reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.9 - Panel Review

Current through Register Vol. 47, No. 3, July 24, 2024
The licensee may seek review of the proposed civil penalty by
				filing a request for review within 14 days of receipt of the notice of
				assessment. The request for review shall be served in writing by regular mail
				upon the chairperson of the panel and the department. The request for review
				shall contain a concise statement of the reasons why a civil penalty should not
				be assessed or why it should be assessed at a lesser amount than that proposed
				by the department. Within 7 days of receipt of the request for review, the
				department shall forward its report to the panel.
Within 14 days of receipt of the department's report, the
				chairperson shall schedule a meeting of the panel in Des Moines at the Henry A.
				Wallace Building or telephonically, and copies of the request for review and
				the department's report shall be provided to the panel.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.10 - Scope of Panel Review

Current through Register Vol. 47, No. 3, July 24, 2024
The panel shall confine its review to the licensee's request
				for review and the department's report. The department's investigative file or
				parts thereof may be made available upon request. The department shall also
				make available, upon request, records which are otherwise confidential under
				Iowa Code section
				22.7,
				203.16,
				or
				203C.24.
				The review may be in closed session pursuant to Iowa Code section
				21.5. The
				department's reports shall be considered confidential records. The panel
				members shall maintain the confidentiality of records made available to the
				panel.
The panel's review shall not be a contested case hearing. The
				panel shall not have power to examine or cross-examine witnesses, nor shall it
				have power to subpoena witnesses or documents.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.11 - Panel Response

Current through Register Vol. 47, No. 3, July 24, 2024
The panel shall respond in writing to the licensee and the
				department within 30 days of meeting to review the proposed penalty. The
				panel's response may include recommendations that the proposed civil penalty be
				increased, decreased, that no penalty be assessed, or that conditions be placed
				upon the license.
If the licensee does not respond to the department's notice of
				proposed penalty, the department shall seek review of its proposed civil
				penalty by submitting its report to the panel. Upon receipt of the report, the
				chairperson shall schedule a meeting and the provisions of 21-95.9 (203,203C)
				shall apply.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.12 - Civil Penalty Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
If the licensee fails to pay the recommended civil penalty
				within 30 days of receipt of the panel's response, the department may seek
				either administrative or judicial assessment of the penalty. The amount of
				civil penalty sought shall not exceed that recommended by the panel. The
				panel's response may be used as evidence in an administrative hearing or civil
				case except to the extent that the response contains information considered
				confidential pursuant to Iowa Code section
				22.7,
				203.16,
				or
				203C.24.
Upon finding that the licensee has violated Iowa Code chapter
				203 or 203 C or the rules promulgated thereunder, an order shall be issued
				assessing the civil penalty. The order shall recite the facts, the legal
				requirements violated, the rationale for assessment of the civil penalty and
				the date of issuance.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.13 - Judicial Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
The department may seek judicial assessment of civil penalties
				by requesting that the attorney general file an action in Iowa district court
				to seek assessment of the penalty. In requesting that the attorney general file
				an action seeking civil penalties, the department may also request that the
				attorney general seek other relief, such as issuance of an
				injunction.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 95 - Civil Penalties › Rule 21-95.14 - Civil Penalty Payment

Current through Register Vol. 47, No. 3, July 24, 2024
A civil penalty shall be paid within 30 days from the date that
				an order or judgment for the penalty becomes final. In an administrative
				assessment, the order is not final until all judicial review processes are
				completed. In a judicial assessment, the judgment is not final until the right
				of appeal is exhausted.
A person who fails to timely pay a civil penalty shall pay, in
				addition to the penalty, interest at the rate of one and one-half percent on
				the unpaid balance of the assessed penalty for each month or part of a month
				that the penalty remains unpaid.
