reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.30 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity 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 681 - Regents Board › Chapter 20 - Contested Cases › Rule 681-20.31 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare and, consistent with the Constitution
			 and other provisions of law, the board of regents may issue a written order in
			 compliance with Iowa Code section
			 17A.18 to suspend a
			 license in whole or in part, order the cessation of any continuing activity,
			 order affirmative action, or take other action within the jurisdiction of the
			 board of regents by emergency adjudicative order. Before issuing an emergency
			 adjudicative order the board of regents shall consider factors including, but
			 not limited to, the following:
a. Whether
			 there has been a sufficient factual investigation to ensure that the board of
			 regents 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 board of regents is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 1 - Purpose of the Agency › Rule 685-1.2 - Divisions

Current through Register Vol. 47, No. 3, July 24, 2024
OSA is divided into five divisions: General services, research,
				contract services, field services and publication.
(1) The state archaeologist carries the
			 overall responsibility of OSA and for all activities developed from or
			 associated with OSA. The state archaeologist shall be the director of the
			 office.
(2) The associate director
			 is responsible for administration of the office and maintenance of the state
			 repository and documents collection, has functional supervision over the staff,
			 acts in the absence of the director, and contributes to production of
			 scientific reports and articles pursuant to Iowa Code section
			 263B.2 in coordination
			 with the specific requests of the director and submission of reports and
			 articles to the director according to a specific annual timetable developed by
			 the director.
(3) The research
			 archaeologist has the responsibility, in part, for producing scientific reports
			 and articles pursuant to Iowa Code section
			 263B.2 in coordination
			 with the specific requests of the director and submitting reports and articles
			 to the director according to a specific annual timetable developed by the
			 director.
(4) Contract
			 archaeologists working on OSA projects are considered to be members of the OSA
			 staff. They have the responsibility for meeting the terms of contracts in which
			 they are engaged. Reports prepared for each project undertaken are subject to
			 professional guidelines, federal statutes and the director's
			 approval.
(5) Publication and field
			 services are handled by the staff as assigned. This rule is intended to
			 implement Iowa Code sections
			 263B.2 and
			 263B.5.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 1 - Purpose of the Agency › Rule 685-1.3 - Further Information

Current through Register Vol. 47, No. 3, July 24, 2024
The general public may obtain information concerning the
				function and operation of OSA either in writing or by telephone to Director,
				OSA, 700 S. Clinton Street Building, The University of Iowa, Iowa City, Iowa
				52242; (319)384-0751.
This rule is intended to implement Iowa Code section
				17A.3.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 2 - Procedures for Petitioning for Adoption of New Rules › Rule 685-2.1 - Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Petitions
			 requesting the promulgation, amendment, waiver, or repeal of a rule shall be
			 made to the director in writing and include the following information:
a. Name, address, and telephone number of
			 petitioner
b. The text of the rule
			 as is and as proposed.
c. A concise
			 statement of the reasons for the adoption, amendment, waiver, or repeal of the
			 rule.
d. The statutes, rules, or
			 orders applicable to the question presented in the petition.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 2 - Procedures for Petitioning for Adoption of New Rules › Rule 685-2.2 - Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For the
			 purposes of this rule, the term "waiver" means action by the state
			 archaeologist that suspends in whole or in part the requirements or provisions
			 of a rule as applied to an identified person on the basis of the particular
			 circumstances of the person.
(2)
			 The state archaeologist may grant a waiver from a rule only if OSA has
			 jurisdiction over the rule and the requested waiver is consistent with
			 applicable statutes and Constitutional provisions or other provisions of law.
			 OSA may not waive requirements created or imposed by statute, by the state or
			 federal Constitution, or by another provision of law.
(3) In response to a petition completed
			 pursuant to rule
			 685-2.1 (17A), OSA may
			 in its sole discretion issue an order waiving in whole or in part the
			 requirements of a rule if OSA, based on clear and convincing evidence, finds
			 all of the following:
a. The application of
			 the rule would impose an undue hardship on the person for whom the waiver is
			 requested;
b. The waiver from the
			 requirements of the rule in the specific case would not prejudice the
			 substantial legal rights of any person;
c. The provisions of the rule subject to the
			 petition for a waiver are not specifically mandated by statute or another
			 provision of law; and
d.
