reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 2 - Commission Procedure for Rule Making › Rule 283-2.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The commission 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 commission shall use the standard form prescribed by the
				administrative rules coordinator
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 2 - Commission Procedure for Rule Making › Rule 283-2.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The commission
			 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 commission 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 commission 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 commission
			 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 commission 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 commission of
			 utilizing each of those alternatives, and the harm suffered by affected persons
			 from any lack of notice concerning the contents of the rule prior to its
			 indexing and publication. The means that may be used for providing notice of
			 such rules prior to their indexing and publication include, but are not limited
			 to, any one or more of the following means: radio, newspaper, television,
			 signs, mail, telephone, personal notice or electronic means.
A rule made effective prior to its indexing and publication in
				reliance upon the provisions of Iowa Code section 17A.5(2)
"b
"(3) shall include in that rule a statement describing the reasonable efforts
				that will be used to comply with the requirements of subrule
				2.15(2).
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 2 - Commission Procedure for Rule Making › Rule 283-2.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public
			 inspection.
The commission shall maintain an official, current, and
			 dated compilation that is indexed by subject, containing all of its general
			 statements of policy within the scope of Iowa Code section
			 17A.2(11)
"a, " "c, " "f, " "g, " "h, " "k.
			 "
Each addition to, change in, or deletion from the official
			 compilation must also be dated, indexed, and a record thereof kept. Except for
			 those portions containing rules governed by Iowa Code section
			 17A.2(11)
"f,
" or otherwise
			 authorized by law to be kept confidential, the compilation 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 commission to the
			 detriment of any person who does not have actual, timely knowledge of the
			 contents of the statement until the requirements of subrule 2.16(1) are
			 satisfied. This provision is inapplicable to the extent necessary to avoid
			 imminent peril to the public health, safety, or welfare.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 2 - Commission Procedure for Rule Making › Rule 283-2.17 - Review by Commission 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 commission to conduct a formal
			 review of a specified rule. Upon approval of that request by the administrative
			 rules coordinator, the commission 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 commission 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
			 commission 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 commission'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 commission or granted by the commission. 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 commission'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 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the college student aid
				commission for a declaratory order as to the applicability to specified
				circumstances of a statute, rule, or order within the primary jurisdiction of
				the commission, at 400 E. 14th Street, Des Moines, Iowa 50319-0146. A petition
				is deemed filed when it is received by the commission. The commission shall
				provide the petitioner with a file-stamped copy of the petition if the
				petitioner provides an extra copy for this purpose. The petition must be
				typewritten or legibly handwritten in ink and must substantially conform to the
				following form:
Click here to
				view Image
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by 3.7(17A).
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.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the college student aid commission shall give notice of the petition to
				all persons not served by the petitioner pursuant to 3.6(17A) to whom notice is
				required by any provision of law. The commission may also give notice to any
				other persons.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who qualify under any applicable
			 provision of law as an intervenor and who file a petition for intervention
			 within 15 days of the filing of a petition for declaratory order (after time
			 for notice under 3.2(17A) and before 30-day time for agency action under
			 3.8(17A)) shall be allowed to intervene in a proceeding for a declaratory
			 order.
(2) Any person who files a
			 petition for intervention at any time prior to the issuance of an order may be
			 allowed to intervene in a proceeding for a declaratory order at the discretion
			 of the commission.
(3) A petition
			 for intervention shall be filed at 400 E. 14th Street, Des Moines, Iowa
			 50319-0146. Such a petition is deemed filed when it is received by the
			 commission. The commission will provide the petitioner with a file-stamped copy
			 of the petition for intervention if the petitioner provides an extra copy for
			 this purpose. A petition for intervention must be typewritten or legibly
			 handwritten in ink and must substantially conform to the following form:
Click here to
				view Image
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervenor's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervenor's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervenor's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervenor's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The commission may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to Executive Director, College Student Aid Commission,
				400 E. 14th Street, Des Moines, Iowa 50319-0146.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law,
			 every petition for declaratory order, petition for intervention, brief, or
			 other paper filed in a proceeding for a declaratory order shall be served upon
			 each of the parties of record to the proceeding, and on all other persons
			 identified in the petition for declaratory order or petition for intervention
			 as affected by or interested in the questions presented, simultaneously with
			 their filing. The party filing a document is responsible for service on all
			 parties and other affected or interested persons.
(2)
Filing-when required.
All petitions for declaratory orders, petitions for intervention, briefs, or
			 other papers in a proceeding for a declaratory order shall be filed with the
			 College Student Aid Commission, 400 E. 14th Street, Des Moines, Iowa
			 50319-0146. All petitions, briefs, or other papers that are required to be
			 served upon a party shall be filed simultaneously with the
			 commission.
(3)
Method of
			 service, time of filing, and proof of mailing.
Method of service, time
			 of filing, and proof of mailing shall be as provided by uniform rule on
			 contested cases 3.12(17A).
