reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.4 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall acknowledge a petition upon receipt. The
				commission shall ensure that, within 30 days of the receipt of the petition,
				notice of the pendency of the petition and a concise summary of its contents
				have been provided to all persons to whom notice is required by any provision
				of law. In addition, the commission may give notice to other persons. To
				accomplish this notice provision, the commission may require the petitioner to
				serve the notice on all persons to whom notice is required by any provision of
				law and provide a written statement to the commission attesting that notice has
				been provided.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.5 - Commission Responsibilities Regarding Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Additional information.
Prior to issuing an order granting or denying a waiver, the commission may
			 request additional information from the petitioner relative to the petition and
			 surrounding circumstances. If the petition was not filed in a contested case,
			 the commission may, on its own motion or at the petitioner's request, schedule
			 a telephonic or in-person meeting or a meeting over the network operated by the
			 commission, between the petitioner and the commission's designee, a committee
			 of the commission, or a quorum of the commission.
(2)
Hearing procedures.
The
			 provisions of Iowa Code sections
			 17A.10
			 to
			 17A.18A
			 regarding contested case hearings shall apply in three situations:
(a) to any petition for a waiver of rule
			 filed within a contested case;
(b)
			 when the commission so provides by rule or order; or
(c) when a statute so
			 requires.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.6 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the provisions of Iowa Code section
				17A.3(1)
"e,"
the commission shall maintain a record of all
				orders granting or denying waivers under this chapter. All final rulings in
				response to requests for waivers shall be indexed and available to members of
				the public at the ICN main office location as listed in 751-subrule
				1.6(1).
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.7 - Voiding or Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the commission pursuant to this chapter may
				be withdrawn, canceled, modified, declared void or revoked if, after
				appropriate notice and hearing, the commission issues an order finding any of
				the following:
1. The petitioner or the
			 person who was the subject of the waiver order withheld or misrepresented
			 material facts relevant to the propriety or desirability of granting the
			 waiver; or
2. The alternative means
			 for ensuring that the public health, safety and welfare will be adequately
			 protected after issuance of the waiver order have been demonstrated to be
			 insufficient; or
3. The subject of
			 the waiver order has failed to comply with all conditions contained in the
			 order; or
4. The waiver is contrary
			 to the public health, safety and welfare in light of newly discovered evidence
			 or changed circumstances.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.8 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of conditions in the waiver approval is the
				equivalent of violation of the particular rule for which the waiver is granted
				and is subject to the same remedies or penalties.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.9 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the commission issues an order granting a waiver, the
				order is a defense within its terms and the specific facts indicated therein
				for the person to whom the order pertains in any proceeding in which the rule
				in question is sought to be invoked.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.10 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Granting or denying a request for waiver is final agency action
				under Iowa Code chapter 17A. An appeal to district court shall be taken within
				30 days of the issuance of the ruling in response to the request unless a
				contrary time is provided by rule or statute.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.11 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of granting or denying a waiver, the commission
				shall make a submission on the Internet site established pursuant to Iowa Code
				section
				17A.9A for the submission
				of waiver information. The submission shall identify the rules for which a
				waiver has been granted or denied, the number of times a waiver was granted or
				denied for each rule, a citation to the statutory provisions implemented by
				these rules, and a general summary of the reasons justifying the commission's
				actions on waiver requests. If practicable, the report shall detail the extent
				to which granting a waiver has established a precedent for additional waivers
				and the extent to which the granting of a waiver has affected the general
				applicability of the rule itself.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 17 - Miscellaneous › Rule 751-17.1 - Content of Transmissions

Current through Register Vol. 47, No. 3, July 24, 2024
The commission and the commission's staff shall not monitor the
				content of transmissions on the network. From time to time, it may be necessary
				to monitor transmissions on the network to effect trouble isolation and
				correction. This type of monitoring will be kept to an absolute minimum and
				used only to efficiently and effectively manage the network. Each authorized
				user shall have responsibility that the use of the network is consistent with
				the mission of the authorized user and consistent with the law and these rules.
