reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.9 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person shall withdraw fi-om participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f.Has a spouse or relative within the third
			 degree of relationship that:
(I) is a party
			 to the case, or an officer, director or trustee of a party; (2) is a lawyer in
			 the case; (3) is known to have an interest that could be substantially affected
			 by the outcome of the case; or (4) is likely to be a material witness in the
			 case; or
g. Has any
			 other legally sufficient cause to withdraw from participation in the decision
			 making in that case.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.10 - Consolidation and Severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
(a) the matters at issue involve common
			 parties or common questions of fact or law;
(b) consolidation would expedite and simplify
			 consideration of the issues involved; and
(c) consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.11 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
Pleadings may be required by rule, by the notice
			 of hearing, or by order of the presiding officer
(2)
Petition.
a. Any petition required in a contested case
			 proceeding shall be filed within 20 days of delivery of the notice of hearing
			 or subsequent order of the presiding officer, unless otherwise
			 ordered.
b. A petition shall state
			 in separately numbered paragraphs the following:
(1)The persons or entities on whose behalf
			 the petition is filed;
(2)The
			 particular provisions of statutes and rules involved;
(3)The relief demanded and the facts and laws
			 relied upon for such relief; and
(4)The name, address and telephone number of
			 the petitioner and the petitioner's attorney, if any.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law,
			 every pleading, motion, document, or other paper filed in a contested case
			 proceeding and every paper relating to discovery in such a proceeding shall be
			 served upon each of the parties of record to the proceeding, including the
			 person designated as advocate or prosecutor for the state or the agency,
			 simultaneously with their filing. Except for the original notice of hearing and
			 an application for rehearing as provided in Iowa Code subsection 17A.16(2), the
			 party filing a document is responsible for service on all parties.
(2)
Service
-
how
			 made.
Service upon a party represented by an attorney shall be made
			 upon the attorney unless otherwise ordered. Service is made by delivery or by
			 mailing a copy to the person's last-known address or by electronic service as
			 permitted by the presiding officer and the Iowa Rules of Civil Procedure.
			 Service by paper or electronic mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule or order.
(3)
Filing
-
when
			 required.
After the notice of hearing, all pleadings, motions,
			 documents or other papers in a contested case proceeding shall be filed with
			 the presiding officer. All pleadings, motions, documents or other papers that
			 are required to be served upon a party shall be filed simultaneously with the
			 presiding officer.
(4)
Filing
-
when made.
Except where otherwise
			 provided by law, a document is deemed filed at the time it is delivered to the
			 presiding officer, delivered to an established courier service for immediate
			 delivery to the presiding officer, delivered via electronic mail or fax, or
			 mailed by first-class mail or state interoffice mail to the presiding officer,
			 so long as there is proof of mailing.
(5)
Proof of mailing.
Proof
			 of mailing includes either: a legible United States Postal Service postmark on
			 the envelope, a certificate of service, a notarized affidavit, or a
			 certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the (agency office and address) and to the names and addresses of
				the parties listed below by depositing the same in (a United States Post Office
				mail box with correct postage properly affixed or state interoffice
				mail).
(Date) (Signature)
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.13 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules or by order of the presiding
			 officer, time periods for compliance with discovery shall be provided in the
			 Iowa Rules of Civil Procedure.
(2)
			 Any motion relating to discovery shall allege that the moving party has
			 previously made a good faith attempt to resolve the discovery issues involved
			 with the opposing party. Motions in regard to discovery shall be ruled upon by
			 the presiding officer Opposing parties shall be afforded the opportunity to
			 respond within ten days of the filing of the motion unless the time is
			 shortened as provided in subrule 5.13(1). The presiding officer may rule on the
			 basis of the written motion and any response, or may order argument on the
			 motion.
(3) Evidence obtained in
			 discovery may be used in the contested case proceeding if that evidence would
			 otherwise be admissible in that proceeding.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. An agency
			 subpoena shall be issued to a party on request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a request
			 for a subpoena must be received at least three days before the scheduled
			 hearing. The request shall include the name, address, and telephone number of
			 the requesting party.
b. Except to
			 the extent otherwise provided by law, parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.15 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the lottery or the presiding officer. The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing, except
			 motions for summary judgment, must be filed and served at least ten days prior
			 to the date of hearing unless there is good cause for permitting later action
			 or the time for such action is lengthened or shortened by rule of the lottery
			 or an order of the presiding officer
(5) Motions for summary judgment. Motions for
			 summary judgment shall comply with the requirements of Iowa Rule of Civil
			 Procedure 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, imless 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 5.28(17A) and appeal pursuant to rule
				5.27(I7A).
