reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 2 - Complaint Investigation and Resolution Procedures › Rule 497-2.2 - Investigations-board Action

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Referral to staff.
Upon acceptance of a complaint, the board's
			 staff shall work with the complainant and the subject of the complaint toward
			 an informal, expeditious resolution. If the complaint is not resolved, the
			 staff shall initiate an investigation to determine whether there is probable
			 cause to believe a violation of Iowa Code chapter 21 or 22 or rules of the
			 board has occurred. Offers to settle a complaint during the informal resolution
			 process or as part of a settlement negotiation under rule 497-2.4 (23) shall not
			 be presented either to the board or admitted in a subsequent contested case
			 proceeding as evidence that a violation of Iowa Code chapter 21 or 22 or rules
			 of the board has occurred.
(2)
Subpoenas.
Investigations may include the issuance and
			 enforcement of investigative subpoenas requiring the production of books,
			 papers, records, electronic records and other real evidence, as well as
			 requiring the attendance and testimony of witnesses.
(3)
Completion.
Upon
			 completion of an investigation, staff shall make a report to the board and may
			 provide a recommendation for board action.
(4)
Board action.
Upon
			 receipt and review of the staff investigative report and any recommendations,
			 the board may:
a. Redirect the matter for
			 further investigation;
b. Dismiss
			 the matter for lack of probable cause to believe a violation has
			 occurred;
c. Make a determination
			 that probable cause exists to believe a violation has occurred, but, as an
			 exercise of administrative discretion, dismiss the matter; or
d. Make a determination that probable cause
			 exists to believe a violation has occurred, designate a prosecutor and direct
			 the issuance of a statement of charges to initiate a contested case
			 proceeding.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 2 - Complaint Investigation and Resolution Procedures › Rule 497-2.3 - Civil Penalties and Other Appropriate Remedies

Current through Register Vol. 47, No. 3, July 24, 2024
If it is determined after a contested case proceeding that a
				violation of statute or rule under the board's jurisdiction has occurred, the
				board may impose any of the remedies set out in Iowa Code section 23.6(8) or
				23.10(3)
"b. "
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 2 - Complaint Investigation and Resolution Procedures › Rule 497-2.4 - Settlements

Current through Register Vol. 47, No. 3, July 24, 2024
Settlements may be negotiated during an investigation or after
				the commencement of a contested case proceeding. Negotiations shall be
				conducted between the prosecutor and a governmental body or government official
				against whom a complaint has been filed.
(1)
Board member
			 participation.
The board may designate the chairperson or another
			 board member to participate in settlement negotiations after initiation of a
			 contested case.
(2)
Ex
			 parte communications.
If settlement negotiations are undertaken after
			 a contested case has been initiated, the respondent may be required to waive
			 any objections to ex parte communications concerning settlement
			 discussions.
(3)
Approval.
A settlement shall be in writing and is subject to
			 approval of a majority of the board. If the board declines to approve a
			 proposed settlement, the settlement shall be of no force or effect.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the board for a declaratory
				order as to the applicability to specified circumstances of a statute, rule, or
				order within the primary jurisdiction of the board, at Iowa Public Information
				Board, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa
				50319. Petitions may also be filed by fax at (515)725-1789 or by email at
				ipib(Sjiowa.gov. A petition is deemed filed when it is received by that office.
				The board shall provide the petitioner with a file-stamped copy of the petition
				if the petitioner provides the board an extra copy for this purpose. The
				petition must be typewritten or legibly handwritten in ink and must
				substantially conform to the following form:
IOWA PUBLIC INFORMATION BOARD
Petition by (Name of Petitioner) for a Declaratory
						  Order on (Cite provisions of law involved).
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by rule
			 497-3.7 (17A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				email address, and telephone number of the petitioner and the petitioner's
				representative and a statement indicating the person to whom communications
				concerning the petition should be directed.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the board shall give notice of the petition to all persons not served by
				the petitioner pursuant to rule
				497-3.6 (17A) to whom notice is
				required by any provision of law. The board may also give notice to any other
				persons.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
			 qualify under any applicable provision of law as an intervenor and who file a
			 petition for intervention within 15 days of the filing of a petition for
			 declaratory order shall be allowed to intervene in a proceeding for a
			 declaratory order.
(2) Any person
			 who files a petition for intervention at any time prior to the issuance of an
			 order may be allowed to intervene in a proceeding for a declaratory order at
			 the discretion of the board.
(3) A
			 petition for intervention shall be filed at Iowa Public Information Board,
			 Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319.