				Discovery of an unauthorized monitoring must be reported back to the authorized
				user.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 17 - Miscellaneous › Rule 751-17.2 - Areas of Responsibility for the Commission

Current through Register Vol. 47, No. 3, July 24, 2024
Consistent with and in addition to the duties and obligations
				imposed upon the commission by Iowa Code sections
				8D.1,
				8D.2(6),
				8D.3
				and 8D. 13, the commission's areas of responsibility include but are not
				necessarily limited to the following:
(1) Management of the network for state
			 communications;
(2) Telephone
			 service for state-owned buildings located on the capital complex ending at the
			 intermediate distribution frame located on each floor of the
			 buildings;
(3) Access devices for
			 the distribution of state communications.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 17 - Miscellaneous › Rule 751-17.4 - Partnerships With Private or Public Entities

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may enter into partnership or other arrangements
				in order to maximize income for the network. The following agreements are
				specifically permitted by this rule:
(1) Agreements to use space in the fiberoptic
			 termination site rooms in a manner consistent with law.
(2) Agreement to use the rights-of-way
			 obtained by the commission for the construction and maintenance of the network
			 in a manner consistent with law.
(3) Agreements to share equipment, any
			 telecommunications facilities, or any other real or personal property used to
			 operate a telecommunications network or single communication site in a manner
			 consistent with law.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 17 - Miscellaneous › Rule 751-17.5 - Circuit Testing

Current through Register Vol. 47, No. 3, July 24, 2024
Circuit testing is authorized on the network by the
				commission's maintenance contractor or Iowa public television personnel or
				network staff. Any other request for a test of the network must be made through
				commission staff.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 17 - Miscellaneous › Rule 751-17.6 - Billing Services on Behalf of Authorized User

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pursuant to an
			 agreement between the commission and an authorized user, the commission may
			 provide billing services on behalf of the authorized user and charge another
			 entity that receives services from the authorized user pursuant to the network
			 if all of the following conditions are satisfied:
a. The services provided by the authorized
			 user to the other entity must be consistent with the mission of the authorized
			 user.
b. The services provided by
			 the authorized user to the other entity must be consistent with the following
			 requirements and limitations:
(1) The services
			 provided by the authorized user are the services of the authorized user and are
			 not communications services that the commission is authorized to provide only
			 to its authorized users.
(2) The
			 services provided by the authorized user to the other entity are being
			 delivered to the other entity through the network.
(3) The services provided by the authorized
			 user to the other entity are not being provided in a manner that is contrary to
			 any other restrictions contained in Iowa Code chapter 8D.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				all rules adopted by the commission are subject to the provisions of Iowa Code
				chapter 17A, the Iowa administrative procedure Act, and the provisions of this
				chapter.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the
				commission may, before publication of a Notice of Intended Action under Iowa
				Code section
				17A.4(1)
"a, "
solicit comments from
				the public on a subject matter of possible rule making by the commission by
				causing notice to be published in the Iowa Administrative Bulletin of the
				subject matter and indicating where, when, and how persons may
				comment.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The
			 commission shall maintain a current public rule-making docket.
(2)
Anticipated rule making.
The rule-making docket shall list each anticipated rule-making proceeding. A
			 rule-making proceeding is deemed "anticipated" from the time a draft of
			 proposed rules is distributed for internal discussion within the commission.
			 For each anticipated rule-making proceeding the docket shall contain a listing
			 of the precise subject matter which may be submitted for consideration by the
			 commission for subsequent proposal under the provisions of Iowa Code section
			 17A.4(1)
"a, "
the name and address
			 of commission personnel with whom persons may communicate with respect to the
			 matter, and an indication of the present status within the commission of that
			 possible rule. The commission may also include in the docket other subjects
			 upon which public comment is desired.
(3)
Pending rule-making
			 proceedings.
