reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.9 - Service of Administrative Actions

Current through Register Vol. 47, No. 3, July 24, 2024
Any administrative action taken against an applicant or
				occupational licensee shall be served on the applicant or occupational licensee
				by personal service or by certified mail with return receipt requested to the
				last-known address on the application.
(1) If the applicant or licensee is
			 represented by legal counsel, a copy of the written decision shall also be
			 provided to legal counsel by regular mail. However, the applicant or licensee
			 must still be served in accordance with this rule.
(2) If the administrative action involves an
			 alleged medication violation that could result in disqualification of a
			 contestant, the stewards shall provide by regular mail notice of the hearing
			 and all subsequent rulings to the owner of the contestant.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.10 - Appeals of Administrative Actions

Current through Register Vol. 47, No. 3, July 24, 2024
A license applicant or an occupational licensee may appeal a
				denial, suspension or ruling. An appeal must be made in writing to the office
				of the gaming representative or the commission office in Des Moines. An appeal
				may also be filed by facsimile, electronic mail, or any other method as
				determined by the administrator. The appeal must be received within 72 hours of
				service of the decision and is not considered filed until received by the
				commission. For any appeal of a decision rendered pursuant to 491-paragraph
				10.4(4)
"d"
(3)
"1"
the appeal must be received
				within 72 hours of any such decision and the standard of review will be abuse
				of discretion. The appeal must contain numbered paragraphs and set forth the
				name of the person seeking review; the decision to be reviewed; separate
				assignments of error; clear and concise statement of relevant facts; reference
				to applicable statutes, rules or other authority; prayer setting forth relief
				sought; and signature, name, address, and telephone number of the person
				seeking review or that person's representative; or shall be on a form
				prescribed by the commission. If a licensee is granted a stay of a suspension
				pursuant to 491-4.45 (17A) and the ruling is
				upheld in a contested case proceeding, the board of stewards may reassign the
				dates of suspension so that the suspension dates are served in the state of
				Iowa.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.20 - Requests for Contested Case Proceedings Not Covered in Division I