Moneys collected in civil penalties through settlement or
				administrative or judicial proceedings shall be deposited in the general fund
				of the state.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.3 - National Criminal History Record Check

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Disqualifying offenses.
a. An applicant shall not be convicted of, or
			 plead guilty to, a disqualifying felony offense. All applicants shall be
			 subject to a background investigation conducted by the department of public
			 safety, including but not limited to a national criminal history record
			 check.
b. The department or the
			 department of public safety may request additional information to complete a
			 background investigation and national criminal history background check. An
			 applicant or authorized representative shall respond within 30 days to any
			 request for additional information. Failure to timely respond shall result in a
			 denial of the license application.
c. The department may deny any application
			 for good cause.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.4 - Licensee Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Planting report.
a.
Outdoor planting report.
Within 14 days after planting an
			 outdoor hemp crop, the authorized representative shall submit a planting report
			 to the department. The planting report does not constitute the required
			 preharvest report. The planting report shall be on a form prepared and
			 distributed by the department that shall include, but is not limited to:
(1) The authorized representative's full name
			 and contact information.
(2) The
			 license number.
(3) The anticipated
			 harvest date.
(4) An updated
			 detailed map depicting any changes.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.5 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall impose, assess, and collect fees, which
				shall be paid by a licensee. All fees shall be collected by the department
				before the department takes any action for which the fee is applicable. All
				fees are nonrefundable. All inspection fees shall include the collection of an
				official sample and an official laboratory test of that sample. Fees are set as
				follows:
TABLE 1
CROP SITE LICENSE FEES
Acres
License Fee
0 - 5
$500 + $5 per acre
Paid at application
5.1 - 10
$750 + $5 per acre
10.1 - 40
$1,000 + $5 per acre
TABLE 2
INSPECTION FEES
Primary Inspection Fee
$500
Paid at application
Secondary Inspection Fee
$500
Paid upon inspection request
Supplemental Inspection Fee
$150
Paid upon inspection request
Remediation Inspection Fee
$500
Paid upon inspection request
TABLE 3
RETESTING FEE
Retesting Fee
$150
Paid upon retesting request
(1)
Fees
			 paid at time of license application.
The license fee and primary
			 inspection fee shall be paid prior to acceptance of a license application.
			 License fees shall be based on the number of acres in a crop site. A primary
			 inspection fee shall secure a preharvest inspection of one lot or
			 sub-lot.
(2)
Fees for
			 preharvest inspection of additional hemp lots and sub-lots.
A licensee
			 may request official sampling of additional lots and sub-lots. All inspection
			 fees shall be paid prior to performance of any official test.
a. If the additional preharvest inspection is
			 to occur at the same time as the primary preharvest inspection, then a
			 supplemental inspection fee shall be paid for each additional lot or sub-lot to
			 be inspected.
b. If the additional
			 preharvest inspection is to occur on a different day than the primary
			 preharvest inspection, then the licensee shall pay a secondary inspection fee
			 for the first lot or sub-lot to be inspected, and each lot or sub-lot after
			 that shall each be assigned a supplemental inspection fee.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.6 - Annual Review of Licensees to Ensure Licensure Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The authorized representative shall
			 certify the licensee has operated and will continue to operate in accordance
			 with Iowa Code chapter 204 by executing a certification of compliance as part
			 of the harvest report, by answering the following questions:
a. Have you operated in accordance with all
			 license requirements?
b. Has any of
			 the following information changed?
(1) The
			 authorized representative and all individual applicants' full names, titles,
			 residential addresses, phone numbers, or email addresses.
(2) Key participant title in the business
			 entity.
(3) The structure of or
			 ownership interests in the business entity.
c. Were the hemp acres at the crop site
			 reported to the FSA?
d. Have any
			 hemp plants been harvested or removed from the crop site prior to official
			 sampling and official testing?
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.7 - Sampling Procedures for Official Testing of Hemp for Thc Content

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The licensee
			 shall submit a preharvest report to the department at least 30 days prior to
			 the anticipated harvest date.
(2)
			 Official samples for official testing shall be collected by the department or a
			 third-party sampler designated by the department.
(3) The authorized representative, or
			 licensee, shall be present at any preharvest inspection and official sampling
			 of the crop site.
