reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 8 - Transportation and Warehouse › Rule 185-8.2 - Listing Classifications

Current through Register Vol. 47, No. 3, July 24, 2024
Each product available for sale by the division shall be
				assigned to one of the following listing classifications. Suppliers may
				indicate their preferred listing classification; however, final determination
				shall be made by the administrator or the administrator's designee.
(1)
Permanent.
Products with
			 a permanent listing shall be available for sale by the division on an ongoing
			 basis, unless otherwise delisted or temporarily out of stock.
(2)
Temporary.
Temporary
			 listings shall have a duration determined by the administrator or the
			 administrator's designee, and the duration may be extended at the discretion of
			 the administrator or the administrator's designee.
(3)
Size extension.
A
			 supplier shall submit a listing request for each additional size of a product
			 that is currently listed for sale. All listed sizes of the product should meet
			 sales criteria established by the administrator, or the administrator's
			 designee, in order for a size extension listing request to be approved as a
			 permanent listing.
(4)
Special order.
Products that are not currently listed for sale
			 by the division may be purchased through a special order placed with the
			 supplier of the product.
a. A request for a
			 special order will be placed with the division by a class "E" retail alcohol
			 licensee. Special order requests shall be submitted electronically or in a
			 manner prescribed by the administrator or the administrator's designee. The
			 administrator, or the administrator's designee, may reject a special order
			 request if it is determined that the requested product is in violation of the
			 requirements set out in subparagraphs 8.3(3)
"a"
(1) and
			 8.3(3)
"a"
(2).
b.
			 If the division accepts a special order request, the request shall be forwarded
			 on to the supplier of the product. The supplier may approve or deny the special
			 order request.
c. All special order
			 products shall be sold and distributed by the division to class "E" retail
			 alcohol licensees by the case only.
d. Special order products are not eligible
			 for return to the division by a class "E" retail alcohol licensee without
			 approval from the administrator or the administrator's
			 designee.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 8 - Transportation and Warehouse › Rule 185-8.3 - Listing Requests

Current through Register Vol. 47, No. 3, July 24, 2024
The supplier of a product to be sold by the division shall
				submit a listing request for consideration by the administrator or the
				administrator's designee.
(1)
Submitting a listing request.
Listing requests shall be
			 submitted electronically or in a manner prescribed by the administrator or the
			 administrator's designee.
(2)
Listing request requirements.
a. A listing request shall contain the
			 following information:
(1) A control state
			 code number for the product issued by the National Alcohol Beverage Control
			 Association.
(2) The supplier's
			 f.o.b. cost per case. The case price shall be evenly divisible by the number of
			 bottles in the case. The supplier shall determine the number of bottles that
			 constitute a case for the product.
(3) The product's case quantity size and
			 standard of fill.
(4) An image of
			 the product.
(5) A brief
			 description of the product.
(6) The
			 weights and dimensions of the product container, case, and pallet.
(7) The product's 14-digit shipping container
			 code.
(8) The product's universal
			 product code.
(9) Any other
			 information required by the administrator or the administrator's
			 designee.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 8 - Transportation and Warehouse › Rule 185-8.4 - Shipment of Product to the Division

Current through Register Vol. 47, No. 3, July 24, 2024
Shipments of product intended for sale by the division shall be
				made in accordance with this rule.
(1)
Product shipments into the state.
Product shipments shall only
			 be made into the state of Iowa by suppliers.
(2)
Product shipment
			 locations.
Product shipments shall only be made to a state warehouse
			 or to receiving points designated by the administrator.
(3)
Pallet requirements.
a. Products shipped to the division shall be
			 on securely stretch-wrapped pallets that are in good repair. The administrator,
			 or the administrator's designee, may establish additional requirements as
			 deemed necessary.
b. Products
			 shipped to the division on slip sheets shall not be accepted by the division
			 and shall be returned to the supplier.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 8 - Transportation and Warehouse › Rule 185-8.5 - Inventory Levels

Current through Register Vol. 47, No. 3, July 24, 2024
The administrator, or the administrator's designee, shall
				establish maximum and minimum inventory levels for each listed product. Maximum
				and minimum inventory levels may be adjusted at the discretion of the
				administrator or the administrator's designee.
(1)
Purchase orders.
