reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 2 - Registration › Rule 193G-2.4 - Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The interior designer is responsible for
			 verifying the accuracy of the information submitted on applications regardless
			 of how the application is submitted or by whom it is submitted. For instance,
			 if the office manager of an interior designer's firm submits an application for
			 renewal on behalf of the interior designer and that information is incorrect,
			 the interior designer will be held responsible for the information and may be
			 subject to disciplinary action.
(2)
			 Persons applying for initial, renewal, or reciprocal registration shall submit
			 an application on a form provided by the board and shall pay a registration fee
			 of $275. Certificates issued to registrants with last names beginning with A
			 through K shall expire on June 30 of even-numbered years, and certificates
			 issued to registrants with last names beginning with L through Z shall expire
			 on June 30 of odd-numbered years. An applicant applying for initial,
			 reciprocal, or reinstatement registration within 12 months from the applicant's
			 required renewal date shall pay half of the required fee. An applicant applying
			 for initial, reciprocal, or reinstatement registration more than 12 months from
			 the applicant's required renewal date shall pay the full registration
			 fee.
(3) Fee schedule.
Type of fee
Amount
Initial registration fee
$275
Reciprocal registration fee
$275
Formal wall certificate
$50
Renewal
$275
Late renewal fee
$25
Reinstatement of lapsed registration
$100
License predetermination fee
$25
All fees are nonrefundable.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 3 - Continuing Education › Rule 193G-3.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, the following definitions shall
						apply:
"Contact hour"
means one 60-minute clock hour
						of educational activity of which at least 50 minutes is devoted to
						instructional content. Where other units of credit are stated for an
						educational experience (e.g.,"CEUs"), they shall be credited in terms of actual
						contact hours.
"Distance education"
means any education
						process based on the geographical separation of student and instructor.
"Health, safety and welfare subjects"
or
"HSW subjects"
means subjects that relate to the planning and
						designing of spaces and elements to minimize the risk of injury to persons or
						property. Such subjects include compliance with applicable building and safety
						codes, the planning and designing of spaces and elements that optimize over
						time the physically and mentally healthful use of those spaces and elements,
						and the planning and designing of spaces and elements that are durable,
						maintainable, cost-effective, environmentally conscientious and conservative of
						resources; that function properly in all relevant respects; that encourage
						access, functional independence and use by all relevant populations; that
						encourage user satisfaction, including aesthetic appeal; that promote a sense
						of user confidence and peace of mind; that integrate effectively with the
						surrounding environment; and that, in other similar ways, enhance the health,
						safety and well-being of the public.
"Structured activity"
means a method of
						interior design-related learning led by a qualified individual and conducted or
						sponsored by a professional organization, technical organization, industry
						source or accredited college or university taught in person or through distance
						education.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 3 - Continuing Education › Rule 193G-3.2 - Continuing Education Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Hours required.
			 Each registrant shall complete a minimum of 10 contact hours in acceptable
			 health, safety and welfare subjects for continuing education. All hours shall
			 be in structured activity programs and must be acquired during the renewal
			 period. Carryover hours from a previous renewal are not allowed.
(2) Continuing education hours need not be
			 acquired in this state, provided that the registrant can demonstrate that the
			 program meets the definition of structured activity as defined in this
			 chapter.
(3) A registered interior
			 designer who holds a registration in Iowa for less than 12 months from the date
			 of initial registration shall not be required to report continuing education at
			 the first registration renewal. A registered interior designer who holds a
			 registration in Iowa for 12 months or more, but less than 24 months from the
			 date of initial registration, shall be required to report 5 contact hours of
			 HSW subjects in a structured activity, earned in the preceding 12 months, at
			 the first registration renewal.
(4)
			 Sources of continuing education. Credit may not be claimed for any activity
			 required as part of a registered interior designer's routine professional
			 responsibilities. Structured activities include:
a. Completion of any program or course
			 sponsored by a professional or technical organization or industry
			 source.
b. Instruction of a course,
			 seminar, lecture, presentation, workshop or similar formal educational program.
			 Credit shall be allowed at a maximum of 3 preparation hours for each class hour
			 spent for actual presentation, valid for the initial presentation only. College
			 and university faculty may not claim contact or preparation credit for teaching
			 regular curriculum courses.
c.