(4) The
			 department inspector will verify the geospatial location coordinates submitted
			 to the department.
(5) The licensee
			 must allow complete and unrestricted access to the crop site. If the licensee
			 fails to provide unrestricted access, an official sample will not be collected.
a. If cannabis plants are observed outside of
			 the crop site boundaries, the department shall notify law
			 enforcement.
b. If the department
			 inspector suspects that the licensee harvested hemp plants prior to official
			 sampling, the department inspector will immediately cease official sampling and
			 notify the Iowa hemp program administrator. The Iowa hemp program administrator
			 shall determine how to proceed with an investigation, seeking law enforcement
			 assistance as necessary.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.8 - Approved Testing Methods of Hemp for Thc Content

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department laboratory shall be the
			 only official laboratory for analyzing official samples from licensed crop
			 sites in Iowa.
(2) An appropriate
			 chain of custody will be maintained at all times, and the information from the
			 sampling form will be input into the department laboratory information
			 management system.
(3) The official
			 samples will be dried, the stem and seed will be separated from floral material
			 and discarded, and the floral material will be ground.
(4) The ground floral material will be tested
			 for THC content.
a. Any remaining floral
			 material will be retained by the department for three months.
b. If a licensee requests a single retest of
			 a lot or sub-lot, the department shall retest any remaining floral
			 material.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.9 - Harvesting Timing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensee
			 shall not harvest any portion of a hemp crop unless the department has
			 officially sampled the lot to be harvested.
(2) The licensee may begin harvesting the
			 corresponding lots and sub-lots upon receiving a temporary harvest and
			 transportation permit. The temporary harvest and transportation permit will
			 expire once a certificate of analysis, or destruction order, is issued.
a. Prior to receiving the temporary harvest
			 and transportation permit, the licensee shall designate a storage site for the
			 hemp crop. The licensee shall ensure that the department has unrestricted
			 access to the crop at all times, including, if necessary, to fulfill an order
			 of destruction. The harvested crop shall remain at the designated storage site
			 until a certificate of analysis, or order of destruction, is issued.
b. The designated storage site must be within
			 the state of Iowa.
c. All harvested
			 lots and sub-lots shall be stored in a manner that preserves identity,
			 regardless of the form, condition, or location of the crop. There shall be no
			 commingling of separate harvested hemp lots.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.10 - Order of Destruction

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If the
			 official laboratory test does not result in an acceptable hemp THC
			 concentration, the department shall order the destruction of the hemp crop to
			 occur as ordered by the department.
(2) If any official test exceeds acceptable
			 hemp THC concentration, the department shall notify the department of public
			 safety, local law enforcement, and the United States Department of Agriculture
			 (USDA) hemp administrator.
(3) If
			 any official test exceeds 0.5 percent THC on a dry weight basis, the department
			 shall notify the department of public safety, local law enforcement, the USDA
			 hemp administrator, and the United States attorney general.
(4) If any official test result exceeds 2.0
			 percent THC on a dry weight basis, the department shall notify the department
			 of public safety, local law enforcement, the USDA hemp administrator, the
			 United States attorney general, the county attorney, and the Iowa attorney
			 general.
(5) Failure to harvest any
			 portion of a hemp lot 15 or more days after the lot was officially sampled may
			 result in the issuance of an order of destruction.
(6) The department may require the licensee
			 to utilize a reverse distributor for destruction.
(7) The department shall notify the USDA hemp
			 administrator when the destruction is complete.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.11 - Negligent Violations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Negligent violations shall include but are not limited to:
a. The production of hemp that exceeds the
			 acceptable hemp THC concentration but is less than 0.5 percent THC on a dry
			 weight basis.
b. Failure to submit
			 required reports within mandated submission deadlines.
c. Failure to provide a legal description of
			 the land on which the licensee produces hemp. The department may determine
			 additional negligent violations as needed.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 96 - Hemp › Rule 21-96.12 - Negligent Violation Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The department shall require the completion of a corrective action plan for
			 negligent violations. A licensee shall submit a corrective action plan to the
			 department for consideration and approval. A corrective action plan shall
			 consist of the following:
a. A reasonable
			 time period, approved by the department, for correcting a negligent violation.
