reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.11 - 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.12 - 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 executive director of the commission at the ICN main office location as
			 listed in 751-subrule 1.6(1). All pleadings, motions, documents or other papers
			 that are required to be served upon a party shall be filed simultaneously with
			 the commission.
(4)
Filing-when made.
Except where otherwise provided by law, a
			 document is deemed filed at the time it is delivered to the ICN main office
			 location as listed in 751-subrule 1.6(1), 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 Iowa Telecommunications and Technology Commission at the ICN
				main office location as listed in 751-subrule 1.6(1) 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.13 - 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 4.13(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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. A commission
			 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.15 - 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 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
				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 rule 4.28(17A) and appeal pursuant to rule
				4.27(17A).
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.16 - 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.17 - 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.18 - 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 commission rules.
				Unless otherwise provided, a withdrawal shall be with
				prejudice.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.19 - 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.
(4)
Effect of intervention.
If appropriate, the presiding officer may order consolidation of the petitions
			 and briefs of different parties whose interests are aligned with each other and
			 limit the number of representatives allowed to participate actively in the
			 proceedings. A person granted leave to intervene is a party to the proceeding.
			 The order granting intervention may restrict the issues that may be raised by
			 the intervenor or otherwise condition the intervener's participation in the
			 proceeding.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.20 - 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.21 - 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.24 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.25 - 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 presiding officer. 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.26 - Posthearing Procedures and Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing by parties of briefs and
			 proposed findings.
The presiding officer may ask the parties to submit
			 proposed findings and conclusions of law and a proposed order or briefs. Copies
			 of the submission shall be served on all parties. The submission schedule,
			 including waiver or briefs, shall be determined at the close of the
			 hearing.
(2)
Final decision
			 or order.
a. When a quorum of the
			 entire commission presides over the reception of evidence at the hearing, its
			 decision is a final decision. The decision shall be in writing and shall
			 include findings of fact and conclusions of law in conformance with Iowa Code
			 chapter 17A.
b. In a contested case
			 in which the hearing is held before an administrative law judge or a panel of
			 commission members constituting less than a quorum of the board, the presiding
			 officer or panel shall render a proposed decision. The proposed decision shall
			 be in writing and shall include findings of fact and conclusions of law in
			 conformance with Iowa Code chapter 17A. 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 30 days.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the commission within 30 days after issuance of the
			 proposed decision.
(2)
Review.
The commission member of the commission may initiate
			 review of a proposed decision on its own motion at any time within 30 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 commission. The notice of appeal must be signed by the appealing party
			 or a representative of that party and contain a certificate of service. If a
			 commission member or the commission initiates review of a proposed decision,
			 the executive director shall mail a notice of review to all parties. The notice
			 of appeal or the notice of review 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.28 - 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 commission decision on the existing record and whether, on the
			 basis of the grounds enumerated in subrule 4.27(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the commission 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 commission shall
			 serve copies on all parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied unless the commission grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.29 - Stays of Commission 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 commission for a stay of an order issued in that proceeding or
			 for other temporary remedies, pending review by the commission. The petition
			 shall be filed with the notice of appeal and shall state the reasons justifying
			 a stay or other temporary remedy. The commission may rule on the stay or
			 authorize the presiding officer to do so.
b. Any party to a contested case proceeding
			 may petition the commission 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.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.30 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.31 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare, and consistent with the Constitution
			 and other provisions of law, the commission may issue a written order in
			 compliance with Iowa Code section 17A. 18A to suspend a license in whole or in
			 part, order the cessation of any continuing activity, order affirmative action,
			 or take other action within the jurisdiction of the commission by emergency
			 adjudicative order. Before issuing an emergency adjudicative order the
			 commission shall consider factors including, but not limited to, the following:
a. Whether there has been a sufficient
			 factual investigation to ensure that the commission is proceeding on the basis
			 of reliable information;
b. Whether
			 the specific circumstances which pose immediate danger to the public health,
			 safety or welfare have been identified and determined to be
			 continuing;
c. Whether the person
			 required to comply with the emergency adjudicative order may continue to engage
			 in other activities without posing immediate danger to the public health,
			 safety or welfare;
d. Whether
			 imposition of monitoring requirements or other interim safeguards would be
			 sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the commission is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.32 - Informal Procedure Prior to Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Any person who desires to pursue informal settlement of any
				contested case may request a meeting with appropriate staff. The request should
				be made in writing to the executive director, setting forth a concise statement
				of the circumstances giving rise to the controversy, the text or citation to
				any applicable law, commission rule, or decision, and a statement of the
				settlement proposed. A request for informal settlement should be received by
				the executive director not less than 15 days before the board meeting at which
				it is to be considered. The executive director shall schedule consideration of
				the request at the next regular board meeting occurring more than 15 days after
				the request for an informal settlement is made. Not more than 10 days after the
				commission meeting at which the request is scheduled for consideration, the
				executive director will notify the petitioner in writing of the commission's
				disposition of the request. If the commission determines that a conference is
				appropriate, the party will be notified when, where, and with whom such a
				conference is to be held. The terms of any settlement agreed to by the parties
				shall be embodied in a written stipulation. Upon receipt of the request, all
				formal contested case procedures are stayed, except in the case of emergency
				orders as provided in rule 4.31(17A). If informal settlement is unsuccessful,
				formal contested case proceedings may be instituted in accordance with rule
				4.5(17A).
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.1 - Applicability of Competitive Bidding

