reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 116 - Help Us Stop Hunger Program Administration › Rule 571-116.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Deer"
means any wild deer legally taken in
				  Iowa and deer confiscated as legal evidence if the confiscated carcass is
				  considered by a conservation officer to be in good condition for
				  donation.
"Department"
means the department of natural
				  resources.
"Distributor "
means the Food Bank of Iowa
				  or, in the event the Food Bank of Iowa discontinues participation in HUSH, such
				  other venison distribution service provider as shall be designated by future
				  contract with the department.
"Field dressed"
means that the deer has been
				  properly bled and cleaned of its internal organs.
"Food Bank of Iowa "
means the private,
				  nonprofit charitable organization incorporated under that name, whose mission
				  is to alleviate hunger and reduce food waste in Iowa.
"HUSH"
means the help us stop hunger
				  program.
"HUSH coordinator"
means an employee of the
				  department who administers the deer donation program.
"Meat processor"
means any business that is
				  licensed by the department of agriculture and land stewardship's bureau of meat
				  and poultry inspection, the USDA, or a neighboring state's department that is
				  similar to Iowa's, to process meat for retail customers.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 116 - Help Us Stop Hunger Program Administration › Rule 571-116.3 - Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
Deer is the only species of wildlife that shall be covered by
				  the HUSH program. The entire deer carcass must be donated, but the hunter may
				  keep the antlers, head and cape.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 116 - Help Us Stop Hunger Program Administration › Rule 571-116.4 - Hush Council

Current through Register Vol. 47, No. 3, July 24, 2024
There is hereby created a HUSH council. Members shall serve
				  without additional compensation.
(1)
Membership.
The HUSH council shall include the following
				voting members:
a. The HUSH coordinator, who
				shall serve as the chairperson;
b.
				An additional department representative designated by the department's wildlife
				bureau chief;
c. A representative
				of the Food Bank of Iowa appointed by its executive director;
d. The chief of the department of agriculture
				and land stewardship's bureau of meat and poultry inspection or a designee of
				the chief.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 116 - Help Us Stop Hunger Program Administration › Rule 571-116.5 - Duties of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
During periods of excessive deer populations, the department
				  shall promote the harvest of deer by hunters and the donation of deer at meat
				  processors participating in HUSH. During periods of nonexcessive deer
				  populations, HUSH may continue with less emphasis on promotion to
				  hunters.
(1)
Meat
				processors.
The department shall enlist as many meat processors as
				available to participate in HUSH and shall enter into uniform agreements with
				meat processors. The department shall provide forms for donations of deer by
				hunters, posters for meat processors to advertise their participation, venison
				pickup receipts and invoices, and two-pound freezer bags for use by meat
				processors that are HUSH participants. The department shall provide
				informational and promotional materials to meat processors regarding
				HUSH.
(2)
Venison
				distributor.
The department shall enter into an annual agreement with
				the Food Bank of Iowa or, in the event the Food Bank of Iowa discontinues
				participation in HUSH, other service providers designated by future contract to
				carry out the duties described in 571-116.6 (483A). The department shall pay
				the distributor a per-deer rate of payment for administrative services
				provided. The department shall make such payments to the distributor as
				described in the annual agreement for the purpose of making payments to
				participating meat processors.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 116 - Help Us Stop Hunger Program Administration › Rule 571-116.6 - Duties of Venison Distributor

Current through Register Vol. 47, No. 3, July 24, 2024
In order to continue participation in HUSH, the distributor
				  shall enter into an annual agreement with the department for venison pickup
				  from meat processors and distribution throughout Iowa, and for the
				  administration of financial accounts with meat processors. The distributor
				  shall make reports to the department. The distributor shall be compensated by
				  the department at a rate per deer as determined annually by the department,
				  with recommendations from the HUSH council taken into consideration.
(1)
Venison pickup and
				distribution.