Suppliers shall submit purchase orders to the division electronically, or in a
			 manner prescribed by the administrator or the administrator's designee, as
			 needed to maintain appropriate inventory levels.
(2)
Maximum inventory level
			 exception.
A supplier may request from the division an exception to
			 the established maximum inventory level for a product. Requests for a maximum
			 inventory level exception shall be submitted to the division electronically or
			 in a manner prescribed by the administrator or the administrator's designee.
			 The administrator, or the administrator's designee, shall approve or deny the
			 request, and the supplier shall be notified of the decision in writing
			 delivered either electronically or in a manner prescribed by the administrator
			 or the administrator's designee.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 8 - Transportation and Warehouse › Rule 185-8.6 - Pricing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Permanent price changes.
Suppliers may make permanent price
			 changes to the case cost of products in any listing classification.
a. The frequency at which permanent price
			 changes may be made shall be determined by the administrator or the
			 administrator's designee.
b.
			 Permanent price changes shall be submitted electronically, or in a manner
			 prescribed by the administrator or the administrator's designee, at least 20
			 business days prior to the effective date.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 8 - Transportation and Warehouse › Rule 185-8.7 - Delisting

Current through Register Vol. 47, No. 3, July 24, 2024
Listed products that do not meet sales guidelines established
				by the administrator, or the administrator's designee, may be delisted. The
				frequency of delisting shall be determined by the administrator or the
				administrator's designee.
(1)
Notification.
Suppliers of delisted products shall be notified
			 of the decision in writing delivered electronically or in a manner prescribed
			 by the administrator or the administrator's designee.
(2)
Appeals.
a.
Appeal to administrator.
(1) A supplier may appeal the delisting of a
			 product by the administrator's designee to the administrator by filing a notice
			 of appeal within 30 days of the date of delisting notification.
(2) A notice of appeal shall specify the
			 specific findings or conclusions to which exception is taken, the relief
			 sought, and the grounds for relief.
(3) A notice of appeal shall be considered
			 filed at the time it is received by the administrator.
(4) The administrator shall affirm, reverse,
			 or modify the delisting and shall notify the supplier of the decision in
			 writing.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 8 - Transportation and Warehouse › Rule 185-8.8 - Barrel Programs

Current through Register Vol. 47, No. 3, July 24, 2024
A supplier may offer a barrel program, allowing a class "E"
				retail alcohol licensee to purchase the bottled contents of a barrel-aged
				product along with the aging barrel.
(1) Barrel programs shall be uniformly
			 offered to all class "E" retail alcohol licensees.
(2) Suppliers may sample barrel-aged products
			 pursuant to rule 185-16.8 (123).
(3) Barrel program products shall be
			 classified as special orders.
(4)
			 Products purchased as part of a barrel program shall be sold and delivered to
			 the individual class "E" retail alcohol licensee that placed the special order.
			 Barrel program special orders and products shall not be split between two or
			 more class "E" retail alcohol licensees.
(5) Aging barrels sold in conjunction with a
			 barrel program shall bear conspicuous and substantial advertising
			 matter.
(6) Bottles from a barrel
			 program may bear customized labels.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 9 - Personal Importation of Alcoholic Liquor, Wine, and Beer › Rule 185-9.1 - Tax Liability

Current through Register Vol. 47, No. 3, July 24, 2024
The division makes no judgment or decision regarding any tax
				liability resulting from the personal importation of alcoholic liquor, wine, or
				beer as provided in Iowa Code section
				123.10,
				123.22,
				123.171,
				or
				123.122,
				as applicable.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 9 - Personal Importation of Alcoholic Liquor, Wine, and Beer › Rule 185-9.2 - Personal Importation in Excess of the Amounts Provided-waiver

Current through Register Vol. 47, No. 3, July 24, 2024
The administrator may provide for the issuance of a waiver for
				an individual of legal age desiring to import alcoholic liquor, wine, or beer
				in excess of the amounts provided in Iowa Code section
				123.22,
				123.171,
				or 123.122. The decision on whether the circumstances justify the issuance of a
				waiver shall be made at the discretion of the administrator upon consideration
				of all the relevant factors.
(1)
Criteria.