The rule-making docket shall list each pending
			 rule-making proceeding. A rule-making proceeding is pending from the time it is
			 commenced, by publication in the Iowa Administrative Bulletin of a Notice of
			 Intended Action pursuant to Iowa Code section
			 17A.4(1)
"a, "
to the time it is
			 terminated, by publication of a Notice of Termination in the Iowa
			 Administrative Bulletin or the rule becoming effective. For each rule-making
			 proceeding, the docket shall indicate:
a. The
			 subject matter of the proposed rule;
b. A citation to all published notices
			 relating to the proceeding;
c.
			 Where written submissions on the proposed rule may be inspected;
d. The time during which written submissions
			 may be made;
e. The names of
			 persons who have made written requests for an opportunity to make oral
			 presentations on the proposed rule, where those requests may be inspected, and
			 where and when oral presentations may be made;
f. Whether a written request for the issuance
			 of a regulatory analysis, or a concise statement of reasons, has been filed,
			 whether such an analysis or statement or a fiscal impact statement has been
			 issued, and where any such written request, analysis, or statement may be
			 inspected;
g. The current status of
			 the proposed rule and any commission determinations with respect
			 thereto;
h. Any known timetable for
			 commission decisions or other action in the proceeding;
i. The date of the rule's adoption;
j. The date of the rule's filing, indexing,
			 and publication;
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35
			 days before the adoption of a rule the commission shall cause Notice of
			 Intended Action to be published in the Iowa Administrative Bulletin. The Notice
			 of Intended Action shall include:
a. A brief
			 explanation of the purpose of the proposed rule;
b. The specific legal authority for the
			 proposed rule;
c. Except to the
			 extent impracticable, the text of the proposed rule;
d. Where, when, and how persons may present
			 their views on the proposed rule; and
e. Where, when, and how persons may demand an
			 oral proceeding on the proposed rule if the notice does not already provide for
			 one.
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the commission shall include in the
				notice a statement fully describing the specific subject matter of the omitted
				portion of the text of the proposed rule, the specific issues to be addressed
				by that omitted text of the proposed rule, and the range of possible choices
				being considered by the commission for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at
			 least 20 days after publication of the Notice of Intended Action, persons may
			 submit argument, data, and views, in writing, on the proposed rule. Such
			 written submissions should identify the proposed rule to which they relate and
			 should be submitted to the executive director at the ICN main office location
			 as listed in 751-subrule 1.6(1) or to the person designated in the Notice of
			 Intended Action.
(2)
Oral
			 proceedings.
The commission may, at any time, schedule an oral
			 proceeding on a proposed rule. The commission shall schedule an oral proceeding
			 on a proposed rule if, within 20 days after the published Notice of Intended
			 Action, a written request for an opportunity to make oral presentations is
			 submitted to the commission by the administrative rules review committee, a
			 governmental subdivision, a commission, an association having not less than 25
			 members, or at least 25 persons. That request must also contain the following
			 additional information:
1. A request by one
			 or more individual persons must be signed by each of them and include the
			 address and telephone number of each of them.
2. A request by an association must be signed
			 by an officer or designee of the association and must contain a statement that
			 the association has at least 25 members and the address and telephone number of
			 the person signing that request.
3.
			 A request by a commission or governmental subdivision must be signed by an
			 official having authority to act on behalf of the entity and must contain the
			 address and telephone number of the person signing that request.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined
			 in 1998 Iowa Acts, chapter 1202, section 10(7).
(2)
Mailing list.
Small
			 businesses or organizations of small businesses may be registered on the
			 commission's small business impact list by making a written application
			 addressed to the executive director at the ICN main office location as listed
			 in 751-subrule 1.6(1). The application for registration shall state:
a. The name of the small business or
			 organization of small businesses;
b. Its address;
c. The name of a person authorized to
			 transact business for the applicant;
d. A description of the applicant's business
			 or organization. An organization representing 25 or more persons who qualify as
			 a small business shall indicate that fact.
e. Whether the registrant desires copies of
			 Notices of Intended Action at cost, or desires advance notice of the subject of
			 all or some specific category of proposed rule making affecting small business.
