reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.17 - Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				  17A.13,
				  subsection 1, the board or the presiding officer acting on behalf of the board
				  has the authority to issue subpoenas to compel the attendance of witnesses at
				  depositions or hearings and to compel the production of professional records,
				  books, papers, correspondence and other records which are deemed necessary as
				  evidence in connection with a contested case. A subpoena issued in a contested
				  case under the board's authority may seek evidence whether or not privileged or
				  confidential under law.
(1) Upon the
				written request of a party, the presiding officer shall issue a subpoena to
				compel the attendance of witnesses or to obtain evidence which is deemed
				necessary in connection with a contested case. A command to produce evidence
				may be joined with a command to appear at deposition or hearing or may be
				issued separately.
(2) A request
				for a subpoena shall include the following information, as applicable:
a. The name, address and telephone number of
				the person requesting the subpoena;
b. The name and address of the person to whom
				the subpoena shall be directed;
c.
				The date, time and location at which the person shall be commanded to attend
				and give testimony;
d. Whether the
				testimony is requested in connection with a deposition or hearing;
e. A description of the books, papers,
				records or other evidence requested;
f. The date, time and location for
				production, or inspection and copying.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.18 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
				form for motions is required. However, prehearing motions must be in writing,
				state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
				a motion within ten days after the motion is served, unless the time period is
				extended or shortened by rules of the board 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 imless there is good cause for permitting later action
				or the time for such action is lengthened or shortened by rule of the board 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
				875-84.29
				(17A,89) and appeal pursuant to subrule 84.27(3).
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.19 - Settlements

Current through Register Vol. 47, No. 3, July 24, 2024
A contested case may be resolved by informal settlement, and
				  settlements are encouraged. Settlement negotiations may be initiated at any
				  stage of a contested case by any party. The board shall not be involved in
				  negotiation imtil a written proposed settlement is submitted for approval,
				  unless the parties waive this prohibition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.20 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
				party may request a prehearing conference. A written request for prehearing
				conference or an order for prehearing conference on the presiding officer's own
				motion shall be filed not less than seven days prior to the hearing date. A
				prehearing conference shall be scheduled not less than three business days
				prior to the hearing date. Written notice of the prehearing conference shall be
				given by the presiding officer to all parties. For good cause, the presiding
				officer may permit variances from this rule.
(2) Each party shall bring to the prehearing
				conference:
a. A final list of the witnesses
				who the party anticipates will testify at hearing. Witnesses not listed may be
				excluded from testifying unless there was good cause for the failure to include
				their names.
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 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.21 - 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 imless 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 presiding officer may waive notice of such
				  requests for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.22 - 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. Unless otherwise provided, a withdrawal
				  shall be with prejudice.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.23 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				presiding officer shall have the authority to administer oaths, to admit or
				exclude testimony or other evidence, and to rule on all motions and
				objections.
(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. Any party may be represented by an attorney at the party's own
				expense.
(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.
				The 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, the parties may be given the opportunity to present final
				arguments.
f. The presiding officer
				may enter a default judgment against a party who fails to appear at the
				hearing.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.24 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
				of ficer shall rule on admissibility of evidence and may , where appropriate,
				take of ficial notice of facts in accordance with all applicable requirements
				of law.
(2) Stipulation of facts is
				encouraged. The presiding of ficer may make a decision based on stipulated
				facts.
(3) Evidence in the
				proceeding shall be confined to the contested issues as identified in the
				notice of hearing.
(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 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.26 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the
				  board may review an interlocutory order of the administrative law judge, such
				  as a ruling on a motion to quash a subpoena or other prehearing motion. In
				  determining whether to do so, the board 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 the interlocutory order at the time of the
				  issuance of a final decision 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 date for compliance with the order or the date of
				  hearing, whichever is earlier.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.28 - Contested Cases With No Factual Disputes

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 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.29 - 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.
(3)
Time of filing.
The
				application shall be filed with the board 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.
(5)
Disposition.
