reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The department shall maintain a current
				public rule-making docket.
(2)
Anticipated rule making.
The rule-making docket shall list
				each anticipated rule-making proceeding. A rule-making proceeding is deemed
				"anticipated" from the time a draft of proposed rules is distributed for
				internal discussion within the department. For each anticipated rule-making
				proceeding, the docket shall contain a listing of the precise subject matter
				which may be submitted for consideration by the department for subsequent
				proposal under the provisions of Iowa Code section
				17A.4(1)
				 "a," the name and address of department
				personnel with whom persons may communicate with respect to the matter, and an
				indication of the present status within the agency of that possible rule. The
				department may also include in the docket other subjects upon which public
				comment is desired.
(3)
Pending rule-making proceedings.
The rule-making docket shall
				list each pending rule-making proceeding. A rule-making proceeding is pending
				from the time it is commenced, by publication in the Iowa Administrative
				Bulletin of a Notice of Intended Action pursuant to Iowa Code section
				17A.4(1)
"a,"
to the time it is
				terminated, by publication of a Notice of Termination in the Iowa
				Administrative Bulletin or the rule's becoming effective. For each rule-making
				proceeding, the docket shall indicate:
a. The
				subject matter of the proposed rule;
b. A citation to all published notices
				relating to the proceeding;
c.
				Where written submissions on the proposed rule may be inspected;
d. The time during which written submissions
				may be made;
e. The names of
				persons who have made written requests for an opportunity to make oral
				presentations on the proposed rule, where those requests may be inspected, and
				where and when oral presentations may be made;
f. Whether a written request for the issuance
				of a regulatory analysis, or a concise statement of reasons, has been filed;
				whether such an analysis or statement or a fiscal impact statement has been
				issued; and where any such written request, analysis, or statement may be
				inspected;
g. The current status of
				the proposed rule and any department determination with respect
				thereto;
h. Any known timetable for
				department decisions or other action in the proceeding;
i. The date of the rule's adoption;
j. The date of the rule's filing, indexing,
				and publication;
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35 days before the adoption of a rule, the
				department shall cause a Notice of Intended Action to be published in the Iowa
				Administrative Bulletin. The Notice of Intended Action shall include:
a. A brief explanation of the purpose of the
				proposed rule;
b. The specific
				legal authority for the proposed rule;
c. Except to the extent impracticable, the
				text of the proposed rule;
d.
				Where, when, and how persons may present their views on the proposed rule;
				and
e. Where, when, and how persons
				may demand an oral proceeding on the proposed rule if the notice does not
				already provide for one.
Where inclusion of the complete text of a proposed rule in
				  the Notice of Intended Action is impracticable, the department shall include in
				  the notice a statement fully describing the specific subject matter of the
				  omitted portion of the text of the proposed rule, the specific issues to be
				  addressed by that omitted text of the proposed rule, and the range of possible
				  choices being considered by the department for the resolution of each of those
				  issues.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of
				the Notice of Intended Action, persons may submit argument, data, and views, in
				writing, on the proposed rule. Such written submissions should identify the
				proposed rule to which they relate and should be submitted to the person
				designated in the Notice of Intended Action at the address designated in the
				Notice of Intended Action.
(2)
Oral proceedings.
The department may, at any time, schedule an
				oral proceeding on a proposed rule. The department shall schedule an oral
				proceeding on a proposed rule if, within 20 days after the published Notice of
				Intended Action, a written request for an opportunity to make oral
				presentations is submitted to the department by the administrative rules review
				committee, a governmental subdivision, an agency, an association having not
				less than 25 members, or at least 25 persons. That request must also contain
				the following additional information:
a. A
				request by one or more individual persons must be signed by each of them and
				include the address and telephone number of each of them.
b. A request by an association must be signed
				by an officer or designee of the association and must contain a statement that
				the association has at least 25 members and the address and telephone number of
				the person signing that request.
c.
				A request by an agency or governmental subdivision must be signed by an
				official having authority to act on behalf of the entity and must contain the
				address and telephone number of the person signing that request.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined in
				Iowa Code section
				17A.4A(7).
(2)
Mailing list.