Current through Register Vol. 47, No. 3, July 24, 2024
Any person or entity claiming an entitlement to a contested
				case proceeding, which is not otherwise covered by the procedures set forth in
				Division I, shall file a written request for such a proceeding within the time
				specified by the particular rules or statutes governing the subject matter or,
				in the absence of such law, the time specified in the commission action in
				question.
The request for a contested case proceeding should state the
				name and address of the requester, identify the specific commission action
				which is disputed and, if 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.21 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
			 commencement of the contested case proceeding. Delivery may be executed by:
a. Personal service as provided in the Iowa
			 Rules of Civil Procedure; or
b.
			 Certified mail, return receipt requested; or
c. First-class mail; or
d. Publication, as provided in the Iowa Rules
			 of Civil Procedure.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.22 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
Contested case hearings may be heard directly by the
				commission. The commission, or the administrator, shall decide whether it will
				hear the appeal or whether the appeal will be heard by an administrative law
				judge who shall serve as the presiding officer. When the appeal is heard by an
				administrative law judge, the administrative law judge is authorized to issue a
				proposed decision.
(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, appeals, and licensing must file a written request within 20 days
			 after service of a notice of hearing which identifies or describes the
			 presiding officer as the commission chair, members of the commission or
			 commission employees.
(2) The
			 administrator may deny the request only upon a finding that one or more of the
			 following apply:
a. Neither the administrator
			 nor any officer of the commission under whose authority the contested case is
			 to take place is a named party to the proceeding or a real party in interest to
			 that proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
d. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
e.  Funds are unavailable
			 to pay the costs of an administrative law judge and an interagency
			 appeal.
f. The request was not
			 timely filed.
g. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.23 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter However, the commission
				in its discretion may refuse to give effect to such a waiver when it deems the
				waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.24 - 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 opportimity to
				participate. Other telephone proceedings may be held with the consent of all
				parties. The presiding officer will determine the location of the parties and
				witnesses for telephone hearings. The convenience of the witnesses or parties,
				as well as the nature of the case, will be considered when location is
				chosen.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.25 - 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.26 - 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.27 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pleadings,
			 other than the notice of appeal, will not be required in appeals from a
			 licensing decision by a gaming representative, gaming board, or board of
			 stewards. However, pleadings may be required in other contested cases or as
			 ordered by 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.28 - 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 commission at 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321. 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 commission office at 6200 Park Avenue, Suite 100, Des Moines,
			 Iowa 50321, 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 (agency
				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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.29 - 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 opportimity to
			 respond within ten days of the filing of the motion unless the time is
			 shortened as provided in subrule 4.29(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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.30 - 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.31 - 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 shall comply
			 with the requirements of Iowa Rule of Civil Procedure 1.981 and shall be
			 subject to disposition according to the requirements of that rule to the extent
			 such requirements are not inconsistent with the provisions of this rule or any
			 other provision of law governing the procedure in contested cases.
Motions for summary judgment must be filed and served at least
				45 days prior to the scheduled hearing date, or other time period determined by
				the presiding officer. Any party resisting the motion shall file and serve a
				resistance within 15 days, unless otherwise ordered by the presiding officer,
				from the date a copy of the motion was served. The time fixed for hearing or
				nonoral submission shall be not less than 20 days after the filing of the
				motion, unless a shorter time is ordered by the presiding officer A summary
				judgment order rendered on all issues in a contested case is subject to
				rehearing pursuant to rule 491-4.44(17A) and appeal pursuant to rule
				491-4.43
				(17A).
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.32 - 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 commission 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.
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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.33 - 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.34 - 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.35 - 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 intervenor's participation in the
			 proceeding.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.36 - 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 afiirmed 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.37 - 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 opportimity 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.40 - 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.41 - 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.42 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When the
			 commission presides over the reception of evidence at the hearing, its decision
			 is a final decision.
(2) When the
			 commission does not preside at the reception of evidence, the presiding officer
			 shall make a proposed decision. The proposed decision becomes the final
			 decision of the commission without further proceedings unless there is an
			 appeal to, or review on motion of, the commission within the time provided in
			 rule
			 491-4.43
			 (17A).
(3) The commission has the
			 authority to deny, suspend, or revoke any license applied for or issued by the
			 commission or to fine a licensee or a holder of an occupational
			 license.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.43 - 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 10 days after issuance of the
			 proposed decision.
(2)
Review.
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. 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.44 - 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 agency decision on the existing record and whether, on the basis of
			 the grounds enumerated in subrule 4.43(4), the applicant requests an
			 opportimity 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.45 - 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 for a stay shall be filed with the notice of
			 appeal and shall state the reasons justifying a stay or other temporary remedy.
			 The administrator 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 for a stay shall state the reasons justifying a stay or other
			 temporary remedy.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.46 - 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 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.47 - 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, the commission, gaming
			 representatives, or stewards may issue a written order in compliance with Iowa
			 Code section
			 17A.18 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 the issuing of 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 491 - Racing and Gaming Commission › Chapter 5 - Track, Gambling Structure, and Excursion Gambling Boat Licensees' Responsibilities › Rule 491-5.1 - In General