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.16 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than 15 days prior to the hearing date. A
			 prehearing conference shall be scheduled not less than 10 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; and
b. A final list of
			 exhibits which the party anticipates will be introduced at hearing. Exhibits
			 other than rebuttal exhibits that are not listed may be excluded from admission
			 into evidence unless there was good cause for the failure to include
			 them.
c. Witness or exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the presiding officer at the prehearing conference. Any such
			 amendments must be served on all parties.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.17 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall be made to the presiding officer
(1) A
			 written application for continuance shall:
a.
			 Be made at the earliest possible time and no less than ten days before the
			 hearing except in case of unanticipated emergencies;
b. State the specific reasons for the
			 request; and
c. Be signed by the
			 requesting party or the party's representative.
An oral application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request unless that
				requirement is waived by the presiding officer. No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				where notice is not feasible. The agency may waive notice of such requests for
				a particular case or an entire class of cases.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.19 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Motion. A
			 motion for leave to intervene in a contested case proceeding shall state the
			 grounds for the proposed intervention, the position and interest of the
			 proposed intervenor, and the possible impact of intervention on the proceeding.
			 A proposed answer or petition in intervention shall be attached to the motion.
			 Any party may file a response within 14 days of service of the motion to
			 intervene unless the time period is extended or shortened by the presiding
			 officer.
(2) When filed. Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner. Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3) Grounds for
			 intervention. The movant shall demonstrate that:
(a) intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.20 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer presides at the hearing and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or to be represented in all hearings or
			 prehearing conferences related to their case. Partnerships, corporations, or
			 associations may be represented by any member, officer, director, or duly
			 authorized agent. Any party may be represented by an attorney or another person
			 authorized by law.
(4) Subject to
			 terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or affirmed by the presiding officer or the court reporter and be subject
			 to examination and cross-examination. The presiding officer may limit
			 questioning in a manner consistent with law;
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.21 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that good cause justifies expansion of the
			 issues. If the presiding officer decides to admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, shall receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents should normally be provided to opposing parties.
All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection shall be accompanied by a brief statement of the grounds upon
			 which it is based. The objection, the ruling on the objection, and the reasons
			 for the ruling shall be noted in the record. The presiding officer may rule on
			 the objection at the time it is made or may reserve a ruling until the written
			 decision.
(6) Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.24 - Record Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the Iowa lottery shall provide a copy of the whole or any portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party.
Parties who request that a hearing be recorded by certified shorthand reporter rather than by electronic means shall bear the cost of that recordation, imless otherwise provided by law.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or sua sponte, the chief
				executive officer may review an interlocutory order of the presiding officer.
				In determining whether to do so, the chief executive officer shall weigh the
				extent to which the chief executive officer's granting of the interlocutory
				appeal would expedite final resolution of the case and the extent to which
				review of that interlocutory order by the agency at the time it reviews the
				proposed decision of the presiding officer would provide an adequate remedy.
				Any request for interlocutory review must be filed within 14 days of issuance
				of the challenged order, but no later than the time for compliance with the
				order or the date of hearing, whichever is first.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When the
			 chief executive officer presides over the reception of evidence at the hearing,
			 the chief executive officer's decision is a final decision.
(2) When the chief executive officer does not
			 preside at the reception of evidence, the presiding officer shall make a
			 proposed decision. The proposed decision becomes the final decision of the
			 agency without further proceedings unless there is an appeal to, or review on
			 motion of, the chief executive officer within the time provided in rule
			 531-5.27 (17A).
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the chief executive officer of the lottery within 30 days
			 after issuance of the proposed decision.
(2)
Review.
The chief
			 executive officer may initiate review of a proposed decision on the chief
			 executive officer's own motion at any time within 30 days following the
			 issuance of such a decision.
(3)
Notice of appeal.
An appeal of a proposed decision is
			 initiated by filing a timely notice of appeal with the Iowa lottery. The notice
			 of appeal must be signed by the appealing party or a representative of that
			 party and contain a certificate of service. The notice shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the agency decision on the existing record and whether, on the basis of
			 the grounds enumerated in subrule 5.27(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the Iowa lottery within 20 days after issuance
			 of the final decision.
