reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.4 - 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 office action in
				  question.
The request for a contested case proceeding should state the
				  name and address of the requester; identify the specific office 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. If the
				  office denies the request, the office shall issue a written order specifying
				  the basis for the denial.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.5 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
A party to a controversy that may culminate in contested case
				  proceedings or a party to a contested case proceeding may attempt informal
				  settlement of the controversy or contested case by complying with the
				  procedures set forth in this rule. No party to such a controversy or contested
				  case 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, which
				may include a stipulated statement of facts.
(2) When signed by the parties to a
				controversy or contested case and by the CIO, a proposed settlement shall
				represent final disposition of the matter in place of any prospective or
				current contested case proceedings.
(3) Where there are more than two parties to
				a controversy or contested case involving the office, a separate settlement
				between one party and the office is permissible.
(4) A proposed settlement which is not
				accepted or signed by the parties shall not be admitted as evidence in the
				record of a contested case proceeding. Evidence of conduct or statements made
				in settlement negotiations are likewise 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.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.6 - Notice of Hearing and Transmission of Contested Cases

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 of the notice of hearing may be executed by:
a. Personal service as provided in the Iowa
				Rules of Civil Procedure;
b.
				Certified mail, return receipt requested;
c. First-class mail; or
d. Publication, as provided in the Iowa Rules
				of Civil Procedure.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.7 - Legal Representation

Current through Register Vol. 47, No. 3, July 24, 2024
Parties in a contested case have the right to participate or
				  to be represented in all hearings or prehearing conferences related to their
				  case. Business entities, such as partnerships, corporations, or associations
				  may be represented by a nonlawyer partner, member, officer, director,
				  shareholder, other owner or manager, or duly authorized agent. Any party may be
				  represented by an attorney or another person authorized by law. The attorney
				  shall file an appearance in the contested case. If the attorney is not licensed
				  to practice law in Iowa, the attorney shall comply with Iowa Court Rule 31.14.
				  The cost of any such representation shall be borne by the represented
				  party.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.8 - 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 CIO.
(2) The CIO may
				deny the request only upon a finding that one or more of the following apply:
a. Neither the office nor any officer of the
				office 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 with the qualifications identified in subrule 6.8(3)
				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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.9 - 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 office 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.10 - Telephone and Electronic Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may, on the presiding officer's own
				  motion or as requested by a party, order hearings or argument to be held by
				  telephone conference or other electronic means in which all parties have an
				  opportunity to participate. The presiding officer will determine the location
				  of the parties and witnesses for telephone or other electronic hearings. The
				  convenience of the parties or witnesses, as well as the nature of the case,
				  shall be considered when the location is chosen. The presiding officer may
				  permit any witness to testify by telephone or other electronic means. If there
				  is a prehearing conference, the parties shall disclose at or before the
				  prehearing conference whether any witness will be testifying by telephone or
				  other electronic means. If there is not a prehearing conference, the parties
				  shall disclose not less than three business days prior to the hearing date
				  whether any witness will be testifying by telephone or other electronic means
				  unless any law, rule, or order of the presiding officer requires disclosure
				  sooner. Objections, if any, shall be filed and served on all parties at least
				  three business days in advance of hearing.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.11 - 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.12 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may, upon motion by any
				party or the presiding officer's own motion, 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.13 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When
				required.
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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.14 - 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 office, 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
-
to whom and how made.
Service upon a
				party represented in the contested case proceeding by an attorney shall be made
				upon the attorney unless otherwise ordered. Service may be made in the
				following ways:
a. Service may be 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.
b. The
				presiding officer may by order or a party or a party's attorney may by consent
				permit service of particular documents by e-mail or similar electronic means
				unless precluded by a provision of law. In the absence of such an order or
				consent, electronic transmission shall not satisfy service requirements, but
				may be used to supplement service when rapid notice is desirable. Consent to
				electronic service by a party or a party's attorney shall be in writing, may be
				accomplished through electronic transmission to the office and other parties,
				and shall specify the e-mail address for such service. Service by electronic
				transmission is complete upon transmission unless the office or party making
				service learns the attempted service did not reach the party to be
				served.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.15 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pursuant to
				Iowa Code section 17A. 13, discovery procedures applicable in civil actions are
				applicable in contested cases.
