reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 599 - Propane Education and Research Council, Iowa › Chapter 1 - Iowa Propane Education and Research Council › Rule 599-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, unless the context otherwise requires:
"Council"
means the Iowa propane education and research council established pursuant to Iowa Code Supplement section 101C.3.
"Education"
means any activity designed to provide consumers and members of the propane industry information regarding propane, propane equipment, mechanical and technical practices, and uses of propane.
"Energy star certification "
means meeting energy efficiency standards and guidelines pursuant to the Energy Star Program developed and jointly administered by the United States Environmental Protection Agency and United States Department of Energy.
"Fire marshal"
means the state fire marshal as provided in Iowa Code section 100.1.
"Odorized propane "
means propane to which an odorant has been added.
"Propane "
means a hydrocarbon with a chemical composition that is predominately C3H8, whether recovered from natural gas or crude oil, and includes liquefied petroleum gases and mixtures.
"Propane industry"
means those persons involved in the production, transportation, and sale of propane, and in the manufacture and distribution of propane utilization equipment.
"Propane industry trade association"
means an organization exempt from tax under Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code that represents the propane industry.
"Qualified propane industry organization "
means the Iowa Propane Gas Association or any other similarly constituted industry trade association that represents at least 35 percent of the total volume of odorized propane sold at retail in this state.
"Research "
means any type of study, investigation, program, or other activity designed to advance the image, desirability, usage, marketability, efficiency, or safety of propane or to further the development of information related to such activities.
"Retail propane dispenser "
means a person who sells odorized propane to the ultimate consumer but is not engaged primarily in the business of such sales.
"Retail propane marketer"
means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to a retail propane dispenser
"Weatherization "
means activities designed to promote or enhance energy efficiency in a residence or other building including but not limited to the installation of attic, wall, foundation, crawlspace, water heater, and pipe insulation; air sealing including caulking and weather-stripping of windows and doors; installation of windows and doors that qualify for energy star certification; the performance of home energy audits; programmable thermostat installation; and carbon monoxide and radon inspection and detection system installation.
Iowa Administrative Code › Agency 599 - Propane Education and Research Council, Iowa › Chapter 1 - Iowa Propane Education and Research Council › Rule 599-1.2 - Organization and Operation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  The council shall consist of ten voting members appointed by the fire marshal, nine of whom represent retail propane marketers and one of whom shall be the administrator of the division of community action agencies of the department of human rights. Qualified propane industry organizations shall together nominate all members of the council other than the administrator A vacancy in the unfinished term of a council member shall be filled for the remainder of the term in the same manner as the original appointment was made.
(2)  Other than the administrator, council members shall be full-time employees or owners of a propane industry business or representatives of an agricultural cooperative actively engaged in the propane industry. An employee of a qualified propane industry organization shall not serve as a member of the council. An officer of the board of directors of a qualified propane industry organization or propane industry trade association shall not serve concurrently as a member of the council.
(3)  In nominating members of the council, qualified propane industry organizations shall give due consideration to nominating council members who are representative of the propane industry, including representation of all of the following:
a. Interstate and intrastate retail propane marketers.
b. Large and small retail propane marketers, including agricultural cooperatives.
c. Diverse geographic regions of the state.
Iowa Administrative Code › Agency 599 - Propane Education and Research Council, Iowa › Chapter 1 - Iowa Propane Education and Research Council › Rule 599-1.3 - Program and Project Development and Implementation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  The council shall develop programs and projects, including programs to enhance consumer and employee safety and training, and enter into agreements for administering such programs and projects as provided in this chapter; provide for research and development of clean and efficient propane utilization equipment; inform and educate the public about safety and other issues associated with the use of propane; and develop programs and projects that provide assistance to persons who are eligible for the low-income home energy assistance program.
(2) The council may develop energy efficiency programs dedicated to weatherization, acquisition and installation of energy-efficient customer appliances that qualify for energy star certification, installation of low-flow faucets and showerheads, and energy efficiency education. The council may by rule establish quality standards in relation to weatherization and appliance installation.
(3) The programs and projects shall be developed to attain equitable geographic distribution of their benefits to the fullest extent practicable. The council shall coordinate its programs and projects with propane industry trade associations and others as the council deems appropriate to provide efficient delivery of services and to avoid unnecessary duplication of activities. The council shall give priority to the development of programs and projects related to research and development, safety, education, and training.