The division may, in response to a completed
			 request, issue a waiver, as applied to the circumstances of a specific
			 situation if the division finds each of the following:
a. The requester is an individual of legal
			 age;
b. The requester is an
			 individual who was domiciled outside the state within one year of the
			 request;
c. The alcoholic liquor,
			 wine, or beer imported pursuant to the waiver shall be only for personal
			 consumption in a private home or other private accommodation and only if it is
			 not sold, exchanged, bartered, dispensed, or given in consideration of purchase
			 for any property or services or in evasion of the requirements of Iowa Code
			 chapter 123; and
d. The alcoholic
			 liquor, wine, or beer imported pursuant to the waiver shall be in unopened
			 original containers.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Administrator"
means the administrator of the
				alcoholic beverages division of the department of commerce.
"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 pursuant to
				Iowa Code section 17A.10A.
"Division"
means the alcoholic beverages
				division of the department of commerce.
"Hearing complaint"
means a statement in
				writing filed by, or on behalf of, the division, a local authority having
				jurisdiction, or the department of public safety that sets forth the acts or
				omissions with which the respondent is charged, including the statute(s) and
				rule(s) which are alleged to have been violated. The hearing complaint shall be
				in sufficient detail to enable the preparation of the respondent's
				defense.
"Issuance"
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order.
"Local authority"
means "local authority" as
				defined in Iowa Code section
				123.3(30).
"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 administrator,
				the administrator's designee, or an administrative law judge from the
				department of inspections and appeals.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the administrator did not
				preside.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Computation.
Time shall be computed as provided in Iowa Code
			 section
			 4.1(34).
(2)
Time extended or
			 shortened.
For good cause, the presiding officer may extend or shorten
			 the time to take any action, except as precluded by statute. 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 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.4 - Statute of Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
Requests for a contested case proceeding alleging a violation
				of Iowa Code chapter 123 must be filed with the division or the local authority
				within three years from the date of the alleged violation or the date of
				conviction for the violation, whichever is later.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.5 - Requests for a Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person claiming an entitlement to a
			 contested case proceeding shall file a written request 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.
(2) 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 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.6 - 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 service as provided in the Iowa
			 Rules of Civil Procedure; or
b.
			 Certified mail, return receipt requested; or
c. Publication, as provided in the Iowa Rules
			 of Civil Procedure.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.7 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administrative law judge.
The administrator may appoint an
			 administrative law judge as presiding officer in all contested case hearings
			 pursuant to Iowa Code sections
			 123.32 and
			 123.39.
(2)
Appeal.
Except as
			 provided otherwise by another provision of law, all rulings by an
			 administrative law judge acting as presiding officer are subject to appeal to
			 the administrator. A party must seek any available intra-agency appeal in order
			 to exhaust adequate administrative remedies.
(3)
Administrator's review.
Unless otherwise provided by law, the administrator, when reviewing a proposed
			 decision upon intra-agency appeal, shall have the powers of and shall comply
			 with the provisions of this chapter which apply to presiding
			 officers.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.8 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter However, the agency in
				its discretion may refuse to give effect to such a waiver when it deems the
				waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.9 - 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.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.10 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Withdrawal.
A presiding officer or other person shall withdraw
			 from participation in the making of any proposed or final decision in a
			 contested case if that person:
a. Has a
			 personal bias or prejudice concerning a party or a representative of a
			 party;
b. Has personally
			 investigated, prosecuted or advocated in connection with that case, the
			 specific controversy underlying that case, another pending factually related
			 contested case, or a pending factually related controversy that may culminate
			 in a contested case involving the same parties;
c. Is subject to the authority, direction or
			 discretion of any person who has personally investigated, prosecuted or
			 advocated in connection with that contested case, the specific controversy
			 underlying that contested case, or a pending factually related contested case
			 or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
			 degree of relationship that:
(1) is a party to
			 the case, or an officer, director or trustee of a party;
(2) is a lawyer in the case;
(3) is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) is likely to be a material witness in the
			 case; or
g. Has any other
			 legally sufficient cause to withdraw from participation in the decision making
			 in that case.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.11 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
(a) the matters at issue involve common
			 parties or common questions of fact or law;
(b) consolidation would expedite and simplify
			 consideration of the issues involved; and
(c) consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.12 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Pleadings.
Pleadings may be required by rule, by the notice of
			 hearing, or by order of the presiding officer.