			 Research that is formally presented to the profession or public. Credit shall
			 be allowed at a maximum of 4 contact hours per reporting period and shall be
			 valid for the initial presentation only.
d. Completion of college or university credit
			 courses dealing with interior design-related subjects. Each semester hour shall
			 equal 15 contact hours. A quarter hour shall equal 10 contact hours.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 3 - Continuing Education › Rule 193G-3.3 - Controls and Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An applicant
			 for registration renewal may be requested to provide, in such manner and at
			 such time as prescribed by the board, a signed statement, under penalty of
			 perjury, on forms provided by the board, setting forth the continuing education
			 in which the registrant has participated.
a.
			 When an applicant is requested to provide a listing of the continuing education
			 completed for structured activities, the information shall include:
(1) School, firm or organization conducting
			 the course.
(2) Location of
			 course.
(3) Title of course or
			 description of content.
(4)
			 Principal instructor.
(5) Dates
			 attended.
(6) Hours
			 claimed.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 3 - Continuing Education › Rule 193G-3.4 - Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
If the board disallows any continuing education hours, the
						registrant shall have 60 days from notice of such disallowance to either
						provide further evidence of having completed the continuing education hours
						disallowed or remedy the disallowance by completing the required number of
						continuing education hours (provided that such continuing education hours shall
						not again be used for the next renewal). In the event of denial, in whole or in
						part, of any application for approval of credit for continuing education
						activity, the registrant shall have the right, within 20 days after the date of
						notification of the denial by mail, to request a hearing by the board. The
						hearing shall be held within 60 days after receipt of the request for the
						hearing. The decision of the board shall be final. If the board finds, after
						proper notice and hearing, that the registrant willfully disregarded the
						continuing education requirements set forth in this chapter or falsified
						documentation of the required continuing education hours, the registrant may be
						subject to disciplinary action.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 3 - Continuing Education › Rule 193G-3.5 - Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) As
					provided in Iowa Code section
					272C.2(4), a
					registered interior designer shall be deemed to have complied with the
					continuing education requirements set forth in this chapter if during the
					continuing education compliance period the registrant:
a. Has served honorably on active duty in the
					military service; or
b. Is a
					resident of another state or district having a continuing education requirement
					for registered interior design and has complied with all requirements of that
					state or district for practice therein; or
c. Is a government employee working as a
					registered interior designer outside the United States.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 3 - Continuing Education › Rule 193G-3.6 - Grounds for Denial of Registration Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
Failure of a registrant to complete the continuing education
						requirements as set forth in this chapter, or failure to file a report of
						completed continuing education, or failure to submit a written request for
						waiver or exemption shall be grounds for the board to deny renewal of the
						registration.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 4 - Professional Conduct › Rule 193G-4.1 - Rules of Conduct

Current through Register Vol. 47, No. 3, July 24, 2024
A registered interior designer shall maintain a high standard
				of integrity and professional responsibility within the profession of
				registered interior design to protect the public health, life, safety, and
				welfare. Failure by a registrant to adhere to the provisions of Iowa Code
				section 272C.10 and chapter 544C and the following rules of conduct may be
				grounds for disciplinary action.
(1)
Competence.
a. A registered
			 interior designer shall act with reasonable care and competence and apply the
			 technical knowledge and skill ordinarily applied by a registered interior
			 designer of good standing providing interior design services in the same
			 locality.
b. The board may initiate
			 discipline against a registered interior designer or may, when appropriate,
			 refer a registered interior designer to the board's impaired practitioner
			 review committee based on habitual intoxication or addiction to the use of
			 drugs or other impairment that adversely affects the registrant's ability to
			 practice in a safe and competent manner.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 5 - Disciplinary Authority and Grounds for Discipline › Rule 193G-5.1 - Disciplinary Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The board is empowered to administer Iowa Code chapters 17A,
						272C, and 544C and related administrative rules for the protection and
						well-being of those persons who may rely upon registered individuals for the
						performance of interior design services within this state or for clients in
						this state. To perform these functions, the board is broadly vested with
						authority to review and investigate alleged acts or omissions of registrants,
						determine whether disciplinary proceedings are warranted, initiate and
						prosecute disciplinary proceedings, establish standards of professional
						conduct, and impose discipline.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 5 - Disciplinary Authority and Grounds for Discipline › Rule 193G-5.2 - Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board may initiate disciplinary action against a registered
						interior designer on any of the following grounds:
1. A violation of any of the rules of
					professional conduct set forth in 193G-Chapter 4.