			 Failure to correct a negligent violation within the reasonable time period
			 shall be considered an additional negligent violation.
b. A proposed schedule for the licensee to
			 submit periodic compliance reports to the department, when applicable. The
			 duration for the ongoing compliance reports shall not be less than two calendar
			 years following the violation.
c.
			 Any other requirement established by the department.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 1 - Regions of Representation for State Soil Conservation and Water Quality Committee Farmer Members › Rule 27-1.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter delineates the regional boundaries from which
				  the six farmer members of the state soil conservation and water quality
				  committee shall be appointed. The three members representing the mining
				  industry, cities and towns, and tree farming shall be selected from the state
				  at large.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 1 - Regions of Representation for State Soil Conservation and Water Quality Committee Farmer Members › Rule 27-1.2 - Regions of Representation

Current through Register Vol. 47, No. 3, July 24, 2024
The farmer members of the state soil conservation and water
				  quality committee shall be selected from the northwest, north central,
				  northeast, southwest, south central, and southeast regions of the state.
(1)
Northwest region.
The
				northwest region shall contain the counties of Buena Vista, Calhoun, Cherokee,
				Clay, Dickinson, Emmet, Ida, Lyon, O'Brien, Osceola, Palo Alto, Plymouth,
				Pocahontas, Sac, Sioux, and Woodbury.
(2)
North central region.
The north central region shall contain the counties of Boone, Butler, Cerro
				Gordo, Floyd, Franklin, Grundy, Hamilton, Hancock, Hardin, Humboldt, Kossuth,
				Marshall, Mitchell, Story, Tama, Webster, Winnebago, Worth, and
				Wright.
(3)
Northeast
				region.
The northeast region shall contain the counties of Allamakee,
				Benton, Black Hawk, Bremer, Buchanan, Chickasaw, Clayton, Delaware, Dubuque,
				Fayette, Howard, Jackson, Jones, Linn, and Winneshiek.
(4)
Southwest region.
The
				southwest region shall contain the counties of Adair, Adams, Audubon, Carroll,
				Cass, Crawford, Fremont, Greene, Guthrie, Harrison, Mills, Monona, Montgomery,
				Page, Pottawattamie, Shelby, and Taylor.
(5)
South central region.
The south central region shall contain the counties of Appanoose, Clarke,
				Dallas, Decatur, Jasper, Lucas, Madison, Mahaska, Marion, Monroe, Polk,
				Poweshiek, Ringgold, Union, Warren, and Wayne.
(6)
Southeast region.
The
				southeast region shall contain the counties of Cedar, Clinton, Davis, Des
				Moines, Henry, Iowa, Jefferson, Johnson, Keokuk, Lee, Louisa, Muscatine, Scott,
				Van Buren, Wapello, and Washington.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 2 - Operation of State Soil Conservation and Water Quality Committee › Rule 27-2.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter governs the conduct of business by the state
				  soil conservation and water quality committee. Rule-making proceedings held as
				  part of committee meetings and contested case proceedings involving the
				  committee are consistent with Iowa Code chapter 17A.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 2 - Operation of State Soil Conservation and Water Quality Committee › Rule 27-2.2 - Time of Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The committee meets quarterly. The chairperson or a majority
				  of the committee may establish meetings at more frequent
				  intervals.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 2 - Operation of State Soil Conservation and Water Quality Committee › Rule 27-2.3 - Place of Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
Meetings are held in the Henry A. Wallace Building, 900 East
				  Grand Avenue, Des Moines, Iowa, or at other locations as appropriate. The
				  meeting place will be specified in the agenda.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 2 - Operation of State Soil Conservation and Water Quality Committee › Rule 27-2.4 - Notification of Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The director of the soil conservation division shall provide
				  public notice of all meeting dates, locations, and tentative agenda.
(1)
Form of notice.
