reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.11 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner, within 30 days of submission of the petition,
				shall serve by certified mail notice of the pending petition and a concise
				summary of its contents upon all persons to whom notice is required by any
				provision of law. The petitioner shall provide a written statement to the
				department attesting that the required notice has been provided. The department
				shall acknowledge a petition upon receipt and, in addition, the department may
				give notice to other persons.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.12 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10
				to
				17A.18A
				regarding contested case hearings shall apply to any petition for a waiver of a
				rule filed within a contested case and shall otherwise apply to department
				proceedings for a waiver only when the department so provides by rule or order
				or is required to do so by statute.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.13 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
A decision granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the decision pertains, a statement of the relevant facts and reasons
				upon which the action is based, and a description of the precise scope and
				operative period of the waiver if one is issued.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.15 - Time for Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall grant or deny a petition for a waiver as
				soon as practicable but, in any event, shall do so within 120 days of receipt
				of the petition, unless the petitioner agrees to a later date. However, if a
				petition is filed in a contested case, the department shall grant or deny the
				petition no later than the time at which the final decision in that contested
				case is issued.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.16 - When Deemed Denied

Current through Register Vol. 47, No. 3, July 24, 2024
Failure of the director or the department in a contested case
				proceeding to grant or deny a petition within the required time period shall be
				deemed a denial of that petition by the department.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.17 - Service of Decision

Current through Register Vol. 47, No. 3, July 24, 2024
Within seven days of its issuance, any decision issued under
				this chapter shall be transmitted to the petitioner or the person to whom the
				decision pertains and to any other person entitled to such notice by any
				provision of law.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.18 - 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 department shall maintain a record of all decisions granting and
				denying waivers under this chapter. All final rulings in response to requests
				for waivers shall be indexed and available to members of the
				public.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.19 - Voiding or Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver is void if the material facts upon which the request
				is based are not true or if material facts have been withheld. The department
				may at any time cancel a waiver if the department finds that the facts as
				stated in the request are not true, material facts have been withheld, the
				alternative means of compliance provided in the waiver have failed to achieve
				the objectives of the statute, or the requester has failed to comply with the
				conditions of the waiver.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.21 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the department issues a decision granting a waiver, the
				decision is a defense within its terms and the specific facts indicated therein
				for the person to whom the decision pertains in any proceeding in which the
				rule in question is sought to be invoked.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 11 - The Iowa Nature Store › Rule 561-11.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes the Iowa nature store program. The
				Iowa nature store offers merchandise for sale to the public in order to promote
				the mission of the department to the public, to enhance public awareness, and
				to generate revenue in order to conserve and enhance the natural resources of
				Iowa.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 11 - The Iowa Nature Store › Rule 561-11.2 - The Nature Store

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall acquire merchandise that is intended to
				further the purposes of this chapter as stated in
				561-11.1 (456A). This
				merchandise will be offered for resale to the public.
(1)
Acquisition.
The
			 department may enter into contracts with private vendors for the design,
			 manufacture, or purchase of merchandise for resale.
(2)
Sale.
Goods obtained by
			 the department pursuant to this chapter shall be offered for resale to the
			 general public at prices to be established at the discretion of the department.
			 Items obtained pursuant to this chapter may be distributed without charge when
			 the department determines that such a distribution serves the purposes of this
			 chapter
(3)
Contracts for
			 services.
If the department determines that all or any part of the
			 Iowa nature store program can be best effectuated through the execution of a
			 contract with one or more third parties, the contract shall be awarded pursuant
			 to the provisions of 561-Chapter 14.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 11 - The Iowa Nature Store › Rule 561-11.3 - Funding