The commission may at any time request additional information
				from the applicant to determine whether the applicant is qualified as a small
				business or as an organization of 25 or more small businesses. The commission
				may periodically send a letter to each registered small business or
				organization, business or organization of small businesses asking whether that
				business or organization wishes to remain on the registration list. The name of
				a small business or organization of small businesses will be removed from the
				list if a negative response is received, or if no response is received within
				30 days after the letter is sent.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed rule that mandates additional combined expenditures exceeding $100,000
			 by all affected political subdivisions or agencies and entities which contract
			 with political subdivisions to provide services must be accompanied by a fiscal
			 impact statement outlining the costs associated with the rule. A fiscal impact
			 statement must satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the commission determines at the time
			 it adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the commission shall, at the same time, issue a corrected
			 fiscal impact statement and publish the corrected fiscal impact statement in
			 the Iowa Administrative Bulletin.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 commission shall not adopt a rule until the period for making written
			 submissions and oral presentations has expired. Within 180 days after the later
			 of the publication of the Notice of Intended Action, or the end of oral
			 proceedings thereon, the commission shall adopt a rule pursuant to the
			 rule-making proceeding or terminate the proceeding by publication of a notice
			 to that effect in the Iowa Administrative Bulletin.
(2)
Consideration of public
			 comment.
Before the adoption of a rule, the commission shall consider
			 fully all of the written submissions and oral submissions received in that
			 rule-making proceeding or any memorandum summarizing such oral submissions, and
			 any regulatory analysis, or fiscal impact statement issued in that rule-making
			 proceeding.
(3)
Reliance on
			 commission expertise.
Except as otherwise provided by law, the
			 commission may use its own experience, technical competence, specialized
			 knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commission
			 shall not adopt a rule that differs from the rule proposed in the Notice of
			 Intended Action on which the rule is based unless:
a. The differences are within the scope of
			 the subject matter announced in the Notice of Intended Action and are in
			 character with the issues raised in that notice; and
b. The differences are a logical outgrowth of
			 the contents of that Notice of Intended Action and the comments submitted in
			 response thereto; and
c. The Notice
			 of Intended Action provided fair warning that the outcome of that rule-making
			 proceeding could be the rule in question.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the commission for good cause finds that public
			 notice and participation are unnecessary, impracticable, or contrary to the
			 public interest in the process of adopting a particular rule, the commission
			 may adopt that rule without publishing advance Notice of Intended Action in the
			 Iowa Administrative Bulletin and without providing for written or oral public
			 submissions prior to its adoption. The commission shall incorporate the
			 required finding and a brief statement of its supporting reasons in each rule
			 adopted in reliance upon this subrule.
(2)
Categories exempt.
The
			 following narrowly tailored categories of rules are exempted from the usual
			 public notice and participation requirements because those requirements are
			 unnecessary, impracticable, or contrary to the public interest with respect to
			 each and every member of the defined class: no categories exempt.
(3)
Public proceedings on rules
			 adopted without them.
The commission may, at any time, commence a
			 standard rule-making proceeding for the adoption of a rule that is identical or
			 similar to a rule it adopts in reliance upon subrule 18.10(1). Upon written
			 petition by a governmental subdivision, the administrative rules review
			 committee, the administrative rules coordinator, an association having not less
			 than 25 members, or at least 25 persons, the commission shall commence a
			 standard rule-making proceeding for any rule specified in the petition that was
			 adopted in reliance upon subrule 18.10(1). Such a petition must be filed within
			 one year of the publication of the specified rule in the Iowa Administrative
			 Bulletin as an adopted rule. The rule-making proceeding on that rule must be
			 commenced within 60 days of the receipt of such a petition. After a standard
			 rule-making proceeding commenced pursuant to this subrule, the commission may
			 either readopt the rule it adopted without benefit of all usual procedures on
			 the basis of subrule 18.10(1), or may take any other lawful action, including
			 the amendment or repeal of the rule in question, with whatever further
			 proceedings are appropriate.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested
			 by a person, either prior to the adoption of a rule or within 30 days after its
			 publication in the Iowa Administrative Bulletin as an adopted rule, the
			 commission shall issue a concise statement of reasons for the rule. Requests
			 for such a statement must be in writing and be delivered to the executive
			 director of the commission at the ICN main office location as listed in
			 751-subrule 1.6(1). The request should indicate whether the statement is sought
			 for all or only a specified part of the rule. Requests will be considered made
			 on the date received.
