the relevant language to the particular
			 portion or portions of the rule proposed to be amended or repealed.
2. A citation to any law deemed relevant to
			 the agency's authority to take the action urged or to the desirability of that
			 action.
3. A brief summary of
			 petitioner's arguments in support of the action urged in the
			 petition.
4. A brief summary of any
			 data supporting the action urged in the petition.
5. 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 proposed action which is the subject of the
			 petition.
6. Any request by
			 petitioner for a meeting provided for by subrule 10.221(1).
(1) The petition must be dated and signed by
			 the petitioner or the petitioner's representative. It must 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.
(2) The department may deny a petition
			 because it does not substantially conform to the required form.
[Editorial change: IAC Supplement 2/11/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.219 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of
				the action urged in the petition. The department may request a brief from the
				petitioner or from any other person concerning the substance of the
				petition.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.220 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				may be made to the Agency Rules Administrator, Office of the Commissioner,
				Department of Public Safety, State Public Safety Headquarters Building, 215
				East 7th Street, Des Moines, Iowa 50319.
[Editorial change: IAC Supplement 2/11/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.221 - Agency Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within 14 days after the filing of a petition, the department must submit a
			 copy of the petition and any accompanying brief to the administrative rules
			 coordinator and to the administrative rules review committee. Upon request by
			 petitioner in the petition, the department may schedule a brief and informal
			 meeting between the petitioner and the agency, a member of the agency, or a
			 member of the staff of the agency, to discuss the petition. The department may
			 request the petitioner to submit additional information or argument concerning
			 the petition. The department may also solicit comments from any person on the
			 substance of the petition. Also, comments on the substance of the petition may
			 be submitted to the department by any person.
(2) Within 60 days after the filing of the
			 petition, or within any longer period agreed to by the petitioner, the
			 department must, in writing, deny the petition, and notify petitioner of its
			 action and the specific grounds for the denial, or grant the petition and
			 notify petitioner that it has instituted rule-making proceedings on the subject
			 of the petition. Petitioner shall be deemed notified of the denial or grant of
			 the petition on the date when the agency mails or delivers the required
			 notification to petitioner.
(3)
			 Denial of a petition because it does not substantially conform to the required
			 form does not preclude the filing of a new petition on the same subject that
			 seeks to eliminate the grounds for the agency's rejection of the
			 petition.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.222 - Waivers of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
This rule outlines generally applicable standards and a uniform
				process for the granting of individual waivers from rules adopted by the
				department of public safety in situations where no other more specific
				procedure 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 rule with respect to any waiver from
				that rule. Generally, more specific procedures exist for considering waivers
				from rules of the state fire marshal and from provisions of the state of Iowa
				building code.
(1) Applicability of
			 rule. 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.
(2) Criteria for waiver.
			 In response to a petition completed pursuant to this rule, 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:
a. The
			 application of the rule would impose an undue hardship on the person for whom
			 the waiver is requested;
b. The
			 waiver from the requirements of the rule in the specific case would not
			 prejudice the substantial legal rights of any person;
c. The provisions of the rule subject to the
			 petition for a waiver are not specifically mandated by statute or another
			 provision of law; and
d.
			 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 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.301 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Rules
				661-10.301
				(17A) to 10.332(17A) apply to contested case proceedings conducted by the
				department.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.302 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5)
				 and includes any matter defined as a no
				factual dispute contested case under 1998 Iowa Acts, chapter 1202, section
				14.
"Issuance "
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order.
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding officer"
means the commissioner of
				public safety or other person designated by the commissioner to preside over a
				contested case proceeding.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the commissioner of public safety did not
				preside.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.303 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
			 shall be computed as provided in Iowa Code subsection
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute
			 or by other provision of law. Except for good cause stated in the record,
			 before extending or shortening the time to take any action, the presiding
			 officer shall afford all parties an opportunity to be heard or to file written
			 arguments.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.304 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
Any person claiming an entitlement to a contested case
				proceeding shall file a written request for such a proceeding within the time
				specified by the particular rules or statutes governing the subject matter or,
				in the absence of such law, the time specified in the agency action in
				question.
The request for a contested case proceeding should state the
				name and address of the requester, identify the specific agency action which is
				disputed, and where the requester is represented by a lawyer identify the
				provisions of law or precedent requiring or authorizing the holding of a
				contested case proceeding in the particular circumstances involved, and include
				a short and plain statement of the issues of material fact in dispute.
Requests for contested case proceedings shall be filed with the
				Office of the Commissioner, Department of Public Safety, State Public Safety
				Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319.
[Editorial change: IAC Supplement 2/11/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.305 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
			 commencement of the contested case proceeding. Delivery may be executed by:
a. Personal service as provided in the Iowa
			 Rules of Civil Procedure; or
b.
			 Certified mail, return receipt requested; or
c. First-class mail; or
d. Publication, as provided in the Iowa Rules
			 of Civil Procedure.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.306 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party who wishes to request that the presiding officer assigned to render a
			 proposed decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within 20 days after
			 service of a notice of hearing which identifies or describes the presiding
			 officer as the agency head.