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa nature store shall be funded through the state
				conservation fund as established at Iowa Code section
				456A.17. All
				revenues generated by the Iowa nature store, whether through the sale of
				merchandise or any other means, shall be deposited in the state conservation
				fund.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
These rules establish the process by which the department will
				issue special nonresident deer and turkey licenses to individuals as part of
				statewide or local efforts to promote the state and its natural
				resources.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.3 - Availability of Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
The program shall be available to provide no more than the
				number of special licenses allowed by Iowa Code section
				483A.24
				to nonresidents through requests submitted by individual hunters, through a
				sponsor, or through an approved organization.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.4 - Coordinator Duties

Current through Register Vol. 47, No. 3, July 24, 2024
The coordinator of the program shall:
(1) Assist the internal committee in the
			 evaluation and selection of hunters who may receive special licenses.
(2) Develop templates for requests for
			 special licenses and provide the templates to hunters, sponsors, and approved
			 organizations upon request.
(3)
			 Convene the internal committee to rank hunters according to the criteria in
			 rule 561-12.7 (483A).
(4) Summarize each request received and
			 distribute the summaries to the internal committee and the director or the
			 director's designee.
(5) Establish
			 the date on which applications for special licenses for disabled veterans and
			 disabled active military personnel are due, establish the dates on which the
			 director or the director's designee will select the conservation organizations
			 and hunters who will receive special licenses, and inform the conservation
			 organizations, the approved organizations and the hunters of their
			 selection.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.5 - Request, Review, and Selection Process for Promotional Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Submission of requests.
a.
			 Individual hunters or sponsors shall submit a request, or requests, to the
			 coordinator.
(1) A request for a deer license
			 must be on the form provided by the department and shall be submitted to the
			 coordinator by August 15 prior to the season to be hunted.
(2) A request for a turkey license must be on
			 the form provided by the department and shall be submitted to the coordinator
			 at least 14 days prior to the season to be hunted.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.6 - Consideration of Requests for Promotional Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
The internal committee will recommend to the director or the
				director's designee which conservation organizations are best qualified to
				promote the state and its natural resources. In making recommendations to the
				director or the director's designee, the internal committee will base its
				recommendations on the expected ability of hunters to promote the state and its
				natural resources and, if applicable, based on the degree of success special
				license holders have had in previous years or seasons in promoting the state
				and its natural resources. By way of illustration, the committee may consider
				requests from the following:
(1) A
			 hunter who has a direct beneficial impact on the state through an arm's-length
			 business relationship with an Iowa-based outdoor industry.
(2) A conservation organization that will use
			 the special nonresident deer license as a fundraiser for that organization. A
			 conservation organization shall be limited to one special nonresident deer
			 license per year, whether the organization is a local or state chapter or
			 division of a national or international conservation organization. The
			 organization shall return to the department the greater amount of either
			 one-half of the proceeds from its sale of the special nonresident deer license
			 or the fee for a nonresident deer license as set forth in Iowa Code section
			 483A.1. The
			 department's proceeds shall cover the cost of the special nonresident deer
			 license. A license made available to a conservation organization in accordance
			 with this subrule may be valid for up to two years after selection of the
			 organization by the director or the director's designee. The sponsoring
			 conservation organization shall notify the coordinator by July 1 or immediately
			 following the sale of the special nonresident deer license of which year and
			 for what season the special nonresident deer license will be used. The
			 conservation organization shall specifically explain how and during what period
			 the organization will market the special nonresident deer license for auction
			 or some other legal fundraiser.
(3)
			 A hunter nominated by the governor or a member of the Iowa
			 legislature.
(4) A hunter
			 recommended by the department.
(5)
			 A hunter who is a well-known public figure nationally or regionally and who may
			 provide a positive portrayal of the state and its natural resources.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.7 - Ranking Criteria for Promotional Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The following criteria shall be used by
			 the internal committee to rank individual hunters as identified in subrules
			 12.6(1), 12.6(4) and 12.6(5). The rankings shall be determined as the average
			 of the following rating points and will be provided to the director or the
			 director's designee as an aid in determining the selection of hunters.
a. Five points if the hunter is directly
			 affiliated with an Iowa-based outdoor industry.
b. From 0 to 10 points for the following:
(1) The relative size of the hunter's
			 potential audience.
(2) The
			 hunter's proposal to promote the state and its natural resources.
(3) If the hunter has received a special
			 license in the past, the value of the actual promotion of the state and its
			 natural resources or special services provided as a result.
c. From 0 to 5 points if the
			 hunter meets the description in subrule 12.6(5).
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.8 - Services Provided by Recipients of Promotional Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to promoting the state and its natural resources,
				recipients of special licenses may improve the ranking they receive for future
				license requests by providing additional services as specified by the
				department. Services shall be limited to those that improve communications
				between the department and outdoor recreationalists and to assistance in
				marketing outdoor recreation and natural resource
				conservation.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.9 - License Term for Promotional Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
With the exception of the term provided for in subrule 12.6(2),
				special licenses issued under these rules shall be valid for only the
				applicable deer or turkey season immediately following allocation of the
				license.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.10 - Reporting by Recipients of Promotional Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
Within eight months after a hunter's participation in a hunt
				with a license issued pursuant to this chapter, the sponsor or hunter shall
				provide to the coordinator information about the hunt to demonstrate how the
				hunt will provide or has provided promotion of the state and its natural
				resources. This information may be in the form of testimonials of the
				participants, a completed DVD available for retail sale, a DVD copy of the
				actual television broadcast, an article in a periodical, or other verifiable
				means that demonstrate the promotional benefits. The director or the director's
				designee may consider compliance with this reporting requirement in evaluating
				future requests.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.11 - Prohibitions for Promotional Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
Photographs, videotapes, or any other form of media resulting
				from the special licenses issued pursuant to this chapter shall not be used for
				political campaign purposes.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.12 - License Costs for Promotional Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
With the exception provided in subrule 12.6(2) for conservation
				organizations, a nonresident who obtains a special license issued pursuant to
				this chapter shall pay the applicable fee as follows:
(1) For a special nonresident deer license,
			 the fee described in Iowa Code section
			 483A.1 for a deer
			 hunting license, antlered or any sex deer.
(2) For a special nonresident turkey license,
			 the fee described in Iowa Code section
			 483A.1 for a wild
			 turkey hunting license.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.13 - Hunter Safety Requirements for Holders of Promotional Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
As provided in Iowa Code sections
				483A.24(3)
				 and
				483A.24(4),
				the hunter safety and ethics certificate requirement is waived for holders of
				special licenses issued pursuant to this chapter.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.14 - Request, Review, and Selection Processes for Special Licenses for Nonresident Disabled Veterans or Disabled Members of the Armed Forces