The board
				may meet telephonically to consider an application for rehearing. Any
				application for a rehearing shall be deemed denied unless the board grants the
				application within 20 days after its filing.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.30 - Stays of Board Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
				to a contested case proceeding may petition the board for a stay of an order
				issued in that proceeding or for other temporary remedies, pending review by
				the board. The petition shall be filed with the notice of appeal and shall
				state the reasons justifying a stay or other temporary remedy. The board may
				rule on the stay or authorize the administrative law judge to do so.
b. Any party to a contested case proceeding
				may petition the board 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 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.31 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the board's decision may be sought in
				  accordance with the terms of Iowa Code chapter 17A.
(1) Consistent with Iowa Code section I7A.
				19(3), if a party does not file a timely application for rehearing, a judicial
				review petition must be filed with the district court within 30 days after the
				issuance of the board's final decision. The board's final decision is deemed
				issued on the date it is mailed or the date of delivery if service is by other
				means, unless another date is specified in the order.
(2) If a party does file a timely application
				for rehearing, a judicial review petition must be filed with the district court
				within 30 days after the application for rehearing is denied or deemed denied.
				An application for rehearing is denied or deemed denied as provided in subrule
				84.29(5).
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Confidential record"
in these rules means a
				  record which is not available as a matter of right for examination and copying
				  by members of the public under applicable provisions of law. Confidential
				  records include records or information contained in records that the board is
				  prohibited by law from making available for examination by members of the
				  public, and records or information contained in records that are specified as
				  confidential by Iowa Code section
				  22.7, or other
				  provision of law, but that may be disclosed upon order of a court, by the
				  lawful custodian of the record, or by another person duly authorized to release
				  the record. Mere inclusion in a record of information declared confidential by
				  an applicable provision of law does not necessarily make that entire record a
				  confidential record.
"Custodian "
in these rules means the boiler
				  and pressure vessel board.
"Personally identifiable information "
in
				  these rules means information about or pertaining to an individual in a record
				  which identifies the individual and which is contained in a record
				  system.
"Record"
in these rules means the whole or a
				  part of a "public record," as defined in Iowa Code section
				  22.1, that is owned
				  by or in the physical possession of the board.
"Record system "
in these rules means any
				  group of records under the control of the board from which a record may be
				  retrieved by a personal identifier such as the name of an individual, number,
				  symbol, or other unique retriever assigned to an individual.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				  access to open records and sound board determinations with respect to the
				  handling of confidential records and the implementation of the fair information
				  practices Act. The board is committed to the policies set forth in Iowa Code
				  chapter 22; the board shall cooperate with members of the public in
				  implementing the provisions of that chapter.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				  22.7 or other
				  applicable provisions of law, the lawful custodian may disclose certain
				  confidential records to one or more members of the public. Other provisions of
				  law authorize or require the custodian to release specified confidential
				  records under certain circumstances or to particular persons. In requesting the
				  custodian to permit the examination and copying of such a confidential record,
				  the following procedures apply and are in addition to those specified for
				  requests for access to records in rule
				  875-85.3
				  (22,89).
(1)
Proof of
				identity.
A person requesting access to a confidential record may be
				required to provide proof of identity or authority to secure access to the
				record.
(2)
Requests.
The custodian may require a request to examine and
				copy a confidential record to be in writing. A person requesting access to such
				a record may be required to sign a certified statement or affidavit enumerating
				the specific reasons justifying access to the confidential record and to
				provide any proof necessary to establish relevant facts.
(3)
Notice to subject of record and
				opportunity to obtain injunction.
After the custodian receives a
				request for access to a confidential record, and before the custodian releases
				such a record, the custodian may make reasonable efforts to notify promptly any
				person who is a subject of that record, is identified in that record, and whose
				address or telephone number is contained in that record. To the extent such a
				delay is practicable and in the public interest, the custodian may give the
				subject of such a confidential record to whom notification is transmitted a
				reasonable opportunity to seek an injunction under Iowa Code section
				22.8,
				and indicate to the subject of the record the specific period of time during
				which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
				custodian denies a request for access to a confidential record, the custodian
				shall promptly notify the requester If the requester indicates to the custodian
				that a written notification of the denial is desired, the custodian shall
				promptly provide such a notification that is signed by the custodian and that
				includes:
a. The name and title or position
				of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
				authority in the custodian to deny disclosure of the record and a brief
				statement of the reasons for the denial to this requester.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				  request with the custodian to review, and to have a written statement of
				  additions, dissents, or objections entered into, a record containing personally
				  identifiable information pertaining to that person. However, this does not
				  authorize a person who is a subject of such a record to alter the original copy
				  of that record or to expand the official record of any board proceeding.