The distributor shall cause timely pickup of venison
				from meat processors and distribution of the venison to the distributor's
				member social service agencies.
(2)
Payments to meat processors.
The distributor shall make
				payments to meat processors at the rate set by the department. Prior to
				receiving payment, a meat processor shall be required to provide the following:
				a record of each donated deer that includes information required by the
				department, an invoice from the meat processor, a copy of a completed donor
				form, and a supporting record of the venison pickup. Provided funding is
				available from the department, payments shall be made to meat processors within
				30 days of submittal of a complete and accurate record.
(3)
Reports to the
				department.
The distributor shall keep accurate records of the amount
				of venison picked up from meat processors and distributed to qualified
				agencies, including copies of receipts and invoices from venison pickups, and
				by April 1 of each year shall provide the department a report of each donated
				deer for which payment was made to a meat processor.
(4)
Reimbursement to the
				department.
If any funding provided by the DNR is unused for venison
				processing or administrative costs, all unused funds shall be refunded to the
				department by May 1 of each year.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 116 - Help Us Stop Hunger Program Administration › Rule 571-116.7 - Meat Processors

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility.
To participate in the HUSH program, each meat
				processor shall enter into a uniform annual agreement with the department which
				details the meat processor's participation. The agreement shall be signed by
				the meat processor and the department by August 1 prior to the coming deer
				season. Exceptions to this date may be considered by the HUSH council, which
				will then make recommendations to the department.
(2)
Requirements.
Meat
				processors shall accept the entire field-dressed carcass of a donated deer,
				pursuant to 571-116.3 (483A), and shall not assess any fees or costs to donors.
				Information from the donor is required for each donated deer and shall be
				submitted on forms provided by the department. Payment shall not be made to a
				meat processor without this information.
(3)
Venison.
Meat processors
				shall accept a donated deer, pursuant to 571-116.3 (483A), if the meat
				processor determines the venison is in acceptable condition. Deer shall be
				processed into pure ground venison with no additives, put into bags provided by
				the department, and frozen prior to being received by a representative of the
				Food Bank of Iowa or another designated distributor. Venison pickup shall be
				initiated by the meat processor by contacting the meat processor's designated
				pickup person.
(4)
Venison
				pickup.
At the time of venison pickup, the meat processor shall
				provide accurate information and an official signature on a form provided by
				the department. The meat processor shall retain one copy of the form for
				billing purposes and one copy for the meat processor's business
				records.
(5)
Billing the
				distributor.
To receive payment for venison processing, the meat
				processor shall submit to the distributor a copy of the venison pickup and
				invoice form, the department form that provides information on each donated
				deer, and any additional information that is required by the department on the
				form provided.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 116 - Help Us Stop Hunger Program Administration › Rule 571-116.8 - Partnerships With Other Organizations

Current through Register Vol. 47, No. 3, July 24, 2024
The department, at its own discretion, may enter into
				  agreements with other organizations for the purpose of expanding the deer
				  donation program. The department may include the offer of matching grants to
				  pay for deer processing to organizations that acquire funding from sources
				  other than the state of Iowa.
Iowa Administrative Code › Agency 575 - Preserves, State Advisory Board For › Chapter 1 - Organization and Operation › Rule 575-1.1 - Function

Current through Register Vol. 47, No. 3, July 24, 2024
The state advisory board for preserves was created by Iowa Code chapter 465 C and is charged with the responsibility of locating, identifying, evaluating, and dedicating areas as state preserves.
(1)
Organization and operation
			 location.
The state advisory board for preserves is located within the
			 Department of Natural Resources office, Wallace State Office Building, Capitol
			 Complex, Des Moines, Iowa 50319. Office hours are from 8 a.m. to 4:30 p.m.,
			 Monday through Friday.
(2)
Membership.
The state advisory board for preserves consists of
			 seven members, six of whom are appointed by the governor following the
			 procedures detailed in the Code of Iowa.
