reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Iowa Emergency Response Commission › Chapter 103 - Local Emergency Planning Committees › Rule 605-103.4 - Emergency Response Plan Development

Current through Register Vol. 47, No. 3, July 24, 2024
The department recognizes that emergency planning includes
				  more than chemical release planning. The chemical release planning required by
				  this chapter and EPCRA shall be included in the comprehensive emergency
				  planning conducted by the local emergency management commission as required by
				  Iowa Code chapter 29C and planning standards of the Iowa homeland security and
				  emergency management department.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Iowa Emergency Response Commission › Chapter 103 - Local Emergency Planning Committees › Rule 605-103.5 - Local Emergency Planning Committee (LEPC) Office

Current through Register Vol. 47, No. 3, July 24, 2024
The LEPC shall designate a local government office that will
				  serve as the focal point for receiving nonemergency notifications from
				  facilities that are subject to the law. This office shall also be the
				  depository for safety data sheets, chemical lists, chemical inventory forms,
				  emergency response plans, and toxic chemical releases forms and a point of
				  contact for the public regarding community right-to-know inquiries, and the
				  office of record for minutes of the LEPC meetings and related committee
				  actions.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Iowa Emergency Response Commission › Chapter 103 - Local Emergency Planning Committees › Rule 605-103.6 - Local Emergency Response Committee (LEPC) Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The LEPC shall meet as frequently as deemed necessary by the
				  chair until the local emergency operations plan is developed and concurred with
				  by the joint administration and reviewed by the department. Subsequent to plan
				  approval, the LEPC is required to meet at least annually to review emergency
				  response procedures, emergency plans and ensure the actions required are
				  properly administered within the local emergency planning
				  district.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Iowa Emergency Response Commission › Chapter 103 - Local Emergency Planning Committees › Rule 605-103.7 - Local Emergency Response Plan Submission

Current through Register Vol. 47, No. 3, July 24, 2024
After completion of the initial emergency response plan and
				  any subsequent revisions thereto, the LEPC shall submit a copy to the
				  department. The department shall review the submission and make recommendations
				  to the LEPC on appropriate revisions that may be necessary to comply with
				  provisions in
				  42 U.S.C.
				  11003(c) and state planning standards in
				  605-Chapter 7 to ensure coordination with emergency response plans of other
				  emergency planning districts, the state of Iowa, and adjacent states. To the
				  maximum extent practicable, the review shall not delay implementation of the
				  plan or revisions thereto. All plans shall be submitted annually by August
				  1.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Iowa Emergency Response Commission › Chapter 104 - Required Reports and Records › Rule 605-104.1 - Department of Homeland Security and Emergency Management