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Submission of requests.
a.
			 Individual hunters or approved organizations shall submit a request, or
			 requests, to the coordinator.
(1) A request
			 for a deer license must be on the form provided by the department and shall be
			 submitted to the coordinator by August 1 prior to the season to be
			 hunted.
(2) A request for a turkey
			 license must be on the form provided by the department and shall be submitted
			 to the coordinator at least 14 days prior to the season to be hunted.
(3) A request for a regular hunting license
			 that includes the habitat fee must be on the form provided by the department
			 and shall be submitted to the coordinator prior to the seasons to be
			 hunted.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.15 - License Term for Disabled Veteran and Military Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
Special deer or turkey licenses issued under these rules shall
				be valid for only the applicable deer or turkey season immediately following
				allocation of the license.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.16 - Prohibitions for Disabled Veteran and Military Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
Photographs, videotapes or any other form of media resulting
				from the special licenses issued pursuant to this chapter shall not be used for
				political campaign purposes.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.17 - License Costs for Disabled Veteran and Military Special Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
A nonresident who obtains a special license issued pursuant to
				this chapter shall pay the applicable fee as follows:
(1) For a special nonresident deer hunting
			 antlered or any sex deer license or a turkey hunting license, the fee described
			 in Iowa Code section
			 483A.24(5)
"c."
(2) For a
			 special nonresident hunting license that includes the wildlife habitat fee, the
			 fee described in Iowa Code section
			 483A.24(5)
"d."
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 12 - Special Nonresident Deer and Turkey Licenses › Rule 561-12.18 - Hunter Safety Requirements for Disabled Veterans and Military Hunters

