reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 2 - Purchasing › Rule 531-2.13 - Modification or Withdrawal of Bids

Current through Register Vol. 47, No. 3, July 24, 2024
Bids or proposals maybe modified or withdrawn prior to the time and date set for the bid or proposal opening. Modifications or withdrawals shall be in writing and delivered in a sealed envelope that properly identifies the correct bid or proposal to be modified or withdrawn. A bid or proposal may be withdrawn after opening only with the approval of the lottery if the lottery finds that an honest error was made by the vendor that will cause undue financial hardship to the vendor and that will not cause undue financial hardship or inconvenience to the lottery.
This rule is intended to implement Iowa Code Supplement sections 99G.7, 99G.9, 99G.2I, and 99G.23.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 2 - Purchasing › Rule 531-2.14 - Financial Security

Current through Register Vol. 47, No. 3, July 24, 2024
The lottery may require bid security, litigation security, and performance security on formal bids or proposals. When required, security may be by certified check, certificate of deposit, letter of credit made payable to the lottery, or any other form specified by the lottery.
This rule is intended to implement Iowa Code Supplement sections 99G.7, 99G.9, 99G.21, 99G.22, and 99G.23.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 2 - Purchasing › Rule 531-2.15 - Rejection of Bids and Proposals

Current through Register Vol. 47, No. 3, July 24, 2024
The lottery reserves the right to reject any or all bids or proposals. Bids and proposals may be rejected because of faulty specifications, abandonment of the project, insufficient funds, evidence of unfair or flawed bidding procedures, failure of a vendor to meet the lottery's requirements, or for any other reason if the lottery determines that its best interests will be served by rejecting any or all bids. Following the rejection of bids, new bids may be requested by the lottery at any time deemed convenient by the lottery.
This rule is intended to implement Iowa Code Supplement sections 99G.7, 99G.9, 99G.21, 99G.22, and 99G.23.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 2 - Purchasing › Rule 531-2.16 - Background and Informational Statements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Criminal history and background
			 checks.
a. All bidders for major
			 procurements, as defined in Iowa Code Supplement section
			 99G.3, and any other bidders
			 that the chief executive officer, in the chief executive officer's sole
			 discretion, may require (hereinafter "bidder") shall submit to lottery business
			 entity criminal history checks and background investigations (hereinafter
			 "bidder investigations") as conditions for submission of a bid.
b. Bidders for major procurements shall be
			 required to describe their organizational structure, identify key personnel,
			 and subject key personnel to lottery bidder key personnel
			 investigations.
c. Bidders that are
			 not bidders for major procurements may be required to describe their
			 organizational structure, identify key personnel, and subject key personnel to
			 lottery bidder key personnel investigations.
d. For all bidders, any change in key
			 personnel during the bidding process or during the contract term must be
			 reported to the lottery authority before the change occurs. Replacement
			 personnel will be subject to investigation.
e. If, during the course of any
			 investigation, it is determined that either a bidder for a major procurement or
			 any persons employed by or associated with a bidder for a major procurement who
			 are the subjects of key personnel investigations in accordance with subrule
			 2.16(3) have been convicted of any state or federal felony related to the
			 security or integrity of the lottery in Iowa or any other jurisdiction, the
			 bidder will be automatically disqualified from the selection process without
			 further investigation.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.1 - 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 Iowa lottery authority 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 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.2 - 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 lottery 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 lottery 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 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The
			 lottery 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 lottery. 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(I)
"a, "
the name and address of agency personnel with whom
			 persons may communicate with respect to the matter, and an indication of the
			 present status within the lottery of that possible rule. The lottery 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 I7A.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 agency determinations with
			 respect thereto;
h. Any known
			 timetable for agency 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 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.4 - 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 lottery 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 lottery 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 lottery for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.5 - 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 the Iowa Lottery Authority, 13001 University Avenue,
			 Clive, Iowa 50325-8225, or the person designated in the Notice of Intended
			 Action.
(2)
Oral
			 proceedings.
The lottery may, at any time, schedule an oral proceeding
			 on a proposed rule. The lottery 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 lottery by the administrative rules review committee, a governmental
			 subdivision, an agency, an association having not less than 25 members, or at
			 least 25 persons. That request must also contain the following additional
			 information:
a. A request by one or more
			 individual persons must be signed by each person and include the address and
			 telephone number of each person.
b.