(4) At the beginning of each fiscal year, the council shall prepare a budget plan for the next fiscal year, including the probable cost of all programs, projects, and contracts to be undertaken. The council shall submit the proposed budget to the fire marshal for review and comment. The fire marshal may recommend appropriate programs, projects, and activities to be undertaken by the council.
(5) The council shall also perform the functions required of a state organization under the federal Propane Education and Research Act of 1996, be the repository of funds received under that Act, and separately account for those funds. The council shall coordinate the operation of the program with the federal council as contemplated by  15 U.S.C. Section 6405. These rules shall be administered and construed as complementary to the federal Propane Education and Research Act of 1996,  15 U.S.C. Section 6401  et seq. These rules shall not be construed to preempt or supersede any other program relating to propane education and research organized and operated under the laws of this state.
Iowa Administrative Code › Agency 599 - Propane Education and Research Council, Iowa › Chapter 1 - Iowa Propane Education and Research Council › Rule 599-1.4 - Records, Audits and Public Access to Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  The council shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the council which are public records open to public inspection. The books and records shall indicate the geographic areas where benefits were conferred by each individual program or project in detail sufficient to reflect the degree to which each program or project attained equitable geographic distribution of its benefits. The books of the council shall be audited by a certified public accountant at least once each fiscal year and at such other times as the council may designate. The cost of the audit shall be paid by the council. Copies of the audit shall be provided to all council members, to all qualified propane industry organizations, and to other members of the propane industry upon request. In addition, a copy of the audit and a report detailing the programs and projects conducted by the council and containing information reflecting the degree to which equitable geographic distribution of the benefits of each program or project was attained shall be submitted each fiscal year to the chief clerk of the house of representatives and the secretary of the senate.
(2)  The council shall prepare and submit an annual report to the fire marshal and the auditor of state summarizing the activities of the council conducted pursuant to this chapter. The report shall show all income, expenses, and other relevant information concerning assessments collected and expended under these rules. The report shall also include a summary of energy efficiency programs if developed by the council.
(3)  The council is subject to the open meeting requirements of Iowa Code chapter 21.
Iowa Administrative Code › Agency 599 - Propane Education and Research Council, Iowa › Chapter 1 - Iowa Propane Education and Research Council › Rule 599-1.5 - Funding, Assessments Collection and Investment Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  The council and its activities shall be funded by an annual assessment of one-tenth of one cent on each gallon of odorized propane sold.
(2)  The owner of odorized propane at the time of odorization or at the time of import shall calculate the amount of the assessment based on the volume of odorized propane sold for use in this state.
(3)  The assessment, when made, shall be listed as a separate line item on the bill of sale for the odorized propane and titled "Iowa propane education and research assessment."
(4)  Assessments shall be collected by the owner from purchasers of the odorized propane and shall be paid by the owner to the council on a monthly basis by the twenty-fifth day of the month following the month the assessment was collected.
(5) If payment is not made to the council by the due date as required by this subrule, an interest penalty of 1 percent of any amount unpaid shall be imposed against the owner for each month or fraction of a month after the due date, until final payment is made.
(6)  Assessments shall be remitted payable to the Iowa Propane Education and Research Council at P.O. Box 57188, Des Moines, Iowa 50317. A completed form for remission, provided by the council upon request, shall accompany the remittance.
(7) Pending the disbursement of assessments collected, the council shall invest moneys collected through assessments and any other moneys received by the council in any of the following:
a. Obligations of the United States or any agency of the United States.
b. General obligations of any state or political subdivision of any state.
c. Any interest-bearing account or certificate of deposit of a bank that is a member of the federal reserve system.
d. Obligations that are fully guaranteed as to principal and interest by the United States.
Iowa Administrative Code › Agency 599 - Propane Education and Research Council, Iowa › Chapter 1 - Iowa Propane Education and Research Council › Rule 599-1.6 - Termination of the Council

Current through Register Vol. 47, No. 3, July 24, 2024
On the council's own initiative or on petition to the council by retail propane marketers representing 35 percent of the volume of odorized propane sold in this state, the council shall, at its own expense, arrange for a referendum to be conducted by an independent auditing firm agreed upon by the retail propane marketers, to determine whether the council should be terminated or suspended. Voting rights in the referendum shall be based on the volume of odorized propane sold in this state by each retail propane marketer during the previous calendar year Each retail propane marketer voting in the referendum shall certify to the independent auditing firm the volume of odorized propane sold by that person as represented by that person's vote. Upon the approval of those retail propane marketers representing more than one-half of the total volume of odorized propane sold in this state, the council shall be terminated or suspended and the general assembly shall consider the repeal of this chapter during its next regular session.