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emergency planning notification.
The owner or operator of each
				facility subject to the planning notification requirement shall notify the
				homeland security and emergency management department that the facility is
				subject to the requirements of Section 302, Emergency Planning and Community
				Right-to-Know Act,  42 U.S.C. 11002. The notification is to be on the Tier II
				form specified in subrule 104.2(4). The facility owner or operator shall submit
				the notification to the department of natural resources by March 1 for covered
				chemicals in its possession. If the facility is reporting chemicals to the
				department of natural resources on the Tier II form pursuant to subrule
				104.2(4), a duplicate report is not required. The report shall be revised by a
				notification on the Tier II form within 60 days after the acquisition of
				chemicals meeting the notification requirements and reported to the homeland
				security and emergency management department.
(2)
Plan development.
Each
				local emergency planning committee (LEPC) shall prepare a comprehensive
				emergency response plan(s) pursuant to  42 U.S.C. 11033  which shall become an
				integrated portion of the emergency plan established by the joint
				administration. Where a local emergency planning district exceeds the
				jurisdictional boundaries of a single joint administration, a comprehensive
				emergency response plan shall be developed for each joint administration at
				least annually. The plan shall be reviewed and revised as necessary. The joint
				administration shall not change the plan without the approval of the
				LEPC.
(3)
Submissions.
Plans and notifications required under this rule
				shall be submitted to the Homeland Security and Emergency Management
				Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa 50324.
This rule is intended to implement Iowa Code section
				  30.2.
Iowa Administrative Code › Agency 611 - Military Division › Chapter 2 - Public Records and Fair Information Practices › Rule 611-2.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency."
In lieu of the words "(official or
				body issuing these rules)", insert "military division".
"Custodian."
Delete "agency" and insert
				"adjutant general".
"Federal records"
means all records,
				documents, tape, or other information, stored or preserved in any medium, the
				maintenance, use, or disclosure of which is governed by federal government law
				or regulation.
"Records"
or
"state records"
means all or part of a "public record" as defined in Iowa Code section
				22.1 but does not
				include federal records as here defined.
Iowa Administrative Code › Agency 611 - Military Division › Chapter 2 - Public Records and Fair Information Practices › Rule 611-2.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location
			 of record.
In lieu of the words "(insert agency head)", insert
			 "adjutant general". In lieu of the words "(insert agency name and address)",
			 insert "Adjutant General, Military Division, Camp Dodge, 7700 N.W. Beaver
			 Drive, Johnston, Iowa 50131-1902".
(2)
Office hours.
In lieu of
			 the words "(insert customary office hours and, if agency does not have
			 customary office hours of at least thirty hours per week, insert hours
			 specified in Iowa Code section
			 22.4) ",
			 insert "8 a.m. to 4:30 p.m. daily excluding Saturdays, Sundays and
			 holidays".
(7)
Fees.
c. Supervisory fee. In
			 lieu of the words "(specify time period)", insert "one-half hour".
Iowa Administrative Code › Agency 611 - Military Division › Chapter 2 - Public Records and Fair Information Practices › Rule 611-2.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 2.10(17A,22) or in the notice for a particular record
			 system.
b. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely as a statistical research or reporting record; provided, that, the
			 record is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if a notice of the disclosure is transmitted
			 to the last known address of the subject.
e. To the legislative services agency under
			 Iowa Code section
			 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 611 - Military Division › Chapter 2 - Public Records and Fair Information Practices › Rule 611-2.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Defined.
"Routine use"
means the disclosure of a record without
			 the consent of the subject or subjects, for a purpose which is compatible with
			 the purpose for which the record was collected. It includes disclosures
			 required to be made by statute other than the public records law, Iowa Code
			 chapter 22.
(2) To the extent
			 allowed by law, the following uses are considered routine uses of all agency
			 records:
a. Disclosure to those officers,
			 employees, and agents of the agency who have a need for the record in the
			 performance of their duties. The custodian of the record may upon request of
			 any office or employee, or on the custodian's own initiative, determine what
			 constitutes legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order.
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. Transfers of information within the
			 agency, to other state agencies, or to local units of government as appropriate
			 to administer the program for which the information is collected.
e. Information released to staff of federal
			 and state entities for audit purposes or for purposes of determining whether
			 the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 611 - Military Division › Chapter 2 - Public Records and Fair Information Practices › Rule 611-2.11 - Consensual Disclosure of Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to agency disclosure of confidential records as provided in