			 Substantially equal protection of public health, safety and welfare will be
			 afforded by a means other than that prescribed in the particular rule for which
			 the waiver is requested.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 3 - Declaratory Rulings Procedures › Rule 685-3.1 - Providing Declaratory Rulings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Petitions for declaratory rulings are
			 made to the director of the agency in writing. Each petition shall describe the
			 facts or circumstances giving rise to the request for a ruling, shall contain
			 the text or a citation to the statute, rule, statement of law or policy,
			 decision or order to which the petition relates, and shall specify the action
			 requested. The OSA may request additional information if needed.
(2) Within 30 days after submission of a
			 petition the director issues in writing a declaratory ruling on the rule in
			 question, except in cases where the request is outside of the scope of OSA
			 authority.
This rule is intended to implement Iowa Code section
				17A.9.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.1 - Informal Settlements

Current through Register Vol. 47, No. 3, July 24, 2024
Informal settlements of controversies over rules of OSA that
				may culminate in contested case proceedings, are encouraged.
(1) All such informal settlements or waivers
			 shall be made by the director when possible and by the parties contesting the
			 rule in question.
(2) Both parties
			 to a contested case proceeding may, by written stipulation representing an
			 informed mutual consent, waive any provision of Iowa Code chapter 17A relating
			 to proceedings on contested cases when the following rules are followed:
a. All waivers for settling a controversy
			 over a rule of OSA are made by and between the director and by a representative
			 of the party contesting the rule.
b. All such waiver action can be initiated by
			 either the director or by the representative of the party contesting the rule
			 in question.
c. If the rule, order
			 or regulation over which the controversy was raised, is amended, or repealed as
			 mutually agreed upon by the director and a representative of the party
			 contesting the rule, the procedures of rule adoption pursuant to Iowa Code
			 section
			 17A.4
			 are followed.
This rule is intended to implement Iowa Code section
				17A.10.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5)
				 and includes any matter defined as a no
				factual dispute contested case under Iowa Code section
				17A.10A.
"Issuance "
means the date of mailing 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 state
				archaeologist, the designee of the state archaeologist or, under certain
				circumstances, the administrative law judge.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the state archaeologist did not
				preside.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.4 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Time shall be computed as provided in Iowa Code section
			 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 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.5 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
Any person claiming an entitlement to a contested case
				proceeding shall file a written request for such a proceeding within the time
				specified by the particular rules or statutes governing the subject matter or,
				in the absence of such law, the time specified in the OSA action in question.
				The request for a contested case proceeding should state the name and address
				of the requester, identify the specific OSA 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 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.6 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing by OSA 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 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.7 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party who wishes to request that the presiding officer assigned to render a
			 proposed decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within 20 days after
			 service of a notice of hearing which identifies or describes the presiding
			 officer as the state archaeologist or the designee of the state
			 archaeologist.
(2) The state
			 archaeologist may deny the request only upon a finding that one or more of the
			 following apply:
a. There is a compelling need
			 to expedite issuance of a final decision in order to protect the public health,
			 safety, or welfare.
b. An
			 administrative law judge is unavailable to hear the case within a reasonable
			 time.
c. The case involves
			 significant policy issues of first impression that are inextricably intertwined
			 with the factual issues presented.
d. The demeanor of the witnesses is likely to
			 be dispositive in resolving the disputed factual issues.
e. Funds are unavailable to pay the costs of
			 an administrative law judge and an interdivision appeal.
f. The request was not timely
			 filed.
g. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.8 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter. However, OSA 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 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.9 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference in which all parties have an opportunity to
				participate. Other telephone proceedings may be held with the consent of all
				parties. The presiding officer will determine the location of the parties and
				witnesses for telephone hearings. The convenience of the witnesses or parties,
				as well as the nature of the case, will be considered when location is
				chosen.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.10 - 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 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.11 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where (a) the
			 matters at issue involve common parties or common questions of fact or law; (b)
			 consolidation would expedite and simplify consideration of the issues involved;
			 and (c) consolidation would not adversely affect the rights of any of the
			 parties to those proceedings.
(2)
Severance.
The presiding officer may, for good cause shown,
			 order any contested case proceedings or portions thereof severed.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.12 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petition.
A petition in a contested case proceeding shall
			 state in separately numbered paragraphs the following:
a. The persons or entities on whose behalf
			 the petition is filed;
b. The
			 particular provisions of statutes and rules involved;
c. The relief demanded and the facts and law
			 relied upon for such relief; and
d.
