reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board of
			 regents 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 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the board of regents 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 board of
			 regents 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 board of regents shall
			 incorporate the required finding and a brief statement of its supporting
			 reasons in each rule adopted in reliance upon this subrule.
(2)
Categories exempt.
The
			 following narrowly tailored categories of rules are exempted from the usual
			 public notice and participation requirements because those requirements are
			 unnecessary, impracticable, or contrary to the public interest with respect to
			 each and every member of the defined class:
a.
			 Rules relating to the care of patients or animals at medical or veterinary
			 facilities operated by a regent institution, including rules regarding
			 visitation and conduct of visitors at such facilities;
b. Rules relating to safety as applied to
			 visitors in research laboratories, research farms and other research
			 facilities;
c. Rules relating to
			 the provision of educational services to persons not usually considered
			 students, but who receive services like those available to students, such as
			 conference attendees, persons receiving outreach and extension services,
			 athletic camp attendees, persons taking academic tests or receiving academic
			 evaluation, and persons attending special academic programs tailored to persons
			 not enrolled as students;
d.
			 Specific rules relating to safety or crowd management at ceremonial,
			 celebratory, athletic, artistic, musical and similar events at a regent
			 institution as long as the institution has adopted by formal rule making the
			 general rules of conduct at such events; and
e. Rules relating to the use by the general
			 public of the regent institutions' computing equipment, networks, software,
			 electronic information resources, databases and the like.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested
			 by a person, either prior to the adoption of a rule or within 30 days after its
			 publication in the Iowa Administrative Bulletin as an adopted rule, the board
			 of regents shall issue a concise statement of reasons for the rule. Requests
			 for such a statement must be in writing and be delivered to the office of the
			 Board of Regents, 100 Court Avenue, 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 board of regents'
			 reasons for overruling the arguments made against the rule.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
			 adopted by the board of regents shall contain the text of the rule and, in
			 addition:
a. The date the board of regents
			 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 board of
			 regents in its discretion decides to include such reasons;
c. A reference to all rules repealed,
			 amended, or suspended by the rule;
d. A reference to the specific statutory or
			 other authority authorizing adoption of the rule;
e. Any findings required by any provision of
			 law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
			 reasons for the failure to provide for waivers to the rule if no waiver
			 provision is included and a brief explanation of any waiver or special
			 exceptions provided in the rule if such reasons are required by 1998 Iowa Acts,
			 chapter 1202, section 8, or the board of regents in its discretion decides to
			 include such reasons; and
g. The
			 effective date of the rule.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.13 - Board of Regents Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The board
			 of regents shall maintain an official rule-making record for each rule it
			 proposes by publication in the Iowa Administrative Bulletin of a Notice of
			 Intended Action, or adopts. The rule-making record and materials incorporated
			 by reference must be available for public inspection.
(2)
Contents.
The board of
			 regents rule-making record shall contain:
a.
			 Copies of all publications in the Iowa Administrative Bulletin with respect to
			 the rule or the proceeding upon which the rule is based and any file-stamped
			 copies of board of regents submissions to the administrative rules coordinator
			 concerning that rule or the proceeding upon which it is based;
b. Copies of any portions of the board of
			 regents public rule-making docket containing entries relating to the rule or
			 the proceeding upon which the rule is based;
c. All written petitions, requests, and
			 submissions received by the board of regents, and all other written materials
			 of a factual nature as distinguished from opinion that are relevant to the
			 merits of the rule and that were created or compiled by the board of regents
			 and considered by the board in connection with the formulation, proposal, or
			 adoption of the rule or the proceeding upon which the rule is based, except to
			 the extent the board of regents is authorized by law to keep them confidential;
			 provided, however, that when any such materials are deleted because they are
			 authorized by law to be kept confidential, the board of regents shall identify
			 in the record the particular materials deleted and state the reasons for that
			 deletion;
d. Any official
			 transcript of oral presentations made in the proceeding upon which the rule is
			 based or, if not transcribed, the stenographic record or electronic recording
			 of those presentations, and any memorandum prepared by a presiding officer
			 summarizing the contents of those presentations;
e. A copy of any regulatory analysis or
			 fiscal impact statement prepared for the proceeding upon which the rule is
			 based;
f. A copy of the rule and
			 any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
			 suspension of the rule;
h. A copy
			 of any objection to the issuance of that rule without public notice and
			 participation that was filed pursuant to Iowa Code section
			 17A.4(2)
			  by the administrative rules review
			 committee, the governor, or the attorney general;
i. A copy of any objection to the rule filed
			 by the administrative rules review committee, the governor, or the attorney
			 general pursuant to Iowa Code section
			 17A.4(4),
			 and any board of regents response to that objection;
j. A copy of any significant written
			 criticism of the rule, including a summary of any petitions for waiver of the
			 rule; and
k. A copy of any
			 executive order concerning the rule.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The board of regents 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 board of regents shall use the standard form
				prescribed by the administrative rules coordinator.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The board of
			 regents 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 board of regents 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 board of regents 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 board 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 board of regents 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 board of regents 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 this
				subrule.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public
			 inspection.