Iowa Administrative Code › Agency 599 - Propane Education and Research Council, Iowa › Chapter 1 - Iowa Propane Education and Research Council › Rule 599-1.7 - Enforcement, Restricted Activities and Bonding

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  The district court is vested with the jurisdiction specifically to enforce this chapter and to prevent or restrain any person from violating this chapter. A successful action for compliance may also require payment by the defendant of the costs incurred by the council in bringing the action.
(2) Moneys collected by the council shall not be used in any manner for influencing legislation or elections, except that the council may recommend statutory changes that would further the purposes of these rules to the general assembly.
(3) In all cases, the price of propane shall be determined by market forces. Consistent with antitrust laws, the council shall not take any action regarding, and this chapter shall not be interpreted as establishing, an agreement to pass along to consumers the cost of the assessment provided for in Iowa Code Supplement section  101C.4.
(4) Any person occupying a position of trust under any provision of these rules shall provide a bond in an amount required by the council. The costs of obtaining the bond shall be paid out of council funds.
Iowa Administrative Code › Agency 599 - Propane Education and Research Council, Iowa › Chapter 1 - Iowa Propane Education and Research Council › Rule 599-1.9 - Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
A person who willfully violates the provisions of these rules or willfully renders or furnishes a false or fraudulent report, statement, or record required by the fire marshal pursuant to this chapter is guilty of a simple misdemeanor
These rules are intended to implement Iowa Code Supplement chapter 101C.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 1 - Organization › Rule 605-1.1 - Description

Current through Register Vol. 47, No. 3, July 24, 2024
The homeland security and emergency management department is
				created in Iowa Code chapter 29C. The homeland security and emergency
				management department shall be under the management of a director appointed by
				the governor. The director shall be vested with the authority to administer
				homeland security and emergency management affairs in this state and shall be
				responsible for preparing and executing the homeland security and emergency
				management programs of this state subject to the direction of the governor. The
				director, upon the direction of the governor, shall: prepare a comprehensive
				plan and emergency management program for homeland security, disaster
				preparedness, response, mitigation, recovery, emergency operation, and
				emergency resource management of this state; make such studies and surveys of
				the industries, resources and facilities in this state as may be necessary to
				ascertain the capabilities of the state for disaster recovery, disaster
				planning and operations, and emergency resource management, and to plan for the
				most efficient emergency use thereof; provide technical assistance to any local
				emergency management commission or joint commission requiring such assistance
				in the development of an emergency management program; and implement planning
				and training for emergency response teams as mandated by the federal government
				under the Comprehensive Environmental Response, Compensation, and Liability Act
				of 1980 as amended by the Superfund Amendments and Reauthorization Act of 1986
				42 U.S.C. § 9601 et seq. The director, with the approval of the governor,
				may employ a deputy administrator and such technical, clerical, stenographic
				and other personnel and make such expenditures within the appropriation or from
				other funds made available to the department for purposes of homeland security
				and emergency management, as may be necessary to administer the purposes of
				Iowa Code chapters 29C, 30, and 34A.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 1 - Organization › Rule 605-1.3 - Facilitating Business Rapid Response to State-declared Disasters

Current through Register Vol. 47, No. 3, July 24, 2024
The implementation of business rapid response to state-declared
				disasters is addressed in the rules of the Iowa secretary of state in
				721-Chapter 12 and the Iowa department of revenue in 701-Chapter
				242.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 2 - Petitions for Rule Making › Rule 605-2.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person or agency may file a petition for rule making with
				the department at the Homeland Security and Emergency Management Department,
				7900 Hickman Road, Suite 500, Windsor Heights, Iowa 50324. A petition is deemed
				filed when it is received by that office. The department must provide the
				petitioner with a file-stamped copy of the petition if the petitioner provides
				the department an extra copy for this purpose. The petition must be typewritten
				or legibly handwritten in ink and must substantially conform to the following
				form:
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				view Image
The petition must provide the following information:
1. A statement of the specific rule-making
			 action sought by the petitioner including the text or a summary of the contents
			 of the proposed rule or amendment to a rule and, if it is a petition to amend
			 or repeal a rule, a citation and the relevant language to the particular
			 portion or portions of the rule proposed to be amended or repealed.
2. A citation to any law deemed relevant to
			 the department's authority to take the action urged or to the desirability of
			 that action.