2. A violation of Iowa Code section
					272C.9(2)  or
					272C.9(3).
3. Failure to comply with an order of the
					board imposing discipline.
4.
					Continuing to practice as a registered interior designer without satisfying the
					continuing education requirement, absent express waiver granted by the
					board.
5. Failure to fully
					cooperate with a registrant disciplinary investigation or investigation against
					a nonregistrant, including failure to respond to a board inquiry within 30
					calendar days of the date of mailing by certified mail of a written
					communication directed to the registrant's last address on file at the board
					office.
6. A violation of Iowa Code
					section 544C.9 or 272C. 10.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 6 - Disciplinary Investigations › Rule 193G-6.1 - Investigative Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The board is authorized by Iowa Code sections
						17A.13(1),
						272C.3,
						272C.4 and
						272C.6(4)  to
						conduct disciplinary investigations to determine whether grounds exist to
						initiate a disciplinary proceeding against a registrant.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 6 - Disciplinary Investigations › Rule 193G-6.2 - Initiation of Disciplinary Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
The board may initiate a registrant disciplinary investigation
						upon the board's receipt of information suggesting that a registrant may have
						violated a law or rule enforced by the board which violation, if true, would
						constitute grounds for registrant discipline. The board may also review the
						publicly available work product of a registrant on a general or random basis to
						determine whether reasonable grounds exist to initiate disciplinary proceedings
						or to conduct a more specific investigation.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 6 - Disciplinary Investigations › Rule 193G-6.3 - Sources of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Without limitation, the following nonexclusive list of
						information sources may form the basis for the initiation of a disciplinary
						investigation or proceeding:
1.
					General or random review of publicly available work product.
2. News articles or other media
					sources.
3. Reports filed with the
					board by the commissioner of insurance pursuant to Iowa Code section
					272C.4(10).
4. Complaints filed with the board by any
					member of the public.
5.
					Registration applications or other documents submitted to the board.
6. Reports to the board from any regulatory
					or law enforcement agency from any jurisdiction.
7. Board audits of registrant compliance with
					conditions for registration, such as continuing education.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 6 - Disciplinary Investigations › Rule 193G-6.4 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
If the subject of a complaint is a member of the board, or if a
						member of the board has a conflict of interest in any disciplinary matter
						before the board, that member shall abstain from participation in any
						consideration of the complaint and from participation in any disciplinary
						hearing that may result from the complaint.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 6 - Disciplinary Investigations › Rule 193G-6.5 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Written complaints may be submitted to the board office by
						mail, E-mail, facsimile, or personal delivery by members of the public,
						including clients, business organizations, nonprofit organizations,
						governmental bodies, registrants, or other individuals or entities with
						knowledge of possible law or rule violations by registrants.
(1)
Contents of a written
					complaint.
Written complaints may be submitted on forms provided by
					the board which are available from the board office and on the board's Web
					site. Written complaints, whether submitted on a board complaint form or in
					other written medium, may contain the following information:
a. The full name, address, and telephone
					number of the complainant (person complaining).
b. The full name, address, and telephone
					number of the respondent (registrant against whom the complaint is
					filed).
c. A statement of the facts
					and circumstances giving rise to the complaint, including a description of the
					alleged acts or omissions which the complainant believes demonstrate that the
					respondent has violated or is violating laws or rules enforced by the
					board.
d. If known, citations to
					the laws or rules allegedly violated by the respondent.
e. Evidentiary supporting documentation.
f. Steps, if any, taken by the
					complainant to resolve the dispute with the respondent prior to filing a
					complaint.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 6 - Disciplinary Investigations › Rule 193G-6.6 - Case Numbers

Current through Register Vol. 47, No. 3, July 24, 2024
Whether based on a written complaint received by the board or a
						complaint initiated by the board, all complaint files shall be tracked by a
						case numbering system. Complaints are assigned case numbers in chronological
						order with the first two digits representing the year in which the complaint
						was received or initiated, and the second two digits representing the order in
						which the case file was opened (e.g., 01-01, 01-02, 01-03, etc.). The board's
						executive officer shall maintain a case file log noting the date each case file
						was opened, whether disciplinary proceedings were initiated in the case, and
						the final disposition of the case. Once a case file number is assigned to a
						complaint, all persons communicating with the board regarding that complaint
						are encouraged to include the case file number to facilitate accurate record
						keeping and a prompt response.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 6 - Disciplinary Investigations › Rule 193G-6.7 - Confidentiality of Complaint and Investigative Information

Current through Register Vol. 47, No. 3, July 24, 2024
All complaint and investigative information received or created
						by the board is privileged and confidential pursuant to Iowa Code section
						272C.6(4). Such information shall not be released to any person except as
						provided in that section.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 6 - Disciplinary Investigations › Rule 193G-6.9 - Informal Discussion

Current through Register Vol. 47, No. 3, July 24, 2024
If the disciplinary committee considers it advisable, or if
						requested by the affected registrant, the committee may grant the registrant an
						opportunity to appear before the committee for a voluntary informal discussion
						of the facts and circumstances of an alleged violation, subject to the
						provisions of this rule.