(2)
				The scope of discovery described in Iowa Rule of Civil Procedure 1.503 shall
				apply to contested case proceedings.
(3) The following discovery procedures
				available in the Iowa Rules of Civil Procedure are available to the parties in
				a contested case proceeding: depositions upon oral examination or written
				questions; written interrogatories; production of documents, electronically
				stored information, and things; and requests for admission. The time frames for
				discovery in the corresponding Iowa Rule of Civil Procedure govern those
				specific procedures, unless lengthened or shortened by the presiding officer.
a. Iowa Rules of Civil Procedure 1.701
				through 1.717 regarding depositions shall apply to any depositions taken in a
				contested case proceeding. Any party taking a deposition in a contested case
				shall be responsible for any deposition costs, unless otherwise specified or
				allocated in an order. Deposition costs include, but are not limited to,
				reimbursement for mileage of the deponent, costs of a certified shorthand
				reporter, and expert witness fees, as applicable.
b. Iowa Rule of Civil Procedure 1.509 shall
				apply to any interrogatories propounded in a contested case
				proceeding.
c. Iowa Rule of Civil
				Procedure 1.512 shall apply to any requests for production of documents,
				electronically stored information, and things in a contested case
				proceeding.
d. Iowa Rule of Civil
				Procedure 1.510 shall apply to any requests for admission in a contested case
				proceeding. Iowa Rule of Civil Procedure 1.511 regarding the effect of an
				admission shall apply in contested case proceedings.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.16 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subpoenas
				issued in a contested case may compel the attendance of witnesses at deposition
				or hearing and may compel the production of books, papers, records, and other
				real evidence. 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. Upon written request that complies with this rule,
				subpoenas shall be issued either by the division when a matter has been
				assigned to the division for hearing or by the office when a matter has not
				been assigned to the division for hearing. The request may be made in person or
				by mail or electronic mail. A request for a subpoena must be received by the
				division or the office, whichever is applicable, at least seven calendar days
				before the scheduled hearing, or the subpoena will not be issued.
(2) A request for a subpoena shall include
				the following information, as applicable:
a.
				The name, address, e-mail address, and telephone number of the person
				requesting the subpoena;
b. The
				name and address of the person to whom the subpoena shall be
				directed;
c. The date and time and
				location at which the person shall be commanded to attend and give
				testimony;
d. Whether the testimony
				is requested in connection with a deposition or hearing;
e. A description of the books, papers,
				records or other real evidence requested; and / The date, time and location for
				production, or inspection and copying.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.17 - 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 15 days after the motion is served, unless the time period is
				extended or shortened by rules of the office 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 upon request by
				any party or the presiding officer's own 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 office or
				an order of the presiding officer.
(5) Motions for summary judgment shall comply
				with the requirements of Iowa Rule of Civil Procedure 1.981 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 20 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 15 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 rule 129-6.30 (8B,17A) and appeal pursuant to
				  rule 129-6.29(8B,17A).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.18 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
				party may request a prehearing conference. Additionally, the presiding officer
				may order a prehearing conference on the presiding officer's own motion. 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 ten days
				prior to the hearing date. A prehearing conference shall be scheduled not less
				than three business days prior to the hearing date. The presiding officer shall
				give written notice of the prehearing conference to all parties. For good
				cause, the presiding officer may permit variances from this rule.
(2) Each party shall disclose at or prior 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.
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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.19 - 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
				requesting 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 office may waive notice of such requests for
				  a particular case or an entire class of cases.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.20 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				  that request prior to the hearing only in accordance with office rules.
