reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed rule that mandates additional combined expenditures exceeding $100,000
			 by all affected political subdivisions or agencies and entities which contract
			 with political subdivisions to provide services must be accompanied by a fiscal
			 impact statement outlining the costs associated with the rule. A fiscal impact
			 statement must satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the agency determines at the time it
			 adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the agency shall, at the same time, issue a corrected fiscal
			 impact statement and publish the corrected fiscal impact statement in the Iowa
			 Administrative Bulletin.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 agency shall not adopt a rule until the period for making written submissions
			 and oral presentations has expired. Within 180 days after the later of the
			 publication of the Notice of Intended Action, or the end of oral proceedings
			 thereon, the agency shall adopt a rule pursuant to the rule-making proceeding
			 or terminate the proceeding by publication of a notice to that effect in the
			 Iowa Administrative Bulletin.
(2)
Consideration of public comment.
Before the adoption of a
			 rule, the agency shall consider fully all of the written submissions and oral
			 submissions received in that rule-making proceeding or any memorandum
			 summarizing such oral submissions, and any regulatory analysis or fiscal impact
			 statement issued in that rule-making proceeding.
(3)
Reliance on agency
			 expertise.
Except as otherwise provided by law, the agency may use its
			 own experience, technical competence, specialized knowledge, and judgment in
			 the adoption of a rule.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The agency
			 shall not adopt arule that differs from the rule proposed in the Notice of
			 Intended Action on which the rule is based unless:
a. The differences are within the scope of
			 the subject matter announced in the Notice of Intended Action and are in
			 character with the issues raised in that notice; and
b. The differences are a logical outgrowth of
			 the contents of that Notice of Intended Action and the comments submitted in
			 response thereto; and
c. The Notice
			 of Intended Action provided fair warning that the outcome of that rule-making
			 proceeding could be the rule in question.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the agency for good cause finds that public
			 notice and participation are unnecessary, impracticable, or contrary to the
			 public interest in the process of adopting a particular rule, the agency may
			 adopt that rule without publishing advance Notice of Intended Action in the
			 Iowa Administrative Bulletin and without providing for written or oral public
			 submissions prior to its adoption. The agency shall incorporate the required
			 finding and a brief statement of its supporting reasons in each rule adopted in
			 reliance upon this subrule.
(2)
Public proceedings on rules adopted without them.
The agency
			 may, at any time, commence a standard rule-making proceeding for the adoption
			 of a rule that is identical or similar to a rule it adopts in reliance upon
			 subrule 11.10(1). Upon written petition by a governmental subdivision, the
			 administrative rules review committee, an agency, the administrative rules
			 coordinator, an association having not less than 25 members, or at least 25
			 persons, the agency shall commence a standard rule-making proceeding for any
			 rule specified in the petition that was adopted in reliance upon subrule
			 11.10(1). Such a petition must be filed within one year of the publication of
			 the specified rule in the Iowa Administrative Bulletin as an adopted rule. The
			 rule-making proceeding on that rule must be commenced within 60 days of the
			 receipt of such a petition. After a standard rule-making proceeding commenced
			 pursuant to this subrule, the agency may either readopt the rule it adopted
			 without benefit of all usual procedures on the basis of subrule 11.10(1), or
			 may take any other lawful action, including the amendment or repeal of the rule
			 in question, with whatever further proceedings are appropriate.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested by a person, either prior to the
			 adoption of a rule or within 30 days after its publication in the Iowa
			 Administrative Bulletin as an adopted rule, the agency shall issue a concise
			 statement of reasons for the rule. Requests for such a statement must be in
			 writing and be delivered to Iowa Public Television, 6450 Corporate Drive,
			 Johnston, Iowa 50131. The request should indicate whether the statement is
			 sought for all or only a specified part of the rule. Requests will be
			 considered made on the date received.
(2)
Contents.
The concise
			 statement of reasons shall contain:
a. The
			 reasons for adopting the rule;
b.
			 An indication of any change between the text of the proposed rule contained in
			 the published Notice of Intended Action and the text of the rule as finally
			 adopted, with the reasons for any such change;
c. The principal reasons urged in the
			 rule-making proceeding for and against the rule, and the agency's reasons for
			 overruling the arguments made against the rule.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
			 adopted by the agency shall contain the text of the rule and, in addition:
a. The date the agency adopted the
			 rule;
b. A brief explanation of the
			 principal reasons for the rule-making action if such reasons are required by
			 1998 Iowa Acts, chapter 1202, section 8, or the agency in its discretion
			 decides to include such reasons;
c.