Current through Register Vol. 47, No. 3, July 24, 2024
As provided in Iowa Code section
				483A.24(5),
				a hunter education certificate is required for holders of special disabled
				veteran and military licenses issued pursuant to this
				chapter.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 13 - State Lands Volunteer Program › Rule 561-13.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Department"
means the department of natural
				resources.
"Director"
means the director of the
				department of natural resources.
"Volunteer"
means an organization incorporated
				under Iowa Code chapter 504 as a nonprofit organization, or an individual
				providing services on behalf of the nonprofit organization, that provides
				volunteer services for the benefit of lands under the jurisdiction of the
				department and that registers as a volunteer under this chapter. A volunteer
				may include a friends group or organization as defined in rule
				571-14.1 (461 A). A
				volunteer shall not include an organization or individual that operates a
				concession operation, as defined in rule
				571-14.1 (461A),
				unless that concession operation remits all receipts and returns all net
				proceeds after qualifying expenses from such operations to the department for
				the benefit of the state parks system, or otherwise procures goods or services
				for the benefit of the department. Qualifying volunteer services are, unless
				otherwise specified, limited to activities undertaken on lands under the
				jurisdiction of the department to benefit such lands. Volunteer services do not
				include any administrative functions of a nonprofit organization registered
				under this program.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 13 - State Lands Volunteer Program › Rule 561-13.2 - Registration

Current through Register Vol. 47, No. 3, July 24, 2024
Organizations seeking to provide services under this program
				for the benefit of lands under the jurisdiction of the department must register
				with the department. The department shall make forms available for such
				application. The department may request additional information as part of its
				review. Registration must be renewed every other year or as soon as substantial
				changes are planned to the approved services contained in the authorization
				letter referenced in this chapter, whichever occurs first.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 13 - State Lands Volunteer Program › Rule 561-13.3 - Review

Current through Register Vol. 47, No. 3, July 24, 2024
The department will review requests for registration to
				determine whether the registrant will be designated a volunteer under this
				program. The department shall evaluate the volunteer's ability to perform the
				services, the department's identified need for such services, and the
				department's ability to manage the volunteer's proposed activities, if
				applicable.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 13 - State Lands Volunteer Program › Rule 561-13.4 - Department Decision

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall notify the registrant of its decision
				within a reasonable time period. If the department admits the registrant into
				the program, the department shall issue an authorization letter that shall be
				acknowledged by the registrant and shall state the terms of the registrant's
				participation in the program. The department may authorize the registrant's
				proposed activities in part and deny them in part. The department may provide
				reasons for any program denials.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 13 - State Lands Volunteer Program › Rule 561-13.5 - Program Benefit

Current through Register Vol. 47, No. 3, July 24, 2024
Volunteers providing services consistent with this program
				shall be afforded liability protection consistent with Iowa Code section
				669.24, provided
				the volunteers are complying with the terms of the authorization letter issued
				by the department.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 13 - State Lands Volunteer Program › Rule 561-13.6 - Limitation

Current through Register Vol. 47, No. 3, July 24, 2024
Nothing in these rules shall expand liability protection
				afforded volunteers beyond what is authorized by Iowa Code section
				669.24. Failure
				to comply with department directives or policies, including those that may be
				described in the authorization letter and any amendments, may negate this
				liability protection. Nothing in these rules shall require registered
				volunteers to secure insurance for activities approved in the department's
				authorization letter.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 14 - Concessions › Rule 561-14.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The department adopts by reference 571-Chapter 14, Iowa
				Administrative Code, with the following changes:
1. References to parks and recreation areas
			 are changed to state property under the jurisdiction of the
			 department.
2. References to the
			 parks bureau are changed to the chief of the bureau managing the area on which
			 the concession is located.
3. By
			 removing references to approval of permit/leases by the commission and
			 executive council.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 15 - Revocation, Suspension, and Nonrenewal of License for Failure to Pay State Liabilities › Rule 561-15.1 - Purpose and Use