Small
				businesses or organizations of small businesses may be registered on the
				department's small business impact list by making a written application
				addressed to the rules administrator The application for registration shall
				state:
a. The name of the small business or
				organization of small businesses;
b. Its address;
c. The name of a person authorized to
				transact business for the applicant;
d. A description of the applicant's business
				or organization. An organization representing 25 or more persons who qualify as
				a small business shall indicate that fact;
e. Whether the registrant desires copies of
				Notices of Intended Action at cost, or desires advance notice of the subject of
				all or some specific category of proposed rule making affecting small business.
The department may at any time request additional information
				  from the applicant to determine whether the applicant is qualified as a small
				  business or as an organization of 25 or more small businesses. The department
				  may periodically send a letter to each registered small business or
				  organization of small businesses asking whether that business or organization
				  wishes to remain on the registration list. The name of a small business or
				  organization of small businesses will be removed from the list if a negative
				  response is received, or if no response is received within 30 days after the
				  letter is sent.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				proposed rule that mandates additional combined expenditures exceeding $100,000
				by all affected political subdivisions, or agencies and entities which contract
				with political subdivisions to provide services shall be accompanied by a
				fiscal impact statement outlining the costs associated with the rule. A fiscal
				impact statement shall satisfy the requirements of Iowa Code section
				25B.6.
(2) If the department determines at the time
				it adopts a rule that the fiscal impact statement upon which the rule is based
				contains errors, the department shall, at the same time, issue a corrected
				fiscal impact statement and publish the corrected fiscal impact statement in
				the Iowa Administrative Bulletin.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
				department shall not adopt a rule until the period for making written
				submissions and oral presentations has expired. Within 180 days after the later
				of the publication of the Notice of Intended Action, or the end of oral
				proceedings thereon, the department shall adopt a rule pursuant to the
				rule-making proceeding or terminate the proceeding by publication of a notice
				to that effect in the Iowa Administrative Bulletin.
(2)
Consideration of public
				comment.
Before the adoption of a rule, the department shall consider
				fully all of the written submissions and oral submissions received in that
				rule-making proceeding or any memorandum summarizing such oral submissions, and
				any regulatory analysis or fiscal impact statement issued in that rule-making
				proceeding.
(3)
Reliance on
				agency expertise.
Except as otherwise provided by law, the department
				may use its own experience, technical competence, specialized knowledge, and
				judgment in the adoption of a rule.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
				shall not adopt a rule that differs from the rule proposed in the Notice of
				Intended Action on which the rule is based unless:
a. The differences are within the scope of
				the subject matter announced in the Notice of Intended Action and are in
				character with the issues raised in that notice; and
b. The differences are a logical outgrowth of
				the contents of that Notice of Intended Action and the comments submitted in
				response thereto; and
c. The Notice
				of Intended Action provided fair warning that the outcome of that rule-making
				proceeding could be the rule in question.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
				comment.
The department may adopt a rule without publishing advance
				Notice of Intended Action in the Iowa Administrative Bulletin and without
				providing for written or oral public submissions prior to its adoption pursuant
				to Iowa Code section
				17A.4(3)
"a"
when the statute so provides or with the approval of the
				administrative rules review committee.
(2)
Public proceedings on rules
				adopted without them.
The department may, at any time, commence a
				standard rule-making proceeding for the adoption of a rule that is identical or
				similar to a rule it adopts in reliance upon subrule 6.10(1). After a standard
				rule-making proceeding commenced pursuant to this subrule, the department may
				either readopt the rule it adopted without benefit of all usual procedures on
				the basis of subrule 6.10(1), or may take any other lawful action, including
				the amendment or repeal of the rule in question, with whatever further
				proceedings are appropriate.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested
				by a person, either prior to the adoption of a rule or within 30 days after its
				publication in the Iowa Administrative Bulletin as an adopted rule, the
				department shall issue a concise statement of reasons for the rule. Requests
				for such a statement must be in writing and be delivered to the Rules
				Administrator, Department of Administrative Services, Hoover State Office
				Building, Third Floor, Des Moines, Iowa 50319. The request should indicate
				whether the statement is sought for all or only a specified part of the rule.