			 Petitions may also be filed by fax at (515)725-1789 or by email at
			 ipib(Sjiowa.gov. Such a petition is deemed filed when it is received by that
			 office. The board will provide the petitioner with a file-stamped copy of the
			 petition for intervention if the petitioner provides an extra copy for this
			 purpose. A petition for intervention must be typewritten or legibly handwritten
			 in ink and must substantially conform to the following form:
IOWA PUBLIC INFORMATION BOARD
Petition by (Name of Original Petitioner) for a
						  Declaratory Order on (Cite provisions of law cited in original
						  petition).
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervener's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervener's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervener's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervener's representative. It must also include the name, mailing address,
				email address, and telephone number of the intervenor and intervener's
				representative, and a statement indicating the person to whom communications
				should be directed.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The board may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the board's executive director at Iowa Public
				Information Board, Wallace State Office Building, 502 East 9th Street, Des
				Moines, Iowa 50319.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
Filing
-
when required.
All petitions for
			 declaratory orders, petitions for intervention, briefs, or other papers in a
			 proceeding for a declaratory order shall be filed with the Iowa Public
			 Information Board, Wallace State Office Building, 502 East 9th Street, Des
			 Moines, Iowa 50319. All petitions, briefs, or other papers that are required to
			 be served upon a party shall be filed simultaneously with the board.
(3)
Method of service, time of
			 filing, and proof of mailing.
Method of service, time of filing, and
			 proof of mailing shall be as provided by rule 497-4.11(17A).
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the board must schedule a brief and
				informal meeting between the original petitioner, all intervenors, and the
				board, a member of the board, or a member of the staff of the board, to discuss
				the questions raised. The board may solicit comments from any person on the
				questions raised. Also, comments on the questions raised may be submitted to
				the board by any person.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within the time allowed by Iowa Code section
			 17A.9(5), after
			 receipt of a petition for a declaratory order, the board's executive director
			 or designee shall take action on the petition as required by Iowa Code section
			 17A.9(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order 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.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 board shall not issue a declaratory order where prohibited by Iowa Code section
			 17A.9(1)  and
			 may refuse to issue a declaratory order on some or all questions raised for the
			 following reasons:
a. The petition does not
			 substantially comply with the required form.
b. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the failure of the board to issue an order.
c. The board does not have jurisdiction over
			 the questions presented in the petition.
d. The questions presented by the petition
			 are also presented in a current rule making, contested case, or other agency or
			 judicial proceeding that may definitively resolve them.
e. The questions presented by the petition
			 would more properly be resolved in a different type of proceeding or by another
			 body with jurisdiction over the matter.
f. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
g. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
h. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge a board decision already made.
i. The petition requests a declaratory order
			 that would necessarily determine the legal rights, duties, or responsibilities
			 of other persons who have not joined in the petition, intervened separately, or
			 filed a similar petition and whose position on the questions presented may
			 fairly be presumed to be adverse to that of petitioner.
j. The petitioner requests the board to
			 determine whether a statute is unconstitutional on its face.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its conclusion. A
				declaratory order is effective on the date of issuance.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 3 - Declaratory Orders › Rule 497-3.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the board,
				the petitioner, and any intervenors who consent to be bound and is applicable
				only in circumstances where the relevant facts and the law involved are
				indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on the
				board. The issuance of a declaratory order constitutes final agency action on
				the petition.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined by
				Iowa Code section 17A.2(5)  and
				includes any matter defined as a no factual dispute contested case under Iowa
				Code section 17A.10A.
"Issuance "
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order.
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding officer "
means the board, or one
				or more members of the board, or an administrative law judge assigned by the
				department of inspections and appeals.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the board did not preside.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.3 - 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 precluded by statute
			 or by rule. Except for good cause stated in the record, before extending or
			 shortening the time to take any action, the presiding officer shall afford all
			 parties an opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.4 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
			 commencement of the contested case proceeding. Delivery may be executed by:
a. Personal service as provided in the Iowa
			 Rules of Civil Procedure; or
b.
			 Certified mail, return receipt requested; or
c. First-class mail; or
d. Publication, as provided in the Iowa Rules
			 of Civil Procedure.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.5 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party who wishes to request that the presiding officer assigned to render a
			 proposed decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within ten days after
			 service of a notice of hearing which identifies or describes the presiding
			 officer as the board or one or more members of the board.