			 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.
c. A request by an agency
			 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.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
			 A
"small business" is defined in Iowa Code section
			 17A.4A(7).
(2)
Mailing
			 list.
Small businesses or organizations of small businesses may be
			 registered on the lottery's small business impact list by making a written
			 application addressed to the Iowa Lottery Authority, 13001 University Avenue,
			 Clive, Iowa 50325-8225. The application for registration shall state:
a. The name of the small business or
			 organization of small businesses;
b. Its address;
c. The name of a person authorized to
			 transact business for the applicant;
d. A description of the applicant's business
			 or organization. An organization representing 25 or more persons who qualify as
			 a small business shall indicate that fact.
e. Whether the registrant desires copies of
			 Notices of Intended Action at cost, or desires advance notice of the subject of
			 all or some specific category of proposed rule making affecting small business.
The lottery may at any time request additional information from
				the applicant to determine whether the applicant is qualified as a small
				business or as an organization of 25 or more small businesses. The lottery may
				periodically send a letter to each registered small business or organization of
				small businesses asking whether that business or organization wishes to remain
				on the registration list. The name of a small business or organization of small
				businesses will be removed from the list if a negative response is received, or
				if no response is received within 30 days after the letter is sent.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed rule that mandates additional combined expenditures exceeding $100,000
			 by all affected political subdivisions or agencies and entities which contract
			 with political subdivisions to provide services must be accompanied by a fiscal
			 impact statement outlining the costs associated with the rule. A fiscal impact
			 statement must satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the lottery determines at the time it
			 adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the lottery shall, at the same time, issue a corrected fiscal
			 impact statement and publish the corrected fiscal impact statement in the Iowa
			 Administrative Bulletin.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 lottery shall not adopt a rule until the period for making written submissions
			 and oral presentations has expired. Within 180 days after the later of the
			 publication of the Notice of Intended Action, or the end of oral proceedings
			 thereon, the lottery shall adopt a rule pursuant to the rule-making proceeding
			 or terminate the proceeding by publication of a notice to that effect in the
			 Iowa Administrative Bulletin.
(2)
Consideration of public comment.
Before the adoption of a
			 rule, the lottery shall consider fully all of the written submissions and oral
			 submissions received in that rule-making proceeding or any memorandum
			 summarizing such oral submissions, and any regulatory analysis or fiscal impact
			 statement issued in that rule-making proceeding.
(3)
Reliance on agency
			 expertise.
Except as otherwise provided by law, the lottery may use
			 its own experience, technical competence, specialized knowledge, and judgment
			 in the adoption of a rule.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The lottery
			 shall not adopt a rule that differs from the rule proposed in the Notice of
			 Intended Action on which the rule is based unless:
a. The differences are within the scope of
			 the subject matter announced in the Notice of Intended Action and are in
			 character with the issues raised in that notice; and
b. The differences are a logical outgrowth of
			 the contents of that Notice of Intended Action and the comments submitted in
			 response thereto; and
c. The Notice
			 of Intended Action provided fair warning that the outcome of that rule-making
			 proceeding could be the rule in question.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the lottery for good cause finds that public
			 notice and participation are unnecessary, impracticable, or contrary to the
			 public interest in the process of adopting a particular rule, the lottery may
			 adopt that rule without publishing advance Notice of Intended Action in the
			 Iowa Administrative Bulletin and without providing for written or oral public
			 submissions prior to its adoption. The lottery shall incorporate the required
			 finding and a brief statement of its supporting reasons in each rule adopted in
			 reliance upon this subrule.
(2)
Categories exempt.
The following narrowly tailored categories
			 of rules are exempted from the usual public notice and participation
			 requirements because those requirements are unnecessary, impracticable, or
			 contrary to the public interest with respect to each and every member of the
			 defined class:
a. Rules relating to lottery
			 games.
b. Reserved.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested by a person, either prior to the
			 adoption of a rule or within 30 days after its publication in the Iowa
			 Administrative Bulletin as an adopted rule, the lottery shall issue a concise
			 statement of reasons for the rule. Requests for such a statement must be in
			 writing and be delivered to the Iowa Lottery Authority, 13001 University
			 Avenue, Clive, Iowa 50325-8225. The request should indicate whether the
			 statement is sought for all or only a specified part of the rule. Requests will
			 be considered made on the date received.
(2)
Contents.