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter is intended to help collect liabilities of the
				state or a state agency from persons who have licenses with the department.
				This chapter shall apply to all licenses issued, renewed or otherwise
				authorized by the department.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 15 - Revocation, Suspension, and Nonrenewal of License for Failure to Pay State Liabilities › Rule 561-15.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the following definitions shall
				apply:
"Certificate of noncompliance "
means a
				document provided by the collecting agency certifying the named person has
				outstanding liability placed with the collecting agency and has not entered
				into an approved payment plan to pay the liability.
"Collecting agency"
means the centralized
				collection unit of the department of revenue or the Iowa college student aid
				commission.
"Department"
means the department of natural
				resources.
"Liability"
means a debt or obligation placed
				with the collecting agency for collection that is greater than $1,000. For
				purposes of this chapter, "liability" does not include child support payments
				collected pursuant to Iowa Code chapter 252J.
"License"
means a license, certification,
				registration, permit, approval, renewal or other similar authorization issued
				to a person by the department which evidences the admission to, or granting of
				authority to engage in, a profession, occupation, business, industry, or
				recreation, including those authorizations set out in Iowa Code chapters 321G,
				321I, 455B, 455C, 455D, 456A, 459, 459A, 461A, 462A, 481A, 481B, 481C, 482,
				483A, 484B and 484C.
"Licensee "
means a person to whom a license
				has been issued by the department or who is seeking the issuance of a license
				from the department.
"Notice of intent"
means a notice sent to a
				licensee indicating the department's intent to suspend, revoke, or deny renewal
				or issuance of a license.
"Obligor "
means a person with a liability
				placed with the collecting agency.
"Person "
means a licensee.
"
Withdrawal of a certificate of noncompliance
				"
means a document provided by the collecting agency certifying that
				the certificate of noncompliance is withdrawn and that the department may
				proceed with issuance, reinstatement, or renewal of a person's
				license.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 15 - Revocation, Suspension, and Nonrenewal of License for Failure to Pay State Liabilities › Rule 561-15.3 - Requirements of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Records.
a. The department shall collect and maintain
			 records of its licensees that must include, at a minimum, the following:
(1) The licensee's first and last
			 names.
(2) The licensee's current
			 known address.
(3) The licensee's
			 social security number
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 15 - Revocation, Suspension, and Nonrenewal of License for Failure to Pay State Liabilities › Rule 561-15.4 - No Administrative Appeal of the Department's Action