Iowa Administrative Code › Agency 575 - Preserves, State Advisory Board For › Chapter 1 - Organization and Operation › Rule 575-1.4 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall organize annually by the election of a chairperson. The board shall meet annually and at such times as it deems necessary. Meetings may be called either by the chairperson or on request to the chairperson by three board members.
All board meetings shall comply with Iowa Code chapter 21. A quorum of two-thirds of the board members must be present to transact business. Meetings follow Robert's Rules of Order. Minutes of each meeting are available from the Chairperson, State Preserves Advisory Board, Department of Natural Resources, Wallace State Office Building, Capitol Complex, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 575 - Preserves, State Advisory Board For › Chapter 1 - Organization and Operation › Rule 575-1.5 - Open Records

Current through Register Vol. 47, No. 3, July 24, 2024
All public records of the board are available for public inspection during business hours. Requests to obtain records may be made by mail, telephone, or in person to the Director's Office, Department of Natural Resources. Minutes of the board meetings may be obtained without charge. Other records requiring more than five copies may be obtained upon payment of the actual cost for copying. Information concerning the nature and location of any preserve for which the excavation, destruction, or removal of a resource contained therein may be made available to the public imless such disclosure would create a risk or harm to such resources or to the site at which such resources are located.
Iowa Administrative Code › Agency 575 - Preserves, State Advisory Board For › Chapter 1 - Organization and Operation › Rule 575-1.6 - Biennial Reports

Current through Register Vol. 47, No. 3, July 24, 2024
The state preserves advisory board shall prepare a report accounting for the number of preserves in the state preserve system and containing any other pertinent information to be presented to the governor and legislature before January 15 on odd-numbered years.
Iowa Administrative Code › Agency 575 - Preserves, State Advisory Board For › Chapter 1 - Organization and Operation › Rule 575-1.8 - Petition for Adoption of Rules Under Iowa Code Section 17a.7

Current through Register Vol. 47, No. 3, July 24, 2024
A petition under Iowa Code section 17A.7 shall be made to the State Preserves Advisory Board, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319. The petition shall be submitted in writing; state the full name and address of the petitioner; set forth clearly and concisely the text of the proposed rule, or as precisely as possible the substance of the proposed rule; and state the facts, arguments, and data that favor the proposed rule. The petition must be subscribed by the petitioner, by an authorized officer of the petitioner if it be a corporation, organization, or other legal entity, or by the petitioner's attorney. The preserves board shall either initiate rule-making proceedings or deny the petition within 60 days of receipt of the petition. If the petition is denied, the preserves board shall cause a statement to be sent to the petitioner which indicates the reasons for denial.
Iowa Administrative Code › Agency 575 - Preserves, State Advisory Board For › Chapter 2 - Management of State Preserves › Rule 575-2.1 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
As used in these rules, the following definitions
			 shall apply:
"Articles of dedication"
means those terms described in Iowa Code section 465C.9.
"Board"
means the state preserves advisory board.
"Commission "
means the natural resource commission.
"Department"
means the department of natural resources.
"Director"
means director of the department of natural resources.
"Preserve"
means the same as defined in Iowa Code section 465C.I.
(2)
Types
			 of preserves.
There shall be five major classes of preserves.
a.
Natural preserves.
These
			 areas contain natural communities, habitats, native flora and fauna, or
			 endangered, threatened, or rare organisms.
b.
Archaeological
			 preserves.
These areas contain significant deposits left by
			 prehistoric or early historic peoples.
c.
Historical preserves.
These are sites that contain structures or places that are of significance in
			 studying the tenure of humans in Iowa since the advent of the first
			 Euro-American explorers.
d.
Geological preserves.
These are areas which contain rare or
			 distinctive landforms, fossils, stratigraphic sections, mineral deposits or
			 examples of mining history; type or reference sections; or other special
			 features or deposits which represent the events and processes of Iowa's earth
			 history.
e.
Scenic
			 preserves.