(4)
Notice to other parties. A
copy of the application shall be
			 timely mailed by the applicant to all parties of record not joining therein. If
			 the application does not contain a certificate of service, the Iowa lottery
			 shall serve copies on all parties.
(5)
Disposition.
Any
			 application for a rehearing shall be deemed denied unless the agency grants the
			 application within 20 days after its filing.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.29 - Stays of Agency 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 lottery for a stay of an order
			 issued in that proceeding or for other temporary remedies, pending review by
			 the agency. The petition shall be filed with the notice of appeal and shall
			 state the reasons justifying a stay or other temporary remedy. The chief
			 executive officer of the lottery may rule on the stay or authorize the
			 presiding officer to do so.
b. Any
			 party to a contested case proceeding may petition the lottery 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 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.30 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary hearing. If such agreement is reached, a jointly submitted schedule detailing the method and timetable for submission of the record, briefs and oral argument should be submitted to the presiding officer for approval as soon as practicable. If the parties cannot agree, any party may file and serve a motion for summary judgment pursuant to the rules governing such motions.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.31 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare, and consistent with the Constitution
			 and other provisions of law, the lottery may issue a written order in
			 compliance with Iowa Code section 17A.I8 to suspend a license in whole or in
			 part, order the cessation of any continuing activity, order affirmative action,
			 or take other action within the jurisdiction of the lottery by emergency
			 adjudicative order Before issuing an emergency adjudicative order the lottery
			 shall consider factors including, but not limited to, the following:
a. Whether there has been a sufficient
			 factual investigation to ensure that the lottery is proceeding on the basis of
			 reliable information;
b. Whether
			 the specific circumstances which pose immediate danger to the public health,
			 safety or welfare have been identified and determined to be
			 continuing;
c. Whether the person
			 required to comply with the emergency adjudicative order may continue to engage
			 in other activities without posing immediate danger to the public health,
			 safety or welfare;
d. Whether
			 imposition of monitoring requirements or other interim safeguards would be
			 sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the agency is necessary to avoid the immediate danger
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.32 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested case proceeding may waive any provision of this chapter However, the agency in its discretion may refuse to give effect to such a waiver when it deems the waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the lottery for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the lottery, at the Iowa Lottery Authority, 13001 University Avenue, Clive, Iowa 50325-8225. A petition is deemed filed when it is received by that office. The lottery shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the lottery an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:
Click here to view Image
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. 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.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by 531-6.7(17A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative, and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory order, the lottery shall give notice of the petition to all persons not served by the petitioner pursuant to 6.6(17A) to whom notice is required by any provision of law. The lottery may also give notice to any other persons.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who qualify under any applicable
			 provision of law as an intervenor and who file a petition for intervention
			 within 25 days of the filing of a petition for declaratory order shall be
			 allowed to intervene in a proceeding for a declaratory order.
(2) Any person who files a petition for
			 intervention at any time prior to the issuance of an order may be allowed to
			 intervene in a proceeding for a declaratory order at the discretion of the
			 lottery.
(3) A petition for
			 intervention shall be filed at the Iowa Lottery Authority, 13001 University
			 Avenue, Clive, Iowa 50325-8225. Such a petition is deemed filed when it is
			 received by that office. The lottery will provide the petitioner with a
			 file-stamped copy of the petition for intervention if the petitioner provides
			 an extra copy for this purpose. A petition for intervention must be typewritten
			 or legibly handwritten in ink and must substantially conform to the following
			 form:
Click here to
				view Image
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervener's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervener's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervener's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervener's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervener's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of the position urged. The lottery may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order proceeding may be made to the Chief Executive Officer, Iowa Lottery Authority, 13001 University Avenue, Clive, Iowa 50325-8225.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law,
			 every petition for declaratory order, petition for intervention, brief, or
			 other paper filed in a proceeding for a declaratory order shall be served upon
			 each of the parties of record to the proceeding, and on all other persons
			 identified in the petition for declaratory order or petition for intervention
			 as affected by or interested in the questions presented, simultaneously with
			 their filing. The party filing a document is responsible for service on all
			 parties and other affected or interested persons.
(2)
Filing
-
when
			 required.
All petitions for declaratory orders, petitions for
			 intervention, briefs, or other papers in a proceeding for a declaratory order
			 shall be filed with the Iowa Lottery Authority, 13001 University Avenue, Clive,
			 Iowa 50325-8225. All petitions, briefs, or other papers that are required to be
			 served upon a party shall be filed simultaneously with the lottery.