				  Requester shall send the request to review such a record or the written
				  statement of additions, dissents, or objections to the Boiler and Pressure
				  Vessel Board, Department of Workforce Development, Division of Labor Services,
				  150 Des Moines Street, Des Moines, Iowa 50309. The request to review such a
				  record or the written statement of such a record of additions, dissents, or
				  objections must be dated and signed by requester, and shall include the current
				  address and telephone number of the requester or the requester's
				  representative.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, a
				  person who is the subject of a confidential record may have a copy of the
				  portion of that record concerning the subject disclosed to a third party. A
				  request for such a disclosure must be in writing and must identify the
				  particular record or records that may be disclosed, and the particular person
				  or class of persons to whom the record may be disclosed and, where applicable,
				  the time period during which the record may be disclosed. The person who is the
				  subject of the record and, where applicable, the person to whom the record is
				  to be disclosed, may be required to provide proof of identity. Additional
				  requirements may be necessary for special classes of records. Appearance of an
				  attorney before the board on behalf of a person who is the subject of a
				  confidential record is deemed to constitute consent for the board to disclose
				  records about that person to the person's attorney.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.8 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
				without the consent of the subject.
(2) To the extent allowed by law, disclosure
				of confidential records may occur without the consent of the subject. Following
				are instances where disclosure, if lawful, will generally occur without notice
				to the subject:
a. For a routine use as
				defined in rule
				875-85.9 (17A,89) or
				in the notice for a particular record system.
b. To a recipient who has provided the board
				with advance written assurance that the record will be used solely as a
				statistical research or reporting record, provided that the record is
				transferred in a form that does not identify the subject.
c. To another government agency or to an
				instrumentality of any governmental jurisdiction within or imder the control of
				the United States for a civil or criminal law enforcement activity if the
				activity is authorized by law, and if an authorized representative of the
				government agency or instrumentality has submitted a written request to the
				board specifying the record desired and the law enforcement activity for which
				the record is sought.
d. To an
				individual pursuant to a showing of compelling circumstances affecting the
				health or safety of any individual if anotice of the disclosure is transmitted
				to the last-known address of the subject.
e. To the legislative services
				agency.
f. Disclosures in the
				course of employee disciplinary proceedings.
g. In response to a court order or
				subpoena.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.9 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
"Routine use" means the disclosure of a record without the
				  consent of the subject or subjects for a purpose which is compatible with the
				  purpose for which the record was collected. "Routine use" includes disclosures
				  required to be made by statute other than the public records law, Iowa Code
				  chapter 22. To the extent allowed by law, the following uses are considered
				  routine uses of all board records:
(1)
				Disclosure to those officers, employees, and agents of the board who have a
				need for the record in the performance of their duties. The custodian of the
				record may, upon request of any officer or employee, or on the custodian's own
				initiative, determine what constitutes a legitimate need to use confidential
				records.
(2) Disclosure of
				information indicating an apparent violation of the law to appropriate law
				enforcement authorities for investigation and possible criminal prosecution,
				civil court action, or regulatory order.
(3) Disclosure to the department of
				inspections and appeals for matters in which it is performing services or
				functions on behalf of the board.
(4) Transfers of information within the
				board, to other state agencies, or to local units of government as appropriate
				to administer the program for which the information is collected.
(5) Information released to staff of federal
				and state entities for audit purposes or for purposes of determining whether
				the board is operating a program lawfully.
(6) Any disclosure specifically authorized by
				the statute under which the record was collected or maintained.
(7) Disclosure to the public and news media
				of pleadings, motions, orders, final decisions, and informal settlement filed
				in appeal proceedings.