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commission shall use competitive
			 bidding to purchase goods and services from private agencies when the estimated
			 annual value of the contract is equal to or greater than $5,000 or when the
			 estimated value of the multiyear service contract in the aggregate, including
			 any renewals, is equal to or greater than $15,000, unless there is adequate
			 justification for a sole-source procurement pursuant to subrule 5.1(2) or
			 another provision of law.
a. When the
			 estimated annual value of the contract is equal to or greater than $5,000, but
			 less than $50,000, or the estimated value of the multiyear contract in the
			 aggregate, including any renewals, does not exceed $150,000, the commission, in
			 its sole discretion, shall use either a formal or informal competitive
			 selection process to procure the goods or services.
b. When the estimated annual value of the
			 contract is equal to or greater than $50,000 or the estimated value of the
			 multiyear contract in the aggregate, including any renewals, exceeds $150,000,
			 the commission shall use a formal competitive bidding process to procure the
			 goods or services.
c. For any
			 single item, the commission may spend up to the maximum amount permitted by
			 Iowa Code Supplement section
			 8D.11
			 to acquire the item. This maximum amount is not applicable to purchases under
			 the contracting authority permitted by Iowa Code section 8D. 13 or any other
			 authority of the commission.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.2 - Methods of Obtaining Bids or Proposals Used by the Commission

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall obtain bids or proposals by one of the
				following methods. If more than one method is applicable to the purchase of a
				particular item, the commission shall choose the method of bidding to be
				utilized. For any method used, the commission may provide notice of the
				solicitation electronically and vendors may submit proposals electronically
				unless the bidding documents provide otherwise.
(1)
Formal invitations to
			 bid.
a. A formal invitation to bid
			 may be required for any item if cost is the major criterion for selection.
			 Other criteria may also be used, provided that the commission describes the
			 criteria in the bid documents. The commission shall prepare a written
			 invitation-to-bid form and shall transmit the form either by mail,
			 electronically, or digitally to selected vendors in the business of providing
			 the goods or services sought by the commission.
b. The invitation to bid shall contain the
			 due date and time of the bid opening, a complete description of the item
			 needed, and any other necessary or proper items. The price quoted by the
			 vendors shall remain binding throughout the applicable time period.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.3 - Items Purchased Through the Department of Administrative Services

Current through Register Vol. 47, No. 3, July 24, 2024
Goods and services may be obtained by the commission through
				the department of administrative services whenever procurement through
				administrative services is appropriate and in the best interests of the
				commission. Items procured through administrative services may be obtained by
				administrative services in any manner deemed appropriate by administrative
				services.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.4 - Notice of Bids or Requests

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The commission shall post solicitations of formal bids or requests on the
			 commission's Internet Web page.
(2)
			 The commission expressly adopts 11IAC 105.7 (1) and shall enforce the notice
			 requirements and consequences for insufficient notice contained
			 therein.
(3) All contracts of the
			 commission shall comply with the legal notice requirements relating to targeted
			 small businesses.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.5 - Contract Purchases

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may enter into contract purchase agreements for
				items, groups of items, or services. Contract purchase agreements are subject
				to the competitive bidding requirements previously outlined where applicable.
				The commission may also purchase items from other contracts obtained by other
				governmental entities if the law or the contract allows.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.6 - Blanket Purchase Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
If the commission foresees a requirement for frequent purchases
				of off-the-shelf items, the commission may establish blanket purchase
				agreements. A blanket purchase agreement is a formally approved charge account
				that is designed to reduce paperwork and the number of checks issued. Blanket
				purchase agreements are subject to the competitive bidding requirements
				previously outlined where applicable.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.7 - Prospective Vendor Selection