(2)
Contents.
The concise statement of reasons shall contain:
a. The reasons for adopting the
			 rule;
b. An indication of any
			 change between the text of the proposed rule contained in the published Notice
			 of Intended Action and the text of the rule as finally adopted, with the
			 reasons for any such change;
c. The
			 principal reasons urged in the rule-making proceeding for and against the rule,
			 and the commission's reasons for overruling the arguments made against the
			 rule.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
			 adopted by the commission shall contain the text of the rule and, in addition:
a. The date the commission adopted the
			 rule;
b. A brief explanation of the
			 principal reasons for the rule-making action if such reasons are required by
			 Iowa Code section
			 17A.4
			 or if the commission in its discretion decides to include such
			 reasons;
c. A reference to all
			 rules repealed, amended, or suspended by the rule;
d. A reference to the specific statutory or
			 other authority authorizing adoption of the rule;
e. Any findings required by any provision of
			 law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
			 reasons for the failure to provide for waivers to the rule if no waiver
			 provision is included and a brief explanation of any waiver or special
			 exceptions provided in the rule if such reasons are required by Iowa Code
			 section
			 17A.4
			 or the commission in its discretion decides to include such reasons; and
g. The effective date of the
			 rule.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.13 - Commission Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The
			 commission shall maintain an official rule-making record for each rule it
			 proposes by publication in the Iowa Administrative Bulletin of a Notice of
			 Intended Action, or adopts. The rule-making record and materials incorporated
			 by reference must be available for public inspection.
(2)
Contents.
The commission
			 rule-making record shall contain:
a. Copies
			 of all publications in the Iowa Administrative Bulletin with respect to the
			 rule or the proceeding upon which the rule is based and any file-stamped copies
			 of commission submissions to the administrative rules coordinator concerning
			 that rule or the proceeding upon which it is based;
b. Copies of any portions of the commission's
			 public rule-making docket containing entries relating to the rule or the
			 proceeding upon which the rule is based;
c. All written petitions, requests, and
			 submissions received by the commission, and all other written materials of a
			 factual nature as distinguished from opinion that are relevant to the merits of
			 the rule and that were created or compiled by the commission and considered by
			 the Iowa telecommunications and technology commission, in connection with the
			 formulation, proposal, or adoption of the rule or the proceeding upon which the
			 rule is based, except to the extent the commission is authorized by law to keep
			 them confidential; provided, however, that when any such materials are deleted
			 because they are authorized by law to be kept confidential, the commission
			 shall identify in the record the particular materials deleted and state the
			 reasons for that deletion;
d. Any
			 official transcript of oral presentations made in the proceeding upon which the
			 rule is based or, if not transcribed, the stenographic record or electronic
			 recording of those presentations, and any memorandum prepared by a presiding
			 officer summarizing the contents of those presentations;
e. A copy of any regulatory analysis or
			 fiscal impact statement prepared for the proceeding upon which the rule is
			 based;
f. A copy of the rule and
			 any concise statement of reasons prepared for that rule;
g. All petitions for amendments of, or repeal
			 or suspension of, the rule;
h. A
			 copy of any objection to the issuance of that rule without public notice and
			 participation that was filed pursuant to Iowa Code section
			 17A.4(2),
			 by the administrative rules review committee, the governor, or the attorney
			 general;
i. A copy of any objection
			 to the rule filed by the administrative rules review committee, the governor,
			 or the attorney general pursuant to Iowa Code section
			 17A.4(4),
			 and any commission response to that objection;
j. A copy of any significant written
			 criticism of the rule, including a summary of any petitions for waiver of the
			 rule; and
k. A copy of any
			 executive order concerning the rule.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall file each rule it adopts in the office of
				the administrative rules coordinator. The filing must be executed as soon after
				adoption of the rule as is practicable. At the time of filing, each rule must
				have attached to it any fiscal impact statement and any concise statement of
				reasons that was issued with respect to that rule. If a fiscal impact statement
				or statement of reasons for that rule was not issued until a time subsequent to
				the filing of that rule, the note or statement must be attached to the filed
				rule within five working days after the note or statement is issued. In filing
				a rule, the commission shall use the standard form prescribed by the
				administrative rules coordinator.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The commission
			 may make a rule effective after its filing at any stated time prior to 35 days
			 after its indexing and publication in the Iowa Administrative Bulletin if it
			 finds that a statute so provides, the rule confers a benefit or removes a
			 restriction on some segment of the public, or that the effective date of the
			 rule is necessary to avoid imminent peril to the public health, safety, or
			 welfare. The commission shall incorporate the required finding and a brief
			 statement of its supporting reasons in each rule adopted in reliance upon this
			 subrule.