				  Requests for withdrawal may be oral or written. If the request is oral, the
				  presiding officer may require the party to submit a written request after the
				  oral request. Unless otherwise provided, a withdrawal shall be with
				  prejudice.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.21 - 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, the position
				and interest of the proposed intervenor, and the possible impact of
				intervention on the proceeding. 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, whichever is earlier. 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 be
				denied.
(3)
Grounds for
				intervention.
In order to be entitled to intervene, the movant must
				demonstrate that:
a. Intervention would not
				unduly prolong the proceedings or otherwise prejudice the rights of existing
				parties;
b. The movant will 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.22 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Role of presiding officer.
The presiding officer shall preside
				at and be in control of the proceedings and shall have the authority to:
a. Issue such orders and rulings as will
				ensure the orderly conduct of the proceedings;
b. Rule on motions and objections;
c. Administer oaths to witnesses;
d. Admit or exclude testimony or other
				evidence;
e. Require that the
				parties submit briefs; and
f. Issue
				a proposed decision.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.23 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
				officer shall rule on admissibility of evidence in accordance with Iowa Code
				section
				17A.14
				and may, where appropriate, take official notice of facts in accordance with
				Iowa Code section
				17A.14(4).
(2) Stipulation of facts is encouraged. The
				presiding officer may make a decision based on stipulated facts.
(3) 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 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 that did not have actual notice of those
				issues, that party, upon timely request, shall receive a continuance sufficient
				to amend its pleadings and to prepare on the additional issue.
(4) 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 shall be provided to
				opposing parties. All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record. The way in which the parties shall mark
				exhibits shall be determined at the prehearing conference, if any. If there is
				no prehearing conference, the way in which the parties shall mark exhibits
				shall be determined by mutual agreement between the parties prior to
				hearing.
(5) Any party may object
				to specific evidence or may request limits on the scope of any examination or
				cross-examination. Such objection shall be timely, and the objecting party
				shall briefly state the grounds for the objection. 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) 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.
(7) Irrelevant, immaterial
				and unduly repetitious evidence should be excluded. A finding will be based
				upon the kind of evidence upon which reasonably prudent persons are accustomed
				to rely for the conduct of their serious affairs and may be based on hearsay or
				other types of evidence which may or would be inadmissible in a jury
				trial.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.26 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the office shall provide a copy of the
				  tape-recorded hearing or a printed transcript of the whole or any portion of
				  the hearing at cost. The cost of preparing the tape or transcript of the
				  hearing 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.27 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on the CIO's ownmotion,
				  the CIO may review an interlocutory order of the presiding officer. In
				  determining whether to do so, the CIO shall weigh the extent to which granting
				  the interlocutory appeal would expedite final resolution of the case and the
				  extent to which such review of that interlocutory order by the office 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
				  earlier.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.28 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Final decision of office.
When the CIO presides over the
				reception of evidence at the hearing, the CIO's decision is a final
				decision.
(2)
Proposed
				decision.
When the CIO does not preside at the reception of evidence,
				the presiding officer shall make a proposed decision.
(3)
Contents of decision.
The proposed or final decision or order shall:
a. Be in writing or stated on the
				record.
b. Include findings of
				fact. Findings of fact, if set forth within statutory language, shall be
				accompanied by a concise, explicit statement of underlying facts supporting the
				findings.
c. Include conclusions of
				law stated separately from the findings of fact and supported by cited
				authority or a reasoned opinion.
d.
				Be based on the record of the contested case. The record of the contested case
				shall include all materials specified in Iowa Code section 17A. 12(6). This
				record shall include any request for a contested case hearing and other
				relevant procedural documents regardless of their form.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.29 - 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 CIO within 14 days after issuance of the proposed
				decision. Such an appeal is required to exhaust administrative remedies and is
				a jurisdictional prerequisite to seeking judicial review.
(2)
Review.
The CIO may
				initiate review of a proposed decision on the CIO's own motion at any time
				within 21 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 office. 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; and
e. The grounds for
				relief.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.30 - 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 office decision on the existing record and whether, on the basis of
				the grounds enumerated in subrule 6.29(4), the applicant requests an
				opportunity to submit additional evidence.