				Requests will be considered made on the date received.
(2)
Contents.
The concise
				statement of reasons shall contain:
a. The
				reasons for adopting the rule;
b.
				An indication of any change between the text of the proposed rule contained in
				the published Notice of Intended Action and the text of the rule as finally
				adopted, with the reasons for any such change;
c. The principal reasons urged in the
				rule-making proceeding for and against the rule, and the department's reasons
				for overruling the arguments made against the rule.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule adopted by the department shall contain
				the text of the rule and, in addition:
a. The
				date the department adopted the rule;
b. A brief explanation of the principal
				reasons for the rule-making action if such reasons are required by Iowa Code
				section
				17A.4(1)
"b, "
or the department in its discretion decides to include
				such reasons;
c. A reference to all
				rules repealed, amended, or suspended by the rule;
d. A reference to the specific statutory or
				other authority authorizing adoption of the rule;
e. Any findings required by any provision of
				law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
				reasons for the failure to provide for waivers to the rule if no waiver
				provision is included and a brief explanation of any waiver or special
				exceptions provided in the rule if such reasons are required by Iowa Code
				section
				17A.4(1)
"b, "
or the department in its discretion decides to include
				such reasons; and
g. The effective
				date of the rule.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.13 - Department Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The department shall maintain an official
				rule-making record for each rule it proposes or adopts by publication in the
				Iowa Administrative Bulletin of a Notice of Intended Action. The rule-making
				record and materials incorporated by reference must be available for public
				inspection.
(2)
Contents.
The agency rule-making record shall contain:
a. Copies of all publications in the Iowa
				Administrative Bulletin with respect to the rule or the proceeding upon which
				the rule is based and any file-stamped copies of submissions to the
				administrative rules coordinator concerning that rule or the proceeding upon
				which it is based;
b. Copies of any
				portions of the department's public rule-making docket containing entries
				relating to the rule or the proceeding upon which the rule is based;
c. All written petitions, requests, and
				submissions received by the department, and all other written materials of a
				factual nature and distinguished from opinion that are relevant to the merits
				of the rule and that were created or compiled by the department and considered
				by the chief information officer, in connection with the formulation, proposal,
				or adoption of the rule or the proceeding upon which the rule is based, except
				to the extent the department is authorized by law to keep them confidential;
				provided, however, that when any such materials are deleted because they are
				authorized by law to be kept confidential, the department shall identify in the
				record the particular materials deleted and state the reasons for that
				deletion;
d. Any official
				transcript of oral presentations made in the proceeding upon which the rule is
				based or, if not transcribed, the stenographic record or electronic recording
				of those presentations, and any memorandum prepared by a presiding officer
				summarizing the contents of those presentations;
e. A copy of any regulatory analysis or
				fiscal impact statement prepared for the proceeding upon which the rule is
				based;
f. A copy of the rule and
				any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
				suspension of the rule;
h. A copy
				of any objection to the issuance of that rule without public notice and
				participation that was filed pursuant to Iowa Code section
				17A.4(2)
				 by the administrative rules review
				committee, the governor, or the attorney general;
i. A copy of any objection to the rule filed
				by the administrative rules review committee, the governor, or the attorney
				general pursuant to Iowa Code section
				17A.4(4),
				and any department response to that objection;
j. A copy of any significant written
				criticism of the rule, including a summary of any petitions for waiver of the
				rule; and
k. A copy of any
				executive order concerning the rule.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall file each rule it adopts in the office
				  of the administrative rules coordinator The filing must be executed as soon
				  after adoption of the rule as is practicable. At the time of filing, each rule
				  must have attached to it any fiscal impact statement and any concise statement
				  of reasons that was issued with respect to that rule. If a fiscal impact
				  statement or statement of reasons for that rule was not issued until a time
				  subsequent to the filing of that rule, the note or statement must be attached
				  to the filed rule within five working days after the note or statement is
				  issued. In filing a rule, the department shall use the standard form prescribed
				  by the administrative rules coordinator.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The department
				may make a rule effective after its filing at any stated time prior to 35 days
				after its indexing and publication in the Iowa Administrative Bulletin if it
				finds that a statute so provides, the rule confers a benefit or removes a
				restriction on some segment of the public, or that the effective date of the
				rule is necessary to avoid imminent peril to the public health, safety, or
				welfare. The department shall incorporate the required finding and a brief
				statement of its supporting reasons in each rule adopted in reliance upon this
				subrule.