3. A brief summary of
			 the petitioner's arguments in support of the action urged in the
			 petition.
4. A brief summary of any
			 data supporting the action urged in the petition.
5. The names and addresses of other persons,
			 or a description of any class of persons, known by petitioner to be affected by
			 or interested in, the proposed action which is the subject of the
			 petition.
6. Any request by
			 petitioner for a meeting provided by rule 605-2.4(17A).
(1) The petition must be dated and signed by
			 the petitioner or the petitioner's representative. It must also include the
			 name, mailing address, and telephone number of the petitioner and petitioner's
			 representative, and a statement indicating the person to whom communications
			 concerning the petition should be directed.
(2) The homeland security and emergency
			 management department may deny a petition because it does not substantially
			 conform to the required form.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 2 - Petitions for Rule Making › Rule 605-2.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of
				the action urged in the petition. The homeland security and emergency
				management department may request a brief from the petitioner or from any other
				person concerning the substance of the petition.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 2 - Petitions for Rule Making › Rule 605-2.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				may be made to the Director, Homeland Security and Emergency Management
				Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa
				50324.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 2 - Petitions for Rule Making › Rule 605-2.4 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within 14 days
			 after the filing of a petition, the department must submit a copy of the
			 petition and any accompanying brief to the administrative rules coordinator and
			 to the administrative rules review committee. Upon request by petitioner in the
			 petition, the homeland security and emergency management department must
			 schedule a brief and informal meeting between the petitioner and the
			 department, a member of the department, or a member of the staff of the
			 department to discuss the petition. The homeland security and emergency
			 management department may request the petitioner to submit additional
			 information or argument concerning the petition. The department may also
			 solicit comments from any person on the substance of the petition. Also,
			 comments on the substance of the petition may be submitted to the homeland
			 security and emergency management department by any person.
(2) Within 60 days after the filing of the
			 petition, or within any longer period agreed to by the petitioner, the homeland
			 security and emergency management department must, in writing, deny the
			 petition and notify petitioner of its action and the specific grounds for the
			 denial, or grant the petition and notify petitioner that it has instituted
			 rule-making proceedings on the subject of the petition. Petitioner shall be
			 deemed notified of the denial or grant of the petition on the date when the
			 department mails or delivers the required notification to petitioner.
(3) Denial of a petition because
			 it does not substantially conform to the required form does not preclude the
			 filing of a new petition on the same subject that seeks to eliminate the
			 grounds for the department's rejection of the petition.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the homeland security and
				emergency management department for a declaratory order as to the applicability
				to specified circumstances of a statute, rule, or order within the primary
				jurisdiction of the department at Homeland Security and Emergency Management
				Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa 50324. A
				petition is deemed filed when it is received by that office. The department
				shall provide the petitioner with a file-stamped copy of the petition if the
				petitioner provides the department an extra copy for this purpose. The petition
				must be typewritten or legibly handwritten in ink and must substantially
				conform to the following form:
Click here to
				view Image
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by 3.7(17A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the homeland security and emergency management department shall give
				notice of the petition to all persons not served by the petitioner pursuant to
				605-36.
				(17A) to whom notice is required by any provision of law. The department may
				also give notice to any other persons.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
			 qualify under any applicable provision of law as an intervenor and who file a
			 petition for intervention within 20 days of the filing of a petition for
			 declaratory order shall be allowed to intervene in a proceeding for a
			 declaratory order.
(2) Any person
			 who files a petition for intervention at any time prior to the issuance of an
			 order may be allowed to intervene in a proceeding for a declaratory order at
			 the discretion of the homeland security and emergency management
			 department.
(3) A petition for
			 intervention shall be filed at the Homeland Security and Emergency Management
			 Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa 50324. Such a
			 petition is deemed filed when it is received by that office. The department
			 will provide the petitioner with a file-stamped copy of the petition for
			 intervention if the petitioner provides an extra copy for this purpose. A
			 petition for intervention must be typewritten or legibly handwritten in ink and
			 must substantially conform to the following form:
Click here to
				view Image
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervener's standing and qualifications for intervention.
2.The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervener's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervener's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervener's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervener's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The homeland security and emergency management department
				may request a brief from the petitioner, any intervenor, or any other person
				concerning the questions raised.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the Director, Homeland Security and Emergency
				Management Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa
				50324.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
Filing
-
when required.