(8)
				Transmittal to the district court of the record injudicious review proceedings
				pursuant to Iowa Code section
				17A.19.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.10 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
				subject individual.
To the extent permitted by law, the subject may
				consent in writing to board disclosure of confidential records as provided in
				rule
				875-85.7
				(22,89).
(2)
Complaints to
				public officials.
A letter from a subject of a confidential record to
				a public official which seeks the official's intervention on behalf of the
				subject in a matter that involves the board may, to the extent permitted by
				law, be treated as an authorization to release sufficient information about the
				subject to the official to resolve the matter.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.11 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				subject of a confidential record may file a written request to review
				confidential records about that person. However, the board need not release the
				following records to the subject:
a. The
				identity of a person providing information to the board need not be disclosed
				directly or indirectly to the subject of the information when the information
				is authorized to be held confidential pursuant to Iowa Code section
				22.7(18)
				 or other provision of law.
b. Records need not be disclosed to the
				subject when they are the work product of an attorney or are otherwise
				privileged.
c. Peace officers'
				investigative reports may be withheld from the subject, except as required by
				the Iowa Code. (Iowa Code section
				22.7(5)
				)
d. Other records may be withheld from the
				subject as authorized by law.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.12 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Board records are open for public inspection and
				copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
				listed by category, according to the legal basis for withholding them from
				public inspection.
a. Personal information in
				confidential personnel records of board members and licensees. (Iowa Code
				section
				22.7(11)
				)
b. Minutes and tapes of closed
				meetings of the board. (Iowa Code section
				21.5(5)
				)
c. Information or records
				received from a restricted source and any other information or records made
				confidential by law.
d. Records
				which constitute attorney work products or attorney-client communications or
				which are otherwise privileged pursuant to Iowa Code section
				22.7,
				622.10
				or
				622.11, state and
				federal rules of evidence or procedure, the Code of Professional
				Responsibility, and case law.
e.
				Identifying details in final orders, decisions and opinions to the extent
				required to prevent a clearly unwarranted invasion of personal privacy or trade
				secrets under Iowa Code section
				17A.3(1)
"e."
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.13 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
(1) Require the board to index or retrieve
				records that contain information about individuals by a person's name or other
				personal identifier.
(2) Make
				available to the general public records that would otherwise not be available
				under the public records law, Iowa Code chapter 22.
(3) Govern the maintenance or disclosure of,
				notification of, or access to records in the possession of the board that are
				governed by the regulations of another agency.
(4) Apply to grantees, including local
				governments or subdivisions thereof, administering state-funded programs,
				unless otherwise provided by law or agreement.
(5) Make available records compiled by the
				board in reasonable anticipation of court litigation or formal administrative
				proceedings. The availability of such records to the general public or to any
				subject individual or party to such litigation or proceedings shall be governed
				by applicable legal and constitutional principles, statutes, rules of
				discovery, evidentiary privileges, and applicable rules of the board.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				  identifiable information which is collected, maintained, and retrieved by the
				  board by personal identifier in record systems. For each record system, this
				  rule describes the legal authority for the collection of that information. The
				  record systems maintained by the board are:
(1)
Personnel records.
These
				records contain personal information about board members which may be
				confidential pursuant to Iowa Code section
				22.7(11).
				The records may include but are not limited to biographical information,
				medical information relating to disability, and information required for
				expense reimbursement.
(2)
Contested case records.
Contested case records are maintained
				and contain names of the people involved. Evidence and documents submitted as a
				result of a hearing are contained in the contested case records. These records
				are collected pursuant to Iowa Code section
				89.14.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.15 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the board
				  other than record systems. These records are routinely available to the public.
				  However, the board's files of these records may contain confidential
				  information. These records may contain information about individuals. These
				  records include:
(1)
Rule-making records.
Rule-making records may contain
				information about individuals making written or oral comments on proposed
				rules. This information is collected pursuant to Iowa Code section
				17A.4.
				These records are stored on paper and electronically.
(2)
Board records.