(2)
Special
				notice.
When the department makes a rule effective prior to its
				indexing and publication in reliance upon the provisions of Iowa Code section
				17A.5(2)
"b
"(3), the department
				shall employ all reasonable efforts to make its contents known to the persons
				who may be affected by that rule prior to the rule's indexing and publication.
				The term "all reasonable efforts" requires the department to employ the most
				effective and prompt means of notice rationally calculated to inform
				potentially affected parties of the effectiveness of the rule that is justified
				and practical under the circumstances considering the various alternatives
				available for this purpose, the comparative costs to the department of
				utilizing each of those alternatives, and the harm suffered by affected persons
				from any lack of notice concerning the contents of the rule prior to its
				indexing and publication. The means that may be used for providing notice of
				such rules prior to their indexing and publication include, but are not limited
				to, any one or more of the following means: radio, newspaper, television,
				signs, mail, telephone, personal notices or electronic means.
A rule made effective prior to its indexing and publication
				  in reliance upon the provisions of Iowa Code section 17A.5(2)
"b
"(3) shall include in that rule a statement describing the
				  reasonable efforts that will be used to comply with the requirements of subrule
				  6.15(2).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The department shall
				maintain an official, current, and dated compilation that is indexed by
				subject, containing all of its general statements of policy within the scope of
				Iowa Code section
				17A.2(11)
"a," "c," "f," "g," "h,"
				"k."
Each addition to, change in, or deletion from the official
				compilation must also be dated, indexed, and a record thereof kept. Except for
				those portions containing rules governed by Iowa Code section
				17A.2(11)
"f,"
or otherwise
				authorized by law to be kept confidential, the compilation must be made
				available for public inspection and copying.
(2)
Enforcement of requirements.
				A
general statement of policy subject to the requirements of this
				subsection shall not be relied on by the department to the detriment of any
				person who does not have actual, timely knowledge of the contents of the
				statement until the requirements of subrule 6.16(1) are satisfied. This
				provision is inapplicable to the extent necessary to avoid imminent peril to
				the public health, safety, or welfare.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.17 - Review of Rules by Department

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				  17A.7(2)
				   beginning July 1, 2012, over each five-year
				  period of time, the department shall conduct an ongoing and comprehensive
				  review of the department's rules.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.1 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to contested case proceedings conducted
				  by the department of administrative services or by the division of
				  administrative hearings in the department of inspections and appeals on behalf
				  of the department. Excepted from this chapter are matters covered by rule
				  11-60.2
				  (8A), disciplinary actions; rule
				  11-61.1 (8A),
				  grievances; 11-subrule 61.2(6), appeal of disciplinary actions; rule
				  11-68.6
				  (19B), discrimination complaints, including disability-related and sexual
				  harassment complaints; matters covered by the grievance procedure in any
				  collective bargaining agreement with state employees; matters within the
				  exclusive jurisdiction of the workers' compensation commissioner; and matters
				  related to any of the department's vendors that administer group benefits if
				  the vendor has an established complaint or appeal procedure. Further, the
				  provisions of 11-Chapter 52, job classification, are exempt from subrules
				  7.5(4) to 7.5(7) and rules 11-7.6(8A,17A) and
				  11-7.8
				  (8A,17A).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Administrative law judge (AU)"
means an
				  employee of the administrative hearings division of the department of
				  inspections and appeals who presides over contested cases and other
				  proceedings.
"Contested case"
means a proceeding defined
				  by Iowa Code section
				  17A.2(5)
				   and includes any matter defined as a no
				  factual dispute contested case under Iowa Code section
				  17A.10A.
"Department"
means the department of
				  administrative services (DAS).
"Director "
means the director of the
				  department of administrative services or the director's designee.
"Division "
means the division of
				  administrative hearings of the department of inspections and appeals
				  (DIA).