The concise
			 statement of reasons shall contain:
a. The
			 reasons for adopting the rule;
b.
			 An indication of any change between the text of the proposed rule contained in
			 the published Notice of Intended Action and the text of the rule as finally
			 adopted, with the reasons for any such change;
c. The principal reasons urged in the
			 rule-making proceeding for and against the rule, and the lottery's reasons for
			 overruling the arguments made against the rule.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule adopted by the lottery shall contain the
			 text of the rule and, in addition:
a. The date
			 the lottery adopted the rule;
b. A
			 brief explanation of the principal reasons for the rule-making action if such
			 reasons are required by Iowa Code section
			 17A.4(Ib)  or
			 the lottery in its discretion decides to include such reasons;
c. A reference to all rules repealed,
			 amended, or suspended by the rule;
d. A reference to the specific statutory or
			 other authority authorizing adoption of the rule;
e. Any findings required by any provision of
			 law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
			 reasons for the failure to provide for waivers to the rule if no waiver
			 provision is included and a brief explanation of any waiver or special
			 exceptions provided in the rule if such reasons are required by Iowa Code
			 section I7A.4(lb), or the lottery in its discretion decides to include such
			 reasons; and
g. The effective date
			 of the rule.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.13 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The lottery
			 shall maintain an official rule-making record for each rule it proposes by
			 publication in the Iowa Administrative Bulletin of a Notice of Intended Action,
			 or adopts. The rule-making record and materials incorporated by reference must
			 be available for public inspection.
(2)
Contents.
The lottery
			 rule-making record shall contain:
a. Copies
			 of all publications in the Iowa Administrative Bulletin with respect to the
			 rule or the proceeding upon which the rule is based and any file-stamped copies
			 of agency submissions to the administrative rules coordinator concerning that
			 rule or the proceeding upon which it is based;
b. Copies of any portions of the lottery's
			 public rule-making docket containing entries relating to the rule or the
			 proceeding upon which the rule is based;
c. All written petitions, requests, and
			 submissions received by the lottery, and all other written materials of a
			 factual nature as distinguished from opinion that are relevant to the merits of
			 the rule and that were created or compiled by the lottery and considered by the
			 chief executive officer of the lottery, in connection with the formulation,
			 proposal, or adoption of the rule or the proceeding upon which the rule is
			 based, except to the extent the lottery is authorized by law to keep them
			 confidential; provided, however, that when any such materials are deleted
			 because they are authorized by law to be kept confidential, the lottery shall
			 identify in the record the particular materials deleted and state the reasons
			 for that deletion;
d. Any official
			 transcript of oral presentations made in the proceeding upon which the rule is
			 based or, if not transcribed, the stenographic record or electronic recording
			 of those presentations, and any memorandum prepared by a presiding officer
			 summarizing the contents of those presentations;
e. A copy of any regulatory analysis or
			 fiscal impact statement prepared for the proceeding upon which the rule is
			 based;
f. A copy of the rule and
			 any concise statement of reasons prepared for that rule;
g. All petitions for amendments or repeal or
			 suspension of the rule;
h. A copy
			 of any objection to the issuance of that rule without public notice and
			 participation that was filed pursuant to Iowa Code section I7A.4(2) by the
			 administrative rules review committee, the governor, or the attorney
			 general;
i. A copy of any objection
			 to the rule filed by the administrative rules review committee, the governor,
			 or the attorney general pursuant to Iowa Code section I7A.4(4), and any agency
			 response to that objection;
j. A
			 copy of any significant written criticism of the rule, including a summary of
			 any petitions for waiver of the rule; and
k. Acopy of any executive order concerning
			 the rule.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The lottery shall file each rule it adopts in the office of the administrative rules coordinator The filing must be executed as soon after adoption of the rule as is practicable. At the time of filing, each rule must have attached to it any fiscal impact statement and any concise statement of reasons that was issued with respect to that rule. If a fiscal impact statement or statement of reasons for that rule was not issued until a time subsequent to the filing of that rule, the note or statement must be attached to the filed rule within five working days after the note or statement is issued. In filing a rule, the lottery shall use the standard form prescribed by the administrative rules coordinator
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The lottery may
			 make a rule effective after its filing at any stated time prior to 35 days
			 after its indexing and publication in the Iowa Administrative Bulletin if it
			 finds that a statute so provides, the rule confers a benefit or removes a
			 restriction on some segment of the public, or that the effective date of the
			 rule is necessary to avoid imminent peril to the public health, safety, or
			 welfare. The lottery shall incorporate the required finding and a brief
			 statement of its supporting reasons in each rule adopted in reliance upon this
			 subrule.