(3)
Time of filing.
The
				application shall be filed with the office 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 office shall serve copies on all
				parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
				denied unless the CIO grants the application within 20 days after its
				filing.
(6)
Proceedings.
If the CIO grants an application for rehearing,
				the CIO may set the application for oral argument or for hearing if additional
				evidence will be received. If additional evidence will be received, the CIO may
				remand the case to the presiding officer for further hearing or may preside at
				the taking of additional evidence. If additional evidence will not be received,
				the CIO may issue a ruling without oral argument or hearing. The CIO may, on
				the request of a party or on the CIO's own motion, order or permit the parties
				to provide written argument on one or more designated issues. The CIO may be
				assisted by an administrative law judge in all proceedings related to an
				application for rehearing.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.31 - Stays of Office Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
				to a contested case proceeding may petition the office for a stay of an order
				issued in that proceeding or for other temporary remedies, pending review by
				the office. The petition shall be filed with the notice of appeal and shall
				state the reasons justifying a stay or other temporary remedy. The CIO may rule
				on the stay or authorize the presiding officer to do so.
b. Any party to a contested case proceeding
				may petition the office 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. Seeking a stay from the office is
				required to exhaust administrative remedies prior to seeking a stay from the
				district court.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.32 - 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 for the
				  production of evidence at 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.33 - 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 office may issue a written order in compliance
				with Iowa Code section 17A. 18 A to order the cessation of any continuing
				activity, order affirmative action, or take other action within the
				jurisdiction of the office by emergency adjudicative order. Before issuing an
				emergency adjudicative order, the office shall consider factors including, but
				not limited to, the following:
a. Whether
				there has been a sufficient factual investigation to ensure that the office 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 office is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.34 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the office's decision may be sought in
				  accordance with the terms of Iowa Code chapter 17A.
(1) Consistent with Iowa Code section 17A.
				19(3), if a party does not file a timely application for rehearing, a judicial
				review petition must be filed with the district court within 30 days after the
				issuance of the office's final decision. The office's final decision is deemed
				issued on the date it is mailed or the date of delivery if service is by other
				means, unless another date is specified in the order.
(2) If a party does file a timely application
				for rehearing, a judicial review petition must be filed with the district court
				within 30 days after the application for rehearing is denied or deemed denied.
				An application for rehearing is denied or deemed denied as provided in subrule
				6.30(5).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in Iowa Code section
				  8B.1 shall apply to
				  this chapter. In addition, for purposes of this chapter, the following
				  definitions shall also apply:
"Chief information officer"
or
"CIO"
means the state chief information officer or the CIO's
				  designee.
"Competitive selection documents"
means the
				  same as defined in rule 129-10.2 (8B).
"Information technology waiver"
means the
				  same as defined in rule 129-8.1 (8B).
"Office"
or
"OCIO"
means
				  the office of the chief information officer authorized by Iowa Code chapter
				  8B.
"Person"
means an individual, corporation,
				  limited liability company, government or governmental subdivision or agency,
				  business trust, estate, trust, partnership or association, vendor, or any legal
				  entity.
"Waiver or variance"
means, as applied to an
				  identified person on the basis of the particular circumstances of that person,
				  any action by the office that suspends in whole or in part the requirements or
				  provisions of a rule of the office. For simplicity, the term "waiver" shall
				  include both a "waiver" and a "variance."
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.2 - Scope of Chapter and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				  uniform process for the granting of individual waivers from rules adopted by
				  the office in situations where no other more specifically applicable law
				  provides for waivers. Generally, the office may grant a waiver from a rule only
				  if the office has jurisdiction over the rule from which a waiver is requested
				  or has final decision-making authority over a contested case in which a waiver
				  is requested and the requested waiver is consistent with applicable statutes,
				  constitutional provisions, or other provisions of law. Except to the extent
				  authorized and not otherwise prohibited by applicable law, the office may not
				  waive requirements created or duties imposed by statute. Any waiver must be
				  consistent with statute.