(1) An
					informal discussion is intended to provide a registrant an opportunity to share
					the registrant's account of a complaint in an informal setting before the board
					determines whether probable cause exists to initiate a disciplinary proceeding.
					A registrant is not required to attend an informal discussion. Because
					disciplinary investigations are confidential, the registrant may not bring
					other persons to an informal discussion, but registrants may be represented by
					legal counsel.
(2) Unless
					disqualification is waived by the registrant, board members or staff who
					personally investigate a disciplinary complaint are disqualified from making
					decisions or assisting the decision makers at a later formal hearing. Because
					board members generally rely upon investigators, peer review committees, or
					expert consultants to conduct investigations, the issue rarely arises. An
					informal discussion, however, is a form of investigation because it is
					conducted in a question and answer format. In order to preserve the ability of
					all board members to participate in board decision making and to receive the
					advice of staff, a registrant who desires to attend an informal discussion must
					therefore waive the right to seek disqualification of a board member or staff
					based solely on the board member's or staff's participation in an informal
					discussion. A registrant would not waive the right to seek disqualification on
					any other ground. By electing to attend an informal discussion, a registrant
					accordingly agrees that participating board members or staff are not
					disqualified from acting as a presiding officer in a later contested case
					proceeding or from advising the decision maker
(3) Because an informal discussion
					constitutes a part of the board's investigation of a pending disciplinary case,
					the facts discussed at the informal discussion may be considered by the board
					in the event the matter proceeds to a contested case hearing and those facts
					are independently introduced into evidence.
(4) The disciplinary committee, subject to
					board approval, may propose a consent order at the time of the informal
					discussion. If the registrant agrees to a consent order, a statement of charges
					shall be filed simultaneously with the consent order, as provided in rule
					193-7.4 (17A,272C).
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 6 - Disciplinary Investigations › Rule 193G-6.10 - Closing Complaint Files

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds for closing.
Upon the recommendation of the board's executive officer pursuant to subrule
					6.5(5), the recommendation of the disciplinary committee pursuant to rule
					193G-6.8 (17A,272C,544C), or on
					its own motion, the board may close a complaint file, with or without prior
					investigation. The board's decision is final and not eligible for judicial
					review. Given the broad scope of matters about which members of the public may
					complain, it is not possible to catalog all possible reasons why the board may
					close a complaint file. The following nonexclusive list is, however,
					illustrative of the grounds upon which the board may close a complaint file:
a. The complaint alleges matters outside the
					board's jurisdiction.
b. The
					complaint does not allege a reasonable or credible basis to believe that the
					subject of the complaint violated a law or rule enforced by the
					board.
c. The complaint is
					frivolous or trivial.
d. The
					complaint alleges matters more appropriately resolved in a different forum,
					such as civil litigation to resolve a contract dispute, or more appropriately
					addressed by alternative procedures, such as outreach education or rule
					making.
e. The matters raised in
					the complaint are situational, isolated, or unrepresentative of a registrant's
					typical practice, and the registrant has taken appropriate steps to ensure
					future compliance and prevent public injury.
f. Resources are unavailable or better
					directed to other complaints or board initiatives in light of the board's
					overall budget and mission.
g.
					Other extenuating factors weigh against the imposition of public discipline
					when considered in the context of the board's purpose and mission.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 7 - Disciplinary Proceedings › Rule 193G-7.1 - Initiation of Disciplinary Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
Disciplinary proceedings may be initiated only by the
						affirmative vote of a quorum of the board at a public meeting. Board members
						who are disqualified shall not be included in determining whether a quorum
						exists. If, for example, two members of the board are disqualified, four
						members of the board shall constitute a quorum of the remaining six board
						members for purposes of voting on the case in which the two members are
						disqualified. When three or more members of the board are disqualified or
						otherwise unavailable for any reason, the board's executive officer may request
						the special appointment of one or more substitute board members pursuant to
						Iowa Code section 17A.11(5).