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any firm or business legally transacting
			 business within Iowa at the time the contract for goods or services is
			 executed, may request placement on the approved vendor list for a particular
			 service or commodity by filing a vendor application form with the commission.
			 The commission may mail copies of solicitation documents to vendors on the list
			 for a particular item or to any other vendor which the commission chooses to
			 contact. A vendor may be refused placement on the list or suspended or
			 permanently removed from the list for any of the following reasons:
a. Failure to respond to three consecutive
			 solicitations;
b. Failure to
			 deliver within specified delivery dates;
c. Failure to deliver in accordance with
			 specifications;
d. Attempts to
			 influence the decision of any state employee involved in the procurement
			 process;
e. Evidence of agreements
			 by the vendor to restrain trade or impede competitive bidding;
f. Any other activities of the vendor which
			 the commission determines would render the vendor unsuitable; and
g. Failure to pay subcontractors.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.8 - Bids and Proposals to Conform With Specifications

Current through Register Vol. 47, No. 3, July 24, 2024
All bids and proposals must conform to the specifications
				indicated by the commission. Bids and proposals which do not conform to the
				specifications stated may be rejected. The commission reserves the right to
				waive deficiencies in the bids or proposals if in the judgment of the
				commission the best interests of the commission would be served by the
				waiver.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.11 - Tie Bids

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall resolve ties among bids or proposals which
				are equal in all respects by drawing lots unless only one of the tied bidders
				is an Iowa business. If only one of the bidders tied for an award is an Iowa
				business, the Iowa business shall be given preference over all tied
				out-of-state businesses. An Iowa business is a resident of the state of Iowa.
				If it is necessary to draw lots, the drawing shall be held in the presence of
				the vendors who submitted the tied bids or proposals whenever practical. If the
				tied vendors are not present, the drawing shall be held in front of at least
				two persons, and the commission shall document the drawing.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.12 - Time of Submission

Current through Register Vol. 47, No. 3, July 24, 2024
Vendors shall submit all formal bids and proposals in
				sufficient time to actually reach the commission prior to the date and time set
				for the opening of the bids or proposals. Vendors shall submit all informal
				bids in time to reach the commission prior to the time specified by the
				commission. Bids and proposals received after the date and time set for opening
				or for submission shall be returned to the vendor unopened. The commission
				shall notify all vendors to which invitations to bid or requests for proposals
				were sent of any changes in the time of submission. If a formal invitation to
				bid or request for proposal is canceled prior to the time set for opening the
				bids or proposals, the commission shall return unopened any responses already
				received. If an informal invitation to bid is canceled prior to the time set
				for receiving bids, the commission shall destroy any bids already
				received.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.13 - Modification or Withdrawal of Bids or Proposals

Current through Register Vol. 47, No. 3, July 24, 2024
Vendors may modify or withdraw bids or proposals prior to the
				time and date set for the bid or proposal opening. Modifications or withdrawals
				shall be in writing and delivered in a sealed envelope which properly
				identifies the correct bid or proposal to be modified or withdrawn. Vendors may
				withdraw a bid or proposal after opening only with the approval of the
				commission if the commission finds that an honest error was made by the vendor
				which will cause undue financial hardship to the vendor and which will not
				cause undue financial hardship or inconvenience to the
				commission.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.14 - Financial Security

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may require bid security, litigation security,
				and performance security on formal bids or proposals. When required, security
				may be by certified check, cashier's check, certificate of deposit, or letter
				of credit made payable to the commission, or any other form specified by the
				commission.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.15 - Rejection of Bids and Proposals

Current through Register Vol. 47, No. 3, July 24, 2024
The commission reserves the right to reject any or all bids or
				proposals. The commission may reject bids and proposals because of faulty
				specifications, abandonment of the project, insufficient funds, evidence of
				unfair or flawed bidding procedures, failure of a vendor to meet the
				commission's requirements, insufficient evidence of a vendor's financial
				capability to perform the contract, or for any other reason if the commission
				determines that the best interests of the commission will be served by
				rejecting any or all bids. Following the rejection of bids or proposals, the
				commission may request new bids or proposals at any time deemed convenient by
				the commission.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.16 - Background and Informational Statements

Current through Register Vol. 47, No. 3, July 24, 2024
Bidders may be required to describe their organizational
				structure, to identify key personnel and to submit personnel to criminal
				history checks and background investigations. Any changes in key personnel
				during the bidding process or during the contract term must be reported to the
				commission before the change occurs.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.17 - Vendor Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Any vendor whose bid or proposal has been timely filed and that
				is aggrieved by the commission's notice of intent to award may appeal the
				decision by filing a written notice of appeal before the Iowa
				telecommunications and technology commission, within five days of the date of
				the notice of intent to award, exclusive of Saturdays, Sundays, and legal state
				holidays. The commission's address is listed in 751-subrule 1.6(1). The
				commission must actually receive the notice of appeal at this address within
				the specified time frame to be considered timely. The notice shall state the
				following:
1. The relief demanded and
			 the facts and law relied upon for relief;
2. The particular provisions of the statutes
			 and rules involved with specific reference to the grounds identified in Iowa
			 Code section 17A. 19(10);
3. On
			 whose behalf the petition is filed; and
4. The name, address and telephone number of
			 the petitioner and the petitioner's attorney, if any.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.20 - Purchasing Cooperative or Consortium