These are areas that contain scenic features of aesthetic,
			 scientific, or educational value.
Iowa Administrative Code › Agency 575 - Preserves, State Advisory Board For › Chapter 2 - Management of State Preserves › Rule 575-2.2 - Management Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administration and management.
The administrative and
			 management authority shall be agreed upon by the board, the property owner, and
			 the manager
(2)
Management
			 plan.
For each preserve, an authorized representative of the owner
			 shall prepare a management plan in consultation with the department staff
			 assigned to the board. The management plan shall be consistent with the
			 articles of dedication and shall include identification of uses of the preserve
			 that are compatible and incompatible with its dedication as a preserve. The
			 management plan shall be amended from time to time as appropriate in response
			 to new information. The management plan and amendments shall be submitted to
			 the board for approval. The department shall keep a copy of the current
			 management plan. A management plan for a new preserve shall be submitted for
			 approval by the board in conjunction with approval of dedication of the
			 preserve. Management plans for existing preserves shall be prepared and
			 submitted for approval as resources are available. If the director and board
			 disagree concerning the plan for a department-managed preserve, the
			 disagreement shall be resolved by obtaining commission approval of a management
			 plan.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 1 - General › Rule 591-1.1 - Description of Iowa Comprehensive Petroleum Underground Storage Tank Fund Board

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa comprehensive petroleum underground storage tank fund
				board is a five-member board consisting of the director of the department of
				natural resources or the director's designee, the treasurer of the state of
				Iowa or the treasurer's designee, the commissioner of insurance or the
				commissioner's designee, and two public members appointed by the governor and
				confirmed by the senate. The two public members shall have experience in either
				financial markets or insurance, or both, and shall serve staggered four-year
				terms, except that of the first public members appointed, one shall be
				appointed for a term of two years and one for a term of four years. The board
				staff shall consist of an administrator selected by the board, who shall also
				serve as the board secretary, and additional staff as approved by the
				board.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 1 - General › Rule 591-1.2 - Mission of the Board

Current through Register Vol. 47, No. 3, July 24, 2024
The mission of the board is to assist Iowa's owners and
				operators of petroleum underground storage tanks to comply with minimum
				technical and financial responsibility standards and to otherwise assist in
				fulfilling the goals and objectives of Iowa Code chapter
				455G.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 1 - General › Rule 591-1.3 - General Course and Method of Operations

Current through Register Vol. 47, No. 3, July 24, 2024
Regular meetings of the board shall be held monthly on the
				fourth Thursday of each month at 10 a.m. in the Office of the Insurance
				Commissioner, 330 E. Maple, Des Moines, Iowa, unless another time and place are
				designated by the board. The board may also hold special meetings as it deems
				appropriate. The purposes of such meetings shall be to review progress in
				implementation and administration of board programs, to consider and act upon
				proposals, to establish policy as needed, and to take actions as necessary and
				appropriate.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 1 - General › Rule 591-1.4 - Location Where Public May Submit Requests for Assistance or Information

Current through Register Vol. 47, No. 3, July 24, 2024
Requests for assistance or information should be directed to
				Administrator, Iowa Comprehensive Petroleum Underground Storage Tank find
				Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266, telephone
				number (515)225-9263. Requests may be made personally, by telephone, mail or
				any other medium available, between the hours of 8:30 a.m. and 4:30 p.m.,
				Monday through Friday. Special arrangements for accessibility of the board at
				other times will be provided as needed.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 1 - General › Rule 591-1.5 - Potential Conflicts of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
A conflict of interest exists when a member of the board
				participates in a way that directly affects the personal or financial interests
				of the board member or an immediate family member Any board member who may have
				a personal or financial interest in an action shall abstain from voting and
				shall be disqualified from serving and participating in deliberations,
				evaluations and decisions in bringing forth the proposal to the board for
				consideration. The board member or members who have or think they may have a
				conflict of interest shall declare that there is or may be a conflict of
				interest. When a conflict of interest is determined to exist, the board member
				shall abstain from voting and shall be recorded as abstaining when votes are
				taken. A majority of a quorum is necessary for any substantive action taken by
				the board. A quorum may include any member who has a conflict of interest, and
				a statement of a conflict of interest shall be conclusive for this
				purpose.