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 7 - Disciplinary Proceedings › Rule 193G-7.2 - Disciplinary Contested Case Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless in conflict with a provision of board rules in this
						chapter, all of the procedures set forth in 193-Chapter 7 shall apply to
						disciplinary contested cases initiated by the board.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 7 - Disciplinary Proceedings › Rule 193G-7.3 - Disciplinary Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Type of sanctions.
The board has authority to impose the
					following disciplinary sanctions:
a. Revoke a
					registration issued by the board.
b. Suspend a registration issued by the
					board.
c. Revoke or suspend the
					privilege to engage in one or more areas of interior design.
d. Impose a period of probation, either with
					or without conditions.
e. Impose
					requirements regarding continuing education. The board may specify that a
					designated amount of continuing education be taken in specific subjects and may
					specify the time period for completing these courses. The board may also
					specify whether that continuing education be in addition to the continuing
					education routinely required for registration renewal. The board may also
					specify that additional continuing education be a condition for the termination
					of any suspension or reinstatement of a registration. The board may also
					specify that current reference materials be obtained and maintained.
f. Require reexamination, using one or more
					parts of the NCIDQ examination given to candidates for the registered interior
					design registration.
g. Impose
					civil penalties, the amount of which shall be at the discretion of the board,
					but which shall not exceed $1,000 per violation. Civil penalties may be imposed
					for any of the disciplinary violations specified in rule
					193G-5.2
					(17A,272C,544C).
h. Issue a
					reprimand.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 7 - Disciplinary Proceedings › Rule 193G-7.4 - Publication of Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board shall publish in the board's
					newsletter, or in another professional publication designated by the board, the
					name of each registrant disciplined by the board, along with a brief
					description of the underlying circumstances, regardless of the nature of the
					violation.
(2) The board shall
					issue a formal press release in those instances in which a registration has
					been suspended or revoked.
(3) The
					board shall notify other state interior design boards that have issued a
					similar license to an Iowa registrant of disciplinary action taken against the
					Iowa registrant. The board shall also notify the NCIDQ of disciplinary action
					taken against an Iowa registrant.
Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 7 - Disciplinary Proceedings › Rule 193G-7.5 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The term
					"reinstatement" as used in this rule and in rule
					193-7.38 (17A,272C) shall
					include the reinstatement of a suspended registration, the modification or
					removal of a practice restriction, the issuance of a registration following the
					denial of an application to renew a registration, and the issuance of a new
					registration following the revocation or voluntary surrender of a
					registration.
(2) Any person whose
					registration has been revoked, suspended or restricted by the board, or who has
					voluntarily surrendered a registration to conclude a disciplinary investigation
					or proceeding, or whose application to renew a registration has been denied may
					apply to the board to modify or terminate the suspension, issue or reissue the
					registration, or modify or remove the restriction in accordance with the
					provisions of this rule, and the terms of the order of revocation, suspension
					or restriction, denial of registration renewal, or acceptance of voluntary
					surrender of a registration.
(3) If
					the applicable order did not establish terms upon which the registrant may
					apply for reinstatement, an initial application for reinstatement may not be
					made until one year has elapsed from the date of the order which revoked,
					suspended or restricted the registration, denied registration renewal, or
					accepted a voluntary surrender
(4)
					All proceedings for reinstatement shall be initiated by the respondent and
					shall be subject to the procedures set forth in rule
					193-7.38 (17A,272C). In
					addition, the board may grant an applicant's request to appear informally
					before the board prior to the issuance of a notice of hearing on the
					application if the applicant requests an informal appearance in the application
					and agrees not to seek to disqualify on the ground of personal investigation
					the board members or staff before whom the applicant appears.
(5) An order granting an application for
					reinstatement may impose such terms and conditions as the board deems
					desirable, which may include one or more of the types of disciplinary sanctions
					described in rule 193G-7.3 (272C,544C).