The board of regents 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,"
and
"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.27
			)
"f,"
or otherwise authorized by law to be kept confidential,
			 the compilation must be made available for public inspection and
			 copying.
(2)
Compilation at
			 each regent institution.
Each regent institution 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,"
and
"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.
(3)
Enforcement of
			 requirements.
A general statement of policy subject to the
			 requirements of this subrule shall not be relied on by the board of regents to
			 the detriment of any person who does not have actual, timely knowledge of the
			 contents of the statement until the requirements of subrule 19.16(2) or, with
			 respect to a general statement of policy adopted by a regent institution, until
			 the requirements of subrule 19.16(2) 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 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.17 - Review of Rules by Board of Regents

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 board of regents to conduct a
			 formal review of a specified rule. Upon approval of that request by the
			 administrative rules coordinator, the board of regents shall conduct a formal
			 review of a specified rule to determine whether a new rule should be adopted or
			 the rule should be amended or repealed. The board of regents 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
			 board of regents 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 board of regents'
			 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 board of regents or granted by the board of regents. 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 board of regents' 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 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.18 - Waiver From Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
Waiver from board of regents rules may be
			 requested but only in the event that:
a. The
			 board of regents has exclusive rule-making authority to promulgate the rule
			 from which a waiver is requested or has final decision-making authority over a
			 contested case in which a waiver is requested; and
b. No federal or state statute or rule
			 otherwise controls the grant of a waiver from the rule from which a waiver is
			 requested.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.2 - 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 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 the regent
				institution or board of regents named or admitted as a party or properly
				seeking and entitled as of right to be admitted as a party.
"Presiding officer"
means the administrative
				law judge, the board of regents or subcommittee of the board of regents.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the board of regents did not
				preside.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Time shall be computed as provided in Iowa Code subsection
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute.
			 Except for good cause stated in the record, before extending or shortening the
			 time to take any action, the presiding officer shall afford all parties an
			 opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.4 - 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 board of regents or
				regent institution 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.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.5 - 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; or
e. In the
			 case of a student residing in facilities of a regent institution, by leaving a
			 copy in the student's mailbox at the student's residence hall or
			 apartment.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.6 - 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 after
			 service of a notice of hearing which identifies or describes the presiding
			 officer as the board of regents head or members of the board of
			 regents.
(2) The board of regents
			 may deny the request only upon a finding that one or more of the following
			 apply:
a. Neither the board of regents nor any
			 officer of the board of regents 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 with the
			 qualifications identified in subrule 20.6(4) 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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.7 - 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 board of
				regents, in its discretion may refuse to give effect to such a waiver when it
				deems the waiver to be inconsistent with the public interest. When a regent
				institution provides for procedures for handling contested case matters in any
				handbook or policy guide, the board of regents and the regent institutions
				consent to the use of the procedures therein and waive these rules. If a party
				does not consent to the use of the institutional procedures, or has elected use
				of formal proceedings under the Iowa administrative procedure Act (Iowa Code
				chapter 17A) instead of institutional procedures, the board of regents will
				normally not waive the provisions of this chapter
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.8 - 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.
				The presiding officer, for good cause, and upon request of a party, may permit
				the party to present witness testimony by telephone or remote video so long as
				the parties and their representatives have substantially the same opportunity
				to hear and observe the witness testimony.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.9 - 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 (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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.10 - 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.
(2)
Severance.
The presiding officer may, for good cause shown,
			 order any contested case proceedings or portions thereof severed.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.11 - 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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.12 - 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 board of regents, 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 presiding officer, at the address provided in notices to the parties. All
			 pleadings, motions, documents or other papers that are required to be served
			 upon a party shall be filed simultaneously with the board of regents or, in the
			 case of a matter arising from one of the regent institutions, the president's
			 or superintendent's office of the regent institution.
(4)
Filing
-
when
			 made.