			 A reference to all rules repealed, amended, or suspended by the rule;
d. A reference to the specific statutory or
			 other authority authorizing adoption of the rule;
e. Any findings required by any provision of
			 law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
			 reasons for the failure to provide for waivers to the rule if no waiver
			 provision is included and a brief explanation of any waiver or special
			 exceptions provided in the rule if such reasons are required by 1998 Iowa Acts,
			 chapter 1202, section 8, or the agency in its discretion decides to include
			 such reasons; and
g. The effective
			 date of the rule.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.13 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The agency shall maintain an official rule-making
			 record for each rule it proposes by publication in the Iowa Administrative
			 Bulletin of a Notice of Intended Action, or adopts. The rule-making record and
			 materials incorporated by reference must be available for public
			 inspection.
(2)
Contents.
The agency rule-making record shall contain:
a. Copies of all publications in the Iowa
			 Administrative Bulletin with respect to the rule or the proceeding upon which
			 the rule is based and any file-stamped copies of agency submissions to the
			 administrative rules coordinator concerning that rule or the proceeding upon
			 which it is based;
b. Copies of any
			 portions of the agency's public rule-making docket containing entries relating
			 to the rule or the proceeding upon which the rule is based;
c. All written petitions, requests, and
			 submissions received by the agency, and all other written materials of a
			 factual nature as distinguished from opinion that are relevant to the merits of
			 the rule and that were created or compiled by the agency and considered by the
			 executive director, in connection with the formulation, proposal, or adoption
			 of the rule or the proceeding upon which the rule is based, except to the
			 extent the agency is authorized by law to keep them confidential; provided,
			 however, that when any such materials are deleted because they are authorized
			 by law to be kept confidential, the agency shall identify in the record the
			 particular materials deleted and state the reasons for that deletion;
d. Any official transcript of oral
			 presentations made in the proceeding upon which the rule is based or, if not
			 transcribed, the stenographic record or electronic recording of those
			 presentations, and any memorandum prepared by a presiding officer summarizing
			 the contents of those presentations;
e. A copy of any regulatory analysis or
			 fiscal impact statement prepared for the proceeding upon which the rule is
			 based;
f. A copy of the rule and
			 any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
			 suspension of the rule;
h. A copy
			 of any objection to the issuance of that rule without public notice and
			 participation that was filed pursuant to Iowa Code section I7A.4(2) by the
			 administrative rules review committee, the governor, or the attorney
			 general;
i. A copy of any objection
			 to the rule filed by the administrative rules review committee, the governor,
			 or the attorney general pursuant to Iowa Code section I7A.4(4), and any agency
			 response to that objection;
j. A
			 copy of any significant written criticism of the rule, including a summary of
			 any petitions for waiver of the rule; and
k. A copy of any executive order concerning
			 the rule.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall file each rule it adopts in the office of the
				administrative rules coordinator The filing must be executed as soon after
				adoption of the rule as is practicable. At the time of filing, each rule must
				have attached to it any fiscal impact statement and any concise statement of
				reasons that was issued with respect to that rule. If a fiscal impact statement
				or statement of reasons for that rule was not issued until a time subsequent to
				the filing of that rule, the note or statement must be attached to the filed
				rule within five working days after the note or statement is issued. In filing
				a rule, the agency shall use the standard form prescribed by the administrative
				rules coordinator
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The agency may
			 make a rule effective after its filing at any stated time prior to 35 days
			 after its indexing and publication in the Iowa Administrative Bulletin if it
			 finds that a statute so provides, the rule confers a benefit or removes a
			 restriction on some segment of the public, or that the effective date of the
			 rule is necessary to avoid imminent peril to the public health, safety, or
			 welfare. The agency shall incorporate the required finding and a brief
			 statement of its supporting reasons in each rule adopted in reliance upon this
			 subrule.
(2)
Special
			 notice.
When the agency makes a rule effective prior to its indexing
			 and publication in reliance upon the provisions of Iowa Code section
			 17A.5(2)
"b"
(3), the agency shall
			 employ all reasonable efforts to make its contents known to the persons who may
			 be affected by that rule prior to the rule's indexing and publication. The term
			 "all reasonable efforts" requires the agency to employ the most effective and
			 prompt means of notice rationally calculated to inform potentially affected
			 parties of the effectiveness of the rule that is justified and practical under
			 the circumstances considering the various alternatives available for this
			 purpose, the comparative costs to the agency of utilizing each of those
			 alternatives, and the harm suffered by affected persons from any lack of notice
			 concerning the contents of the rule prior to its indexing and publication. The
			 means that may be used for providing notice of such rules prior to their
			 indexing and publication include, but are not limited to, any one or more of
			 the following means: radio, newspaper, television, signs, mail, telephone,
			 personal notice or electronic means.