(6) The board shall not grant an application
					for reinstatement when the initial order which revoked, suspended or restricted
					the registration, denied registration renewal, or accepted a voluntary
					surrender was based on a criminal conviction and the applicant cannot
					demonstrate to the board's satisfaction that:
a. All terms of the sentencing or other
					criminal order have been fully satisfied;
b. The applicant has been released from
					confinement and any applicable probation or parole; and
c. Restitution has been made or is reasonably
					in the process of being made to any victims of the crime.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 1 - Organization and Operation › Rule 199-1.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter describes the organization and operation of the
				Iowa utilities board (hereinafter referred to as board) including the offices
				where, and the means by which any interested person may obtain information and
				make submittals or requests.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 1 - Organization and Operation › Rule 199-1.2 - Scope of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Promulgated under Iowa Code chapters 17A and 474, these rules
				shall apply to all matters before the Iowa utilities board. No rule shall in
				any way relieve a utility or other person from any duty under the laws of this
				state.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 1 - Organization and Operation › Rule 199-1.3 - Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a request, the board may grant a waiver from a
				rule adopted by the board, in whole or in part, as applied to a specific set of
				circumstances, if the board finds, based on clear and convincing evidence,
				that:
1. The application of the rule
			 would pose an undue hardship on the person for whom the waiver is
			 requested;
2. The waiver would not
			 prejudice the substantial legal rights of any person;
3. The provisions of the rule subject to a
			 petition for waiver are not specifically mandated by statute or another
			 provision of law; and
4.
			 Substantially equal protection of public health, safety, and welfare will be
			 afforded by a means other than that prescribed in the rule for which the waiver
			 is requested.
The burden of persuasion rests with the person who petitions
				the board for the waiver. If the above criteria are met, a waiver may be
				granted at the discretion of the board upon consideration of all relevant
				factors.
Persons requesting a waiver may use the form provided in
				199-subrule 2.2(17), or may submit their request as a part of another pleading.
				The waiver request must state the relevant facts and reasons the requester
				believes will justify the waiver, if they have not already been provided to the
				board in another pleading. The waiver request must also state the scope and
				operative period of the requested waiver. If the request is for a permanent
				waiver, the requester must state reasons why a temporary waiver would be
				impractical.
The waiver shall describe its precise scope and operative
				period. Grants or denials of waiver requests shall contain a statement of the
				facts and reasons upon which the decision is based. The board may condition the
				grant of the waiver on such reasonable conditions as appropriate to achieve the
				objectives of the particular rule in question. The board may at any time cancel
				a waiver upon appropriate notice and opportunity for hearing.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 1 - Organization and Operation › Rule 199-1.4 - Duties of the Board

Current through Register Vol. 47, No. 3, July 24, 2024
The board regulates electric, gas, telephone, and water
				utilities; and certain sanitary sewer and storm water drainage facilities. The
				board regulates the rates and services of public utilities pursuant to Iowa
				Code chapter 476; certification of electric power generators pursuant to
				chapter 476A; construction and safety of electric transmission lines pursuant
				to chapter 478; and the construction and operation of pipelines and underground
				storage pursuant to chapters 479, 479A and 479B.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 1 - Organization and Operation › Rule 199-1.5 - Organization

Current through Register Vol. 47, No. 3, July 24, 2024
The board consists of the three-member board, the technical and
				administrative staff, and the general counsel.
(1)
The board.
The
			 three-member board is the policy-making body for the utilities division. The
			 chairperson serves as the administrator of the utilities division. As
			 administrator, the chairperson is responsible for all administrative functions
			 and decisions.
(2)
General
			 counsel.
Rescinded IAB 9/27/17, effective 11/1/17.
(3)
The office of the executive
			 secretary.
Rescinded IAB
9121111,
effective
			 11/1/17.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 1 - Organization and Operation › Rule 199-1.6 - Consent for the Sale or Lease of Goods and Services

Current through Register Vol. 47, No. 3, July 24, 2024
An official or employee shall not sell or lease, either
				directly or indirectly, any goods or services to individuals, associations, or
				corporations subject to the regulatory authority of the board without complying
				with the provisions of rule
				351-6.11
				(68B) of the Iowa ethics and campaign disclosure board.
(1)
General prohibition.
Rescinded lAB 8/16/06, effective 9/20/06.
(2)
Definitions.
Rescinded
			 lAB 8/16/06, effective 9/20/06.
(3)
Application for consent.
Rescinded lAB 8/16/06, effective
			 9/20/06.
(4)
Conditions of
			 consent for officials.