(2)
Special
			 notice.
When the commission makes a rule effective prior to its
			 indexing and publication in reliance upon the provisions of Iowa Code section
			 17A.5(2)
"b "
(3), the commission
			 shall employ all reasonable efforts to make its contents known to the persons
			 who may be affected by that rule prior to the rule's indexing and publication.
			 The term "all reasonable efforts" requires the commission to employ the most
			 effective and prompt means of notice rationally calculated to inform
			 potentially affected parties of the effectiveness of the rule that is justified
			 and practical under the circumstances considering the various alternatives
			 available for this purpose, the comparative costs to the commission of
			 utilizing each of those alternatives, and the harm suffered by affected persons
			 from any lack of notice concerning the contents of the rule prior to its
			 indexing and publication. The means that may be used for providing notice of
			 such rules prior to their indexing and publication include, but are not limited
			 to, any one or more of the following means: radio, newspaper, television,
			 signs, mail, telephone, personal notice or electronic means.
A rule made effective prior to its indexing and publication in
				reliance upon the provisions of Iowa Code section 17A.5(2)
"b"
(3), shall include in that rule a statement describing the reasonable efforts
				that will be used to comply with the requirements of subrule
				18.15(2).
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public
			 inspection.
The commission shall maintain an official, current, and
			 dated compilation that is indexed by subject, containing all of its general
			 statements of policy within the scope of Iowa Code section
			 17A.2(10)
"a, " "c, " "f "
"g
			 " "h " "k. "
Each addition to, change in, or deletion from the
			 official compilation must also be dated, indexed, and a record thereof kept.
			 Except for those portions containing rules governed by Iowa Code section
			 17A.2(7)
"f,"
or otherwise
			 authorized by law to be kept confidential, the compilation must be made
			 available for public inspection and copying.
(2)
Enforcement of requirements.
A general statement of policy subject to the requirements of this
			 subsection shall not be relied on by the commission to the detriment of any
			 person who does not have actual, timely knowledge of the contents of the
			 statement until the requirements of subrule 18.16(1) are satisfied. This
			 provision is inapplicable to the extent necessary to avoid imminent peril to
			 the public health, safety, or welfare.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 18 - Procedure for Rule Making › Rule 751-18.17 - Review by Commission of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any interested person, association,
			 commission, or political subdivision may submit a written request to the
			 administrative rules coordinator requesting the commission to conduct a formal
			 review of a specified rule. Upon approval of that request by the administrative
			 rules coordinator, the commission shall conduct a formal review of a specified
			 rule to determine whether a new rule should be adopted instead or the rule
			 should be amended or repealed. The commission may refuse to conduct a review if
			 it has conducted such a review of the specified rule within five years prior to
			 the filing of the written request.
(2) In conducting the formal review, the
			 commission shall prepare within a reasonable time a written report summarizing
			 its findings, its supporting reasons, and any proposed course of action. The
			 report must include a concise statement of the commission's findings regarding
			 the rule's effectiveness in achieving its objectives, including a summary of
			 any available supporting data. The report shall also concisely describe
			 significant written criticisms of the rule received during the previous five
			 years, including a summary of any petitions for waiver of the rule received by
			 the commission or granted by the commission. The report shall describe
			 alternative solutions to resolve the criticisms of the rule, the reasons any
			 were rejected, and any changes made in the rule in response to the criticisms
			 as well as the reasons for the changes. A copy of the commission's report shall
			 be sent to the administrative rules review committee and the administrative
			 rules coordinator. The report must also be available for public
			 inspection.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 1 - Organization of the Department of Transportation › Rule 761-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Commission"
means the state transportation
				  commission.