A rule made effective prior to its indexing and publication in
				reliance upon the provisions of Iowa Code section I7A.5(2)
"b"
(3) shall include in that rule a statement describing the reasonable efforts
				that will be used to comply with the requirements of subrule
				11.15(2).
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The agency shall
			 maintain an official, current, and dated compilation that is indexed by
			 subject, containing all of its general statements of policy within the scope of
			 Iowa Code section
			 17A.2(10)
"a," "c," "f," "g," "h,"
			 "k."
Each addition to, change in, or deletion from the official
			 compilation must also be dated, indexed, and a record thereof kept. Except for
			 those portions containing rules governed by Iowa Code section
			 17A.2(I0)
f.
or otherwise authorized
			 by law to be kept confidential, the compilation must be made available for
			 public inspection and copying.
(2)
Enforcement of requirements.
A general statement of policy
			 subject to the requirements of this subsection shall not be relied on by the
			 agency to the detriment of any person who does not have actual, timely
			 knowledge of the contents of the statement until the requirements of subrule
			 11.16(1) are satisfied. This provision is inapplicable to the extent necessary
			 to avoid imminent peril to the public health, safety, or welfare.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.17 - Review by Agency of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 interested person, association, agency, or political subdivision may submit a
			 written request to the administrative rules coordinator requesting the agency
			 to conduct a formal review of a specified rule. Upon approval of that request
			 by the administrative rules coordinator, the agency shall conduct a formal
			 review of a specified rule to determine whether a new rule should be adopted
			 instead or the rule should be amended or repealed. The agency may refuse to
			 conduct a review if it has conducted such a review of the specified rule within
			 five years prior to the filing of the written request.
(2) In conducting the formal review, the
			 agency shall prepare within a reasonable time a written report summarizing its
			 findings, its supporting reasons, and any proposed course of action. The report
			 must include a concise statement of the agency's findings regarding the rule's
			 effectiveness in achieving its objectives, including a summary of any available
			 supporting data. The report shall also concisely describe significant written
			 criticisms of the rule received during the previous five years, including a
			 summary of any petitions for waiver of the rule received by the agency or
			 granted by the agency. The report shall describe alternative solutions to
			 resolve the criticisms of the rule, the reasons any were rejected, and any
			 changes made in the rule in response to the criticisms as well as the reasons
			 for the changes. A copy of the agency's report shall be sent to the
			 administrative rules review committee and the administrative rules coordinator
			 The report must also be available for public inspection.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 12 - Declaratory Orders › Rule 288-12.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with Iowa public television for
				a declaratory order as to the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of Iowa Public
				Television at 6450 Corporate Drive, Johnston, Iowa 50131. A petition is deemed
				filed when it is received by that office. Iowa public television shall provide
				the petitioner with a file-stamped copy of the petition if the petitioner
				provides the agency an extra copy for this purpose. The petition must be
				typewritten or legibly handwritten in ink and must substantially conform to the
				following form:
IOWA PUBLIC TELEVISION
Petition by (Name of Petitioner) for a Declaratory Order on
				(Cite provisions of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by I2.7(I7A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 12 - Declaratory Orders › Rule 288-12.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, Iowa public television shall give notice of the petition to all persons
				not served by the petitioner pursuant to 12.6(17A) to whom notice is required
				by any provision of law. Iowa public television may also give notice to any
				other persons.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 12 - Declaratory Orders › Rule 288-12.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person who
			 qualifies under any applicable provision of law as an intervenor and who files
			 a petition for intervention within 15 days of the filing of a petition for
			 declaratory order (after time for notice under 12.2(17A) and before 30-day time
			 for agency action under 12.8(17A)) shall be allowed to intervene in a
			 proceeding for a declaratory order
(2) Any person who files a petition for
			 intervention at any time prior to the issuance of an order may be allowed to
			 intervene in a proceeding for a declaratory order at the discretion of Iowa
			 public television.
(3) A petition
			 for intervention shall be filed at 6450 Corporate Drive, Johnston, Iowa 50131.
			 Such a petition is deemed filed when it is received by that office. Iowa public
			 television will provide the petitioner with a file-stamped copy of the petition
			 for intervention if the petitioner provides an extra copy for this purpose. A
			 petition for intervention must be typewritten or legibly handwritten in ink and
			 must substantially conform to the following form:
IOWA PUBLIC TELEVISION
Petition by (Name of Original Petitioner) for a Declaratory
				Order on (Cite provisions of law cited in original petition).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervenor's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervenor's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervenor's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervenor's representative, and a
				statement indicating the person to whom commimications should be
				directed.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 12 - Declaratory Orders › Rule 288-12.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. Iowa public television may request a brief from the
				petitioner, any intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 12 - Declaratory Orders › Rule 288-12.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
Filing-when required.