Notice
				of meetings is given by posting the tentative agenda and by distribution upon
				request. The agenda lists the time, date, place, and topics to be discussed at
				the meeting. The agenda shall include an opportunity for the public to address
				the committee on any issue related to the duties and responsibilities of the
				committee, except as otherwise provided in these rules.
(2)
Posting of agenda.
The
				tentative agenda for each meeting will be posted at the division's offices on
				the second floor, Henry A. Wallace Building, normally at least five days prior
				to the meeting. The agenda will be posted at least 24 hours prior to the
				meeting, unless, for good cause such notice is impossible or impractical, in
				which case as much notice as is reasonably possible will be given.
(3)
Distribution of agenda.
Agenda will be mailed to anyone who files a request with the director. The
				request should state whether the agenda for a particular meeting is desired, or
				whether the requester desires to be on the division's mailing list to receive
				the agenda for all meetings of the state soil conservation and water quality
				committee.
(4)
Amendment to
				agenda.
Any amendments to the agenda after posting and distribution
				under subrules 2.4(2) and 2.4(3) will be posted, but will not be mailed. The
				amended agenda will be posted at least 24 hours prior to the meeting, unless
				for good cause such notice is impossible or impractical, in which case as much
				notice as is reasonably possible will be given. The committee may adopt
				amendments to the agenda at the meeting only if good cause exists requiring
				expeditious discussion or action on such matters. The reasons and circumstances
				necessitating such agenda amendments, or those given less than 24 hours' notice
				by posting, shall be stated in the minutes of the meeting.
(5)
Supporting material.
Written materials provided to the committee with the agenda may be examined and
				copied as provided in the public information rules of the department. The
				director may require a fee to cover the reasonable cost to the division to
				provide the copies, in accordance with rules of the department.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 2 - Operation of State Soil Conservation and Water Quality Committee › Rule 27-2.5 - Attendance and Participation by the Public

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Attendance.
All meetings
				are open to the public. The committee may exclude the public from portions of
				the meeting only in accordance with Iowa Code section
				21.5.
(2)
Participation.
a.
Items on agenda.
Presentations to the committee may be made at the discretion of the
				chairperson.
b.
Items not
				on agenda.
Iowa Code section
				21.4 requires the
				committee to give notice of its agenda. The committee will not take action on a
				matter not on the agenda, except in accordance with subrule 2.4(4).
				Presentations to the committee on subjects not on the agenda may be made at the
				discretion of the chairperson. Persons who wish the committee to take action on
				a matter not on the agenda should file a request with the director to place
				that matter on the agenda of a subsequent meeting.
c.
Meeting decorum.
The
				chairperson may limit participation as necessary for the orderly conduct of
				agency business.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 2 - Operation of State Soil Conservation and Water Quality Committee › Rule 27-2.6 - Quorum and Voting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Quorum.
A majority of the voting members of the committee
				constitutes a quorum.
(2)
Voting.
The concurrence of a majority of the committee members
				is required to determine any matter before the committee for action, except for
				a vote to close a meeting which requires the concurrence of two-thirds of the
				members of the committee present.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 2 - Operation of State Soil Conservation and Water Quality Committee › Rule 27-2.7 - Conduct of Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Meetings will be conducted in accordance with
				Robert's Rules of Order unless otherwise provided in these rules. Voting shall
				be by voice or by roll call. Voting shall be by voice unless a voice vote is
				inconclusive, a member of the committee requests a roll call, or the vote is on
				a motion to close a portion of a meeting. The chairpersons shall announce the
				result of the vote.
(2)
Voice votes.
All committee members present should respond when
				a voice vote is taken. The response shall be aye, nay, or abstain.
a. All members present shall be recorded as
				voting aye on any motions when there are no nay votes or abstentions
				heard.
b. Any member who abstains
				shall state at the time of the vote the reason for abstaining. The abstention
				and the reason for it shall be recorded in the minutes.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 2 - Operation of State Soil Conservation and Water Quality Committee › Rule 27-2.8 - Minutes, Transcripts, and Recordings of Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Recordings.