All petitions for
			 declaratory orders, petitions for intervention, briefs, or other papers in a
			 proceeding for a declaratory order shall be filed with the Homeland Security
			 and Emergency Management Department, 7900 Hickman Road, Suite 500, Windsor
			 Heights, Iowa 50324. All petitions, briefs, or other papers that are required
			 to be served upon a party shall be filed simultaneously with the
			 department.
(3)
Method of
			 service, time of filing, and proof of mailing.
Method of service, time
			 of filing, and proof of mailing shall be as provided by rule
			 605-612.
			 (17A).
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the homeland security and emergency
				management department must schedule a brief and informal meeting between the
				original petitioner, all intervenors, and the department, a member of the
				department, or a member of the staff of the department, to discuss the
				questions raised. The department may solicit comments from any person on the
				questions raised. Also, comments on the questions raised may be submitted to
				the department by any person.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within the time allowed by Iowa Code section
			 17A9(5).,
			 after receipt of a petition for a declaratory order, the director or designee
			 shall take action on the petition as required by Iowa Code section
			 17A9(5)..
(2) The date of issuance of an order or of a
			 refusal to issue an order is as defined in rule
			 605-62.
			 (17A).
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 homeland security and emergency management department shall not issue a
			 declaratory order where prohibited by Iowa Code section
			 17A9(1). and
			 may refuse to issue a declaratory order on some or all questions raised for the
			 following reasons:
1. The petition does not
			 substantially comply with the required form.
2. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the failure of the department to issue an order.
3. The department does not have jurisdiction
			 over the questions presented in the petition.
4. The questions presented by the petition
			 are also presented in a current rule making, contested case, or other agency or
			 judicial proceeding, that may definitively resolve them.
5. The questions presented by the petition
			 would more properly be resolved in a different type of proceeding or by another
			 body with jurisdiction over the matter.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge a department decision already
			 made.
9. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner.
10. The petitioner
			 requests the homeland security and emergency management department to determine
			 whether a statute is unconstitutional on its face.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its
				conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 3 - Declaratory Orders › Rule 605-3.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the
				homeland security and emergency management department, the petitioner, and any
				intervenors and is applicable only in circumstances where the relevant facts
				and the law involved are indistinguishable from those on which the order was
				based. As to all other persons, a declaratory order serves only as precedent
				and is not binding on the homeland security and emergency management
				department. The issuance of a declaratory order constitutes final agency action
				on the petition.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 4 - Agency Procedure for Rule Making › Rule 605-4.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The homeland security and emergency management department
				hereby adopts the agency procedure for rule making segment of the Uniform Rules
				on Agency Procedure, which are found on the general assembly's Web site
				at
https://www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf
and which are printed in the first volume of the Iowa Administrative Code, with
				the following amendments:
1. In lieu
			 of the words "(commission, board, council, director)" insert
			 "director".
2. In lieu of the words
			 "(specify time period)" insert "one year".
3. In lieu of the words "(identify office and
			 address)" insert "Director, Homeland Security and Emergency Management
			 Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa
			 50324".
4. In lieu of the words
			 "(designate office and telephone number)" insert "the director at
			 (515)725-3231"
5. In lieu of the
			 words "(designate office)" insert "Homeland Security and Emergency Management
			 Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa
			 50324".
6. In lieu of the words
			 "(specify the office and address)" insert "Homeland Security and Emergency
			 Management Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa
			 50324".
7. In lieu of the words
			 "(agency head)" insert "director".
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 5 - Fair Information Practices › Rule 605-5.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The homeland security and emergency management department
				hereby adopts the fair information practices segment of the Uniform Rules on
				Agency Procedure, which are found on the general assembly's Web site at
https://www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf
and which are printed in the first volume of the Iowa Administrative Code, with
				the following amendments:
1. In lieu
			 of the words "(official or body issuing these rules)" insert "Homeland Security
			 and Emergency Management Department".
2. In lieu of the words "(insert agency
			 head)" insert "director".
3. In
			 lieu of the words "(insert agency name and address)" insert "Homeland Security
			 and Emergency Management Department, 7900 Hickman Road, Suite 500, Windsor
			 Heights, Iowa 50324".
4. In lieu of
			 the words "(insert customary office hours and, if agency does not have
			 customary office hours of at least thirty hours per week, insert hours
			 specified in Iowa Code section
			 224.)"
			 insert the words "at any time from 9 a.m. to 12 noon and from 1 to 4 p.m.,
			 Monday through Friday, excluding legal holidays, unless the person exercising
			 such right and the lawful custodian agree on a different time".