(2)
Special
			 notice.
When the lottery makes a rule effective prior to its indexing
			 and publication in reliance upon the provisions of Iowa Code section I7A.5(2)
			 "Z; "(3), the lottery shall employ all reasonable efforts to make its contents
			 known to the persons who may be affected by that rule prior to the rule's
			 indexing and publication. The term "all reasonable efforts" requires the
			 lottery to employ the most effective and prompt means of notice rationally
			 calculated to inform potentially affected parties of the effectiveness of the
			 rule that is justified and practical under the circumstances considering the
			 various alternatives available for this purpose, the comparative costs to the
			 lottery of utilizing each of those alternatives, and the harm suffered by
			 affected persons from any lack of notice concerning the contents of the rule
			 prior to its indexing and publication. The means that may be used for providing
			 notice of such rules prior to their indexing and publication include, but are
			 not limited to, any one or more of the following means: radio, newspaper,
			 television, signs, mail, telephone, personal notice or electronic means.
A rule made effective prior to its indexing and publication in
				reliance upon the provisions of Iowa Code section
				17A.5(2)
"b
"(3) shall include in that rule a statement describing the
				reasonable efforts that will be used to comply with the requirements of subrule
				3.15(2).
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public
			 inspection.
The lottery shall maintain an official, current, and dated
			 compilation that is indexed by subject, containing all of its general
			 statements of policy within the scope of Iowa Code section
			 17A.2(I0)
"a, " "c, " "f, " "g, " "h, "
and
"k. "
Each
			 addition to, change in, or deletion from the official compilation must also be
			 dated, indexed, and a record thereof kept. Except for those portions containing
			 rules governed by Iowa Code section
			 17A.2(7)
"f, "
or otherwise authorized by law to be kept confidential,
			 the compilation must be made available for public inspection and
			 copying.
(2)
Enforcement of
			 requirements. A
general statement of policy subject to the
			 requirements of this rule shall not be relied on by the lottery to the
			 detriment of any person who does not have actual, timely knowledge of the
			 contents of the statement until the requirements of subrule 3.16(1) are
			 satisfied. This provision is inapplicable to the extent necessary to avoid
			 imminent peril to the public health, safety, or welfare.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 3 - Procedure for Rule Making › Rule 531-3.17 - Review by Agency of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 interested person, association, agency, or political subdivision may submit a
			 written request to the administrative rules coordinator requesting the lottery
			 to conduct a formal review of a specified rule. Upon approval of that request
			 by the administrative rules coordinator, the lottery shall conduct a formal
			 review of a specified rule to determine whether a new rule should be adopted
			 instead or the rule should be amended or repealed. The lottery may refuse to
			 conduct a review if it has conducted such a review of the specified rule within
			 five years prior to the filing of the written request.
(2) In conducting the formal review, the
			 lottery shall prepare within a reasonable time a written report summarizing its
			 findings, its supporting reasons, and any proposed course of action. The report
			 must include a concise statement of the lottery's findings regarding the rule's
			 effectiveness in achieving its objectives, including a summary of any available
			 supporting data. The report shall also concisely describe significant written
			 criticisms of the rule received during the previous five years, including a
			 summary of any petitions for waiver of the rule received by the lottery or
			 granted by the lottery. The report shall describe alternative solutions to
			 resolve the criticisms of the rule, the reasons any were rejected, and any
			 changes made in the rule in response to the criticisms as well as the reasons
			 for the changes. A copy of the lottery's report shall be sent to the
			 administrative rules review committee and the administrative rules coordinator
			 The report must also be available for public inspection.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.2 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, "a waiver" means action by the
				lottery authority board that suspends in whole or in part the requirements or
				provisions of a rule as applied to an identified person on the basis of the
				particular circumstances of that person.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.3 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a uniform process for the granting of individual waivers from rules adopted by the lottery authority board in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific provision shall supersede this chapter with respect to any waiver from that rule.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.4 - Applicability of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The lottery authority board may grant a waiver from a rule only if the board has jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. The board may not waive requirements created or imposed by statute.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.5 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				531-5.6(17A), the board may in its sole discretion issue an order waiving in
				whole or in part the requirements of a rule if the board finds, based on clear
				and convincing evidence, all of the following:
1.  The application of the rule would impose an undue hardship
				on the person for whom the waiver is requested;
2.  The waiver from the requirements of the rule in the specific
				case would not prejudice the substantial legal rights of any person;
3.  The provisions of the rule subject to the petition for a
				waiver are not specifically mandated by statute or another provision of law;
				and
4.  Substantially equivalent protection of public health, safety
				and welfare will be afforded by a means other than that prescribed in the
				particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.6 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the board, as follows:
(1)
License
			 application.