The director
				shall record by mechanized means each meeting and shall retain the recording
				for at least one month. Recordings of closed sessions shall be sealed and
				retained at least one year.
(2)
Transcripts.
The division does not routinely prepare
				transcripts of meetings. The division will have transcripts of meetings, except
				for closed sessions, prepared upon receipt of a request for a transcript and
				payment of a fee to cover the cost to the division of preparing the
				transcript.
(3)
Minutes.
The director shall keep minutes of each meeting.
				Minutes shall be reviewed and approved by the committee and retained
				permanently by the director. The approved minutes shall be signed by the
				director and the committee chairperson.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 2 - Operation of State Soil Conservation and Water Quality Committee › Rule 27-2.9 - Officers and Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Officers.
The officers of the committee are the chairperson
				and the vice chairperson.
(2)
Duties.
The chairperson shall preside at the meetings and
				shall exercise the powers conferred upon the chairperson. The vice chairperson
				shall perform the duties of the chairperson when the chairperson is absent or
				when directed by the chairperson.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 2 - Operation of State Soil Conservation and Water Quality Committee › Rule 27-2.10 - Election and Succession of Officers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Elections.
Officers
				shall be elected annually during June and shall assume office effective July
				1.
(2)
Succession.
a. If the chairperson does not serve out the
				elected term, the vice chairperson shall succeed the chairperson for the
				remainder of the term. A special election shall be held to elect a new vice
				chairperson to serve the remainder of the term.
b. If the vice chairperson does not serve out
				the elected term, a special election shall be held to elect a new vice
				chairperson to serve the remainder of the term.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.1 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(agency name)" insert "the Division of
				  Soil Conservation and Water Quality, Department of Agriculture and Land
				  Stewardship".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Insert the following definitions in alphabetical
				  order:
"Committee"
means the state soil
				  conservation and water quality committee established at Iowa Code section
				  161A.4.
"Department"
means the department of
				  agriculture and land stewardship.
"Director"
means the director of the
				  division of soil conservation and water quality, department of agriculture and
				  land stewardship.
"Division"
means the division of soil
				  conservation and water quality, department of agriculture and land
				  stewardship.
"Secretary"
means the Iowa secretary of
				  agriculture.
In lieu of the words "(designate official)" insert "person
				  designated by the director to preside over a contested case including, but not
				  limited to, an administrative law judge with the department of inspections and
				  appeals". In lieu of the words "(agency name)" insert "the division of soil
				  conservation and water quality, department of agriculture and land
				  stewardship".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.4 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the first paragraph, insert "Any person claiming
				  an entitlement to a contested case proceeding shall file a written request for
				  such a proceeding within the time specified by the particular rules or statutes
				  governing the subject matter or, in the absence of such law, the time specified
				  in the agency action in question. If no time is specified in the agency action
				  and there is no applicable rule or statute, then the written request for a
				  contested case proceeding shall be filed in writing within 30 calendar days of
				  the action or notice of the intended action the person wishes to
				  contest."
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Delete the
				words "(or such other time period the agency designates)".
(2) Delete the words "(or its designee)".
				Delete paragraphs "c" and "i" and reletter the subsequent paragraphs.
(3) Delete the subrule and insert "The agency
				shall issue a written ruling specifying the grounds for its decision within 20
				days after a request for an administrative law judge is filed."
(4) Delete the subrule and renumber the
				subsequent subrules.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(3) In lieu of the words "(specify office and
				address)" insert "Director's Office, Division of Soil Conservation and Water
				Quality, Department of Agriculture and Land Stewardship, Wallace State Office
				Building, East Ninth and Grand, Des Moines, Iowa 50319". In lieu of the words
				"(agency name)" insert "division".
(4) In lieu of the words "(designate office)"
				insert "director's office".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.15 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(4) Delete the
				words "(or other time period designated by the agency)".