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the requirements placed upon an
				applicant shall become a requirement to the licensee once a license to race or
				operate a gaming facility has been granted. Every license is granted upon the
				condition that the license holder shall accept, observe, and enforce the rules
				and regulations of the commission. It is the affirmative responsibility and
				continuing duty of each officer, director, and employee of said license holder
				to comply with the requirements of the application and conditions of the
				license and to observe and enforce the rules. The holding of a license is a
				privilege. The burden of proving qualifications for the privilege to receive
				any license is on the licensee at all times. A licensee must accept all risks
				of adverse public notice or public opinion, embarrassment, criticism, or
				financial loss that may result from action with respect to a license. Licensees
				further covenant and agree to hold harmless and indemnify the Iowa racing and
				gaming commission from any claim arising from any action of the commission in
				connection with that license. This chapter applies to a license to race or
				operate a gaming facility unless otherwise noted.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 5 - Track, Gambling Structure, and Excursion Gambling Boat Licensees' Responsibilities › Rule 491-5.2 - Annual Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Licensees shall submit audits to the commission as required by
				Iowa Code sections
				99D.20
				and
				99F.13.
(1) The audit of financial transactions and
			 condition of licensee's operation shall include:
a. An internal control letter;
b. Documentation that the audit shall be
			 conducted by certified public accountants authorized to practice in the state
			 of Iowa under Iowa Code chapter 542;
c. A balance sheet; and
d. A profit-and-loss statement pertaining to
			 the licensee's activities in the state, including a breakdown of expenditures
			 and subsidies.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 5 - Track, Gambling Structure, and Excursion Gambling Boat Licensees' Responsibilities › Rule 491-5.4 - Uniform Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Maintenance of premises and facilities.
Each licensee shall at
			 all times maintain its premises and facilities so as to be neat and clean, well
			 landscaped, painted and in good repair, handicapped accessible, with special
			 consideration for the comfort and safety of patrons, employees, and other
			 persons whose business requires their attendance.
(2)
Facilities for
			 commission.
Each licensee shall provide reasonable, adequately
			 furnished office space, including utilities, direct long-distance access for
			 voice and data lines, custodial services, and necessary office equipment, and,
			 if applicable, work space on the boat for the exclusive use of the commission
			 employees and officials. The licensee shall also make available appropriate
			 parking places for commission staff.
(3)
Sanitary facilities for
			 patrons.
Each licensee shall, on every day of operation, provide
			 adequate and sanitary toilets and washrooms and furnish free drinking water for
			 patrons and persons having business on the licensee's premises.
(4)
First-aid room.
a. During all hours of operation, each
			 licensee shall equip and maintain adequate first-aid facilities and have, at a
			 minimum, one employee trained in CPR, first aid, and the use of the automated
			 external defibrillator (AED). During live racing at horse racetracks and while
			 excursion gambling boats are cruising, the licensee shall have present either a
			 physician, a physician assistant, a registered nurse, a licensed practical
			 nurse, a paramedic, or an emergency medical technician.
b. All individuals specified under paragraph
			 5.4(4)
"a"
must be currently licensed or certified, including
			 active status, in accordance with the requirements of the Iowa department of
			 health and human services.
c. Each
			 licensee is required to have a properly functioning and readily accessible AED
			 at the licensee's facility.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 5 - Track, Gambling Structure, and Excursion Gambling Boat Licensees' Responsibilities › Rule 491-5.6 - Excursion Gambling Boat Uniform Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Excursion gambling boat.
a.
Capacity.
The minimum
			 passenger capacity necessary for an excursion gambling boat is 250.
b.
Excursion boat.
A
			 self-propelled, floating "vessel" as defined by the U.S. Coast Guard may
			 contain more than one vessel. In order to be utilized for gaming purposes, the
			 vessel containing the casino must either contain a permanent means of
			 propulsion or have its means of propulsion contained in an attached vessel. In
			 the event that the vessel containing the casino is propelled by a second
			 vessel, the boat will be considered self-propelled only when the vessels are
			 designed, constructed, and operated as a single unit.
c.
Moored barge.
"Barge"
			 means any stationary structure approved by the commission, where the entire
			 gaming floor is located on or near a body of water as defined under Iowa Code
			 section 99F.7, subsection 1, and which
			 facility is subject to land-based building codes rather than maritime or Iowa
			 department of natural resources inspection laws and regulations.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 6 - Occupational and Vendor Licensing › Rule 491-6.3 - Waiver of Privilege