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections
				261.126
				and
				272D.8,
				a person does not have a right to a hearing before the department to contest
				the department's action under this chapter but may request a court hearing
				pursuant to rule
				561-15.5
				(272D,261).
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 15 - Revocation, Suspension, and Nonrenewal of License for Failure to Pay State Liabilities › Rule 561-15.5 - District Court Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
A person may seek review of the actions listed in 701-subrule
				153.14(1) and request a hearing before the district court by filing an
				application with the district court in the county in which the majority of the
				liability was incurred. The person must send a copy of the application to the
				collecting agency by regular mail. The application must be filed no later than
				30 days after the department issues its notice of intent.
(1)
Scheduling.
The clerk of
			 the district court shall schedule a hearing and mail a copy of the scheduling
			 order to the person, the collecting agency, and the department.
(2)
Certification.
Prior to
			 the hearing, the collecting agency shall certify to the court a copy of its
			 written decision and certificate of noncompliance, indicating the date of
			 issuance, and the department shall certify to the court a copy of the notice
			 issued pursuant to subrule 15.3(3).
(3)
Stay.
Upon receipt of a
			 copy of a scheduling order from the clerk of court and prior to the hearing,
			 the department shall stay any action contemplated on the person's license
			 pursuant to the notice of intent.
(4)
Hearing.
The hearing on
			 the person's application shall be scheduled and held within 30 days of the
			 filing of the application. However, if the person fails to appear at the
			 scheduled hearing, the stay shall be lifted and the department shall continue
			 its procedures pursuant to the notice of intent.
(5)
Scope of review.
The
			 district court's review shall be limited to demonstration of the amount of the
			 liability owed or the identity of the person.
(6)
Findings.
If the court
			 finds the collecting agency was in error either in issuing a certificate of
			 noncompliance or in its failure to issue a withdrawal of a certificate of
			 noncompliance, the collecting agency shall issue a withdrawal of a certificate
			 of noncompliance to the department. If the court finds the collecting agency
			 was justified in issuing a certificate of noncompliance or in not issuing a
			 withdrawal of a certificate of noncompliance, a stay imposed under subrule
			 15.5(3) shall be lifted and the department shall proceed with the action as
			 outlined in its notice of intent.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 16 - State Park and Recreation Area Fees › Rule 561-16.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Commission"
means the natural resource
				commission.
"Department"
means the department of natural
				resources.
"Director"
means the director of the department of
				natural resources.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 16 - State Park and Recreation Area Fees › Rule 561-16.2 - Camping, Rental Facilities, Vessel Storage, and Other Special Privileges-fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fee
			 methodology.
The director or the director's designee shall fix and
			 publish on the department's website base fees for camping, the use of rental
			 facilities, vessel storage and other special privileges at state parks and
			 recreation areas under the jurisdiction of the department and the commission.
			 The director or the director's designee may increase, reduce, or waive the base
			 fees on a case-by-case basis in order to take advantage of marketing
			 opportunities so as to encourage maximum use of state facilities. The director
			 or the director's designee may consider the following factors when establishing
			 and when adjusting base fees:
a. The specific
			 park's or recreation area's amenities.
b. The size and features of a particular
			 campsite or rental facility.
c. Use
			 of campsites, rental facilities, or other special privileges.
d. Day of the week, season of the year,
			 holidays, or other noteworthy occasions or special events.
e. Cost of operations.
f. Other considerations that the director or
			 the director's designee deems appropriate.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.2 - Application and Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Production of oil, gas, or metallic minerals.
Prior to
			 commencement of operations, including the drilling of any well, an application
			 on a form prescribed by the department shall be delivered to the director for a
			 permit to drill, deepen, or plug back any well for oil, or gas or metallic
			 mineral production. The application for each well shall be accompanied by a fee
			 of $50, and an organization report and a bond must be on file in the department
			 or must accompany the application.
An accurate plat, map, or sketch prepared by a licensed
				surveyor or engineer must accompany the application. The plat shall be drawn
				neatly and to scale and shall show the distance from the two nearest lease
				lines and from the two nearest section lines, and from the nearest completed or
				drilling wells on the same lease.
The department shall not issue a permit to drill if the
				application is not properly completed or if a well drilled at the location
				applied for would cause or tend to cause waste or violate correlative rights.
				The applicant may appeal the decision of the department to the environmental
				protection commission in accordance with 567-Chapter 7.
Unless extended in writing by the department, the permit shall
				expire six months from the date of issue if the work for which the permit was
				issued is not being actively pursued.
(2)
Stratigraphic test
			 wells.
Before commencing exploratory drilling for geological
			 information relating to oil, gas, or metallic mineral production, or the
			 underground storage of natural gas, an application for a drilling permit shall
			 be filed with the director. One application may be filed for a group or series
			 of exploratory wells within a designated area. The application shall be
			 accompanied by a plat of the general area to be covered by township and range
			 listing the approximate number and depth of the holes, and outlining the
			 parcels where drilling is contemplated. The plat shall indicate the nature of
			 the applicant's property interest in each parcel where drilling is
			 contemplated. The application shall be accompanied by a fee of $200. The
			 applicant shall comply with the requirements in rules 561-17.4 (458A) and
			 561-17.5 (458A) concerning organization reports and bonding.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.3 - Transfer of Drilling Permits