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the college student aid commission
				must schedule a brief and informal meeting between the original petitioner, all
				intervenors, and the commission, a member of the commission, or a member of the
				staff of the commission, to discuss the questions raised. The commission may
				solicit comments from any person on the questions raised. Comments on the
				questions raised may be submitted to the commission by any
				person.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within the time allowed by Iowa Code section
			 17A.9(5)
			  after receipt of a petition for a
			 declaratory order, the executive director or designee shall take action on the
			 petition as required by Iowa Code section
			 17A.9(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order is as defined in contested case uniform rule 283-4.2
			 (17A).
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The commission shall not issue a declaratory order where prohibited by Iowa
			 Code section
			 17A.9(1)
			  and may refuse to issue a declaratory order
			 on some or all questions raised for the following reasons:
1. The petition does not substantially comply
			 with the required form.
2. The
			 petition does not contain facts sufficient to demonstrate that the petitioner
			 will be aggrieved or adversely affected by the failure of the commission to
			 issue an order
3. The commission
			 does not have jurisdiction over the questions presented in the
			 petition.
4. The questions
			 presented by the petition are also presented in a current rule making,
			 contested case, or other commission or judicial proceeding, that may
			 definitively resolve them.
5. The
			 questions presented by the petition would more properly be resolved in a
			 different type of proceeding or by another body with jurisdiction over the
			 matter.
6. The facts or questions
			 presented in the petition are unclear, overbroad, insufficient, or otherwise
			 inappropriate as a basis upon which to issue an order
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge a commission decision already
			 made.
9. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner
10. The petitioner
			 requests the commission to determine whether a statute is unconstitutional on
			 its face.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its
				conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 3 - Declaratory Orders › Rule 283-3.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the
				commission, the petitioner, and any intervenors who consent to be bound and is
				applicable only in circumstances where the relevant facts and the law involved
				are indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on the
				commission. The issuance of a declaratory order constitutes final commission
				action on the petition.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 4 - Due Process › Rule 283-4.1 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter describes procedures for appeal to commission
				decisions covering student eligibility for state scholarship and grant awards,
				adjustment in award amounts, refunds of awards, and institutional eligibility
				for participation in state scholarship and grant programs.
(1) Administrative staff of the commission
			 shall make all decisions in accordance with established policies and published
			 administrative rules approved by the commission and shall notify the concerned
			 individual or institution of these decisions within a reasonable time after
			 inquiry.
(2) If an individual,
			 institution, or any duly appointed representative thereof disagrees with a
			 staff decision, written evidence setting forth the reasons for disagreement
			 shall be presented to the executive director of the commission. The evidence
			 must be presented within 60 days after notification of the staff decision, and
			 the appellant may request a hearing.
a. If no
			 hearing is requested, the executive director will consider all evidence
			 provided and will notify the appellant within 30 days whether the decision is
			 retracted, modified or upheld. The appellant will be advised of the appellant's
			 right to carry the appeal to a meeting of the full commission or to an appeals
			 panel appointed by the commission.
b. If a hearing is requested, the executive
			 director will follow the contested case procedures in 283-Chapter 5.
This rule is intended to implement Iowa Code section
				261.3.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.2 - 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 Iowa Code section
				17A.10A.
"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 executive
				director.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the college student aid commission did not
				preside.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Time shall be computed as provided in Iowa Code section
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute.
			 Except for good cause stated in the record, before extending or shortening the
			 time to take any action, the presiding officer shall afford all parties an
			 opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.4 - 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 commission action in
				question.
The request for a contested case proceeding should state the
				name and address of the requester, identify the specific commission 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.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.5 - 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 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.6 - 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 or such
			 other time period the commission designates after service of a notice of
			 hearing which identifies or describes the presiding officer as the executive
			 director or members of the commission.
(2) The commission or its designee may deny
			 the request only upon a finding that one or more of the following apply:
a. Neither the commission nor any officer of
			 the commission 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. A qualified 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 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.7 - 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
				commission, 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 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.8 - 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 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.9 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person shall withdraw from participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
			 degree of relationship that:
(I) 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 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.10 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
(a) the matters at issue involve common
			 parties or common questions of fact or law;
(b) consolidation would expedite and simplify
			 consideration of the issues involved; and
(c) consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.11 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pleadings may
			 be required by rule, by the notice of hearing, or by order of the presiding
			 officer
(2) Petition.
a. Any petition required in a contested case
			 proceeding shall be filed within 20 days of delivery of the notice of hearing
			 or subsequent order of the presiding officer, unless otherwise
			 ordered.
b. A petition shall state
			 in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
			 the petition is filed;
(2) The
			 particular provisions of statutes and rules involved;
(3) The relief demanded and the facts and law
			 relied upon for such relief; and
(4) The name, address and telephone number of
			 the petitioner and the petitioner's attorney, if any.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law,
			 every pleading, motion, document, or other paper filed in a contested case
			 proceeding and every paper relating to discovery in such a proceeding shall be
			 served upon each of the parties of record to the proceeding, including the
			 person designated as advocate or prosecutor for the state or the commission,
			 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 college student aid commission.
(4)
Filing-when made.