(2)
Hearing complaint.
a. The division, a local authority having
			 jurisdiction, or the department of public safety may give written notice of the
			 cause for action in the form of a hearing complaint and an opportunity for a
			 hearing to a licensee, permittee, or holder of a certificate of compliance for
			 any of the following:
(1) A violation of Iowa
			 Code chapter 123.
(2) A violation
			 of the division's administrative rules.
(3) Failure to comply with an order issued by
			 the division.
(4) Failure to fully
			 cooperate during an investigation, audit, or inspection of the licensee,
			 permittee, or certificate holder, including failure to respond to an inquiry
			 within ten business days of the date of mailing by certified mail, return
			 receipt requested, of a written request for information or records directed to
			 the licensee's, permittee's, or certificate holder's last address on file with
			 the agency.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.13 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every pleading, motion, document, or
			 other paper filed in a contested case proceeding and every paper relating to
			 discovery in such a proceeding shall be served upon each of the parties of
			 record to the proceeding, including the person designated as advocate or
			 prosecutor for the state or the agency, simultaneously with their filing.
			 Except for the original notice of hearing and an application for rehearing as
			 provided in Iowa Code section
			 17A.16(2), the
			 party filing a document is responsible for service on all parties.
(2)
Service
-
how
			 made.
Service upon a party represented by an attorney shall be made
			 upon the attorney unless otherwise ordered. Service is made by delivery or by
			 mailing a copy to the person's last-known address. Service by mail is complete
			 upon mailing, except where otherwise specifically provided by statute, rule, or
			 order, so long as there is proof of mailing.
(3)
Filing
-
when
			 required.
After the notice of hearing, all pleadings, motions,
			 documents or other papers in a contested case proceeding shall be filed with
			 the Alcoholic Beverages Division, 1918 S.E. Hulsizer Road, Ankeny, Iowa
			 50021-3941. All pleadings, motions, documents or other papers that are required
			 to be served upon a party shall be filed simultaneously with the
			 division.
(4)
Filing
-
when made.
Except where otherwise
			 provided by law, a document is deemed filed at the time it is delivered to the
			 division, delivered to an established courier service for immediate delivery to
			 that office, or mailed by first-class mail or state interoffice mail to that
			 office, so long as there is proof of mailing. Parties may file documents with
			 the division by electronic transmission. Filing by electronic transmission is
			 complete upon transmission unless the party making the filing learns that the
			 attempted filing did not reach the division.
(5)
Proof of mailing.
Proof
			 of mailing includes either: a legible United States Postal Service postmark on
			 the envelope, a certificate of service, a notarized affidavit, or a
			 certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the Alcoholic Beverages Division, 1918 S.E. Hulsizer Road, Ankeny,
				Iowa 50021-3941, and to the names and addresses of the parties listed below by
				depositing the same in (a United States post office mailbox with correct
				postage properly affixed or state interoffice mail).
(Date)
(Signature)
(6)
Facsimile.
In
			 appropriate cases, a facsimile copy may be filed with approval of the division
			 with subsequent mailing of the original.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.14 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Discovery procedures.
Discovery procedures applicable in civil
			 actions are applicable in contested cases. Unless lengthened or shortened by
			 these rules or by order of the presiding officer, time periods for compliance
			 with discovery shall be as provided in the Iowa Rules of Civil
			 Procedure.
(2)
Discovery
			 motions.
Any motion relating to discovery shall allege that the moving
			 party has previously made a good-faith attempt to resolve the discovery issues
			 involved with the opposing party. Motions in regard to discovery shall be ruled
			 upon by the presiding officer Opposing parties shall be afforded the
			 opportunity to respond within ten days of the filing of the motion unless the
			 time is shortened as provided in subrule 10.13(1). The presiding officer may
			 rule on the basis of the written motion and any response, or may order argument
			 on the motion.
(3)
Evidence.
Evidence obtained in discovery may be used in the
			 contested case proceeding if that evidence would otherwise be admissible in
			 that proceeding.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.15 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. Agency subpoenas. An agency subpoena shall
			 be issued to a party on request. Subpoenas may compel the attendance of
			 witnesses at deposition or hearing and the production of books, papers,
			 records, and other real evidence unless they are otherwise expressly exempt
			 from disclosure by Constitution or statute. A command to produce evidence or to
			 permit inspection may be joined with a command to appear at deposition or
			 hearing, or each command may be issued separately. Subpoenas shall be issued by
			 the presiding officer upon a written request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a request
			 for a subpoena must be received at least three days before the scheduled
			 hearing. The request shall include the name, address, and telephone number of
			 the requesting party.
b. Service of
			 subpoenas. Except to the extent otherwise provided by law, parties are
			 responsible for service of their own subpoenas and payment of witness fees and
			 mileage expenses.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.16 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Rehearing motions.