			 rule 2.7(17A,22).
(2)
Complaints to public officials.
A letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may
			 to the extent permitted by law be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter.
Iowa Administrative Code › Agency 611 - Military Division › Chapter 2 - Public Records and Fair Information Practices › Rule 611-2.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The subject of a
			 confidential record may file a written request to review confidential records
			 about that person, as provided in rule 2.6(17A,22). However, the agency need
			 not release the following records to the subject:
a. The identity of a person providing
			 information to the agency need not be disclosed directly or indirectly to the
			 subject of the information when the information is authorized to be held
			 confidential pursuant to Iowa Code section
			 22.7(18),
			 or other provision of law.
b.
			 Records need not be disclosed to the subject when they are the work product of
			 an attorney or are otherwise privileged.
c. Peace officers' investigative reports may
			 be withheld from the subject, except as required by the Iowa Code. (See Iowa
			 Code section
			 22.7(5).)
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 611 - Military Division › Chapter 2 - Public Records and Fair Information Practices › Rule 611-2.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Agency records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Sealed bids received
			 prior to the time set for public opening of bids. (Iowa Code section
			 72.3
			)
b. Tax records made available to
			 the agency. (Iowa Code sections
			 422.20
			 and
			 422.72
			)
c. Records which are exempt from
			 disclosure under Iowa Code section
			 22.7.
d. Minutes of closed meetings of a government
			 body. (Iowa Code section
			 21.5(4)
			)
e. Identifying details in final
			 order, decisions and opinions to the extent required to prevent a clearly
			 unwarranted invasion of personal privacy or trade secrets under Iowa Code
			 section
			 17A.3(1)
"d."
f. Those
			 portions of agency staff manuals, instructions, or other statements issued
			 which set forth criteria or guidelines to be used by agency staff in auditing,
			 in making inspections, in settling commercial disputes or negotiating
			 commercial arrangements, or in the selection or handling of cases, such as
			 operational tactics or allowable tolerances or criteria for the defense,
			 prosecution or settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
			 detection;
(2) Facilitate disregard
			 of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency. (See Iowa Code sections
			 17A.2 and
			 17A.3
			)
g. Records which
			 constitute attorney work product, attorney-client communications, or which are
			 otherwise privileged. Attorney work product is confidential under Iowa Code
			 sections
			 22.7(4),
			 622.10,
			 and
			 622.11, Iowa
			 R.C.R 122(c), Fed. R. Civ. R 26(b) (3), and case law. Attorney-client
			 communications are confidential under Iowa Code sections
			 622.10
			 and
			 622.11, the rules
			 of evidence, the Code of Professional Responsibility, and case law.
h. Any other records made confidential by
			 law.
Iowa Administrative Code › Agency 611 - Military Division › Chapter 2 - Public Records and Fair Information Practices › Rule 611-2.16 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than record systems defined in rule 2.1 (17A,22). These records are
				routinely available to the public. However, the agency's files of these records
				may contain confidential information, as discussed in rule 2.13(17A,22). In
				addition, the records may contain information about individuals.
(1) Rule making. Rule-making records may
			 contain information about individuals making written or oral comments on
			 proposed rules. This information is collected pursuant to Iowa Code section
			 17A.4.
			 This information is not stored in an automated data processing
			 system.
(2) Publications. News
			 releases, literature, reports, newsletters from various military associations
			 or from the federal government are available from the public affairs officer,
			 military division. Agency news releases, project reports and newsletters may
			 contain information about individuals, including agency staff or members of
			 agency committees. This information is not retrieved by individual identifier
			 and is not currently stored on an automated data processing system.
(3) All other records that are not exempted
			 from disclosure by law.
Iowa Administrative Code › Agency 611 - Military Division › Chapter 2 - Public Records and Fair Information Practices › Rule 611-2.18 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about the individuals by that person's name
			 or other personal identifier.
2.
			 Make available to the general public records or federal records which would
			 otherwise not be available under the public records law, Iowa Code chapter
			 22.
3. Govern the maintenance or
			 disclosure of, notification of or access to, records or federal records in
			 possession of the agency which are governed by regulations of another
			 agency.
4. Apply to grantees,
			 including local governments or subdivisions thereof, administering state funded
			 programs, unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable regulations of the
			 agency.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 1 - General Provisions › Rule 621-1.1 - Construction and Severability