(2) The board shall give preference to
			 assigning an administrative law judge if requested by a party and may deny the
			 request only upon a finding that two or more of the following apply:
a. Neither the board nor any member of the
			 board under whose authority the contested case is to take place is a named
			 party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. A qualified administrative law judge is
			 unavailable to hear the case within a reasonable time.
d. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
e. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
f. Funds are unavailable to
			 pay the costs of an administrative law judge and an interagency
			 appeal.
g. The request was not
			 timely filed.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.6 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter. However, the board 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 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.7 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference in which all parties have an opportunity to
				participate. Other telephone proceedings may be held with the consent of all
				parties. The presiding officer will determine the location of the parties and
				witnesses for telephone hearings. The convenience of the witnesses or parties,
				as well as the nature of the case, will be considered when location is
				chosen.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.8 - 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 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.9 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may 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 involved; and
(c) consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.10 - 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.
a. Any petition required in a contested case
			 proceeding shall be filed within 20 days of delivery of the notice of hearing
			 or subsequent order of the presiding officer, unless otherwise
			 ordered.
b. A petition shall state
			 in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
			 the petition is filed;
(2) The
			 particular provisions of statutes and rules involved;
(3) The relief demanded and the facts and law
			 relied upon for such relief; and
(4) The name, address and telephone number of
			 the petitioner and the petitioner's attorney, if any.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.11 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every pleading, motion, document, or
			 other paper filed in a contested case proceeding and every paper relating to
			 discovery in such a proceeding shall be served upon each of the parties of
			 record to the proceeding, including the person designated as advocate or
			 prosecutor for the state or the agency, simultaneously with their filing.
			 Except for the original notice of hearing and an application for rehearing as
			 provided in Iowa Code section 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 mail is complete
			 upon mailing, except where otherwise specifically provided by statute, rule, or
			 order.
(3)
Filing
-
when required.
After the notice of hearing, all pleadings,
			 motions, documents or other papers in a contested case proceeding shall be
			 filed with the board at Iowa Public Information Board, Wallace State Office
			 Building, 502 East 9th Street, 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 Iowa public information board.
(4)
Filing
-
when
			 made.
Except where otherwise provided by law, a document is deemed
			 filed at the time it is delivered to the board office, delivered to an
			 established courier service for immediate delivery to that office, or mailed by
			 first-class mail or state interoffice mail to that office, so long as there is
			 proof of mailing.
(5)
Proof
			 of mailing.
Proof of mailing includes either: a legible United States
			 Postal Service postmark on the envelope, a certificate of service, a notarized
			 affidavit, or a certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the (agency office and address) and to the names and addresses of
				the parties listed below by depositing the same in (a United States post office
				mailbox with correct postage properly affixed or state interoffice
				mail).
(Date)
(Signature)
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.12 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules or by order of 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
			 previously made a good-faith attempt to resolve the discovery issues involved
			 with the opposing party. Motions in regard to discovery shall be ruled upon 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 4.12(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 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.13 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. An agency
			 subpoena shall be issued to a party on request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a 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. Except to
			 the extent otherwise provided by law, parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.14 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the agency or 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.
(4) Motions pertaining to the hearing, except
			 motions for summary judgment, must be filed and served at least ten days prior
			 to the date of hearing unless there is good cause for permitting later action
			 or the time for such action is lengthened or shortened by rule of the agency or
			 an order of the presiding officer.
(5) Motions for summary judgment. Motions for
			 summary judgment shall comply with the requirements of the Iowa Rules of Civil
			 Procedure and shall be subject to disposition according to the requirements of
			 that rule to the extent such requirements are not inconsistent with the
			 provisions of this rule or any other provision of law governing the procedure
			 in contested cases.
Motions for summary judgment must be filed and served at least
				30 days prior to the scheduled hearing date, or other time period determined by
				the presiding officer. Any party resisting the motion shall file and serve a
				resistance within 10 days, unless otherwise ordered by the presiding officer,
				from the date a copy of the motion was served. The time fixed for hearing or
				nonoral submission shall be not less than 20 days after the filing of the
				motion, unless a shorter time is ordered by the presiding officer. A summary
				judgment order rendered on all issues in a contested case is subject to
				rehearing pursuant to rule 497-4.27(17A) and appeal pursuant to rule
				497-4.26 (17A).
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.15 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than seven days prior to the hearing date. A
			 prehearing conference shall be scheduled not less than three business days
			 prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the board 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 the witnesses
			 who the party anticipates will testify at hearing. Witnesses not listed may be
			 excluded from testifying unless there was good cause for the failure to include
			 their names; and
b. A final list of
			 exhibits which the party anticipates will be introduced at hearing. Exhibits
			 other than rebuttal exhibits that are not listed may be excluded from admission
			 into evidence unless there was good cause for the failure to include
			 them.
c. Witness or exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the presiding officer at the prehearing conference. Any such
			 amendments must be served on all parties.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.16 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made to the presiding officer.