"Ex parte "
means a communication, oral or
				  written, to the presiding officer or other decision maker in a contested case
				  without notice and an opportunity for all parties to participate.
"Filing"
is defined in subrule 7.12(4)
				  except where otherwise specifically defined by law.
"Issuance "
means the date of mailing of a
				  decision or order or date of delivery if service is by other means, unless
				  another date is specified in the order
"Party"
means a party as defined in Iowa
				  Code subsection
				  17A.2(8).
"Presiding officer "
means the
				  administrative law judge (ALJ) assigned to the contested case or, in the case
				  of an appeal pursuant to rule II-52.5(8A), the classification appeal committee
				  appointed by the director
"Proposed decision "
means the presiding
				  officer's recommended findings of fact, conclusions of law, and decision and
				  order in contested cases where the department did not
				  preside.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
				shall be computed as provided in Iowa Code subsection
				4.1(34).
(2) For good cause, the presiding officer may
				extend or shorten the time to take any action, except as provided otherwise by
				rule or law. Except for good cause stated in the record, before extending or
				shortening the time to take any action, the presiding officer shall afford all
				parties an opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.4 - Requests for a Contested Case Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Any person claiming an entitlement to a contested case
				  proceeding shall file a written request for such a proceeding within the time
				  specified by the particular rules or statutes governing the subject matter or,
				  in the absence of such law, the time specified in the department action in
				  question.
The request for a contested case proceeding should state the
				  name and address of the requester, identify the specific department action
				  which is disputed, and where the requester is represented by a lawyer identify
				  the provisions of law or precedent requiring or authorizing the holding of a
				  contested case proceeding in the particular circumstances involved, and include
				  a short and plain statement of the issues of material fact in
				  dispute.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.5 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
				commencement of the contested case proceeding. Notices shall be served by
				first-class mail, unless otherwise required by statute or rule.
(2)
Content.
Notices of
				hearing shall contain the information required by Iowa Code subsection
				17A.12(2),
				the following information and any additional information required by statute or
				rule.
a. Identification of all parties
				including the name, address and telephone number of the person who will act as
				advocate for the department or the state and of parties' counsel, where
				known;
b. Reference to the
				procedural rules governing conduct of the contested case proceeding;
c. Reference to the procedural rules
				governing informal settlement; and
d. Identification of the presiding officer,
				if known. If not known, a description of who will serve as presiding officer
				(e.g., an administrative law judge from the department of inspections and
				appeals, or the classification appeal committee).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				administrative law judge shall have the following technical expertise unless
				waived by the department.
a. A license to
				practice law in the state of Iowa;
b. Three years' experience as an
				administrative law judge; and
c.
				For a hearing related to procurement, knowledge of contract law.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.7 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				  case proceeding may waive any provision of this chapter pursuant to Iowa Code
				  section
				  17A.10.
				  However, the department in its discretion may refuse to give effect to such a
				  waiver when it deems the waiver to be inconsistent with the public
				  interest.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.8 - Telephone/video Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
A prehearing conference or a hearing may be held by telephone
				  or video conference call pursuant to a notice of hearing or an order of the
				  presiding officer The presiding officer shall determine the location of the
				  parties and witnesses in telephone or video hearings. The convenience of the
				  witnesses or parties, as well as the nature of the case, shall be considered
				  when the location is chosen.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.9 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
				officer or other person shall withdraw from participation in the making of any
				proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
				concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
				advocated in connection with that case, the specific controversy underlying
				that case, another pending factually related contested case, or a pending
				factually related controversy that may culminate in a contested case involving
				the same parties;
c. Is subject to
				the authority, direction or discretion of any person who has personally
				investigated, prosecuted or advocated in connection with that contested case,
				the specific controversy underlying that contested case, or a pending factually
				related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
				a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
				outcome of the case or any other significant personal interest that could be
				substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
				degree of relationship that:
(1) is a party
				to the case, or an officer, director or trustee of a party;
(2) is a lawyer in the case;
(3) is known to have an interest that could
				be substantially affected by the outcome of the case; or
(4) is likely to be a material witness in the
				case; or
g. Has any
				other legally sufficient cause to withdraw from participation in the decision
				making in that case.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.10 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may, upon motion by any
				party or the presiding officer's own motion, consolidate any or all matters at
				issue in two or more contested case proceedings where:
a. The matters at issue involve common
				parties or common questions of fact or law;
b. Consolidation would expedite and simplify
				consideration of the issues; and
c.