"Department"
means the Iowa department of
				  transportation.
"Director"
means the director of
				  transportation or the director's designee.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 1 - Organization of the Department of Transportation › Rule 761-1.2 - Mission

Current through Register Vol. 47, No. 3, July 24, 2024
The department is responsible for the planning, development,
				  regulation and improvement of transportation in Iowa. The mission of the
				  department is "getting you there safely, efficiently and
				  conveniently."
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 1 - Organization of the Department of Transportation › Rule 761-1.3 - Location and Business Hours

Current through Register Vol. 47, No. 3, July 24, 2024
The department's main office is located at 800 Lincoln Way,
				  Ames, Iowa 50010; telephone (515)239-1101. The department's business hours are
				  8 a.m. to 4:30 p.m. Monday through Friday, excluding legal
				  holidays.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 1 - Organization of the Department of Transportation › Rule 761-1.4 - Information and Forms

Current through Register Vol. 47, No. 3, July 24, 2024
Information, applications and forms may be obtained from the
				  department or from the division or office which is responsible for the area of
				  concern. Specific instructions may also be given in administrative rules. The
				  department's Web site at www.iowadot.gov provides additional information about
				  departmental organizational units, services and forms.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 1 - Organization of the Department of Transportation › Rule 761-1.5 - History

Current through Register Vol. 47, No. 3, July 24, 2024
The Sixty-fifth General Assembly created the department as of
				  July 1,1974, and transferred to it the duties and responsibilities formerly
				  administered by the state highway commission; the Iowa aeronautics commission;
				  the Iowa reciprocity board; the department of public safety relating to motor
				  vehicle registration, motor vehicle dealer licensing, and operator and
				  chauffeur licensing; and the Iowa state commerce commission relating to the
				  regulation of railroads and motor carrier transportation. Certain duties and
				  responsibilities relating to river transportation and public transit were also
				  assigned to the department.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 1 - Organization of the Department of Transportation › Rule 761-1.6 - Commission

Current through Register Vol. 47, No. 3, July 24, 2024
A seven-member transportation commission develops a
				  comprehensive transportation policy and plan for the state, approves the
				  five-year transportation improvement program, and is responsible for other
				  statutory duties listed in Iowa Code section
				  307A.2. Inquiries and
				  requests may be submitted to the commission at the address given in rule
				  761-1.3(17A).
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 1 - Organization of the Department of Transportation › Rule 761-1.7 - Director of Transportation

Current through Register Vol. 47, No. 3, July 24, 2024
The director of transportation is based in Ames and serves as
				  the chief administrative officer of the department. The director is responsible
				  for the management of the department and for statutory duties including but not
				  limited to those listed in Iowa Code section
				  307.12.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 1 - Organization of the Department of Transportation › Rule 761-1.8 - Divisions

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall operate under the following divisions,
				  which report to the director:
(1)
Highway division.
a. The
				highway division's headquarters are located in Ames; the telephone number is
				(515)239-1124.
b. The highway
				division manages the preservation and operation of the transportation system to
				ensure safe travel and is responsible for maintenance and construction of the
				interstate and primary highway systems. The division is responsible for
				preliminary engineering, environmental clearances and permits; design and plan
				development for roadways, structures and other transportation mode
				improvements; acquisition of right-of-way; letting and awarding of contracts;
				contract administration and material compliance for highway projects; statewide
				maintenance and emergency operations; research and higher level technology
				(such as intelligent transportation systems); and local systems support and
				oversight.
c. Responsibilities for
				highway division operations are divided among six districts. Each district has
				maintenance garages, maintenance offices and construction offices, which are
				listed in local telephone directories. The six district offices are as follows:
(1) District 1, 1020 S. Fourth Street, Ames,
				Iowa 50010; telephone (515)239-1635.