(1)
			 A written application for a continuance shall:
a. Be made at the earliest possible time and
			 no less than seven days before the hearing except in case of unanticipated
			 emergencies;
b. State the specific
			 reasons for the request; and
c. Be
			 signed by the requesting party or the party's representative.
An oral application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request unless that
				requirement is waived by the presiding officer. No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				where notice is not feasible. The agency may waive notice of such requests for
				a particular case or an entire class of cases.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.18 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding 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 ten 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 conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, 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. Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily 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 is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.19 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer presides at the hearing, and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or to be represented in all hearings or
			 prehearing conferences related to their case. Partnerships, corporations, or
			 associations may be represented by any member, officer, director, or duly
			 authorized agent. Any party may be represented by an attorney or another person
			 authorized by law.
(4) Subject to
			 terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or affirmed by the presiding officer or the court reporter, and be
			 subject to examination and cross-examination. The presiding officer may limit
			 questioning in a manner consistent with law;
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.20 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that good cause justifies expansion of the
			 issues. If the presiding officer decides to admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, shall receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents should normally be provided to opposing parties.
All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection shall be accompanied by a brief statement of the grounds upon
			 which it is based. The objection, the ruling on the objection, and the reasons
			 for the ruling shall be noted in the record. The presiding officer may rule on
			 the objection at the time it is made or may reserve a ruling until the written
			 decision.
(6) Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.23 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the board shall provide a copy of the whole or
				any portion of the record at cost. The cost of preparing a copy of the record
				or of transcribing the hearing record shall be paid by the requesting
				party.
Parties who request that a hearing be recorded by certified
				shorthand reporters rather than by electronic means shall bear the cost of that
				recordation, unless otherwise provided by law.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.24 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the board
				may review an interlocutory order of the presiding officer. In determining
				whether to do so, the board shall weigh the extent to which its granting the
				interlocutory appeal would expedite final resolution of the case and the extent
				to which review of that interlocutory order by the agency at the time it
				reviews the proposed decision of the presiding officer would provide an
				adequate remedy. Any request for interlocutory review must be filed within 14
				days of issuance of the challenged order, but no later than the time for
				compliance with the order or the date of hearing, whichever is
				first.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.25 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When
			 the board, or a quorum of the board, presides over the reception of evidence at
			 the hearing, its decision is a final decision.
(2) When the board, or a quorum of the board,
			 does not preside at the reception of evidence, the presiding officer shall make
			 a proposed decision. The proposed decision becomes the final decision of the
			 agency without further proceedings unless there is an appeal to, or review on
			 motion of, the board within the time provided in rule
			 497-4.26 (17A).
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.26 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the board within 30 days after issuance of the proposed
			 decision.
(2)
Review.
The board may initiate review of a proposed decision
			 on its own motion at any time within 30 days following the issuance of such a
			 decision.
(3)
Notice of
			 appeal.
An appeal of a proposed decision is initiated by filing a
			 timely notice of appeal with the board. The notice of appeal must be signed by
			 the appealing party or a representative of that party and contain a certificate
			 of service. The notice shall specify:
a. The
			 parties initiating the appeal;
b.
			 The proposed decision or order appealed from;
c. The specific findings or conclusions to
			 which exception is taken and any other exceptions to the decision or
			 order;
d. The relief sought;
			 and
e. The grounds for
			 relief.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.27 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order.
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the agency decision on the existing record and whether, on the basis of
			 the grounds enumerated in subrule 4.26(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the board within 20 days after issuance of the
			 final decision.
(4)
Notice
			 to other parties. A
copy of the application shall be timely mailed by
			 the applicant to all parties of record not joining therein. If the application
			 does not contain a certificate of service, the board shall serve copies on all
			 parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied unless the agency grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.28 - Stays of Agency Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the board for a stay of an order
			 issued in that proceeding or for other temporary remedies, pending review by
			 the board. The petition shall be filed with the notice of appeal and shall
			 state the reasons justifying a stay or other temporary remedy. The board may
			 rule on the stay or authorize the presiding officer to do so.
b. Any party to a contested case proceeding
			 may petition the board for a stay or other temporary remedies pending judicial
			 review of all or part of that proceeding. The petition shall state the reasons
			 justifying a stay or other temporary remedy. A party must petition the board
			 for a stay before seeking a stay in district court.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 4 - Contested Cases › Rule 497-4.29 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.