No technical form for motions is required.
			 However, prehearing motions must be in writing, state the grounds for relief,
			 and state the relief sought.
(2)
Written responses.
Any party may file a written response to a
			 motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the division or the presiding officer. The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
Oral argument.
The presiding officer may schedule oral
			 argument on any motion.
(4)
Service.
Motions pertaining to the hearing, except motions for
			 summary judgment, must be filed and served at least ten days prior to the date
			 of hearing unless there is good cause for permitting later action or the time
			 for such action is lengthened or shortened by rule of the division or an order
			 of the presiding officer.
(5)
Motions for summary judgment.
a. Motions for summary judgment shall comply
			 with the requirements of Iowa Rules of Civil Procedure 1.981, 1.982, and 1.983
			 and shall be subject to disposition according to the requirements of those
			 rules to the extent such requirements are not inconsistent with the provisions
			 of this rule or any other provision of law governing the procedure in contested
			 cases.
b. Motions for summary
			 judgment must be filed and served at least 45 days prior to the scheduled
			 hearing date, or other time period determined by the presiding officer. Any
			 party resisting the motion shall file and serve a resistance within 15 days,
			 unless otherwise ordered by the presiding officer, from the date a copy of the
			 motion was served. The time fixed for hearing or nonoral submission shall be
			 not less than 20 days after the filing of the motion, unless a shorter time is
			 ordered by the presiding officer.
c. A summary judgment order rendered on all
			 issues in a contested case is subject to rehearing pursuant to rule
			 185-10.28 (17A) and appeal
			 pursuant to rule 185-10.27 (17A).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.17 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made to the presiding officer
(1)
Application for continuance. A
written application for a
			 continuance shall:
a. Be made at the earliest
			 possible time and no less than three days before the hearing except for a good
			 cause showing;
b. State the
			 specific reasons for the request; and
c. Be signed by the requesting party or the
			 party's representative.
An oral application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request unless that
				requirement is waived by the presiding officer. No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				where notice is not feasible. The agency may waive notice of such requests for
				a particular case or an entire class of cases.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.19 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion
. A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, as well as
			 the position and interest of the proposed intervenor. A proposed answer or
			 petition in intervention shall be attached to the motion. Any party may file a
			 response within 14 days of service of the motion to intervene unless the time
			 period is extended or shortened by the presiding officer.
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner. Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
(a) intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.20 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Role of presiding officer.
The presiding officer presides at
			 the hearing, and may rule on motions, require briefs, issue a proposed
			 decision, and issue such orders and rulings as will ensure the orderly conduct
			 of the proceedings.
(2)
Objections.
All objections shall be timely made and stated on
			 the record.
(3)
Representative of parties.
Parties have the right to
			 participate or to be represented in all hearings related to their case.
			 Partnerships, corporations, or associations may be represented by any member,
			 officer, director, or duly authorized agent. Any party may be represented by an
			 attorney or another person authorized by law.
(4)
Role of parties.
Subject
			 to terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5)
Decorum of
			 hearing.
The presiding officer shall maintain the decorum of the
			 hearing and may refuse to admit or may expel anyone whose conduct is
			 disorderly.
(6)
Sequestering of witnesses.
Witnesses may be sequestered during
			 the hearing.
(7)
Conduct of
			 hearing.
The presiding officer shall conduct the hearing in the
			 following manner:
a. The presiding officer
			 shall give an opening statement briefly describing the nature of the
			 proceedings;
b. The parties shall
			 be given an opportunity to present opening statements;
c. Parties shall present their cases in the
			 sequence determined by the presiding officer;
d. Each witness shall be sworn or affirmed by
			 the presiding officer or the court reporter, and be subject to examination and
			 cross-examination. The presiding officer may limit questioning in a manner
			 consistent with law;
e. When all
			 parties and witnesses have been heard, parties may be given the opportunity to
			 present final arguments.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.21 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Admissibility.