Any member who has a conflict of interest shall not defeat the
				quorum and shall not be eligible to vote on the matter in conflict. Any vote by
				a member with a conflict shall be excluded.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 2 - Petitions for Rule Making › Rule 591-2.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person or board may file a petition for rule making with
				the board at the following address: Administrator, Iowa Comprehensive Petroleum
				Underground Storage Tank find Board, 2700 Westown Parkway, Suite 320, West Des
				Moines, Iowa 50266. A petition is deemed filed when it is received by that
				office. The board must provide the petitioner with a file-stamped copy of the
				petition if the petitioner provides the board an extra copy for this purpose.
				The petition must be typewritten or legibly handwritten in ink and must
				substantially conform to the following form:
IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND
				BOARD
Petition by (Name of Petitioner) for the (adoption,amendment,or
				repeal) of rule releting to (state subject matter).
}
PETITION FOR RULE MAKING
The petition must provide the following information:
1. A statement of the specific rule-making
			 action sought by the petitioner including the text or a summary of the contents
			 of the proposed rule or amendment to a rule and, if it is a petition to amend
			 or repeal a rule, a citation and the relevant language to the particular
			 portion or portions of the rule proposed to be amended or repealed.
2. A citation to any law deemed relevant to
			 the board's authority to take the action urged or to the desirability of that
			 action.
3. A brief summary of
			 petitioner's arguments in support of the action urged in the
			 petition.
4. A brief summary of any
			 data supporting the action urged in the petition.
5. 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 proposed action which is the subject of the
			 petition.
6. Any request by
			 petitioner for a meeting provided for by rule 2.4(17A).
(1) 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.
(2) The board may deny a petition because it
			 does not substantially conform to the required form.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 2 - Petitions for Rule Making › Rule 591-2.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of
				the action urged in the petition. The board may request a brief from the
				petitioner or from any other person concerning the substance of the
				petition.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 2 - Petitions for Rule Making › Rule 591-2.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				may be made to Administrator, Iowa Comprehensive Petroleum Underground Storage
				Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa
				50266.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 2 - Petitions for Rule Making › Rule 591-2.4 - Board Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
			 14 days after the filing of a petition, the board must submit a copy of the
			 petition and any accompanying brief to the administrative rules coordinator and
			 to the administrative rules review committee. Upon request by petitioner in the
			 petition, the board must schedule a brief and informal meeting between the
			 petitioner and the board, a member of the board, or a member of the staff of
			 the board, to discuss the petition. The board may request the petitioner to
			 submit additional information or argument concerning the petition. The board
			 may also solicit comments from any person on the substance of the petition.
			 Also, comments on the substance of the petition may be submitted to the board
			 by any person.
(2) Within 60 days
			 after the filing of the petition, or within any longer period agreed to by the
			 petitioner, the board must, in writing, deny the petition and notify petitioner
			 of its action and the specific grounds for the denial, or grant the petition
			 and notify petitioner that it has instituted rule-making proceedings on the
			 subject of the petition. Petitioner shall be deemed notified of the denial or
			 grant of the petition on the date when the board mails or delivers the required
			 notification to petitioner
(3)
			 Denial of a petition because it does not substantially conform to the required
			 form does not preclude the filing of a new petition on the same subject that
			 seeks to eliminate the grounds for the board's rejection of the
			 petition.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the Iowa comprehensive
				petroleum underground storage tank fund board for a declaratory order as to the
				applicability to specified circumstances of a statute, rule, or order within
				the primary jurisdiction of the board at the following address: Administrator,
				Iowa Comprehensive Petroleum Underground Storage Tank find Board, 2700 Westown
				Parkway, Suite 320, West Des Moines, Iowa 50266. A petition is deemed filed
				when it is received by that office. The board shall provide the petitioner with
				a file-stamped copy of the petition if the petitioner provides the board an
				extra copy for this purpose. The petition must be typewritten or legibly
				handwritten in ink and must substantially conform to the following form:
IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND
				BOARD
Petition by (Name of Petitioner) for a Declaratory Order on a
				Declaratory Order on
}
PETITION FOR DECLARATORY ORDER
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 3.7(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 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.2 - 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 board shall give notice of the petition to all persons not served by
				the petitioner pursuant to 3.6(17A) to whom notice is required by any provision
				of law. The board may also give notice to any other persons.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.3 - 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 30 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 board.