If the petition relates to a license application, the
			 petition shall be made in accordance with the filing requirements for the
			 license in question.
(2)
Contested cases.
If the petition relates to a pending
			 contested case, the petition shall be filed in the contested case proceeding,
			 using the caption of the contested case.
(3)
Other.
If the petition
			 does not relate to a license application or a pending contested case, the
			 petition may be submitted to the board's executive secretary.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.7 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information where applicable and known to the requester:
1.The name, address, and telephone number of
			 the person or entity for which a waiver is being requested and the case number
			 of any related contested case;
2. A
			 description and citation of the specific rule from which a waiver is
			 requested;
3.The specific waiver
			 requested, including the precise scope and duration;
4.The relevant facts that the petitioner
			 believes would justify a waiver under each of the four criteria described in
			 rule 531-4.5 (99G). This statement
			 shall include a signed statement from the petitioner attesting to the accuracy
			 of the facts provided in the petition and a statement of reasons that the
			 petitioner believes will justify a waiver;
5. A history of any prior contacts between
			 the board and the petitioner relating to the activity or license affected by
			 the proposed waiver, including a description of each affected license held by
			 the requester, any notices of violation, contested case hearings, or
			 investigative reports relating to the activity or license within the last five
			 years;
6.Any information known to
			 the requester regarding the board's treatment of similar cases;
7.The name, address, and telephone number of
			 any public agency or political subdivision which also regulates the activity in
			 question, or which might be affected by the granting of a waiver;
8.The name, address, and telephone number of
			 any person or entity that would be adversely affected by the granting of a
			 petition;
9.The name, address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver;
10.Signed
			 releases of information authorizing persons with knowledge regarding the
			 petition to furnish the board with information relevant to the
			 waiver
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.8 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the board may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the board may, on its own motion or at the petitioner's request, schedule a telephonic or in-person meeting between the petitioner and a quorum of the board.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.9 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall acknowledge a petition upon receipt. The board shall ensure that notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law within 30 days of the receipt of the petition. In addition, the board may give notice to other persons. To accomplish this notice provision, the board may require the petitioner to serve notice on all persons to whom notice is required by any provision of law and provide a written statement to the board attesting that notice has been provided.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.10 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings shall apply to any petition for a waiver filed within a contested case and shall otherwise apply to agency proceedings for a waiver only when the board so provides by rule or order or is required to do so by statute.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.11 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and shall contain a reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver if one is issued.
(1)
Board discretion.
The final decision on whether the
			 circumstances justify the granting of a waiver shall be made at the sole
			 discretion of the board, upon consideration of all relevant factors. The board
			 shall evaluate each fact based on the imique, individual circumstances set out
			 in the petition for waiver
(2)
Burden of persuasion.
The burden of persuasion rests with the
			 petitioner to demonstrate by clear and convincing evidence that the board
			 should exercise its discretion to grant a waiver from a board rule.
(3)
Narrowly tailored exception.
			 A
waiver, if granted, shall provide the narrowest exception possible
			 to the provisions of a rule.
(4)
Administrative deadlines.
When the rule from which a waiver is
			 sought establishes administrative deadlines, the board shall balance the
			 special individual circumstances of the petitioner with the overall goal of
			 uniform treatment of all similarly situated persons.
(5)
Conditions.
The board
			 may place any condition on a waiver that the board finds desirable to protect
			 the public health, safety, and welfare.
(6)
Time period of waiver A
waiver shall not be permanent imless the petitioner can show that a temporary
			 waiver would be impracticable. If a temporary waiver is granted, there is no
			 automatic right to renewal. At the sole discretion of the board, a waiver may
			 be renewed if the board finds that grounds for a waiver continue to
			 exist.
(7)
Time for
			 ruling.