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Membership. The commission may join a
			 purchasing cooperative or consortium composed of public or private entities, or
			 both, for the purpose of reducing overall telecommunications business costs for
			 the commission and its authorized users.
(2) Prior to joining a purchasing cooperative
			 or consortium, the commission shall review membership obligations to ensure
			 that the commission's membership obligations are not inconsistent with the laws
			 and rules governing the commission.
(3) Notwithstanding the provisions of
			 subrules 5.20(1) and 5.20(2), the commission may purchase goods and services
			 through the cooperative or consortium without conducting a separate competitive
			 bidding process so long as the cooperative or consortium uses or used a
			 competitive bidding process or procedure.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 7 - Authorized Use and Users › Rule 751-7.4 - Authorized Facility Connectivity

Current through Register Vol. 47, No. 3, July 24, 2024
The following facilities used by authorized users shall be
				permitted to connect directly to the network.
(1)
Educational facilities.
The following educational facilities may have a direct connection to the
			 network for voice, video and data transmissions including Internet access.
a. Public or private K-12 schools;
b. Public or private school administration
			 facilities;
c. Area education
			 agencies;
d. Local school board
			 offices;
e. Accredited private
			 nonprofit colleges or universities eligible for tuition grants;
f. Regents facilities;
g. Community colleges;
h. Off-site, dedicated classrooms, wherever
			 located;
i. Iowa law enforcement
			 academy;
j. University-affiliated
			 research facilities.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 7 - Authorized Use and Users › Rule 751-7.5 - Use or Access to All Services

Current through Register Vol. 47, No. 3, July 24, 2024
The following persons may use or access the network for voice,
				video and data transmissions including Internet access that exist or may be
				available in the future at the facility of an authorized user if the use is
				consistent with the written mission of the authorized user allowing access to
				the network at its site:
1. All
			 students;
2. Faculty and
			 educational staff;
3. Educational
			 board members and staff;
4. School
			 foundation members;
5. Alumni
			 organization members;
6. State and
			 federal employees;
7. State and
			 federal members of boards, commissions, councils, advisory groups and
			 committees;
8. State and federal
			 elected officials;
9. State and
			 federal appointed officials;
10.
			 State and federal judges, judiciary employees, administrative law judges,
			 associate judges, magistrates, referees, mediators and participants;
11. State and federal judicial board or
			 commission members;
12. Employees
			 of the city of Des Moines;
13.
			 Community-based corrections employees;
14. Library employees or volunteer staff
			 members;
15. Library board and
			 staff members;
16. Library
			 users.
17. Persons under the care,
			 control or custody of the department of corrections, judicial district
			 department correctional services, the department of human services, or their
			 agents serving persons under the care, control or custody of the
			 agent.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 7 - Authorized Use and Users › Rule 751-7.6 - Use or Access to Voice and Data Services

Current through Register Vol. 47, No. 3, July 24, 2024
The following persons may use or access the network for voice
				and data transmissions including Internet access that exists or may be
				available in the future at the facility of an authorized user if the use is
				consistent with the written mission of the authorized user and the person or
				persons are acting on behalf of the authorized user:
1. Alumni of educational
			 institutions;
2. Educational member
			 associations;
3. Parent-teacher
			 organizations, for example, parent-teacher associations, home and school
			 associations;
4. Professional
			 boards where educational employees serve, for example, a university professor
			 serves on the board of the Iowa Association of Economists;
5. State and federal government-sponsored
			 entity employees, for example, Federal Home Loan Bank Board employees, Federal
			 Deposit Insurance Corporation employees;
6. Vendors and service providers;
7. State or federal governmental association
			 members;
8. State or federal
			 governmental employee union members;
9. Other state governmental
			 employees;
10. Professional boards
			 where state or federal employees serve, for example, state employees serving on
			 the Association of Business and Industry;
11. City and county employees;
12. Local elected officials;
13. Local boards, commissions, advisory
			 councils or committees;
14. Fire
			 department employees and staff whether paid or volunteer;
15. Local government associations, for
			 example, League of Cities, IS AC.