(3) A
			 petition for intervention shall be filed at Administrator, Iowa Comprehensive
			 Petroleum Underground Storage Tank find Board, 2700 Westown Parkway, Suite 320,
			 West Des Moines, Iowa 50266. Such a petition is deemed filed when it is
			 received by that office. The board 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:
IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND
				BOARD
Petition by (Name of Original Petitioner for a Declaratory
				Order on (Cite provision of law cited in original petition
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervenor'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 intervenor'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 intervenor'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
				intervenor's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervenor's representative, and a
				statement indicating the person to whom communication should be
				directed.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.4 - 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 board may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to Administrator, Iowa Comprehensive Petroleum
				underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des
				Moines, Iowa 50266.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.6 - 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 Administrator, Iowa
			 Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown
			 Parkway, Suite 320, West Des Moines, Iowa 50266. All petitions, briefs, or
			 other papers that are required to be served upon a party shall be filed
			 simultaneously with the board.
(3)
Method of service, time off filing, and proof of mailing.
Method of service, time of filing, and proof of mailing shall be as provided by
			 591-17.13
			 (17A).
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the board must schedule a brief and
				informal meeting between the original petitioner, all intervenors, and the
				board, a member of the board, or a member of the staff of the administrator to
				discuss the questions raised. The board may solicit comments from any person on
				the questions raised. Also, comments on the questions raised may be submitted
				to the Administrator, Iowa Comprehensive Petroleum Underground Storage Tank
				Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266, by
				any person.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within the
			 time allowed by Iowa Code section
			 17A.9(5),
			 after receipt of a petition for a declaratory order, the board or designee
			 shall take action on the petition as required by Iowa Code section
			 17A.9(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order is as defined in
			 591-17.2 (17
			 A).
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board
			 shall not issue a declaratory order where prohibited by Iowa Code section
			 17A.9(1)
			  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 board to issue an
			 order
3. The board 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 board 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 unclear, 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 a board 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 board to
			 determine whether a statute is unconstitutional on its face.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.10 - 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 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.11 - Copies of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A copy of all orders issued in response to a petition for a
				declaratory order shall be mailed promptly to the original petitioner and all
				intervenors.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 3 - Declaratory Orders › Rule 591-3.12 - 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 board,
				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
				board. The issuance of a declaratory order constitutes final board action on
				the petition.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				all rules adopted by the board are subject to the provisions of Iowa Code
				chapter 17A, the Iowa administrative procedure Act, and the provisions of this
				chapter
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the board
				may, before publication of a Notice of Intended Action under Iowa Code section
				17A.4(1)
"a, "
solicit comments from
				the public on a subject matter of possible rule making by the board by causing
				notice to be published in the Iowa Administrative Bulletin of the subject
				matter and indicating where, when, and how persons may
				comment.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The board shall maintain a current public
			 rule-making docket.
(2)
Anticipated rule making.