All petitions for declaratory orders,
			 petitions for intervention, briefs, or other papers in a proceeding for a
			 declaratory order shall be filed with Iowa Public Television, 6450 Corporate
			 Drive, Johnston, Iowa 50131. All petitions, briefs, or other papers that are
			 required to be served upon a party shall be filed simultaneously with Iowa
			 public television.
(3)
Method of service, time offihng, and proof of mailing.
Methodof service, time of filing, and proof of mailing shall be as provided by
			 uniform rule on contested cases 288-13.I2(17A).
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 12 - Declaratory Orders › Rule 288-12.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, Iowa public television must
				schedule a brief and informal meeting between the original petitioner, all
				intervenors, and Iowa public television, a member of Iowa public television, or
				a member of the staff of Iowa public television, to discuss the questions
				raised. Iowa public television may solicit comments from any person on the
				questions raised. Also, comments on the questions raised may be submitted to
				Iowa public television by any person.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 12 - Declaratory Orders › Rule 288-12.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within the
			 time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a
			 petition for a declaratory order, the executive director or designee shall take
			 action on the petition as required by 1998 Iowa Acts, chapter 1202, section
			 13(5).
(2) The date of issuance of
			 an order or of a refusal to issue an order is as defined in contested case
			 uniform rule
			 288-13.2
			 (17A).
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 12 - Declaratory Orders › Rule 288-12.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Iowa public
			 television shall not issue a declaratory order where prohibited by 1998 Iowa
			 Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory order
			 on some or all questions raised for the following reasons:
1. The petition does not substantially comply
			 with the required form.
2. The
			 petition does not contain facts sufficient to demonstrate that the petitioner
			 will be aggrieved or adversely affected by the failure of Iowa public
			 television to issue an order.
3.
			 Iowa public television does not have jurisdiction over the questions presented
			 in the petition.
4. The questions
			 presented by the petition are also presented in a current rule making,
			 contested case, or other agency or judicial proceeding, that may definitively
			 resolve them.
5. The questions
			 presented by the petition would more properly be resolved in a different type
			 of proceeding or by another body with jurisdiction over the matter.
6. The facts or questions presented in the
			 petition are imclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge an agency decision already
			 made.
9. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner
10. The petitioner
			 requests Iowa public television to determine whether a statute is
			 unconstitutional on its face.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 12 - Declaratory Orders › Rule 288-12.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its
				conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 12 - Declaratory Orders › Rule 288-12.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on Iowa public
				television, the petitioner, and any intervenors who consent to be bound and is
				applicable only in circumstances where the relevant facts and the law involved
				are indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on
				Iowa public television. The issuance of a declaratory order constitutes final
				agency action on the petition.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5)
				 and includes any matter defined as a no
				factual dispute contested case under 1998 Iowa Acts, chapter 1202, section
				14.
"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
"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 executive
				director.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which Iowa public television did not
				preside.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
			 shall be computed as provided in Iowa Code subsection
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute.
			 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 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.4 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
Any person claiming an entitlement to a contested case
				proceeding shall file a written request for such a proceeding within the time
				specified by the particular rules or statutes governing the subject matter or,
				in the absence of such law, the time specified in the agency action in
				question.
The request for a contested case proceeding should state the
				name and address of the requester, identify the specific agency action which is
				disputed, and where the requester is represented by a lawyer identify the
				provisions of law or precedent requiring or authorizing the holding of a
				contested case proceeding in the particular circumstances involved, and include
				a short and plain statement of the issues of material fact in
				dispute.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.5 - 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. First-class mail; or
d. Publication, as provided in the Iowa Rules
			 of Civil Procedure.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party
			 who wishes to request that the presiding officer assigned to render a proposed
			 decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within 20 days after
			 service of a notice of hearing which identifies or describes the presiding
			 officer as the agency head or members of the agency.