The board shall grant or deny a petition for a waiver as soon
			 as practicable but, in any event, shall do so within 120 days of its receipt,
			 unless the petitioner agrees to a later date. However, if a petition is filed
			 in a contested case, the board shall grant or deny the petition no later than
			 the time at which the final decision in that contested case is
			 issued.
(8)
When deemed
			 denied.
Failure of the board to grant or deny a petition within the
			 required time period shall be deemed a denial of that petition by the board.
			 However, the board shall remain responsible for issuing an order denying a
			 waiver
(9)
Service of
			 order
Within seven days of its issuance, any order issued under this
			 chapter shall be transmitted to the petitioner or the person to whom the order
			 pertains and to any other person entitled to such notice by any provision of
			 law.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.12 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be indexed, filed, and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying waiver petitions are public records under Iowa Code chapter 22. Some petitions or orders may contain information the board is authorized or required to keep confidential. The board may accordingly redact confidential information from petitions or orders prior to public inspection.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.13 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of granting or denying a waiver, the board shall
				make a submission on the Internet site established pursuant to Iowa Code
				section 17A.9A for the submission of waiver information identifying the rules
				for which a waiver has been granted or denied, the number of times a waiver was
				granted or denied for each rule, a citation to the statutory provisions
				implemented by the rules, and a general summary of the reasons justifying the
				board's actions on waiver requests. If practicable, the report shall detail the
				extent to which the granting of a waiver has established a precedent for
				additional waivers and the extent to which the granting of a waiver has
				affected the general applicability of the rule itself.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.14 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be withdrawn, canceled, or modified if, after appropriate notice and hearing, the board issues an order finding any of the following:
1. The person who was the subject of the
			 waiver order withheld or misrepresented material facts relevant to the
			 propriety or desirability of the waiver; or
2.The substantially equivalent means for
			 ensuring that the public health, safety and welfare will be adequately
			 protected after issuance of the waiver order have been demonstrated to be
			 insufficient; or
3. The subject of
			 the waiver order has failed to comply with all conditions contained in the
			 order
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.15 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as a violation of the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 4 - Waiver Rules › Rule 531-4.16 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order is a defense within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined by
				Iowa Code section 17A.2(5)  and includes any matter defined as a no factual
				dispute contested case under Iowa Code section 17A.10A.
"Issuance "
means the date of mailing or
				otherwise electronically providing a copy of a decision or order or date of
				delivery if service is by other means unless another date is specified in the
				order.
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding officer"
means the administrative
				law judge.
"Proposed decision"
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.4 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
			 shall be computed as provided in Iowa Code subsection
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute
			 or by rule. Except for good cause stated in the record, before extending or
			 shortening the time to take any action, the presiding officer shall afford all
			 parties an opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.5 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
Any person claiming an entitlement to a contested case proceeding shall file a written request for such a proceeding within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the agency action in question.
The request for a contested case proceeding should state the name and address of the requester, identify the specific agency action which is disputed, and where the requester is represented by a lawyer identify the provisions of law or precedent requiring or authorizing the holding of a contested case proceeding in the particular circumstances involved, and include a short and plain statement of the issues of material fact in dispute.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.6 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
			 commencement of the contested case proceeding. Delivery may be executed by:
a. Personal or electronic service as
			 permitted in the Iowa Rules of Civil Procedure; or
b. Certified mail, return receipt requested;
			 or
c. First-class mail;
			 or
d. Publication, as provided in
			 the Iowa Rules of Civil Procedure.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.7 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party
			 who wishes to request that the presiding officer assigned to render a proposed
			 decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within 20 days after
			 service of a notice of hearing that identifies or describes the presiding
			 officer as the agency head or members of the agency.
(2) The chief executive officer of the
			 lottery may deny the request only upon a finding that one or more of the
			 following apply:
a. Neither the agency nor any
			 officer of the agency under whose authority the contested case is to take place
			 is a named party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
d. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
e. Funds are unavailable to
			 pay the costs of an administrative law judge and an interagency appeal.
f. The request was not timely
			 filed.
g. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 5 - Contested Cases › Rule 531-5.8 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural motions by telephone conference in which all parties have an opportunity to participate. Other telephone proceedings may be held with the consent of all parties. The presiding officer will determine the location of the parties and witnesses for telephone hearings. The convenience of the witnesses or parties, as well as the nature of the case, will be considered when location is chosen.