(2) District 2, 428 43rd Street SW, Mason
				City, Iowa 50401; telephone (641)423-7584.
(3) District 3, 2800 Gordon Drive, P.O. Box
				987, Sioux City, Iowa 51102-0987; telephone (712)276-1451.
(4) District 4, 2210 E. Seventh Street,
				Atlantic, Iowa 50022; telephone (712)243-3355.
(5) District 5, 307 W. Briggs Avenue, P.O.
				Box 587, Fairfield, Iowa 52556-0587; telephone (641)472-4171.
(6) District 6, 5455 Kirkwood Boulevard SW,
				Cedar Rapids, Iowa 52404; telephone (319)364-0235.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 2 - Provisions Applicable to All Rules › Rule 761-2.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to all rules of the Iowa
				  department of transportation unless otherwise stated:
"Commission "
means the transportation
				  commission of the Iowa department of transportation.
"Department"
means the Iowa department of
				  transportation.
"Director"
or
"director of
				  transportation"
means the director of the Iowa department of
				  transportation or the director's designee.
This rule is intended to implement Iowa Code chapter
				  307.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 4 - Public Records and Fair Information Practices › Rule 761-4.1 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope of chapter
.
a. This chapter describes the provisions
				governing public access to records that are owned by or in the physical
				possession of the department. However , access to personnel and payroll records
				may also be subject to the rules of the department of administrative services.
b. This chapter does not effect
				the policy of the department to respond, without charge, to routine oral or
				written inquiries that do not involve the furnishing of records.
c. This chapter does not make available
				records compiled by the department in reasonable anticipation of court
				litigation or formal administrative proceedings. The availability of these
				records to the public or to any individual or party to such litigation or
				proceedings shall be governed by applicable legal and constitutional
				principles, statutes, rules of discovery , evidentiary privileges, and
				applicable regulations of the department.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 4 - Public Records and Fair Information Practices › Rule 761-4.2 - Statement of Policy and Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
It is the policy of the department that free and open
				  examination of public records is generally in the public interest. The purpose
				  of these rules is to facilitate broad public access to open records and sound
				  determinations with respect to the handling of confidential records.
This rule is intended to implement Iowa Code chapter
				  22.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 4 - Public Records and Fair Information Practices › Rule 761-4.3 - Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Submission of request for access.
a. A request for access to a record shall be
				submitted to the custodian of the record. If the requester does not know the
				identity of the custodian, the request may be submitted to the records center
				at the address in subrule 4.1(3). The records center will forward the request
				to the custodian.
b.
				Notwithstanding paragraph
"a"
of this subrule, any request that
				may be related to a potential or an actual tort claim or other litigation shall
				be submitted to: General Counsel, Iowa Department of Transportation, 800
				Lincoln Way, Ames, Iowa 50010. If the custodian receives a request of this
				nature, the custodian shall forward the request to the department's general
				counsel.
c. If a request for access
				is misdirected, department personnel will forward the request to the
				custodian.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 4 - Public Records and Fair Information Practices › Rule 761-4.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
The following provisions are in addition to those specified
				  in rule 761-4.3 (22) and are minimum
				  requirements. A statute or another department rule may impose additional
				  requirements for access to certain classes of confidential records. A
				  confidential record may, due to its nature or the way it is compiled or stored,
				  contain a mixture of confidential and nonconfidential information. The
				  department shall not refuse to release the nonconfidential information simply
				  because of the manner in which the record is compiled or stored.
(1)
Procedure.
a.
Form of request.
The
				custodian shall ensure that there is sufficient information to provide
				reasonable assurance that access to a confidential record may be granted.
				Therefore, the custodian may require the requester to:
(1) Submit the request in writing.
(2) Provide proof of identity and authority
				to secure access to the record.
(3)
				Sign a certified statement or affidavit listing the specific reasons justifying
				access to the record and provide any proof necessary to establish relevant
				facts.