Current through Register Vol. 47, No. 3, July 24, 2024
These rules shall be liberally construed to effectuate the
				purposes and provisions of the public employment relations Act. If any
				provisions of these rules are held to be invalid, it shall not be construed to
				invalidate any of the other provisions of these rules.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 1 - General Provisions › Rule 621-1.2 - General Agency Description

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the public employment relations board
				established by the Public Employment Relations Act is to implement the
				provisions of the Act and adjudicate and conciliate employment related cases
				involving the state of Iowa and other public employers and employee
				organizations. For these purposes the powers and duties of the board include,
				but are not limited to, the following:
Determining appropriate bargaining units and conducting
				representation elections.
Adjudicating prohibited practice complaints and fashioning
				appropriate remedial relief for violations of the Act.
Adjudicating and serving as arbitrators regarding state merit
				system grievances and grievances arising under collective bargaining agreements
				between public employers and certified employee organizations.
Providing mediators and arbitrators to resolve impasses in
				negotiations.
Collecting and disseminating information concerning the wages,
				hours, and other conditions of employment of public employees.
Preparing legal briefs and presenting oral arguments in the
				district courts, the court of appeals and the supreme court in cases affecting
				the board.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 1 - General Provisions › Rule 621-1.3 - General Course and Method of Operation

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of a petition or complaint, the board may assign
				an administrative law judge to process the case. The board may determine that
				the petition or complaint is without basis and dismiss it without further
				proceedings. Petitions and complaints not dismissed are assigned for a hearing
				before either an administrative law judge or the board, a hearing on the
				complaint or petition and issue a decision and order The decisions of
				administrative law judges are appealable to the board, and final orders and
				decisions of the board are appealable to the district court under the Iowa
				administrative procedure Act.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 1 - General Provisions › Rule 621-1.4 - Method of Obtaining Information and Making Submissions or Requests

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may obtain information from, make submission to, or
				make a request of the board by writing to Chairperson, Iowa Public Employment
				Relations Board, 510 East 12th Street, Suite IB, Des Moines, Iowa
				50319.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 1 - General Provisions › Rule 621-1.5 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the board pursuant to
				621-Chapter 16 for the adoption, amendment or repeal of a rule. Such petition
				shall include:
(1) The name and
			 address of the person requesting the adoption, amendment or repeal of the
			 rule.
(2) 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 to and the relevant
			 language of the particular portion or portions of the rule proposed to be
			 amended or repealed.
(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.
			 Within 60 days after the filing of a petition, the board shall either deny the
			 petition, stating its reasons for the denial, or initiate rule-making
			 proceedings in accordance with Iowa Code chapter 17A. The board shall submit
			 the petition and the disposition of the petition to the administrative rules
			 review committee.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 1 - General Provisions › Rule 621-1.6 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
"Act"
as used in these rules shall mean the public employment
			 relations Act, Iowa Code chapter 20.
(2)
"Board"
as used in these
			 rules shall mean the public employment relations board. No official board
			 action may be taken without the concurrence of at least two members of the
			 board; provided, however, that when for compelling reasons only two members
			 hear an appeal of a proposed decision in a contested case and the two members
			 do not concur, the result shall be affirmation of the proposed decision. The
			 board, in its discretion, may delegate to board employees duties which the Act
			 does not specifically require be performed by the board.
(3)
Petitioner
-
complainant
-
respondent
-
intervenor
a.
"Petitioner"
means the
			 party filing a petition under Iowa Code section
			 20.13
			 or 20.14.
b.
"Complainant"
means the party filing a complaint under Iowa
			 Code section
			 20.11,
			 alleging the commission of a prohibited practice.
c.
"Respondent"
means the
			 party accused of committing a prohibited practice.
d.
"Intervenor"
means a
			 party who voluntarily interposes in a proceeding with the approval of the board
			 or administrative law judge.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 1 - General Provisions › Rule 621-1.9 - Waiver of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
a.
"Waiver"
as used in this rule means action by the board which
			 suspends, in whole or in part, the requirements or provisions of a rule as
			 applied to an identified individual or entity on the basis of the particular
			 circumstances of that individual or entity.
b.
"Provision of law"
as
			 used in this rule means a provision of law as defined by Iowa Code section
			 17A.2(10).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 1 - General Provisions › Rule 621-1.10 - Agency Record and Files

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Agency record. The official agency record for all adjudicatory proceedings
			 includes the following:
a. Electronic files
			 maintained in the agency's electronic document management system;
b. Paper documents maintained by the agency
			 in paper form when permitted by the board's order; and
c. Exhibits and other materials filed with or
			 delivered to and maintained by the agency as part of the case file.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.1 - Hearing-time and Place-administrative Law Judge