(2) The
			 commissioner of public safety or the commissioner's designee may deny the
			 request only upon a finding that one or more of the following apply:
a. Neither the department nor any officer of
			 the agency under whose authority the contested case is to take place is a named
			 party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. An administrative law judge is unavailable
			 to hear the case within a reasonable time.
d. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
e. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
f.Funds are unavailable to
			 pay the costs of an administrative law judge and an interagency
			 appeal.
g. The request was not
			 timely filed.
h. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.307 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter. However, the
				department in its discretion may refuse to give effect to such a waiver when it
				deems the waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.308 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference in which all parties have an opportunity to
				participate. Other telephone proceedings may be held with the consent of all
				parties. The presiding officer will determine the location of the parties and
				witnesses for telephone hearings. The convenience of the witnesses or parties,
				as well as the nature of the case, will be considered when location is
				chosen.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.309 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person shall withdraw from participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f.Has a spouse or relative within the third
			 degree of relationship that:
(1) is a party
			 to the case, or an officer, director or trustee of a party;
(2) is a lawyer in the case;
(3) is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) is likely to be a material witness in the
			 case; or
g. Has any
			 other legally sufficient cause to withdraw from participation in the decision
			 making in that case.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.310 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
(a) the matters at issue involve common
			 parties or common questions of fact or law;
(b) consolidation would expedite and simplify
			 consideration of the issues involved; and
(c) consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.311 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
Formal pleadings are not required in cases initiated by a
				notice of appeal or a notice of claim. However, the presiding officer may order
				the parties to file formal pleadings in any case.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.312 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every pleading, motion, document, or
			 other paper filed in a contested case proceeding and every paper relating to
			 discovery in such a proceeding shall be served upon each of the parties of
			 record to the proceeding, including the person designated as advocate or
			 prosecutor for the state or the department, simultaneously with their filing.
			 Except for the original notice of hearing and an application for rehearing as
			 provided in Iowa Code section
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(2)
Service - how
			 made.
Service upon a party represented by an attorney shall be made
			 upon the attorney unless otherwise ordered. Service is made by delivery or by
			 mailing a copy to the person's last-known address. Service by mail is complete
			 upon mailing, except where otherwise specifically provided by statute, rule, or
			 order.
(3)
Filing - when
			 required.
After the notice of hearing, all pleadings, motions,
			 documents or other papers in a contested case proceeding shall be filed with
			 the Office of the Commissioner, Department of Public Safety, State Public
			 Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319. All
			 pleadings, motions, documents or other papers that are required to be served
			 upon a party shall be filed simultaneously with the department.
(4)
Filing - when made.
Except where otherwise provided by law, a document is deemed filed at the time
			 it is delivered to the Office of the Commissioner, Department of Public Safety,
			 State Public Safety Headquarters Building, 215 East 7th Street, Des Moines,
			 Iowa 50319, delivered to an established courier service for immediate delivery
			 to that office, or mailed by first-class mail or state interoffice mail to that
			 office, so long as there is proof of mailing.
(5)
Proof of mailing.
Proof
			 of mailing includes either: a legible United States Postal Service postmark on
			 the envelope, a certificate of service, a notarized affidavit, or a
			 certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the Office of the Commissioner, Department of Public Safety, State
				Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa
				50319, and to the names and addresses of the parties listed below by depositing
				the same in (a United States post office mailbox with correct postage properly
				affixed or state interoffice mail).
(Date)
(Signature)
[Editorial change: IAC Supplement 2/11/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.313 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules or by order of the presiding
			 officer, time periods for compliance with discovery shall be as provided in the
			 Iowa Rules of Civil Procedure.
(2)
			 Any motion relating to discovery shall allege that the moving party has
			 previously made a good-faith attempt to resolve the discovery issues involved
			 with the opposing party. Motions in regard to discovery shall be ruled upon by
			 the presiding officer. Opposing parties shall be afforded the opportunity to
			 respond within ten days of the filing of the motion unless the time is
			 shortened as provided in subrule 10.313(1). The presiding officer may rule on
			 the basis of the written motion and any response, or may order argument on the
			 motion.
(3) Evidence obtained in
			 discovery may be used in the contested case proceeding if that evidence would
			 otherwise be admissible in that proceeding.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.314 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. An agency
			 subpoena shall be issued to a party on request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a request
			 for a subpoena must be received at least three days before the scheduled
			 hearing. The request shall include the name, address, and telephone number of
			 the requesting party.
b. Except to
			 the extent otherwise provided by law, parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.315 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the department or the presiding officer. The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing must be
			 filed and served at least ten days prior to the date of hearing unless there is
			 good cause for permitting later action or the time for such action is
			 lengthened or shortened by administrative rule or an order of the presiding
			 officer.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.316 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than seven days prior to the hearing date. A
			 prehearing conference shall be scheduled not less than three business days
			 prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the presiding officer to all parties. For good cause the presiding officer may
				permit variances from this rule.
(2) Each party shall bring to the prehearing
			 conference:
a. A final list of the witnesses
			 who the party anticipates will testify at hearing. Witnesses not listed may be
			 excluded from testifying unless there was good cause for the failure to include
			 their names; and
b. A final list of
			 exhibits which the party anticipates will be introduced at hearing. Exhibits
			 other than rebuttal exhibits that are not listed may be excluded from admission
			 into evidence unless there was good cause for the failure to include
			 them.
c. Witness or exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the presiding officer at the prehearing conference. Any such
			 amendments must be served on all parties.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.317 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made to the presiding officer.
(1)
			 A written application for a continuance shall:
a. Be made at the earliest possible time and
			 no less than seven days before the hearing except in case of unanticipated
			 emergencies;
b. State the specific
			 reasons for the request; and
c. Be
			 signed by the requesting party or the party's representative.
An oral application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request unless that
				requirement is waived by the presiding officer. No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				where notice is not feasible. The department may waive notice of such requests
				for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.319 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer.
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner. Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
(a) intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.320 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer presides at the hearing, and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or to be represented in all hearings or
			 prehearing conferences related to their case. Partnerships, corporations, or
			 associations may be represented by any member, officer, director, or duly
			 authorized agent. Any party may be represented by an attorney or another person
			 authorized by law.
(4) Subject to
			 terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or affirmed by the presiding officer or the court reporter, and be
			 subject to examination and cross-examination. The presiding officer may limit
			 questioning in a manner consistent with law;
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.