The presiding officer shall rule on
			 admissibility of evidence and may, where appropriate, take official notice of
			 facts in accordance with all applicable requirements of law.
(2)
Stipulation of facts.
Stipulation of facts is encouraged. The presiding officer may make a decision
			 based on stipulated facts.
(3)
Scope of evidence.
Evidence in the proceeding shall be
			 confined to the issues as to which the parties received notice prior to the
			 hearing unless the parties waive their right to such notice or the presiding
			 officer determines that good cause justifies expansion of the issues. If the
			 presiding officer decides to admit evidence on issues outside the scope of the
			 notice over the objection of a party who did not have actual notice of those
			 issues, that party, upon timely request, shall receive a continuance sufficient
			 to amend pleadings and to prepare on the additional issue.
(4)
Admission and
			 examination.
The party seeking admission of an exhibit must provide
			 opposing parties with an opportunity to examine the exhibit prior to the ruling
			 on its admissibility. Copies of documents should be provided to opposing
			 parties. All exhibits admitted into evidence shall be appropriately marked and
			 be made part of the record.
(5)
Objection.
Any party may object to specific evidence or may
			 request limits on the scope of any examination or cross-examination. Such an
			 objection shall be accompanied by a brief statement of the grounds upon which
			 it is based. The objection, the ruling on the objection, and the reasons for
			 the ruling shall be noted in the record. The presiding officer may rule on the
			 objection at the time it is made or may reserve a ruling until the written
			 decision.
(6)
Offer of
			 service.
Whenever evidence is ruled inadmissible, the party offering
			 that evidence may submit an offer of proof on the record. The party making the
			 offer of proof for excluded oral testimony shall briefly summarize the
			 testimony or, with permission of the presiding officer, present the testimony.
			 If the excluded evidence consists of a document or exhibit, it shall be marked
			 as part of an offer of proof and inserted in the record.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.24 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the division shall provide a copy of the whole or
				any portion of the record at cost. The cost of preparing a copy of the record
				or of transcribing the hearing record shall be paid by the requesting
				party.
Parties who request that a hearing be recorded by certified
				shorthand reporters rather than by electronic means shall bear the cost of that
				recordation, unless otherwise provided by law.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on the administrator's own
				motion, the administrator may review an interlocutory order of the presiding
				officer. In determining whether to do so, the administrator shall weigh the
				extent to which its granting the interlocutory appeal would expedite final
				resolution of the case and the extent to which review of that interlocutory
				order by the agency at the time it reviews the proposed decision of the
				presiding officer would provide an adequate remedy. Any request for
				interlocutory review must be filed within 14 days of issuance of the challenged
				order, but no later than the time for compliance with the order or the date of
				hearing, whichever is first.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administrator's final decision.
When the administrator
			 presides over the reception of evidence at the hearing, the administrator's
			 decision is a final decision.
(2)
Proposed decision.
When the administrator does not preside at
			 the reception of evidence, the presiding officer shall make a proposed
			 decision. The proposed decision becomes the final decision of the agency
			 without further proceedings unless there is an appeal to, or review on motion
			 of, the administrator within the time provided in rule 10.27(17A).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the administrator within 30 days after issuance of the
			 proposed decision.
(2)
Review.
The administrator may initiate review of a proposed
			 decision on the administrator's own motion at any time within 30 days following
			 the issuance of such a decision.
(3)
Notice of appeal.
An
			 appeal of a proposed decision is initiated by filing a timely notice of appeal
			 with the division. The notice of appeal must be signed by the appealing party
			 or a representative of that party and contain a certificate of service. The
			 notice shall specify:
a. The parties
			 initiating the appeal;
b. The
			 proposed decision or order appealed from;
c. The specific findings or conclusions to
			 which exception is taken and any other exceptions to the decision or
			 order;
d. The relief
			 sought;
e. The grounds for
			 relief.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the agency decision on the existing record and whether, on the basis of
			 the grounds enumerated in subrule 10.27(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the division within 20 days after issuance of
			 the final decision.
(4)
Notice to other parties. A
copy of the application shall be
			 timely mailed by the applicant to all parties of record not joining therein. If
			 the application does not contain a certificate of service, the division shall
			 serve copies on all parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied unless the agency grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.29 - Stays of Agency Actions.