(5) In lieu of the words "(45 days)" insert
				"45 days". In lieu of the words "(15 days)" insert "15 days". In lieu of the
				words "(20 days)" insert "20 days".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.16 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Delete
				the words "(or other time period designated by the agency)". In lieu of the
				words "(designate office)" insert "presiding officer".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.23 - Ex Parte Communication

Current through Register Vol. 47, No. 3, July 24, 2024
(8)
				In lieu of the words "(or disclosed)" insert "or disclosed".
(10) In lieu of the words "(agency to
				designate person to whom violations should be reported)" insert "the division
				director or the director's designee".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(board, commission, director)" insert
				  "director or the director's designee". In lieu of the words "(of the presiding
				  officer)" insert "of the presiding officer". Delete the words "(or other time
				  period designated by the agency)".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of
				the words "(the agency) (or a quorum of the agency)" insert "the
				division".
(2) In lieu of the words
				"(agency name)" insert "division".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of
				the words "(board, commission, director)" insert "director or the director's
				designee". Delete the words "(or other time period designated by the
				agency)".
(2) In lieu of the words
				"(board, commission, director)" insert "director or the director's designee".
				Delete the words "(or other time period designated by the agency)".
(3) In lieu of the words "(agency name)"
				insert "division".
(4) Delete the
				words "(or other time period designated by the agency)". In lieu of the words
				"(board, commission, director)" insert "director or the director's
				designee".
(5) In lieu of the words
				"(agency name)" insert "division".
(6) Delete the words "(or other time period
				designated by the agency)". In lieu of the words "(board, commission,
				director)" insert "director or the director's designee".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(3) In lieu
				of the words "(agency name)" insert "division".
(4) In lieu of the words "(agency name)"
				insert "division".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 3 - Contested Case Proceedings and Practice › Rule 27-3.29 - Stays of Agency Action

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of
				the words "(agency name)" insert "division". In lieu of the words "(board,
				commission, director)" insert "director or the director's designee".
(2) In lieu of the words "(board, commission,
				director, as appropriate)" insert "director or the director's
				designee".
(3) In lieu of the words
				"(agency name)" insert "division".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 4 - Declaratory Orders › Rule 27-4.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate agency)" the first time the
				  words are used, insert "division of soil conservation and water quality,
				  department of agriculture and land stewardship (hereinafter referred to as "the
				  division")". In lieu of the words "(designate agency)" the subsequent times the
				  words are used, insert "division". In lieu of the words "(designate office)"
				  insert "Wallace State Office Building, East Ninth and Grand, Des Moines, Iowa
				  50319." In lieu of the words "(AGENCY NAME)" insert "DIVISION OF SOIL
				  CONSERVATION AND WATER QUALITY, DEPARTMENT OF AGRICULTURE AND LAND
				  STEWARDSHIP".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 4 - Declaratory Orders › Rule 27-4.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "________days (15 or less)" insert
				  "15
days". In lieu of the words "(designate agency)" insert
				  "division".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 4 - Declaratory Orders › Rule 27-4.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of the
				words "________days" insert "20 days".
(2) In lieu of the words "(designate agency)"
				insert "the division".
(3) In lieu
				of the words "(designate office)" insert "the division director's office". In
				lieu of the words "(designate agency)" insert "the division". In lieu of the
				words "(AGENCY NAME)" insert "DIVISION OF SOIL CONSERVATION AND WATER QUALITY,
				DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP". Delete paragraph "6" and
				insert in lieu thereof "6. A statement that the intervenor consents to be bound
				by the determination of the matters presented in the declaratory order
				proceeding."
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 4 - Declaratory Orders › Rule 27-4.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				  address)" insert "the Director of the Division of Soil Conservation and Water
				  Quality, Department of Agriculture and Land Stewardship, Wallace State Office
				  Building, East Ninth and Grand, Des Moines, Iowa 50319".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 4 - Declaratory Orders › Rule 27-4.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(2) In lieu of the words "(specify office and
				address)" insert "the Director of the Division of Soil Conservation and Water
				Quality, Department of Agriculture and Land Stewardship, Wallace State Office
				Building, East Ninth and Grand, Des Moines, Iowa 50319". In lieu of the words
				"(agency name)" insert "division".