Agendas,
				minutes, and materials presented to the board members in preparation for board
				meetings are available from the board office, except those records concerning
				closed sessions which are exempt from disclosure under Iowa Code section
				21.5(5). Board records contain information about people who participate in
				meetings. This information is collected pursuant to Iowa Code section
				21.3.
				This information is stored on paper and electronically.
(3)
Board decisions, findings of
				fact, final orders, and other statements of law, policy, or declaratory orders
				issued by the board in the performance of its functions.
These records
				are open to the public except for information that is confidential according to
				rule 875-85.12 (21,22,89). This
				information is stored on paper and electronically.
(4)
Waivers and variances.
Requests for waivers and variances, board proceedings and rulings on such
				requests, and reports prepared for the administrative rules review committee
				and others are stored on paper and electronically.
(5)
Publications.
News
				releases, project reports, newsletters, and other publications are available
				from the board office. These records may contain information about individuals.
				This information is stored on paper and electronically, and some publications
				may be found on the board's website.
(6)
Other records.
Other
				records that are not exempted from disclosure by law may be stored on paper or
				electronically.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.16 - Data Processing System

Current through Register Vol. 47, No. 3, July 24, 2024
Board records are not stored in a data processing system
				  which matches, collates, or permits comparison of personally identifiable
				  information in one record system with personally identifiable information in
				  another record system.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 85 - Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board › Rule 875-85.17 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Persons that are requested by the board to provide
				  information to the board are notified pursuant to this rule of uses the board
				  will make of the information.
(1) The
				board may request names and affiliations from members of the public that attend
				board meetings. Except for closed sessions, the records of board meetings are
				public records and information supplied will be subject to records requests
				pursuant to this chapter and Iowa Code chapter 22. Provision of this
				information is voluntary and there will be no consequences for failure to
				provide requested information unless the person is also covered by subrule
				85.17(2).
(2) The board will
				request name, contact information, and affiliation from persons requesting
				board action. This information will be used as needed to process the request
				for board action. Requests for board action are public records and information
				supplied will be subject to open records requests pursuant to this chapter and
				Iowa Code chapter 22. Insufficient contact information provided with the
				request for board action could result in a denial of the request for board
				action.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 90 - Administration of the Boiler and Pressure Vessel Program › Rule 875-90.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
These rules institute administrative and operational
				  procedures for implementation of Iowa Code chapter 89. An object shall not be
				  considered "under pressure" and shall not be within the scope of Iowa Code
				  chapter 89 when there is clear evidence that the manufacturer did not intend it
				  to be operated at more than 3 psi and the object is operating at 3 psi or less.
				  Jurisdiction is limited to objects, appurtenances, controls, safety devices,
				  and equipment rooms as required by Iowa rules.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 90 - Administration of the Boiler and Pressure Vessel Program › Rule 875-90.3 - Iowa Identification Numbers

Current through Register Vol. 47, No. 3, July 24, 2024
All objects shall be identified by an Iowa identification
				  number. State inspectors and special inspectors shall assign identification
				  numbers as directed by the division to all jurisdictional objects that lack
				  numbers. Identification numbers shall be attached in plain view to the object
				  using one of the following methods:
1.
				A yellow sticker 2 inches by 3 inches affixed to the object and bearing the
				number
2. A metal tag I inch by 2/4
				inches affixed to the object and bearing the number
3. Numbers at least 5/16 of an inch high and
				stamped directly on the object.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 90 - Administration of the Boiler and Pressure Vessel Program › Rule 875-90.5 - Preinspection Owner or User Preparation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Preparation of objects.
Each owner or user shall ensure that each object covered by Iowa Code chapter
				89 is prepared for inspection pursuant to this rule.
(2)
Confined space and lockout,
				tagout procedures.
a. It is the
				responsibility of the owner or user to assess all objects for compliance with
				the confined space and lockout, tagout standards pursuant to
				29 CFR
				1910.146 and
				1910.147.