				Consolidation would not adversely affect the rights of parties to those
				proceedings.
At any time prior to the hearing, any party may on motion
				  request that the matters not be consolidated, and the motion shall be granted
				  for good cause shown.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.11 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pleadings may
				be required by rule, by the notice of hearing or by order of the presiding
				officer
(2) Petition. When an
				action of the department is appealed and pleadings are required under subrule
				7.11(1), the aggrieved party shall file the petition.
a. Any required petition shall be filed
				within 20 days of delivery of the notice of hearing, unless otherwise
				ordered.
b. The petition shall
				state in separately numbered paragraphs the following:
(1) On whose behalf the petition is
				filed;
(2) The particular
				provisions of the statutes and rules involved;
(3) The relief demanded and the facts and law
				relied upon for relief; and
(4) The
				name, address and telephone number of the petitioner and the petitioner's
				attorney, if any.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service is
				required.
Except where otherwise specifically authorized by law, every
				pleading, motion, document or other paper filed in the contested case
				proceeding and every paper relating to discovery in the proceeding shall be
				served upon each of the parties to the proceeding, including the originating
				agency. Except for the notice of the hearing and an application for rehearing
				as provided in Iowa Code subsection
				17A.16(2),
				the party filing a document is responsible for service on all
				parties.
(2)
Service
-
how made.
Service upon a party
				represented by an attorney shall be made upon the attorney unless otherwise
				ordered. Service is made by delivery or by mailing a copy to the person's
				last-known address. Service by first-class mail is rebuttably presumed to be
				complete upon mailing, except where otherwise specifically provided by statute,
				rule or order.
(3)
Filing
-
when required.
a. After a matter has been assigned to the
				division, and until a proposed decision is issued, documents shall be filed
				with the division, rather than the originating agency. All papers filed after
				the notice is issued that are required to be served upon a party shall be filed
				simultaneously with the division.
b. After the notice of hearing, when a matter
				has not been assigned to the department of inspections and appeals for hearing,
				all pleadings, motions, documents or other papers in a contested case
				proceeding shall be filed with the Department of Administrative Services,
				Hoover State Office Building, Third Floor, Des Moines, Iowa 50319. All
				pleadings, motions, documents or other papers that are required to be served
				upon a party shall be filed simultaneously with the department.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.13 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pursuant to
				Iowa Code section
				17A.13,
				discovery procedures applicable in civil actions are applicable in contested
				cases. Unless lengthened or shortened by rules of the department or by a ruling
				by the presiding officer, time periods for compliance with discovery shall be
				as provided in the Iowa Rules of Civil Procedure.
(2) Any motion relating to discovery shall
				allege that the moving party has made a good faith attempt to resolve the
				issues raised by the motion with the opposing party. Motions in regard to
				discovery shall be ruled on by the presiding officer Opposing parties shall be
				afforded the opportunity to respond within ten days of the filing of the motion
				unless the time is shortened as provided in subrule 7.13(1). The presiding
				officer may rule on the basis of the written motion and any response or may
				order argument on the motion.
(3)
				Evidence obtained in discovery may be used in the contested case proceeding if
				that evidence would otherwise be admissible in that proceeding.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. Pursuant to
				Iowa Code subsection 17A. 13(1), a department subpoena shall be issued to a
				party on request unless subrule 7.14(1), paragraph
"d,"
applies. A request may be either oral or in writing. In the absence of good
				cause for permitting later action, a written request for a subpoena must be
				received at least three days before the scheduled hearing. The request shall
				include the name, address and telephone number of the requesting
				party.
b. Parties are responsible
				for service of their own subpoenas and payment of witness fees and mileage
				expenses.
c. When authorized by
				law, a presiding officer may issue a subpoena on the presiding officer's own
				motion.