Rescinded lAB 8/16/06, effective
			 9/20/06.
(5)
Conditions of
			 consent for employees.
Rescinded lAB 8/16/06, effective
			 9/20/06.
(6)
Effect of
			 consent
Rescinded lAB 8/16/06, effective 9/20/06.
(7)
Participation in utility
			 programs.
Rescinded lAB 8/16/06, effective 9/20/06.
(8)
Appeal
Rescinded lAB
			 8/16/06, effective 9/20/06.
(9)
Notice.
Rescinded lAB 8/16/06, effective 9/20/06.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 1 - Organization and Operation › Rule 199-1.8 - Matters Applicable to All Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Communications.
All
			 communications to the board, other than those filed through the board's
			 electronic filing system, may be addressed to the Iowa Utilities Board, 1375 E.
			 Court Avenue, Room 69, Des Moines, Iowa 50319-0069, unless otherwise
			 specifically directed. Pleadings and other papers required to be filed with the
			 board shall be filed within the time limit, if any, for such filing. Unless
			 otherwise specifically provided, all communications and documents are
			 officially filed upon receipt and acceptance at the office of the
			 board.
(2)
Office
			 hours.
Office hours are 8 a.m. to 4:30 p.m., Monday to Friday. Offices
			 are closed on Saturdays and Sundays and on official state holidays designated
			 in accordance with state law. Time provisions for electronic filing are found
			 at
			 199-14.9
			 (17A,476).
(3)
Sessions of
			 the board.
Rescinded IAB 9/27/17, effective 11/1/17.
(4)
Cross reference to rules
			 regarding electronic filing, placement of docket numbers on filings, service of
			 documents, and required number of copies.
The board's rules regarding
			 electronic filing are found at 199-Chapter 14. The board's rules regarding
			 paper filing are found at 199-Chapter 7, including the board's rule regarding
			 placement of docket numbers on filings at 199-subrule 7.4(3); the board's rule
			 regarding service of documents at 199-subrule 7.4(6); and the board's rule
			 regarding required number of copies of documents filed on paper at 199-subrule
			 7.4(4).
[Editorial change: IAC Supplement 12/29/10; ARC
				3340C
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 3 - Rulemaking › Rule 199-3.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
These rules govern the practice and procedure in all
			 rulemaking proceedings of the commission.
(2)
Rules of construction.
If any provision of a rule or the application of a rule to any person or
			 circumstance is itself or through its enabling statute held invalid, the
			 invalidity does not affect other provisions or applications of the rule that
			 can be given effect without the invalid provision or application, and to this
			 end, the provisions of the rule are severable.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 3 - Rulemaking › Rule 199-3.2 - Initial Stakeholder Input

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the
				commission may solicit comments from the public on the subject matter of
				possible rulemaking by issuing an order through its electronic filing system or
				by causing notice of the subject matter to be published in the Iowa
				Administrative Bulletin, indicating where, when, and how persons may
				comment.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 3 - Rulemaking › Rule 199-3.3 - Petition for Adoption of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petitions.
Any interested person may petition the commission
			 for the adoption, amendment, or repeal of a rule pursuant to Iowa Code section
			 17A.7.
(2)
Stakeholder
			 comments.
Other interested persons may file written comments
			 containing data, views, or arguments concerning the petition within 20 days of
			 the filing of the petition. Reply comments may be filed within 27 days of the
			 filing of the petition. The commission may allow additional time for filing
			 comments and reply comments at its discretion.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 3 - Rulemaking › Rule 199-3.5 - Rulemaking Oral Presentation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requests.
If an oral presentation is not scheduled by the
			 commission, any interested person may file a request for an oral
			 presentation.
(2)
Written
			 appearance.
Any interested person may participate in rulemaking oral
			 presentations in person or by counsel.
(3)
Oral presentations.
Participants in rulemaking oral presentations may submit exhibits and present
			 oral statements of position, which may include data, views, comments, or
			 arguments concerning the proposed adoption, amendment, or repeal of the rule.
			 Oral statements are not made under oath and are not subject to
			 cross-examination.
(4)
Comments and limitations.