				If an object is a non-permit-required confined space or a permit-required
				confined space as defined by
				29 CFR
				1910.146, the owner or user must comply with
				all applicable requirements of
				29 CFR
				1910.146 and 1910147 in preparing the object
				for inspection.
b. It is the duty
				of the owner or user to inform any inspector of the owner's or user's confined
				space entry and lockout, tagout procedures and supply to the inspector all
				information necessary to assess whether the confined space is safe for entry.
				It is the right of an inspector to verify any of the information
				supplied.
c. If the requirements of
				29 CFR
				1910.146 and
				1910.147
				are not met, the inspector shall not enter the space. If there is a breach of
				the procedure or the procedure is inconsistent with
				29 CFR
				1910.146 or
				1910.147,
				the inspection process shall cease until the space is reassessed and determined
				to be safe or the procedure is rewritten in a manner consistent with the
				standards. No inspector shall violate the owner's or user's confined space or
				lockout, tagout procedures in making an inspection.
d. The owner or user shall have all objects
				locked and tagged, as applicable, prior to the inspector's entry for inspection
				or testing.
e. For entry into a
				permit-required confined space, the owner or user shall provide the necessary
				equipment such as air monitors and a qualified attendant who has received all
				the information relevant to the entry.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 90 - Administration of the Boiler and Pressure Vessel Program › Rule 875-90.6 - Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
All boilers and unfired steam pressure vessels
				covered by Iowa Code chapter 89 shall be inspected according to the
				requirements of the National Board Inspection Code (2021), which is hereby
				adopted by reference. A division inspector or special inspector must perform
				the inspections.
(2)
Schedule.
a. All required
				inspections must be performed according to the schedule set forth in Iowa Code
				section 89.3, unless an exception is set
				forth in this rule.
b. Except for
				inspections of unfired steam pressure vessels operating in excess of 15 pounds
				per square inch and low pressure steam boilers, each certificate inspection
				must be performed within a 60-day period prior to the expiration date of the
				operating certificate. Modification of this 60-day period will be permitted
				only upon written application showing just cause for waiver of the 60-day
				period.
c. Special inspections may
				be conducted when deemed necessary by the division and the object's owner or
				user.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 90 - Administration of the Boiler and Pressure Vessel Program › Rule 875-90.7 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Special
				inspector commission fee.
A $55 fee shall be paid annually to the
				commissioner to obtain a special inspector commission pursuant to Iowa Code
				section
				89.7.
(2)
Certificate fee.
A $40
				fee shall be paid for each one-year certificate, an $80 fee shall be paid for
				each two-year certificate, and a $160 fee shall be paid for each four-year
				certificate.
(3)
Fees for
				inspection.
An inspection fee for each object inspected by a division
				inspector shall be paid by the appropriate party as follows:
a. A $55 fee for each water heater supply
				boiler.
b. A $95 fee for each
				boiler, other than a water heater supply boiler, having a working pressure up
				to and including 450 pounds per square inch or generating between 20,000 and
				100,000 pounds of steam per hour.
c. A $215 fee for each boiler, other than a
				water heater supply boiler, having a working pressure in excess of 450 pounds
				per square inch and generating in excess of 100,000 pounds of steam per
				hour.
d. A $55 fee for each
				pressure vessel, such as steam stills, tanks, jacket kettles, sterilizers and
				all other reservoirs having a working pressure of 15 pounds or more per square
				inch.
e. An additional fee will be
				charged if, upon the request of an owner or user, the labor commissioner agrees
				to any non-routine schedule for an inspection outside of normal business hours,
				a special inspection, or a site visit. The additional fee will be calculated at
				a rate of $200 per hour, including travel time, with a minimum charge of
				$400.
f. If a boiler or pressure
				vessel has to be reinspected, there shall be another inspection fee as
				specified above.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 90 - Administration of the Boiler and Pressure Vessel Program › Rule 875-90.8 - Certificate

Current through Register Vol. 47, No. 3, July 24, 2024
No boiler or pressure vessel shall be operated without a
				  current, valid certificate to operate. A certificate to operate shall not be
				  issued until the boiler or pressure vessel is in compliance with the applicable
				  rules and all fees have been paid. The current certificate to operate or a copy
				  of the current certificate to operate shall be conspicuously posted in the room
				  where the object is installed.