The rule-making docket shall list
			 each anticipated rule-making proceeding. A rule-making proceeding is deemed
			 "anticipated" from the time a draft of proposed rules is distributed for
			 internal discussion within the board. For each anticipated rule-making
			 proceeding the docket shall contain a listing of the precise subject matter
			 which may be submitted for consideration by the board for subsequent proposal
			 under the provisions of Iowa Code section
			 17A.4(1)
"a, "
the name and address
			 of board personnel with whom persons may communicate with respect to the
			 matter, and an indication of the present status within the board of that
			 possible rule. The board may also include in the docket other subjects upon
			 which public comment is desired.
(3)
Pending rule-making
			 proceedings.
The rule-making docket shall list each pending
			 rule-making proceeding. A rule-making proceeding is pending from the time it is
			 commenced, by publication in the Iowa Administrative Bulletin of a Notice of
			 Intended Action pursuant to Iowa Code section
			 17A.4(1)
"a, "
to the time it is
			 terminated, by publication of a Notice of Termination in the Iowa
			 Administrative Bulletin or the rule becoming effective. For each rule-making
			 proceeding, the docket shall indicate:
a. The
			 subject matter of the proposed rule;
b. A citation to all published notices
			 relating to the proceeding;
c.
			 Where written submissions on the proposed rule may be inspected;
d. The time during which written submissions
			 may be made;
e. The names of
			 persons who have made written requests for an opportunity to make oral
			 presentations on the proposed rule, where those requests may be inspected, and
			 where and when oral presentations may be made;
f. Whether a written request for the issuance
			 of a regulatory analysis, or a concise statement of reasons, has been filed,
			 whether such an analysis or statement or a fiscal impact statement has been
			 issued, and where any such written request, analysis, or statement may be
			 inspected;
g. The current status of
			 the proposed rule and any board determinations with respect thereto;
h. Any known timetable for board decisions or
			 other action in the proceeding;
i.
			 The date of the rule's adoption;
j.
			 The date of the rule's filing, indexing, and publication;
k. The date on which the rule will become
			 effective; and
l. Where the
			 rule-making record may be inspected.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35 days before the adoption of a rule the
			 board shall cause Notice of Intended Action to be published in the Iowa
			 Administrative Bulletin. The Notice of Intended Action shall include:
a. A brief explanation of the purpose of the
			 proposed rule;
b. The specific
			 legal authority for the proposed rule;
c. Except to the extent impracticable, the
			 text of the proposed rule;
d.
			 Where, when, and how persons may present their views on the proposed rule;
			 and
e. Where, when, and how persons
			 may demand an oral proceeding on the proposed rule if the notice does not
			 already provide for one.
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the board shall include in the
				notice a statement fully describing the specific subject matter of the omitted
				portion of the text of the proposed rule, the specific issues to be addressed
				by that omitted text of the proposed rule, and the range of possible choices
				being considered by the board for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of
			 the Notice of Intended Action, persons may submit argument, data, and views, in
			 writing, on the proposed rule. Such written submissions should identify the
			 proposed rule to which they relate and should be submitted to Administrator,
			 Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown
			 Parkway, Suite 320, West Des Moines, Iowa 50266, or the person designated in
			 the Notice of Intended Action.
(2)
Oral proceedings.
The board may, at any time, schedule an oral
			 proceeding on a proposed rule. The board shall schedule an oral proceeding on a
			 proposed rule if, within 20 days after the published Notice of Intended Action,
			 a written request for an opportunity to make oral presentations is submitted to
			 the board by the administrative rules review committee, a governmental
			 subdivision, a board, an association having not less than 25 members, or at
			 least 25 persons. That request must also contain the following additional
			 information:
1. A request by one or more
			 individual persons must be signed by each of them and include the address and
			 telephone number of each of them.
2. A request by an association must be signed
			 by an officer or designee of the association and must contain a statement that
			 the association has at least 25 members and the address and telephone number of
			 the person signing that request.
3.
			 A request by a board or governmental subdivision must be signed by an official
			 having authority to act on behalf of the entity and must contain the address
			 and telephone number of the person signing that request.