Current through Register Vol. 47, No. 3, July 24, 2024
A member of the board or an administrative law judge shall fix
				the time and place for all hearings. Hearings may be conducted by the board, or
				by one or more of its members, or by an administrative law judge designated by
				the board. At their discretion the board or administrative law judge may order
				a prehearing conference.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.2 - Notice of Hearing-contents

Current through Register Vol. 47, No. 3, July 24, 2024
Written notice of a contested case hearing shall be filed by
				the agency. The notice shall include:
(1) A statement of the date, time, place and
			 nature of the hearing.
(2) A
			 statement of the legal authority and jurisdiction under which the hearing is to
			 be held.
(3) A reference to the
			 particular sections of the statutes and rules involved.
(4) A short and plain statement of the
			 matters asserted.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.3 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
			 fails to appear or participate in a contested case hearing after proper service
			 of notice, the presiding officer may, if no continuance is granted, enter a
			 default decision or proceed with the hearing and render a decision in the
			 absence of the party.
(2) Default
			 decisions or decisions rendered on the merits after a party has failed to
			 appear or participate in a contested case hearing become final agency action
			 unless, within 20 days after the mailing of the decision to the parties, a
			 motion to vacate pursuant to subrule 2.3(3) is filed and served on all parties
			 or, if the decision is a proposed decision within the meaning of Iowa Code
			 section
			 17A.15(2),
			 an appeal from the decision to the board on the merits is filed within the time
			 provided by rule 621-9.2 (17A,20) or, in cases
			 brought pursuant to Iowa Code section
			 8A.415,
			 a petition for review by the board on the merits is filed within the time
			 provided by rule 621-11.8 (8A,20).
(3) A motion to vacate may be filed only by a
			 party who failed to appear for the hearing and against whom the decision was
			 rendered. The motion must state all facts relied upon by the moving party which
			 establish that good cause existed for that party's failure to appear. Each fact
			 so stated must be substantiated by at least one sworn affidavit of a person
			 with personal knowledge of each such fact, which affidavit(s) must be attached
			 to and filed and served with the motion.
(4) Properly substantiated and timely filed
			 motions to vacate shall be granted only for good cause shown. The burden of
			 proof as to the existence of good cause is on the moving party. Adverse parties
			 may, within ten days of the service of the motion and supporting affidavit(s)
			 upon them, file a response to the motion. Adverse parties shall be allowed to
			 conduct discovery as to the issue of the existence of good cause and to present
			 evidence on the issue prior to a ruling on the motion, if a request to do so is
			 included in that party's response.
(5) The time for the filing of an
			 intra-agency appeal from or petition for review of a decision for which a
			 timely motion to vacate has been filed is stayed pending the issuance of the
			 presiding officer's ruling on the motion to vacate.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.4 - Intervention and Additional Parties

Current through Register Vol. 47, No. 3, July 24, 2024
Any interested person may request intervention in any
				proceeding before the public employment relations board. An application for
				intervention shall be in writing, except that applications made during a
				hearing may be made orally to the hearing officer, and shall contain a
				statement of the reasons for such intervention. When an application for
				intervention is filed regarding a petition for bargaining representative
				determination, 621-subrules 4.3(2), 4.4(4), 5.1(2), 5.5(2), and 5.5(4) shall
				apply.
Where necessary to achieve a more proper decision, the board or
				administrative law judge may, on its own motion or the motion of any party,
				order the bringing in of additional parties. When so ordered, the board shall
				serve upon such additional parties all relevant pleadings and allow such
				parties a reasonable time to respond thereto where
				appropriate.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.5 - Continuance