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Agency appeal. Any party to a contested
			 case proceeding may petition the division for a stay of an order issued in that
			 proceeding or for other temporary remedies, pending review by the division. The
			 petition shall be filed with the notice of appeal and shall state the reasons
			 justifying a stay or other temporary remedy. The administrator may rule on the
			 stay or authorize the presiding officer to do so.
b. Stay or temporary remedy. Any party to a
			 contested case proceeding may petition the division for a stay or other
			 temporary remedies pending judicial review of all or part of that proceeding.
			 The petition shall state the reasons justifying a stay or other temporary
			 remedy.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.30 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity of an evidentiary
				hearing. If such agreement is reached, a jointly submitted schedule detailing
				the method and timetable for submission of the record, briefs and oral argument
				should be submitted to the presiding officer for approval as soon as
				practicable. If the parties cannot agree, any party may file and serve a motion
				for summary judgment pursuant to the rules governing such
				motions.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.31 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare and, consistent with the Constitution
			 and other provisions of law, the agency may issue a written order in compliance
			 with Iowa Code section
			 17A.18 to suspend a license in
			 whole or in part, order the cessation of any continuing activity, order
			 affirmative action, or take other action within the jurisdiction of the agency
			 by emergency adjudicative order. Before issuing an emergency adjudicative order
			 the agency shall consider factors including, but not limited to, the following:
a. Whether there has been a sufficient
			 factual investigation to ensure that the agency is proceeding on the basis of
			 reliable information;
b. Whether
			 the specific circumstances which pose immediate danger to the public health,
			 safety or welfare have been identified and determined to be
			 continuing;
c. Whether the person
			 required to comply with the emergency adjudicative order may continue to engage
			 in other activities without posing immediate danger to the public health,
			 safety or welfare;
d. Whether
			 imposition of monitoring requirements or other interim safeguards would be
			 sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the division is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.32 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
A party to a controversy that may culminate or has culminated
				in contested case proceedings may attempt informal settlement by complying with
				the procedures set forth in this rule. No party shall be required to settle the
				controversy or contested case by submitting to informal settlement
				procedures.
(1) Parties desiring
			 informal settlement shall set forth in writing the various points of a proposed
			 settlement, including findings of facts.
(2) When signed by the parties and approved
			 by the administrator or the administrator's designee, a settlement shall
			 represent final disposition of the matter.
(3) A proposed settlement which is not
			 accepted or signed by the parties and the administrator or the administrator's
			 designee shall not be admitted as evidence in the record of a contested case
			 proceeding. Evidence of conduct or statements made in settlement negotiations
			 likewise are not admissible. This rule does not require exclusion when the
			 evidence is offered for another purpose, such as proving bias or prejudice of a
			 witness, negating a contention of undue delay, or proving an effort to obstruct
			 a criminal investigation or prosecution.
This rule is intended to implement Iowa Code section
				17A.10.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 14 - Private Wine Sales › Rule 185-14.1 - Wine Definition

Current through Register Vol. 47, No. 3, July 24, 2024
Wine means any beverage containing more than 5 percent, but not
				more than 17 percent, of alcohol by weight obtained by the fermentation of the
				natural sugar content of fruits or other agricultural products by excluding any
				product containing alcohol derived from malt or by the distillation process
				from grain cereal, molasses, or cactus. Any wines obtained by the process
				defined herein that contain more than 17 percent of alcohol by weight will be
				considered an alcoholic liquor
This rule is intended to implement Iowa Code section
				123.3(37).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 14 - Private Wine Sales › Rule 185-14.2 - Bottle Label Requirements and Registration

Current through Register Vol. 47, No. 3, July 24, 2024
All holders of a vintner's certificate of compliance must
				register with the division the labels on all wines they wish to distribute for
				sale in the state. Applications for label approval will be in letter form and
				will include a copy of the approved ATF Form 1649, along with the front and
				back label of the brand for which approval is being requested. No additional
				approval is required on size extensions unless there is a label change. No
				wines will be distributed for sales without prior label approval from the
				division. Requests for approval will be submitted to: The Alcoholic Beverages
				Division, 1918 S.E. Hulsizer, Ankeny, Iowa 50021, Attn: Products
				Division.
This rule is intended to implement Iowa Code section
				123.21, subsection
				7.