			 The name, address and telephone number of the petitioner and the petitioner's
			 attorney, if any.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.13 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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 OSA,
			 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 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) After the notice of hearing, all
			 pleadings, motions, documents or other papers in a contested case proceeding
			 shall be filed with the Office of the State Archaeologist, 700 South Clinton
			 Street Building, University of Iowa, Iowa City, Iowa 52242-1030. All pleadings,
			 motions, documents or other papers that are required to be served upon a party
			 shall be filed simultaneously with OSA.
(4) Except where otherwise provided by law, a
			 document is deemed filed at the time it is delivered to OSA, 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 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 Office of the State Archaeologist, 700 South Clinton Street
				Building, University of Iowa, Iowa City, Iowa 52242-1030, 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 university
				mail).
(Date)
(Signature)
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.14 - 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 rule
			 685-4.4
			 (17A).
(3) The presiding officer
			 may rule on the basis of the written motion and any response or may order
			 argument on the motion.
(4)
			 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 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.15 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. An OSA 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 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.16 - 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 OSA 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 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 OSA or an order of the presiding
			 officer.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.17 - 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 presiding officer 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 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.18 - 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. OSA may waive notice of such requests for a
				particular case or an entire class of cases.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.20 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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) Motion for leave to
			 intervene shall be filed as early in the proceeding as possible to avoid
			 adverse impact on existing parties or the conduct of the proceeding. Unless
			 otherwise ordered, a motion for leave to intervene shall be filed before the
			 prehearing conference, if any, or at least 20 days before the date scheduled
			 for hearing. Any later motion must contain a statement of good cause for the
			 failure to file in a timely manner. Unless inequitable or unjust, an intervenor
			 shall be bound by any agreement, arrangement, or other matter previously raised
			 in the case. Requests by untimely intervenors for continuances which would
			 delay the proceeding will ordinarily be denied.
(3) The movant shall demonstrate that (a)
			 intervention would not unduly prolong the proceedings or otherwise prejudice
			 the rights of existing parties; (b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and (c) the interests of
			 the movant are not adequately represented by existing parties.
(4) If appropriate, the presiding officer may
			 order consolidation of the petitions and briefs of different parties whose
			 interests are aligned with each other and limit the number of representatives
			 allowed to participate actively in the proceedings. A person granted leave to
			 intervene is a party to the proceeding. The order granting intervention may
			 restrict the issues that may be raised by the intervenor or otherwise condition
			 the intervenor's participation in the proceeding.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.21 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer presides at the hearing and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or to be represented in all hearings or
			 prehearing conferences related to their case. Partnerships, corporations, or
			 associations may be represented by any member, officer, director, or duly
			 authorized agent. Any party may be represented by an attorney or another person
			 authorized by law.
(4) Subject to
			 terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings.
b. The parties shall be given an opportunity
			 to present opening statements.
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer
d. Each witness shall be
			 sworn or affirmed by the presiding officer or the court reporter and be subject
			 to examination and cross-examination. The presiding officer may limit
			 questioning in a manner consistent with law.
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.22 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues to which the parties received notice
			 prior to the hearing unless the parties waive their right to such notice or the
			 presiding officer determines that good cause justifies expansion of the issues.
			 If the presiding officer decides to admit evidence on issues outside the scope
			 of the notice over the objection of a party who did not have actual notice of
			 those issues, that party, upon timely request, shall receive a continuance
			 sufficient to amend pleadings and to prepare on the additional issue.
(4) The party seeking admission of an exhibit
			 must provide opposing parties with an opportinity to examine the exhibit prior
			 to the ruling on its admissibility. Copies of documents should normally be
			 provided to opposing parties. All exhibits admitted into evidence shall be
			 appropriately marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection shall be accompanied by a brief statement of the grounds upon
			 which it is based. The objection, the ruling on the objection, and the reasons
			 for the ruling shall be noted in the record. The presiding officer may rule on
			 the objection at the time it is made or may reserve a ruling until the written
			 decision.
(6) Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.23 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
			 fails to appear or participate in a contested case hearing after proper service
			 of notice, the presiding officer may, if no continuance is granted, enter a
			 default decision or proceed with the hearing and render a decision in the
			 absence of the party.
(2) Default
			 decisions or decisions rendered on the merits after a party has failed to
			 appear or participate in a contested case hearing become final agency action
			 unless, within 20 days after the mailing of the decision to the parties, a
			 motion to vacate pursuant to subrule 4.23(3) is filed and served on all parties
			 or, if the decision is a proposed decision within the meaning of Iowa Code
			 section
			 17A.15(2),
			 an appeal from the decision on the merits is filed within the time provided by
			 rule
			 685-4.28
			 (17A).