(3) In lieu of the words "(uniform rule on
				contested cases X.12(17A))" insert "rule
				27-3.12
				(17A,161A)".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 4 - Declaratory Orders › Rule 27-4.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu
				of the words "(designate agency head)" insert "the director of the division of
				soil conservation and water quality".
(2) In lieu of the words and numbers
				"(contested case uniform rule X.2(17A))" insert "rule
				27-3.2
				(17A,161A)".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 4 - Declaratory Orders › Rule 27-4.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate agency)" insert "division".
				  Delete the words "(who consent to be bound)".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 5 - Agency Procedure for Rule Making › Rule 27-5.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the word "agency" insert "the division of soil
				  conservation and water quality, department of agriculture and land stewardship
				  (hereinafter referred to as "the division")".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 5 - Agency Procedure for Rule Making › Rule 27-5.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
				In lieu of the words "(commission, board, council, director)" insert "director
				of the division of soil conservation and water quality".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 5 - Agency Procedure for Rule Making › Rule 27-5.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
				lieu of the words "(identify office and address)" insert "the Director of the
				Division of Soil Conservation and Water Quality, Department of Agriculture and
				Land Stewardship, Wallace State Office Building, East Ninth and Grand, Des
				Moines, Iowa 50319".
(5) In lieu of
				the words "(designate office and telephone number)" insert "the division
				director's office at (515)281-6146"
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 5 - Agency Procedure for Rule Making › Rule 27-5.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Subrule 5.10(2) is deleted and subsequent subrules are
				  renumbered.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 5 - Agency Procedure for Rule Making › Rule 27-5.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of the words "(specify the office
				and address)" insert "the Director of the Division of Soil Conservation and
				Water Quality, Department of Agriculture and Land Stewardship, Wallace State
				Office Building, East Ninth and Grand, Des Moines, Iowa 50319".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 5 - Agency Procedure for Rule Making › Rule 27-5.13 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
				In lieu of the words "(agency head)" insert "director of the division of soil
				conservation and water quality".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 6 - Contracts for Public Improvements and Professional Services › Rule 27-6.1 - Contract Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All public
				improvements and professional services contracts with the division shall be
				awarded on a competitive basis to the maximum practical extent. All contracts
				shall be in written form and signed by the administrator.
(2) Exceptions for compliance with federal
				rules and guidelines. Whenever adherence to these contracting procedures would
				result in the loss of federal aid for any public improvement project or
				professional services project, the applicable rules or guidelines shall be
				followed to the extent necessary to qualify for the federal funds.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 6 - Contracts for Public Improvements and Professional Services › Rule 27-6.2 - Contracts for Public Improvements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
As used in these rules, "public improvement" means
				any building or construction work, including abandoned mined land reclamation
				and maintenance, to be paid for in whole or in part by the use of state funds.
				Iowa Code section
				73A.21,
				relating to reciprocal resident bidder preference, shall apply to division
				contracts for public improvements.
(2)
Invitation for bids.
When the total estimated cost of a public improvement project exceeds the sum
				of $100,000, the division shall advertise for sealed bids by posting a notice
				of "Invitation for Bids" on the department's Web site, a relevant contractor
				plan room service with statewide circulation and a relevant construction lead
				generating service with statewide circulation not less than 13 days prior to
				the date set for receiving bids. Plans, specifications and the contract form
				shall be provided to all prospective bidders as provided in the invitation for
				bids.
(3)
Invitation for
				bids.
The invitation for bids must state the following items:
a. The time and place for filing sealed
				proposals.
b. The time and place
				sealed proposals will be opened and considered on behalf of the
				division.
c. The location and
				general nature of the public improvement on which bids are requested.
d. The general terms when the work must be
				commenced and when it must be completed.
e. Any further information or requirements
				which the division deems pertinent or advisable.
All sealed bids shall be publicly opened as specified in the
				  invitation to bidders. The bids shall be tabulated and made available in a
				  written form to any interested party.