The commission may, in its
			 discretion, permit reply comments and request the filing of written comments
			 subsequent to the adjournment of the oral presentation. The commission may
			 limit the time of any oral presentation and the length of any written
			 presentation.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 3 - Rulemaking › Rule 199-3.6 - Review of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
To facilitate the five-year review provisions of Iowa Code
				section 17A.7(1), the commission will review a portion of its chapters each
				fiscal year over each five-year period under the following schedule:
(1) In fiscal year 2018 and every fifth year
			 thereafter, the commission will review Chapters 1 through 9 of its
			 rules.
(2) In fiscal year 2019 and
			 every fifth year thereafter, the commission will review Chapters 10 through 18
			 of its rules.
(3) In fiscal year
			 2020 and every fifth year thereafter, the commission will review Chapters 19
			 through 27 of its rules.
(4) In
			 fiscal year 2021 and every fifth year thereafter, the commission will review
			 Chapters 28 through 36 of its rules.
(5) In fiscal year 2022 and every fifth year
			 thereafter, the commission will review Chapters 37 through 45 of its
			 rules.
(6) If the commission adopts
			 additional chapters in its rules, such chapters will be reviewed every fifth
			 fiscal year from the fiscal year in which they are made effective.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 4 - Declaratory Orders › Rule 199-4.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the Iowa utilities
				commission for a declaratory order as to the applicability to specified
				circumstances of a statute, rule, or order within the primary jurisdiction of
				the commission. The petition shall conform with this chapter and with Iowa Code
				section 17A.9. A petition shall be dated and signed by the petitioner, include
				the petitioner's appropriate contact information, and include all of the
				following information (a sample form of a petition for a declaratory order is
				available on the commission's website at
iuc.iowa.gov
):
(1) The question or questions that petitioner
			 wishes the board to determine, stated clearly and concisely;
(2) A clear and concise statement of all
			 relevant facts on which the ruling is requested, including the petitioner's
			 interest in the issue;
(3) A
			 citation to and the relevant language of the statutes, rules, policies,
			 decisions, or orders that are applicable or whose applicability is in question
			 and any other relevant law;
(4) The
			 petitioner's proposed answers to the questions raised and a summary of the
			 reasons urged by the petitioner in support of those answers, including a
			 statement of the legal support for the petitioner's position;
(5) A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by any
			 governmental entity;
(6) The names
			 and addresses of other persons, or a description of any class of persons, known
			 by the petitioner to be affected by or interested in the questions presented in
			 the petition; and
(7) A statement
			 indicating whether the petitioner requests a meeting as provided for by rule
			 199-4.5 (17A).
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 4 - Declaratory Orders › Rule 199-4.2 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
A person having an interest in the subject matter of a petition
				for a declaratory order may file with the commission a petition for
				intervention pursuant to the "Intervention" rule contained in 199-Chapter 7
				within 20 days of the filing of a petition for a declaratory order. The
				commission may at its discretion entertain a late-filed petition for
				intervention. A petition for intervention in a proceeding on a petition for
				declaratory order shall be dated, be signed by the prospective intervenor with
				that person's appropriate contact information, include the information set
				forth in the "Intervention" rule contained in 199-Chapter 7, and include all of
				the following:
(1) The answers urged by
			 the intervenor to the question or questions presented and a summary of the
			 reasons urged in support of those answers, including a statement of the legal
			 support for the intervenor's position;
(2) A statement indicating whether the
			 intervenor is currently a party to another proceeding involving the questions
			 at issue and whether, to the intervenor's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by any
			 government entity;
(3) The names
			 and addresses of other persons, or a description of any class of persons, known
			 by the intervenor to be affected by or interested in the questions presented in
			 the petition; and
(4) Whether the
			 intervenor consents to be bound by the determination of the matters presented
			 in the declaratory order proceeding.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 4 - Declaratory Orders › Rule 199-4.4 - Service and Filing of Petitions

Current through Register Vol. 47, No. 3, July 24, 2024
At the same time a petition for a declaratory order is filed,
				the petitioner shall serve the petition, in accordance with the "Service of
				documents" subrule in 199-Chapter 7 and the "Electronic service" rule in
				199-Chapter 14, upon any person who, based upon a reasonable investigation,
				would be a necessary party to the proceeding under applicable substantive law.
				The petitioner is to file with the commission a list of all persons
				served.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 4 - Declaratory Orders › Rule 199-4.5 - Informal Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the commission will schedule an
				informal meeting between the petitioner, all intervenors, and the commission, a
				member of the commission, or a designated member of the staff of the commission
				to discuss the questions identified in the petition. The commission may solicit
				comments from any person on the questions raised.