Except
			 where otherwise provided by law, a document is deemed filed at the time it is
			 delivered to the college student aid commission, 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 College Student Aid Commission, 400 E. 14th Street, Des
				Moines, Iowa 50319-0146, and to the names and addresses of the parties listed
				below by depositing the same in (a United States post office mailbox with
				correct postage properly affixed or state interoffice mail).
(Date) (Signature)
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.13 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules or by order of the presiding
			 officer, time periods for compliance with discovery shall be as provided in the
			 Iowa Rules of Civil Procedure.
(2)
			 Any motion relating to discovery shall allege that the moving party has
			 previously made a good-faith attempt to resolve the discovery issues involved
			 with the opposing party. Motions in regard to discovery shall be ruled upon by
			 the presiding officer Opposing parties shall be afforded the opportunity to
			 respond within ten days of the filing of the motion unless the time is
			 shortened as provided in subrule 5.13(1). The presiding officer may rule on the
			 basis of the written motion and any response, or may order argument on the
			 motion.
(3) Evidence obtained in
			 discovery may be used in the contested case proceeding if that evidence would
			 otherwise be admissible in that proceeding.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. An agency
			 subpoena shall be issued to a party on request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a request
			 for a subpoena must be received at least three days before the scheduled
			 hearing. The request shall include the name, address, and telephone number of
			 the requesting party.
b. Except to
			 the extent otherwise provided by law, parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.15 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the commission or the presiding officer. The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing, except
			 motions for summary judgment, must be filed and served at least ten days prior
			 to the date of hearing unless there is good cause for permitting later action
			 or the time for such action is lengthened or shortened by rule of the
			 commission or an order of the presiding officer.
(5) Motions for summary judgment. Motions for
			 summary judgment shall comply with the requirements of Iowa Rule of Civil
			 Procedure 1.981 and shall be subject to disposition according to the
			 requirements of that rule to the extent such requirements are not inconsistent
			 with the provisions of this rule or any other provision of law governing the
			 procedure in contested cases.
Motions for summary judgment must be filed and served at least
				45 days prior to the scheduled hearing date, or other time period determined by
				the presiding officer. Any party resisting the motion shall file and serve a
				resistance within 15 days, unless otherwise ordered by the presiding officer,
				from the date a copy of the motion was served. The time fixed for hearing or
				nonoral submission shall be not less than 20 days after the filing of the
				motion, unless a shorter time is ordered by the presiding officer A summary
				judgment order rendered on all issues in a contested case is subject to
				rehearing pursuant to 5.28(17A) and appeal pursuant to
				5.27(17A).
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.16 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Any party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than seven days prior to the hearing date. A
			 prehearing conference shall be scheduled not less than three business days
			 prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the executive director 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 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.17 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made to the presiding officer
(1) A
			 written application for a continuance shall:
a. Be made at the earliest possible time and
			 no less than seven days before the hearing except in case of unanticipated
			 emergencies;
b. State the specific
			 reasons for the request; and
c. Be
			 signed by the requesting party or the party's representative.
An oral application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request unless that
				requirement is waived by the presiding officer No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				where notice is not feasible. The commission may waive notice of such requests
				for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.19 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
(a) intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.20 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The presiding officer presides at the hearing, and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or to be represented in all hearings or
			 prehearing conferences related to their case. Partnerships, corporations, or
			 associations may be represented by any member, officer, director, or duly
			 authorized agent. Any party may be represented by an attorney or another person
			 authorized by law.
(4) Subject to
			 terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or affirmed by the presiding officer or the court reporter, and be
			 subject to examination and cross-examination. The presiding officer may limit
			 questioning in a manner consistent with law;
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.21 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that good cause justifies expansion of the
			 issues. If the presiding officer decides to admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, shall receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents should normally be provided to opposing parties.
All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection shall be accompanied by a brief statement of the grounds upon
			 which it is based. The objection, the ruling on the objection, and the reasons
			 for the ruling shall be noted in the record. The presiding officer may rule on
			 the objection at the time it is made or may reserve a ruling until the written
			 decision.
(6) Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.24 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the college student aid commission shall provide
				a copy of the whole or any portion of the record at cost. The cost of preparing
				a copy of the record or of transcribing the hearing record shall be paid by the
				requesting party.
Parties who request that a hearing be recorded by certified
				shorthand reporters rather than by electronic means shall bear the cost of that
				recordation, unless otherwise provided by law.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the
				commission may review an interlocutory order of the executive director In
				determining whether to do so, the commission shall weigh the extent to which
				its granting the interlocutory appeal would expedite final resolution of the
				case and the extent to which review of that interlocutory order by the
				commission at the time it reviews the proposed decision of the presiding
				officer would provide an adequate remedy. Any request for interlocutory review
				must be filed within 14 days of issuance of the challenged order, but no later
				than the time for compliance with the order or the date of hearing, whichever
				is first.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 When the commission presides over the reception of evidence at the hearing, its
			 decision is a final decision.
(2)
			 When the commission does not preside at the reception of evidence, the
			 presiding officer shall make a proposed decision. The proposed decision becomes
			 the final decision of the commission without further proceedings unless there
			 is an appeal to, or review on motion of, the commission within the time
			 provided in rule 5.27(17A).