(3)
Method of service, time of
			 filing, and proof of mailing.
Method of service, time of filing, and
			 proof of mailing shall be as provided by 531-5.11 (17A).
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the lottery must schedule a brief and informal meeting between the original petitioner, all intervenors, and the lottery, a member of the lottery authority board, or a member of the staff of the lottery, to discuss the questions raised. The lottery may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to the lottery by any person.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within the time allowed by Iowa Code section I7A.9(5) after receipt of a
			 petition for a declaratory order, the chief executive officer of the lottery or
			 a designee shall take action on the petition as required by Iowa Code section
			 I7A.9(5).
(2) The date of issuance
			 of an order or of a refusal to issue an order is as defined in rule
			 531-5.2 (I7A).
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The lottery
			 shall not issue a declaratory order where prohibited by Iowa Code section
			 17A.9(I), and
			 may refuse to issue a declaratory order on some or all questions raised for the
			 following reasons:
1.The petition does not substantially comply with the required
				form.
2.The petition does not contain facts sufficient to demonstrate
				that the petitioner will be aggrieved or adversely affected by the failure of
				the lottery to issue an order
3.The lottery does not have jurisdiction over the questions
				presented in the petition.
4.The questions presented by the petition are also presented in
				a current rule making, contested case, or other agency or judicial proceeding,
				that may definitively resolve them.
5.The questions presented by the petition would more properly
				be resolved in a different type of proceeding or by another body with
				jurisdiction over the matter.
6.The facts or questions presented in the petition are imclear,
				overbroad, insufficient, or otherwise inappropriate as a basis upon which to
				issue an order
7.There is no need to issue an order because the questions
				raised in the petition have been settled due to a change in
				circumstances.
8.The petition is not based upon facts calculated to aid in the
				planning of future conduct but is, instead, based solely upon prior conduct in
				an effort to establish the effect of that conduct or to challenge an agency
				decision already made.
9.The petition requests a declaratory order that would
				necessarily determine the legal rights, duties, or responsibilities of other
				persons who have not joined in the petition, intervened separately, or filed a
				similar petition and whose position on the questions presented may fairly be
				presumed to be adverse to that of petitioner
10.The petitioner requests the lottery to determine whether a
				statute is unconstitutional on its face.
(2) A refusal to issue a declaratory order
			 must indicate the specific grounds for the refusal and
constitutes final agency action on the petition.
(3) Refusal to issue a declaratory
			 order pursuant to this provision does not preclude the filing of a new petition
			 that seeks to eliminate the grounds for the refusal to issue an order
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion. A declaratory order is effective on the date of issuance.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 6 - Declaratory Orders › Rule 531-6.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a final order issued in a contested case proceeding. It is binding on the lottery, the petitioner, and any intervenors who consent to be bound and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the order was based. As to all other persons, a declaratory order serves only as precedent and is not binding on the lottery. The issuance of a declaratory order constitutes final agency action on the petition.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 11 - Prizes › Rule 531-11.1 - Claiming Prizes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A prize
			 claim shall be entered in the name of a single individual or organization. A
			 claim may be entered in the name of an organization only if the organization is
			 a legal entity and possesses or has applied for a federal employer's
			 identification number (FEIN) as issued by the Internal Revenue Service. Groups,
			 family units, organizations, clubs, or other organizations that are not legal
			 entities, do not possess a FEIN, or have not applied for a FEIN must designate
			 one individual in whose name the claim will be entered.
(2) By submitting a claim, a player agrees
			 that the state, the lottery authority board, the lottery authority, and the
			 officials, officers, and employees of each shall be discharged from all further
			 liability upon payment of the prize.
(3) By submitting a claim, the player also
			 agrees that the prizewinner's name may be used for publicity purposes by the
			 lottery.
(4) An original ticket or
			 share must be presented before payment of any prize will occur No
			 reproductions, facsimiles, or copies of any kind will be allowed.
(5) The player must sign the original ticket
			 or share prior to presenting the ticket to another party for the purpose of
			 checking or validating the ticket. The lottery and retailers shall verify that
			 there is a signature on any ticket(s) submitted for checking or validation.
This rule is intended to implement Iowa Code Supplement
				sections 99G.9(3),
				99G.21, and
				99G.31.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 11 - Prizes › Rule 531-11.2 - Claim Period

Current through Register Vol. 47, No. 3, July 24, 2024
A prize must be claimed within the time limit specifically designated in these rules or as specified by the lottery in the specific game rules.