Current through Register Vol. 47, No. 3, July 24, 2024
No person to whom a permit has been issued shall transfer the
				permit to any other location or to any other person until the following
				requirements have been complied with and the transfer has been approved by the
				department.
(1)
Transfer to
			 another location.
If, prior to the drilling of a well, the person to
			 whom the permit was originally issued desires to change the location, the
			 person shall submit a letter so stating and another application properly filled
			 out showing the new location. No additional fee is necessary, but drilling
			 shall not be started until the transfer has been approved and the new permit
			 posted at the new location.
(2)
Transfer to another person.
If, while a well is drilling, or
			 after it has been completed, the person to whom the permit was originally
			 issued disposes of the person's interest in the well, the person shall submit a
			 written statement to the department setting forth the facts and requesting that
			 the permit be transferred to the person who has acquired the well.
(3)
Statement of responsibility and
			 bond.
Before the transfer of a drilling permit shall be approved, the
			 person who has acquired the well must submit a written statement setting forth
			 that the person has acquired such well and assumes the full responsibility for
			 its operation and abandonment in conformity with the laws of Iowa and the rules
			 and orders of the department. The bond required to guarantee compliance
			 therewith shall be furnished by the person acquiring such well.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.4 - Organization Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Unless accepted by an order of the department, every person
				acting as a principal or agent for another or independently engaged in the
				production, storage, transportation (except railroad), refining, reclaiming,
				treating, marketing, or processing of oil or gas, or engaged in the exploration
				for or production of metallic minerals, shall file with the department on a
				form prescribed by the department: the name under which the business is being
				operated or conducted; the name and post office address of the person, the
				business or businesses in which engaged; the plan of organization, and in case
				of a corporation, the law under which it is chartered; and the names and post
				office addresses of any persons acting as trustees together with the names of
				the manager, agent or executive thereof, and the names and post office
				addresses of officers thereof. In the event that business is conducted under an
				assumed name, the report shall show the names and post office addresses of all
				owners in addition to the other information required.
Immediately after any change occurs as to facts stated in the
				report filed, a supplementary report shall be filed with the department with
				respect to the change.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.5 - Bond

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall, except as hereinafter provided, require
				from the owner or operator a good and sufficient bond in the sum of $15,000 in
				favor of the state of Iowa, conditioned that the well shall be operated and
				repaired and, upon abandonment, shall be plugged in accordance with the laws of
				the state of Iowa and the rules and orders of the department. Said bond shall
				remain in force and effect until the plugging of said well is approved and the
				bond is released by the department. In lieu of the bond relating to individual
				wells, any owner or operator may file with the department a good and sufficient
				blanket bond in the sum of $30,000 covering all wells drilled or to be drilled
				in the state of Iowa by the principal in said bond, and the acceptance and
				approval by the department of the blanket bond shall be in full compliance with
				the above provisions requiring an individual well bond. Bond or bonds shall be
				by a corporate surety authorized to do business in the state of Iowa or in
				cash.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.7 - Identification of Wells