Current through Register Vol. 47, No. 3, July 24, 2024
Hearings or proceedings on any matter may be continued by order
				of the board or an administrative law judge, with the reasons therefor set out
				in said order, and notice thereof to all parties. Parties may, upon written
				application to the board prior to commencement of the hearing or other
				proceeding, or oral application to the administrative law judge during the
				hearing, but not ex parte, request a continuance. A continuance may be allowed
				for any cause not growing out of the fault or negligence of the applicant,
				which satisfies the board or administrative law judge that a proper decision or
				result will be more nearly obtained by granting a continuance. The continuance
				may also be granted if agreed to by all parties and approved by the board or
				administrative law judge.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.6 - Appearances and Conduct of Parties

Current through Register Vol. 47, No. 3, July 24, 2024
Any party may appear and be heard on its own behalf, or by its
				designated representative. Designated representatives shall file a notice of
				appearance with the board for each case in which they appear for a party.
				Filing of pleadings on behalf of a party shall be equivalent to filing a notice
				of appearance. All persons appearing in proceedings before the board shall
				conform to the standard of ethical conduct required of attorneys before the
				courts of the state of Iowa. If any person refuses to conform to such
				standards, the board may decline to permit such person to appear in any
				proceeding.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.7 - Evidence-objections

Current through Register Vol. 47, No. 3, July 24, 2024
Rules of evidence shall be those set forth in the
				Administrative Procedure Act. Any objection with respect to the conduct of the
				hearing, including an objection to the introduction of evidence, may be stated
				orally or in writing, accompanied by a short statement of the grounds of such
				objection, and included in the record. No such objection shall be deemed waived
				by further participation in the hearing.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.8 - Order of Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Order of procedure.
The following is the order of procedure
			 for hearings before the agency:
a. The
			 employer shall present its evidence first in unit determination
			 hearings.
b. The complainant shall
			 present its evidence first and shall have the burden of proof in prohibited
			 practice hearings.
c. The appellant
			 shall present the appellant's evidence first and have the burden of proof in
			 grievance appeals filed pursuant to Iowa Code section
			 8A.415(1).
d. The appellee shall present its evidence
			 first and have the burden of proof in disciplinary action appeals filed
			 pursuant to Iowa Code section
			 8A.415(2).
e. The petitioner shall present its evidence
			 first and have the burden of proof in state employee whistleblower actions
			 filed pursuant to Iowa Code section
			 70A.28.
f. The board or administrative law judge may,
			 in its discretion, alter the order of procedure.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.9 - Amendments

Current through Register Vol. 47, No. 3, July 24, 2024
A petition, complaint or answer may be amended for good cause
				shown, but not ex parte, upon motion at any time prior to the decision.
				Allowance of such amendments, including those to conform to the proof, shall be
				within the discretion of the board or administrative law judge. The board or
				administrative law judge may impose terms, or grant a continuance with or
				without terms, as a condition of such allowance. Such motions prior to hearing
				shall be in writing filed with the board, and the moving party shall serve a
				copy thereof upon all parties by ordinary mail.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.10 - Briefs and Arguments

Current through Register Vol. 47, No. 3, July 24, 2024
At the discretion of the board or administrative law judge,
				oral arguments may be presented by the parties with such time limits as
				determined by the board or administrative law judge. Briefs may be filed in
				such order and within such time limits as set by the board or administrative
				law judge.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.12 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Attendance of
			 witnesses. The board, an administrative law judge, or an arbitrator selected
			 pursuant to Iowa Code section
			 20.22 shall
			 issue subpoenas to compel the attendance of witnesses and the production of
			 relevant records upon written application of any party filed with the agency
			 prior to the hearing. The application shall specify the names and addresses of
			 the witnesses or the person or party having possession of the requested
			 documents and shall list with specificity the records or other items sought.
			 The requested subpoenas may be provided electronically to a registered user of
			 the electronic document management system. A motion to quash a subpoena may be
			 filed, and when the subpoena has been served more than seven days prior to the
			 hearing, the motion shall be filed not less than three days prior to the
			 hearing.
(2) Witness fees.
			 Witnesses shall receive from the subpoenaing party fees and expenses as are
			 prescribed by statute for witnesses in civil actions before a district court.
			 Witnesses may, however, waive such fees and expenses.
(3) Service of subpoenas. Subpoenas shall be
			 served as provided in Iowa Code section
			 622.63.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.13 - Form of Documents and Treatment of Confidential or Protected Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Form.
			 All documents which relate to any proceeding before the agency should be
			 typewritten and bear the docket number of the proceeding to which it relates.
			 Such documents may be single- or double-spaced at the option of the submitting
			 party.
(2) Confidential
			 information. When a party files any document which contains material or a
			 reproduction, quotation, or extensive paraphrase of confidential information as
			 defined by 621-subrule 1.6(10), it is the responsibility of the filer to ensure
			 that confidential information is omitted or redacted, or to certify the
			 confidential nature of the document in the manner provided by the electronic
			 document management system. If a document is certified as confidential,
			 omission or redaction of the confidential information contained in the document
			 is not required. The agency will not review filings to determine whether
			 appropriate omissions or redactions have been made.
(3) Protected information. When a party files
			 any document which contains protected information as defined by 621-subrule
			 1.6(11), it is the responsibility of the filer to ensure that the protected
			 information is omitted or redacted from the document before the document is
			 filed unless the protected information is required by statute or rule to be
			 included or is material to the proceeding. The agency will not review filings
			 to determine whether appropriate omissions or redactions have been
			 made.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.14 - Captions