5. In lieu of the words "(specify time
			 period)" insert the words "30 minutes".
6. In lieu of the words "(designate office)"
			 insert the words "Homeland Security and Emergency Management Department, 7900
			 Hickman Road, Suite 500, Windsor Heights, Iowa 50324".
7. Delete the words "(and, where applicable,
			 the time period during which the record may be disclosed)".
8. Delete the words "(Additional requirements
			 may be necessary for special classes of records.)".
9. Insert at the end of rule 605-5.7 (17A,22)
			 the following new sentence: "For federal records maintained by the homeland
			 security and emergency management department, a subject will provide a Privacy
			 Act release in accordance with the requirements of Title 5 United States Code,
			 Section 552, in writing, and signed by the subject of the record."
10. Delete the words "(Each agency should
			 revise its forms to provide this information.)".
11. Insert at the end of rule 605-5.8
			 (17A,22) the following new sentence: "For federal records and forms, the United
			 States government's determination of routine use and the consequences of
			 failure to provide required or optional information as requested shall be
			 provided to the supplier of the information."
12. Insert the following new rule:
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 5 - Fair Information Practices › Rule 605-5.9 - Federal Records

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				229.,
				the department finds that maintenance, use, or disclosure of federal records
				described in this rule, except as allowed by federal law and regulation, would
				result in denial of United States government funds, services and essential
				information that would otherwise definitely be available and that have been
				available to the department in the past. The department has authority to enter
				into agreements and contracts to obtain funds pursuant to Iowa Code chapter
				29C. The department makes such agreements and contracts with the Federal
				Emergency Management Agency (FEMA) under the authority of Public Law 93-288
				(the Robert T. Stafford Disaster Relief and Emergency Assistance Act) and an
				Emergency Management Performance Grant Agreement which specify categories of
				records and information that must be kept confidential. In addition,
				44
				CFR 571. specifies categories of records that
				are exempt from disclosure under
				5
				U.S.C. 552. These records include those
				containing personally identifiable information concerning applicants to
				individual assistance and mitigation assistance programs that are administered
				by the state under a presidentially declared disaster. Nuclear Regulatory
				Commission Title
				10
				CFR 7321. relates to the physical protection
				of nuclear power plants and materials. This regulation requires that certain
				information contained in plans and documents on file with the department be
				kept confidential and include information concerning the physical protection at
				fixed sites; physical protection in transit; inspections, audits and
				evaluations; and correspondence insofar as it contains safeguards
				information.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A2(5). and includes
				any matter defined as a no factual dispute contested case under Iowa Code
				section
				17A10A..
"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 director of the
				homeland security and emergency management department or the director's
				designee.
"Proposed decision"
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the administrator did not
				preside.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Time shall be computed as provided in Iowa Code subsection
			 41(34)..
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute
			 or by rule. 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 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.4 - 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 agency action in
				question.
The request for a contested case proceeding should state the
				name and address of the requester, identify the specific agency action which is
				disputed, and where the requester is represented by a lawyer identify the
				provisions of law or precedent requiring or authorizing the holding of a
				contested case proceeding in the particular circumstances involved, and include
				a short and plain statement of the issues of material fact in
				dispute.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.5 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
			 commencement of the contested case proceeding. Delivery may be executed by:
a. Personal service as provided in the Iowa
			 Rules of Civil Procedure; or
b.
			 Certified mail, return receipt requested; or
c. First-class mail; or
d. Publication, as provided in the Iowa Rules
			 of Civil Procedure.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party who wishes to request that the presiding officer assigned to render a
			 proposed decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within 20 days after
			 service of a notice of hearing which identifies or describes the presiding
			 officer as the agency head or members of the agency.
(2) The agency may deny the request only upon
			 a finding that one or more of the following apply:
a. Neither the agency nor any officer of the
			 agency under whose authority the contested case is to take place is a named
			 party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. 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 interagency appeal.
fThe request was not timely
			 filed.
g. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.7 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter. However, the agency in
				its discretion may refuse to give effect to such a waiver when it deems the
				waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 6 - Contested Cases › Rule 605-6.8 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference in which all parties have an opportunity to
				participate. Other telephone proceedings may be held with the consent of all
				parties. The presiding officer will determine the location of the parties and
				witnesses for telephone hearings. The convenience of the witnesses or parties,
				as well as the nature of the case, will be considered when location is
				chosen.