(2) The agency or its designee may deny the
			 request only upon a finding that one or more of the following apply:
a. Neither the agency nor any officer of the
			 agency under whose authority the contested case is to take place is a named
			 party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. An administrative law judge is unavailable
			 to hear the case within a reasonable time.
d. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
e. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
f. Funds are unavailable to
			 pay the costs of an administrative law judge and an interagency
			 appeal.
g. The request was not
			 timely filed.
h. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.7 - 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 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.8 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference in which all parties have an opportunity to
				participate. Other telephone proceedings may be held with the consent of all
				parties. The presiding officer will determine the location of the parties and
				witnesses for telephone hearings. The convenience of the witnesses or parties,
				as well as the nature of the case, will be considered when location is
				chosen.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.9 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.10 - 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 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.11 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pleadings may
			 be required by rule, by the notice of hearing, or by order of the presiding
			 officer
(2) Petition.
a. Any petition required in a contested case
			 proceeding shall be filed within 20 days of delivery of the notice of hearing
			 or subsequent order of the presiding officer, unless otherwise
			 ordered.
b. A petition shall state
			 in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
			 the petition is filed;
(2) The
			 particular provisions of statutes and rules involved;
(3) The relief demanded and the facts and law
			 relied upon for such relief; and
(4) The name, address and telephone number of
			 the petitioner and the petitioner's attorney, if any.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every pleading, motion, document, or
			 other paper filed in a contested case proceeding and every paper relating to
			 discovery in such a proceeding shall be served upon each of the parties of
			 record to the proceeding, including the person designated as advocate or
			 prosecutor for the state or the agency, simultaneously with their filing.
			 Except for the original notice of hearing and an application for rehearing as
			 provided in Iowa Code 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
(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
			 Iowa public television.
(4)
Filing-when made.
Except where otherwise provided by law, a
			 document is deemed filed at the time it is delivered to Iowa public television,
			 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.
(5)
Proof of mailing.
Proof
			 of mailing includes either: a legible United States Postal Service postmark on
			 the envelope, a certificate of service, a notarized affidavit, or a
			 certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the (agency office and address) and to the names and addresses of
				the parties listed below by depositing the same in (a United States post office
				mailbox with correct postage properly affixed or state interoffice
				mail).
(Date)
(Signature)
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.13 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules or by order of the presiding
			 officer, time periods for compliance with discovery shall be as provided in the
			 Iowa Rules of Civil Procedure.
(2)
			 Any motion relating to discovery shall allege that the moving party has
			 previously made a good-faith attempt to resolve the discovery issues involved
			 with the opposing party. Motions in regard to discovery shall be ruled upon by
			 the presiding officer. Opposing parties shall be afforded the opportunity to
			 respond within ten days of the filing of the motion unless the time is
			 shortened as provided in subrule 13.13(1). The presiding officer may rule on
			 the basis of the written motion and any response, or may order argument on the
			 motion.
(3) Evidence obtained in
			 discovery may be used in the contested case proceeding if that evidence would
			 otherwise be admissible in that proceeding.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. An agency
			 subpoena shall be issued to a party on request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a request
			 for a subpoena must be received at least three days before the scheduled
			 hearing. The request shall include the name, address, and telephone number of
			 the requesting party.
b. Except to
			 the extent otherwise provided by law, parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.15 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the agency or the presiding officer The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing, except
			 motions for summary judgment, must be filed and served at least ten days prior
			 to the date of hearing unless there is good cause for permitting later action
			 or the time for such action is lengthened or shortened by rule of the agency or
			 an order of the presiding officer
(5) Motions for summary judgment. Motions for
			 summary judgment shall comply with the requirements of Iowa Rule of Civil
			 Procedure 237 and shall be subject to disposition according to the requirements
			 of that rule to the extent such requirements are not inconsistent with the
			 provisions of this rule or any other provision of law governing the procedure
			 in contested cases.
Motions for summary judgment must be filed and served at least
				45 days prior to the scheduled hearing date, or other time period determined by
				the presiding officer. Any party resisting the motion shall file and serve a
				resistance within 15 days, unless otherwise ordered by the presiding officer,
				from the date a copy of the motion was served. The time fixed for hearing or
				nonoral submission shall be not less than 20 days after the filing of the
				motion, unless a shorter time is ordered by the presiding officer A summary
				judgment order rendered on all issues in a contested case is subject to
				rehearing pursuant to 13.28(17A) and appeal pursuant to
				13.27(17A).
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.16 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than seven days prior to the hearing date. A
			 prehearing conference shall be scheduled not less than three business days
			 prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the executive director to all parties. For good cause the presiding officer may
				permit variances from this rule.
(2) Each party shall bring to the prehearing
			 conference:
a. A final list of the witnesses
			 who the party anticipates will testify at hearing. Witnesses not listed may be
			 excluded from testifying unless there was good cause for the failure to include
			 their names; and
b. A final list of
			 exhibits which the party anticipates will be introduced at hearing. Exhibits
			 other than rebuttal exhibits that are not listed may be excluded from admission
			 into evidence unless there was good cause for the failure to include
			 them.
c. Witness or exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the presiding officer at the prehearing conference. Any such
			 amendments must be served on all parties.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.17 - Continuances

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