Current through Register Vol. 47, No. 3, July 24, 2024
Every producible well shall be identified by a sign, posted on
				the derrick or not more than 20 feet from the well. Such signs shall be of
				durable construction and the lettering thereon shall be kept in a legible
				condition and shall be large enough to be legible under normal conditions at a
				distance of 50 feet. The wells on each lease or property shall be numbered in
				nonrepetitive, logical, and distinctive sequence, unless some other system of
				numbering was adopted by the owner prior to the adoption of these rules. Each
				sign shall show the number of the well, the name of the lease (which shall be
				different or distinctive for each lease), the name of the lessee, owner, or
				operator, the permit number, and the location by quarter, section, township,
				and range. The signs shall be displayed for each drilling well when so required
				by the department.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.8 - Surface Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Meter fittings.
Meter fittings of adequate size to measure the
			 gas efficiently for the purpose of obtaining gas-oil ratios shall be installed
			 on the gas vent line of every separator or proper connections made for orifice
			 well tester. Wellhead equipment shall be installed and maintained in
			 first-class condition so that static bottom hole pressures may be obtained at
			 any time by the duly authorized agents of the department after notification of
			 the operator. Valves shall be installed so that pressures can be readily
			 obtained on both casing and tubing.
(2)
Chokes or beans.
All
			 flowing wells shall be equipped with adequate chokes or beans, to properly
			 control the flow thereof.
(3)
Oil and gas separators.
All flowing oil wells must be produced
			 through an approved oil and gas separator.
(4)
Dikes.
When it is deemed
			 necessary by the director to protect life, health, or property, the department
			 may require any lease or oil storage tanks to be surrounded by an earthen dike
			 which shall have a capacity of one and one-half times the capacity of the tank
			 or tanks it surrounds, which dike shall be continually maintained; and the
			 reservoir within shall be kept free from vegetation, water, or oil.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.9 - Deviation

Current through Register Vol. 47, No. 3, July 24, 2024
No well may be intentionally directionally deviated from the
				vertical without the written approval of the department. Deviation is permitted
				without special permission for short distances, to straighten the hole,
				sidetrack junk, or correct other mechanical difficulties. The maximum point at
				which a well penetrates the producing formation shall not vary unreasonably
				from the vertical drawn from the center of the hole at the surface. Directional
				surveys may be required by the department whenever the location of the bottom
				of the well is in doubt. When necessary to protect correlative rights, the
				department shall require that the well be straightened.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.10 - Vacuum Pumps Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
The use of vacuum pumps or other devices for the purpose of
				putting a vacuum on any gas or oil-bearing stratum is prohibited unless
				authorized by an order of the department upon notice and
				hearing.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.11 - Notification of Fire, Breaks, Leaks, or Blowouts

Current through Register Vol. 47, No. 3, July 24, 2024
All persons controlling or operating any oil and gas wells or
				pipelines, or receiving tanks, storage tanks, or receiving and storage
				receptacles into which crude oil is produced, received, or stored, or through
				which oil or gas is piped or transported, shall notify the department of fire,
				breaks, leaks or blowouts as soon as possible but not later than six hours
				after the incident occurs or is discovered, in accordance with Iowa Code
				section
				455B.386.
				A written report, giving full details concerning all fires which occur at such
				oil or gas wells or tanks or receptacles on their property, all tanks or
				receptacles struck by lightning and any other fire which destroys oil or gas,
				and any breaks or leaks in or from tanks or receptacles and pipelines from
				which oil or gas is escaping or has escaped shall be submitted to the
				department within 30 days. In all reports of fires, breaks, leaks, or escapes,
				or other accidents of this nature, the location of the well, tank, receptacle,
				or line break shall be given by section, township, range, and property so that
				the exact location thereof can be readily located on the ground. The report
				shall likewise specify what steps have been taken or are in progress to remedy
				the situation reported, and shall detail the quantity of oil or gas lost,
				destroyed, or permitted to escape. In case any tank or receptacle is permitted
				to run over, the escape thus occurring shall be reported as in the case of a
				leak.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.12 - Producing From Different Pools Through the Same Casing String or Multiple Completion of Wells

Current through Register Vol. 47, No. 3, July 24, 2024
No well shall be permitted to produce either oil or gas from
				different pools through the same string of casing. The multiple-zone completion
				of any well may be authorized only by special order of the department upon
				notice and hearing.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.13 - Commingling of Production Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
The production from one pool shall not be commingled with that
				from another pool in the same field before delivery to a purchaser, unless
				otherwise ordered by the department.