(3) A motion to vacate may
			 be filed only by a party who failed to appear for the hearing and against whom
			 the decision was rendered. The motion must state all facts relied upon by the
			 moving party which establish that good cause existed for that party's failure
			 to appear. Each fact so stated must be substantiated by at least one sworn
			 affidavit of a person with personal knowledge of each such fact, which
			 affidavit(s) must be attached to and filed and served with the
			 motion.
(4) Properly substantiated
			 and timely filed motions to vacate shall be granted only for good cause shown,
			 in accordance with Iowa Rule of Civil Procedure 1.977. The burden of proof as
			 to the existence of good cause is on the moving party. Adverse parties may,
			 within ten days of the service of the motion and supporting affidavit(s) upon
			 them, file a response to the motion. Adverse parties shall be allowed to
			 conduct discovery as to the issue of the existence of good cause and to present
			 evidence on the issue prior to a ruling on the motion, if a request to do so is
			 included in that party's response.
(5) The time for the filing of an
			 intra-agency appeal from or petition for review of a decision for which a
			 timely motion to vacate has been filed is stayed pending the issuance of the
			 presiding officer's ruling on the motion to vacate.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.25 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, OSA shall provide a copy of the whole or any
				portion of the record at cost. The cost of preparing a copy of the record or of
				transcribing the hearing record shall be paid by the requesting party. Parties
				who request that a hearing be recorded by certified shorthand reporters rather
				than by electronic means shall bear the cost of that recordation, unless
				otherwise provided by law.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.26 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the state
				archaeologist may review an interlocutory order of the presiding officer. In
				determining whether to do so, the state archaeologist shall weigh the extent to
				which its granting the interlocutory appeal would expedite final resolution of
				the case and the extent to which review of that interlocutory order by OSA at
				the time it reviews the proposed decision of the presiding officer would
				provide an adequate remedy. Any request for interlocutory review must be filed
				within 14 days of issuance of the challenged order but no later than the time
				for compliance with the order or the date of hearing, whichever is
				first.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.27 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 When the state archaeologist presides over the reception of evidence at the
			 hearing, the decision is a final decision.
(2) When the state archaeologist does not
			 preside at the reception of evidence, the presiding officer shall make a
			 proposed decision. The proposed decision becomes the final decision of OSA
			 without further proceedings unless there is an appeal to, or review on motion
			 of, the state archaeologist within the time provided in rule
			 685-4.28
			 (17A).
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.28 - 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 state archaeologist within 30 days after issuance of
			 the proposed decision.
(2)
Review.
The state archaeologist may initiate review of a
			 proposed decision on the state archaeologist's own motion at any time within 30
			 days following the issuance of such a decision.
(3)
Notice of appeal.
An
			 appeal of a proposed decision is initiated by filing a timely notice of appeal
			 with OSA. The notice of appeal must be signed by the appealing party or a
			 representative of that party and contain a certificate of service. The notice
			 shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.29 - 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 decision on the existing record and whether, on the basis of the
			 grounds enumerated in subrule 4.28(4), the applicant requests an opportunity to
			 submit additional evidence.
(3)
Time of filing.
The application shall be filed with OSA 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, OSA shall serve copies on all parties.
(5)
Disposition.
Any
			 application for a rehearing shall be deemed denied unless OSA grants the
			 application within 20 days after its filing.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.30 - Stays of Osa Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition OSA for a stay of an order issued
			 in that proceeding or for other temporary remedies, pending review by OSA. The
			 petition shall be filed with the notice of appeal and shall state the reasons
			 justifying a stay or other temporary remedy. The state archaeologist may rule
			 on the stay or authorize the presiding officer to do so.
b. Any party to a contested case proceeding
			 may petition OSA for a stay or other temporary remedies pending judicial review
			 of all or part of that proceeding. The petition shall state the reasons
			 justifying a stay or other temporary remedy.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 4 - Contested Cases › Rule 685-4.31 - 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 Iowa Rules of
				Civil Procedure and these administrative rules that govern such
				motions.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 5 - Procedures With Other State and Federal Agencies Concerning the Recovery and Salvage of Historical Objects › Rule 685-5.1 - Assumed Responsibility

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code chapter 263B, OSA assumes that any state
				agency has the responsibility of notifying OSA should any proposed action of
				said agency endanger or have the potential of endangering historical objects
				under its direct or indirect responsibility.
(1) OSA is the appropriate authority for
			 state and such federal agencies as are required by their agency rules to
			 contact regarding actions such agencies may take that have the potential of
			 affecting archaeological remains.