Current through Register Vol. 47, No. 3, July 24, 2024
The following captions for documents other than forms provided
				by the board are suggested for use in practice before the board:
(1) In prohibited practice
			 proceedings:
Before the Public Employment Relations
				Board
Click here to
				view Image
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.15 - Service of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service-upon whom made.
Whenever under these rules nonelectronic service is required or permitted to be
			 made upon a person or party, such service shall be as follows:
a. Upon any city, or board, commission,
			 council or agency thereof, by serving the mayor, city clerk, city
			 administrator, or city personnel officer.
b. Upon any county, or office, board,
			 commission or agency thereof, by serving the county auditor, the chairperson of
			 the county board of supervisors, or the county personnel director.
c. Upon any school district or school
			 corporation, by serving the presiding officer, the secretary of its governing
			 body, the superintendent, the school business official, or the human resources
			 director.
d. Upon the state of
			 Iowa, or board, commission, council, office or agency thereof, by serving the
			 director of the department of administrative services or the executive director
			 of the board of regents.
e. Upon
			 the state judicial department, by serving the state court
			 administrator.
f. Upon any other
			 governing body, by serving its presiding officer, clerk, secretary, or
			 personnel director.
g. Upon an
			 employee organization, by serving the person designated by the employee
			 organization to receive service pursuant to 621-subrule 8.4(2) or by service
			 upon the president or secretary of the employee organization.
h. Upon any other person, by serving that
			 person or that person's attorney of record.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.17 - Prohibition Against Testimony of Mediators, Arbitrators and Board Employees

Current through Register Vol. 47, No. 3, July 24, 2024
Except as authorized by Iowa Code section
				20.31, a
				mediator, arbitrator, administrative law judge, member of the board or other
				officer or employee of the board shall not testify on behalf of any party to a
				prohibited practice, representation or impasse resolution proceeding, pending
				in any court or before the board, with respect to any information, facts, or
				other matter coming to that individual's knowledge through a party or parties
				in an official capacity as a resolver of disputes.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.19 - Stays of Agency Action