d. When there is reasonable
				ground to believe a subpoena is requested for the purpose of harassment, or
				that the subpoena is irrelevant, the presiding officer may refuse to issue the
				subpoena, or may require the requesting party to provide a statement of
				testimony expected to be elicited from the subpoenaed witness and a showing of
				relevancy. If the presiding officer refuses to issue a subpoena, the presiding
				officer shall provide, upon request, a written statement of the ground for
				refusal. A party to whom a refusal is issued may obtain a prompt hearing
				regarding the refusal by filing a written request to the presiding
				officer
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.15 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
				form is required for motions. Prehearing motions, however, must be written,
				state the grounds for relief and state the relief sought. Any motion for
				summary judgment shall be filed in compliance with the requirements of Iowa
				Rule of Civil Procedure 1.981.
(2)
				Any party may file a written resistance or response to a motion within 15 days
				after the motion is served, unless the time period is extended or shortened by
				rules of the department or by the presiding officer. The presiding officer may
				consider a failure to respond within the required time period in ruling on a
				motion.
(3) The presiding officer
				may schedule oral argument on any motion on the request of any party or on the
				presiding officer's own motion.
(4)
				Except for good cause, all motions pertaining to the hearing must be filed and
				served at least 10 days prior to the hearing date unless the time period is
				shortened or lengthened by rules of the department or by the presiding
				officer
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.16 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
				party may request a prehearing conference. A request for prehearing conference
				or an order for prehearing conference on the presiding officer's own motion
				shall be filed in writing and served on all parties of record not less than ten
				days prior to the hearing date. A prehearing conference shall be scheduled not
				less than three business days prior to the hearing date.
The presiding officer shall give notice of the prehearing
				  conference to all parties. For good cause, the presiding officer may permit
				  variances from this rule.
(2) Each party shall bring to the prehearing
				conference:
a. A final list of witnesses who
				the party reasonably anticipates will testify at the hearing. Witnesses not
				listed may be excluded from testifying.
b. A final list of exhibits that the party
				reasonably anticipates will be introduced at the hearing. Exhibits not listed,
				except rebuttal exhibits, may be excluded from admission into
				evidence.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.17 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, application for continuance shall
				  be made to the presiding officer
(1) A
				written application for continuance shall:
a.
				Be made before the hearing;
b.
				State the specific reasons for the request; and
c. Be signed by the requesting party or the
				requesting party's representative.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.18 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
The party that requested an evidentiary hearing regarding
				  department action may withdraw prior to the hearing only in accordance with
				  department rules. Requests for withdrawal may be oral or written. If the
				  request is oral, the presiding officer may require the party to submit a
				  written request after the oral request. Unless otherwise provided, a withdrawal
				  shall be with prejudice.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.19 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene shall be served on all
				parties and shall state the grounds for the proposed intervention, the position
				and interest of the proposed intervenor, and the possible impact of
				intervention on the proceeding. A proposed answer or petition in intervention
				shall be attached to the motion. Any party may file a response within 14 days
				of service of the motion to intervene unless the time period is extended or
				shortened by the presiding officer
(2)
When filed.
Motion for
				leave to intervene shall be filed as early in the proceeding as possible to
				avoid adverse impact on existing parties or the disposition of the proceeding.
				Unless otherwise ordered, a motion for leave to intervene shall be filed before
				the prehearing conference, if one is held, or at least 20 days before the date
				scheduled for hearing. Any later motion must contain a statement of good cause
				for the failure to file in a timely manner The intervenor shall be bound by any
				agreement, arrangement or other matter previously raised in the case. Requests
				by untimely intervenors for continuances that would delay the hearing will be
				denied.
(3)
Grounds for
				intervention.
The movant shall demonstrate that:
a. Intervention would not unduly prolong the
				proceedings or otherwise prejudice the rights of existing parties;
b. The movant will be aggrieved or adversely
				affected by a final order; and
c.
				The interests of the movant are not being adequately represented by existing
				parties; or that the movant is otherwise entitled to intervene.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.20 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				appointed presiding officer in a contested case proceeding shall preside at the
				hearing and may:
a. Rule on motions;
b. Require the parties to submit
				briefs;
c. Issue a proposed
				decision; and
d. Issue orders and
				rulings to ensure the orderly conduct of the proceedings.