Except where otherwise provided by law, a document is deemed
			 filed at the time it is delivered to the board of regents or as appropriate,
			 the president's or superintendent's office, 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 and address) 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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.13 - 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 20.13(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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. A board of
			 regents 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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.15 - 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 board of regents 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 (or other time period designated by the board of
			 regents) 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 board of regents 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 237 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
				30 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 10 days, unless otherwise ordered by the presiding officer,
				from the date a copy of the motion was served. The time fixed for hearing or
				nonoral submission shall be not less than 20 days after the filing of the
				motion, unless a shorter time is ordered by the presiding officer A summary
				judgment order rendered on all issues in a contested case is subject to
				rehearing pursuant to rule 20.28(17A) and appeal pursuant to rules 20.28(17A)
				and 20.26(17A).
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.17 - 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 (or other time period designated by the board of
			 regents) 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 board of regents may waive notice of such
				requests for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.18 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				that request prior to the hearing only in accordance with board of regents
				rules. Unless otherwise provided, a withdrawal shall be with
				prejudice.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.19 - 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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.20 - 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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.23 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the board of regents 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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.24 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the board
				of regents may review an interlocutory order of the presiding officer In
				determining whether to do so, the board of regents 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
				board of regents 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 five 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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.25 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 When the board of regents presides over the reception of evidence at the
			 hearing, its decision is a final decision.
(2) When the board of regents 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
			 board of regents without further proceedings unless there is an appeal to, or
			 review on motion of, the president, the superintendent or the board of regents
			 within the times provided in rules 20.26(17A) and 20.27(17A).
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.26 - Appeals and Review-actions by Regent Institution

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any
			 adversely affected party may appeal a proposed decision in a case involving an
			 appeal of action or proposed action by a regent institution, to the president
			 or superintendent of the regent institution within 20 days after issuance of
			 the proposed decision.
(2)
Review.
The president or superintendent of the regent
			 institution may initiate review of a proposed decision on the president or
			 superintendent's own motion at any time within 20 days following the issuance
			 of such a decision.
(3)
Notice of appeal.
An appeal of a proposed decision is
			 initiated by filing a timely notice of appeal with the president or
			 superintendent. The notice of appeal must be signed by the appealing party or a
			 representative of that party and contain a certificate of service. The notice
			 shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.27 - Appeals to the Board of Regents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any
			 adversely affected party may appeal the president or superintendent's decision
			 to the board of regents within 10 days after issuance of the decision. In the
			 case of an appeal of initial action by the board of regents, any adversely
			 affected party may appeal the proposed order of a presiding officer to the
			 board of regents within 20 days after issuance of the proposed
			 decision.
(2)
Review.
The board of regents may initiate review of the
			 president or superintendent's decision or a proposed decision involving an
			 appeal of board of regents action on its own motion at any time within 20 days
			 following the issuance of such a decision.
(3)
Notice of appeal.
An
			 appeal of a proposed decision is initiated by filing a timely notice of appeal
			 with the board of regents. In cases of appeals of action by an institution, a
			 copy of the notice shall be sent to the president or superintendent of the
			 regent institution. The notice of appeal must be signed by the appealing party
			 or a representative of that party and contain a certificate of service. The
			 notice shall specify:
a. The parties
			 initiating the appeal;
b. The
			 proposed decision or order appealed from;
c. The specific findings or conclusions to
			 which exception is taken and any other exceptions to the decision or
			 order;
d. The relief
			 sought;
e. The grounds for
			 relief.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the board of regents decision on the existing record and whether, on
			 the basis of the grounds enumerated in subrule 20.26(4), the applicant requests
			 an opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the board of regents within 20 days after
			 issuance of the final decision.
(4)
Notice to other parties.
A copy of the application shall be
			 timely mailed by the applicant to all parties of record not joining therein. If
			 the application does not contain a certificate of service, the board of regents
			 shall serve copies on all parties.
(5)
Disposition.
Any
			 application for a rehearing shall be deemed denied unless the board of regents
			 grants the application within 20 days after its filing.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.29 - Stays of Board of Regents Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party to a contested case proceeding
			 may petition the board of regents for a stay of an order issued in that
			 proceeding or for other temporary remedies, pending review by the board of
			 regents. The petition shall be filed with the notice of appeal and shall state
			 the reasons justifying a stay or other temporary remedy. The board of regents
			 may rule on the stay or authorize the presiding officer to do so.
b. Any party to a contested case proceeding
			 may petition the board of regents for a stay or other temporary remedies
			 pending judicial review of all or part of that proceeding. The petition shall
			 state the reasons justifying a stay or other temporary
			 remedy.