Current through Register Vol. 47, No. 3, July 24, 2024
Application for stays of agency actions must be filed with the
				board and served upon all interested parties pursuant to rule
				621-2.15
				(20). The board may in its discretion and on such terms as it deems proper,
				grant or deny an application.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.21 - Costs of Certified Shorthand Reporters and Transcripts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial payment.
The
			 agency may arrange for a certified shorthand reporter to report the contested
			 case hearing and request that an original transcript of the hearing be prepared
			 by the reporter for the agency's use. The agency initially shall pay the
			 reporter's reasonable compensation for reporting the hearing and producing the
			 agency-requested transcript.
(2)
Transcript of record.
Oral proceedings in all hearings shall
			 be recorded by a certified shorthand reporter or by mechanized means. The board
			 does not furnish transcriptions, but oral proceedings shall be transcribed at
			 the expense of any party requesting the transcription. Arguments on motions,
			 oral arguments on appeal to the board, and arguments made in declaratory order
			 and expedited negotiability dispute proceedings need not be recorded. The
			 agency may request that an original transcript of the hearing be prepared by
			 the reporter for the agency's use. The agency initially shall pay the
			 reporter's reasonable compensation for reporting the hearing and producing the
			 agency-requested transcript.
(3)
Taxation as costs.
The cost of reporting and of the
			 agency-requested transcript shall be taxed as costs against the nonprevailing
			 party or parties, although the presiding officer, or the board on appeal or
			 review of a proposed decision and order, may apportion such costs in another
			 manner if appropriate under the circumstances.
(4)
Payment of taxed costs.
Following final agency action in a case, the agency will prepare and serve a
			 bill of costs upon the party or parties against whom the costs have been taxed.
			 Those parties shall, within 30 days of such service, remit to the agency the
			 amount specified in the bill of costs. Sums remitted to the agency shall be
			 considered repayment receipts as defined in Iowa Code section
			 8.2.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.22 - Dismissal

Current through Register Vol. 47, No. 3, July 24, 2024
The board or an administrative law judge may dismiss cases for
				want of prosecution if, after receiving notice by certified mail, the parties
				do not show good cause why the case should be retained.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.23 - Informal Disposition

Current through Register Vol. 47, No. 3, July 24, 2024
The board may assign an administrative law judge to assist the
				parties in reaching a settlement of any dispute which is the subject of an
				adjudicatory proceeding. However , no party shall be required to participate in
				mediation or settle the dispute pursuant to this rule. An administrative law
				judge assisting the parties under this rule shall not serve as a presiding
				officer in any proceeding related to the dispute. Adjudicatory proceedings may
				be voluntarily dismissed without consent of the board except as provided in
				rule
				621-3.6
				(20) and 621-subrule 4.1(5).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 2 - General Practice and Hearing Procedures › Rule 621-2.24 - Evidence of Settlement Negotiations

Current through Register Vol. 47, No. 3, July 24, 2024
Evidence of proposed offers of settlement of a contested case
				or a proceeding that may culminate in a contested case shall be inadmissible at
				the hearing thereon.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 3 - Prohibited Practice Proceedings › Rule 621-3.1 - Filing of Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
A complaint that any public employer, public employee or
				employee organization has committed a prohibited practice within the meaning of
				Iowa Code section
				20.10(1),
				that any public employer or the employer's designated representative has
				committed a prohibited practice within the meaning of Iowa Code section
				20.10(2),
				or that any public employee, employee organization, person, union or
				organization or its agents have committed a prohibited practice within the
				meaning of Iowa Code section
				20.10(3)
				 may be filed with the agency by any person,
				employee organization or public employer with standing within 90 days following
				the alleged commission of the prohibited practice.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 3 - Prohibited Practice Proceedings › Rule 621-3.2 - Contents of Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
The complaint, which may utilize the form available from the
				board's Web site, shall be in writing, shall be signed by the complainant or
				its designated representative, and shall include the following:
(1) The name, address, telephone number and
			 e-mail address of the complainant, and, if filed by the complainant's
			 designated representative, the name, title, telephone number and e-mail address
			 of that representative.
(2) The
			 name and address of the respondent(s) alleged to have committed the prohibited
			 practice.
(3) A clear and concise
			 statement of the facts constituting the alleged prohibited practice, including
			 the names of the individuals involved in the alleged act(s), the date(s) and
			 place(s) of the alleged act(s), and the specific subsection(s) and paragraph(s)
			 of Iowa Code section
			 20.10
			 alleged to have been violated.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 3 - Prohibited Practice Proceedings › Rule 621-3.3 - Clarification of Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
Although compliance with technical rules of pleading is not
				required, the agency may, on either its own motion or motion of the respondent,
				require the complainant to make the complaint more specific.