(2) OSA, acting in its capacity as the
			 state's principal agent in the coordination of archaeological matters, shall be
			 advised of such projects early in the planning process in order to facilitate
			 the conduct of any exploratory or salvage work as may be necessary.
(3) OSA is authorized to enter into
			 agreements and cooperative efforts with federal or states agencies concerned
			 with archaeological salvage or the preservation of antiquities.
This rule is intended to implement Iowa Code section
				263B.3.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 6 - Publications of the Office of State Archaeologist › Rule 685-6.1 - Publications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) OSA publishes
			 the following publications on a regular basis: Research Papers, Reports and
			 Contract Completion Reports. Educational Leaflets and OSA News are published
			 periodically.
(2)
			 Reserved.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 6 - Publications of the Office of State Archaeologist › Rule 685-6.2 - Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The following procedures and guidelines for submittal of
				manuscripts for each publication of OSA are defined below.
(1) The following rules apply for submission
			 and publication of manuscripts to the Reports series.
a. Any individual or organization may submit
			 manuscripts for review. Sample agreement forms are available on
			 request.
b. The editor is a staff
			 member of OSA and is appointed by the director
c. In addition, the director may appoint an
			 editorial committee to review submitted manuscripts. Selections for the Reports
			 series are made by the editor in concurrence with the director and the
			 editorial committee.
d. OSA prints
			 at least one number of the Reports series annually if appropriate manuscripts
			 and funding are available.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 7 - State Archaeological Repository › Rule 685-7.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
The state archaeological repository is a working collection of
				materials related to Iowa archaeology.
(1) Qualified individuals (see definition at
			 rule
			 685-14.2 (263B))
			 shall have access to the collections upon request, providing that necessary
			 staff is available. Users are requested to contact OSA in advance in order to
			 facilitate scheduling.
(2) Research
			 involving the use of materials in the state archaeological repository by
			 qualified individuals is encouraged by the OSA in recognition of the potential
			 contribution of such scholarly activities.
(3) The teaching collection is the artifact
			 collection in the repository developed by OSA to be used for instructional or
			 display purposes. These materials will be loaned upon written request to
			 individuals or institutions. The requester should state in a letter the nature
			 of the project and the time the materials will be needed. Loans do not exceed
			 one calendar year, unless other arrangements are made. Any materials not
			 returned or damaged will result in appropriate charges for replacement or
			 repair.
(4) OSA accepts donations
			 of artifacts or artifact collections in accordance with the fee schedule
			 published on the OSA Web site (also available in printed form by written
			 request) provided that explanatory materials, such as site sheets, site records
			 and all pertinent locational information, accompany collections. Donated
			 specimens are required to be washed and reasonably identified. OSA will not
			 determine the monetary value of artifacts.
(5) OSA is the agent to decide which category
			 donations fall into and which are accepted or rejected. OSA serves a similar
			 function for any other state agency wishing to donate artifacts or information
			 on sites. Donations will be accepted given the following categories listed in
			 order of decreasing priority.
a. In-state new
			 site.
b. In-state previously
			 reported site, new collections.
c.
			 Out of state-midwest or assemblages directly relevant to Iowa
			 archaeology.
d. North
			 America-general.
e.
			 Mesoamerica-general.
f. South
			 America-general.
g. Old
			 World-general.
Where applicable, specimens must be accompanied by
				documentation of their legal acquisition and exportation from the state or
				county of origin.
This rule is intended to implement Iowa Code section
				263B.2.
Iowa Administrative Code › Agency 685 - Archaeologist › Chapter 8 - Archaeological Document Collection › Rule 685-8.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
The archaeological document collection is part of the
				repository. It contains records of this agency, supporting notes and written
				information pertaining to the artifact collections in the repository as well as
				research materials on Iowa prehistory which are utilized on a regular basis by
				members of the staff The archaeological document collection is a working
				collection.
(1) Qualified individuals
			 (see definition at rule
			 685-14.2 (263B))
			 shall have access to the collections upon request, providing that necessary
			 staff is available. Users are requested to contact OSA in advance in order to
			 facilitate scheduling.
(2)
			 Donations of materials are accepted in accordance with the fee schedule
			 published on the OSA Web site (also available in printed form by written
			 request) in the following priority:
a. Iowa
			 archaeology.
b. Midwest
			 archaeology.
c. North American
			 archaeology.
d. Midwest and Plains
			 ethnography.
e. North American
			 ethnology.
This rule is intended to implement Iowa Code section
				263B.2.