This rule is intended to implement Iowa Code Supplement sections 99G.9(3), 99G.21, and 99G.31.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 11 - Prizes › Rule 531-11.3 - Invalid Tickets Not Entitled to Prize Payment

Current through Register Vol. 47, No. 3, July 24, 2024
If a ticket presented to the lottery is invalid pursuant to the terms of these rules or the specific game rules, the ticket is not entitled to prize payment.
This rule is intended to implement Iowa Code Supplement sections 990.9(3), 99G.21, and 99G.31.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 11 - Prizes › Rule 531-11.4 - Ticket Is a Bearer Instrument

Current through Register Vol. 47, No. 3, July 24, 2024
A ticket is a bearer instrument until signed in the space designated on the ticket for signature if a signature space is provided. The person who signs the ticket is thereafter considered the owner of the ticket. All liability of the state, the lottery authority board, the lottery authority, the chief executive officer, and the employees of the lottery terminates upon payment.
This rule is intended to implement Iowa Code sections 99G.9(3), 99G.21, and 99G.31.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 11 - Prizes › Rule 531-11.5 - Assignment of Prizes

Current through Register Vol. 47, No. 3, July 24, 2024
Payments of prizes shall be made as follows:
(1) The lottery shall pay all prizes to only
			 one person or one legal entity per winning ticket.
(2) If a prize is payable in installments,
			 all future installments of the prize must be made to the person or legal entity
			 that received the initial installment of the prize or to a person designated by
			 the court to receive payment following the prizewinner's death, unless
			 otherwise assigned according to these rules.
(3) Payment of a prize may be made to the
			 estate of a deceased prizewinner or to another person pursuant to an
			 appropriate judicial order.
(4) The
			 right to control receipt of a lottery prize shall be substantially limited. See
			  26 U.S.C. 451  and Treas. Reg. 1.451 -2(a). The right to
			 receive payment of a lottery prize or a future installment of a lottery prize
			 shall not be sold, assigned or otherwise transferred in any manner without an
			 appropriate judicial order or statutory authorization. An appropriate judicial
			 order is an order of a court of competent jurisdiction.
(5) In the event that a legal entity other
			 than an individual is entitled to a lottery prize won jointly by more than one
			 individual, the individuals originally entitled to share the prize cannot sell,
			 assign or otherwise transfer their interest in the legal entity receiving prize
			 payment or their right to receive future payments from the legal entity without
			 an appropriate judicial order or statutory authorization. An appropriate
			 judicial order is an order of a court of competent jurisdiction.
This rule is intended to implement Iowa Code Supplement
				sections 990.9(3),
				99G.21, and
				99G.31.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 11 - Prizes › Rule 531-11.6 - Prize Payment to Minors

Current through Register Vol. 47, No. 3, July 24, 2024
If the person entitled to a prize is under the age of 18, the payment of the prize may be made by delivery of cash or a check payable to the order of the minor or to a parent or legal guardian of the minor Claim forms and tickets submitted by minors must be signed by a parent or legal guardian of the minor
This rule is intended to implement Iowa Code sections 99G.9(3), 99G.21(2), 99G.30(3), and 99G.31.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 11 - Prizes › Rule 531-11.7 - Time of Prize Payment

Current through Register Vol. 47, No. 3, July 24, 2024
All prizes shall be paid within a reasonable time after a claim is verified by the lottery and a winner is determined. The date of the first installment payment of any prize to be paid in installment payments shall be the date the claim is validated and processed unless a different date is specified for a particular game in these rules or the specific game rules. Subsequent installment payments shall be made approximately weekly, monthly, or annually, from the date the claim is processed and validated in accordance with the type of prize won and the rules applicable to the prize. The lottery may, at any time, delay any prize payment in order to review a change in circumstances relative to the prize awarded, the payee, or the claim.
This rule is intended to implement Iowa Code Supplement sections 990.9(3), 99G.21(2), and 99G.30.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 11 - Prizes › Rule 531-11.8 - Prizes Payable for the Life of the Winner

Current through Register Vol. 47, No. 3, July 24, 2024
If any prize is payable for the life of the winner, only an individual may claim and receive the prize for life. If a group, corporation, or other organization is the winner, the life of the winner shall be deemed to be 20 years.
This rule is intended to implement Iowa Code Supplement sections 99G.9(3), 99G.21(2), and 99G.31.