Notwithstanding the foregoing, to the extent another more
				  specific provision of law governs the issuance of a waiver from a particular
				  rule, the more specific provision shall supersede this chapter with respect to
				  any waiver from that rule. For example:
(1) Iowa Code section
				8B.21(5)
				 and 129-Chapter 8 govern information
				technology waivers requested by a participating agency from the requirements of
				Iowa Code chapter 8B, rules adopted by the office, and information technology
				standards and policies prescribed by the office concerning the acquisition,
				utilization, or provision of information technology.
(2) Additionally, this chapter does not
				govern the waiver of the stated terms, conditions, or requirements in a
				procurement of information technology. The standards and processes for the
				granting of waivers from the stated terms, conditions, or requirements in a
				procurement of information technology shall be as stated in the competitive
				selection documents or other applicable solicitation documents initiating the
				procurement.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.3 - Granting a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				  129-7.5(8B,17A), the CIO may, in the CIO's sole discretion, issue an order
				  waiving, in whole or in part, the requirements of a rule pursuant to subrule
				  7.3(1).
(1)
Criteria for
				waiver.
a. The CIO may grant a
				waiver if the CIO finds, based on clear and convincing evidence, each of the
				following:
(1) The application of the rule
				would pose an undue hardship on the person for whom the waiver is
				requested.
(2) The waiver from the
				requirements of the rule in the specific case would not prejudice the
				substantial legal rights of any person.
(3) The provisions of the rule subject to the
				petition for a waiver are not specifically mandated by statute or another
				provision of law.
(4) Equal
				protection of public health, safety, and welfare and information security will
				be substantially afforded by a means other than that prescribed in the
				particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.4 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file with the office a petition requesting a
				  waiver, in whole or in part, of a rule of the office on the ground that the
				  application of the rule to the particular circumstances of that person would
				  qualify for a waiver.
(1)
General.
A petition for a waiver must be submitted in writing
				to the office of the chief information officer at the office's primary
				headquarters at the address identified in rule
				129-1.2 (8B,17A). Requests for
				waiver may be delivered, mailed, or sent by electronic means reasonably
				calculated to reach the intended recipient.
(2)
Special requirement for contested
				cases or appeals.
If the petition relates to a pending appeal or
				contested case, the petition shall use the caption of the appeal or contested
				case, and in addition to being submitted to the office as required by subrule
				7.4(1), a copy shall also be filed in the appeal or contested case
				proceeding.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.5 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				  where applicable and known to the requester:
1. The name, address, and telephone number of
				the person for whom a waiver is requested and the case number of any related
				pending appeal or contested case.
2. A description of and citation to the
				specific rule from which a waiver is requested.
3. The specific waiver requested, including
				the precise scope and duration, and any alternative means or other condition or
				modification proposed to achieve the purposes of the applicable rule.
4. The relevant facts the petitioner believes
				would justify a waiver under each of the four criteria described in subrule
				7.3(1). This statement shall include a signed statement from the petitioner
				attesting to the accuracy of the facts provided in the petition and a statement
				of reasons that the petitioner believes the relevant facts will justify a
				waiver.
5. A history of any prior
				contacts between the office and the petitioner relating to the activity that is
				the subject of the requested waiver, including but not limited to a list or
				description of prior notices, investigative reports, advice, negotiations,
				consultations or conferences, a description of contested case hearings relating
				to the activity within the past five years, and penalties relating to the
				proposed waiver.
6. Any information
				known to the requester regarding the office's treatment of similar
				cases.
7. The name, address, and
				telephone number of any public agency or political subdivision which also
				regulates the activity in question or which might be affected by the granting
				of a waiver.
8. The name, address,
				and telephone number of any person or entity that would be adversely affected
				by the granting of a petition.
9.
				The name, address, and telephone number of any person with knowledge of the
				relevant facts relating to the proposed waiver.
10. Signed releases authorizing persons with
				knowledge regarding the request to furnish the office with information relevant
				to the waiver.