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant may claim a privilege afforded by the Constitution
				of the United States or of the state of Iowa in refusing to answer questions of
				the commission. However, a claim of privilege with respect to any testimony or
				evidence pertaining to an application may constitute sufficient grounds for
				denial.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 6 - Occupational and Vendor Licensing › Rule 491-6.4 - License Acceptance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Occupational license (license).
The license shall be displayed
			 in a conspicuous manner on the licensee's clothing at all times while the
			 licensee is on duty unless otherwise permitted by the commission
			 representative. A licensee is prohibited from defacing, altering, or modifying
			 a license.
(2)
Knowledge of
			 rules.
By acceptance of a license from the commission, the licensee
			 agrees to follow and comply with the rules of the commission and Iowa statutes
			 pertaining to racing and gaming, to report immediately to the commission
			 representative any known irregularities or wrongdoing involving racing or
			 gaming and to cooperate in subsequent investigations. Commission rules are
			 available on the commission's website atirgc.iowa.gov.
(3)
Search and seizure.
Acceptance of a license from the commission by any licensee is deemed consent
			 to search and inspection by a commission or DCI representative and to the
			 seizure of any prohibited medication, drugs, paraphernalia or
			 devices.
(4)
Misuse of
			 license.
No person shall exercise or attempt to exercise any of the
			 powers, privileges, or prerogatives of a license unless and until the
			 appropriate licensing form has been executed and filed with the commission
			 except under subrule 6.2(6). The commission shall exercise the power to
			 regulate the conduct of all persons holding licenses or participating in racing
			 or gaming.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 6 - Occupational and Vendor Licensing › Rule 491-6.6 - Applications for License After Denial, Revocation, or Suspension

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person
			 whose license was denied or revoked may reapply for a license in accordance
			 with the commission's rules governing applications. However, the applicant must
			 satisfy the following conditions:
a. The
			 applicant shall bear the burden of proof of establishing satisfaction with all
			 license criteria and shall provide proof of satisfaction of any terms or
			 conditions imposed as a part of the commission's order denying or revoking the
			 license;
b. The applicant shall
			 allege facts and circumstances establishing, to the commission's satisfaction,
			 sufficient evidence of rehabilitation and that the basis for the denial or
			 revocation no longer exists;
c. The
			 applicant shall establish that the public interest and the integrity of racing
			 and gaming would not be adversely affected if a license is granted;
			 and
d. If the license was revoked,
			 a new application shall not be filed until five years have elapsed from the
			 date of the order of revocation.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 6 - Occupational and Vendor Licensing › Rule 491-6.7 - Probationary Period Placed on a License

Current through Register Vol. 47, No. 3, July 24, 2024
The commission representative or the board may place a
				probationary period on a license. The terms of the probationary period shall
				include the effective dates, conditions placed on the licensee and any penalty
				for failure to follow those conditions, including fine, suspension, denial, or
				revocation.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 6 - Occupational and Vendor Licensing › Rule 491-6.8 - Duration of License

Current through Register Vol. 47, No. 3, July 24, 2024
A license issued by the commission is valid for three calendar
				years. The license shall expire at the end of the third calendar year, unless
				an extension is granted by the administrator.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 6 - Occupational and Vendor Licensing › Rule 491-6.9 - Licensed Employees Moving From One Location to Another

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Once an applicant obtains an occupational
			 license from the commission and is in good standing, the applicant is eligible
			 to work at any of the facilities in the state of Iowa.
(2) When a facility hires a person who is
			 already in possession of a current occupational license, a list of the
			 person(s) hired must be filed weekly with the local commission office before
			 the person(s) begins working. The list should contain the license number, name,
			 social security number, and birth date of each person hired.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 6 - Occupational and Vendor Licensing › Rule 491-6.10 - Required Report of Discharge of Licensed Employee

Current through Register Vol. 47, No. 3, July 24, 2024
Upon discharge of any licensed employee by any licensed
				employer for violation of rules or laws within the jurisdiction of the
				commission, the employer must report that fact in writing, within 72 hours, to
				the local commission office, including the name and occupation of the
				discharged licensee. In the case of discharge of a board member of an internet
				fantasy sports contest service provider, the employer must report that fact in
				writing, within 72 hours, to the Des Moines commission office, including the
				name and occupation of the discharged licensee.