reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 5 - Public Records and Fair Information Practices › Rule 741-5.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In lieu of the words "(insert agency
			 head)", insert "executive director". In lieu of the words "(insert agency name
			 and address)", insert "Iowa Sheep and Wool Promotion Board, Wallace State
			 Office Building, Des Moines, Iowa 50319".
(2)
Office hours.
In lieu of
			 the words "(insert customary hours and, if agency does not have customary
			 office hours of at least thirty hours per week, insert hours specified in Iowa
			 Code section 22.4) ", insert "8 a.m. to 4:30
			 p.m. daily, excluding Saturdays, Sundays, and legal holidays".
(7)
Fees.
c.
Supervisory fee.
In lieu
			 of "(specify time period)", insert "one hour".
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 5 - Public Records and Fair Information Practices › Rule 741-5.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "Iowa sheep and wool promotion board".
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 5 - Public Records and Fair Information Practices › Rule 741-5.9 - Public Records; Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
All records in the possession of the board other than confidential records are public records. The board shall deem to be confidential those categories of records enumerated in Iowa Code section 22.7 which are in its possession.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 5 - Public Records and Fair Information Practices › Rule 741-5.10 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
Agency records include the following personally identifiable information: excise tax remittances identifying individual producers and the amounts remitted, refund requests from producers, and personal information in confidential personnel records. This information is collected pursuant to the authority of Iowa Code chapter 182 and is stored in the office files of the board office. Personally identifiable information contained in these records except for refund requests shall be confidential. However, appropriate totals, summaries, aggregations, and other staff analyses of information contained in these files, when presented in a form not containing personally identifiable information, shall be public information.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 1 - Description of Organization › Rule 751-1.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa telecommunications and technology commission and the
				Iowa communications network were established by Iowa Code chapter 8D to
				coordinate communications of state government, effect maximum practical
				consolidation and joint use of communications services and manage, develop,
				operate and ensure compatibility of the fiberoptic network.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 1 - Description of Organization › Rule 751-1.2 - Organization

Current through Register Vol. 47, No. 3, July 24, 2024
The commission's structure consists of five commissioners and
				the state auditor as an ex officio member of the commission. The commission has
				the sole authority to manage, develop, operate and ensure compatibility of the
				state communications network. The network is supervised by the commission and
				operated by the executive director of the network or the commission's designee.
				The commission has rule-making authority.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 1 - Description of Organization › Rule 751-1.5 - Administrative Elements of the Commission

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Executive director.
The
			 executive director or the commission's designee administers the programs and
			 services of the commission in compliance with the Iowa Code and the rules
			 adopted by the commission..
(2)
Administrative elements.
In order to carry out the functions
			 of the commission, the following divisions have been established:
a. The business and governmental services
			 division coordinates the activities between the engineers, individual sites,
			 and authorized users. The division is responsible for providing cost estimates
			 for services; tracking service requests; executing installation services;
			 assisting authorized users in finding the best structure to meet the users'
			 needs; developing new products and services; maintaining price tables; and
			 providing customer service and assistance. The division is responsible for
			 providing legislative liaison and public information functions as well as
			 providing administrative support to the commission. The division provides
			 information and education to the public about the commission and the fiberoptic
			 network and maintains the commission's Web site.
b. The finance division is responsible for
			 maintaining the financial books and records of the commission, accounting,
			 billing, asset inventory and management, personnel transactions, travel
			 vouchers, claims for payments of goods and services, processing cash receipts,
			 purchasing, and contracting activities, as well as coordination with the
			 attorney general's office for legal counsel.
c. The network operations and engineering
			 division is responsible for provisioning of video services, data/Internet
			 services, and voice services for authorized users. The division is responsible
			 for all operational aspects of the fiberoptic network. The division is
			 responsible for the technical operation of the fiberoptic network, including
			 research and development; network systems; agency information systems
			 functions; and maintenance of a circuit database.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 1 - Description of Organization › Rule 751-1.6 - Location of Offices

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Main office.
The main office is located in the Grimes State
			 Office Building, 400 E. 14th Street, Des Moines, Iowa 50319. The telephone
			 number is (515)725-4692. The toll-free number is The fax number is
			 (515)725-4727. The E-mail address isICN.info@iowa.gov. The home page address on
			 the World Wide Web is
http://www.icn.state.ia.us
.
(2)
Network.
The hub for the
			 network is located in the Joint Forces Headquarters (JFHQ) Armory, 6100 N.W
			 78th Avenue, Johnston, Iowa 50131.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 1 - Description of Organization › Rule 751-1.7 - Business Hours

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Normal business hours.
The normal business hours of the main
			 office are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. The
			 Network Operations Center (NOC) operates on a 24-hour, seven-day-a-week basis
			 at the network hub in the JFHQ Armory in Johnston, Iowa.
(2)
Emergency incident
			 reports.
The 24-hour emergency telephone number for reporting cable
			 cuts, system failures or other incidents is 1-800-572-3940, or
			 (515)323-4400.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 This chapter implements Iowa Code section
			 22.11
			 by establishing commission policies and procedures for the maintenance of
			 records. The purpose of this chapter is to facilitate public access to open
			 records. It also seeks to facilitate sound commission determinations with
			 respect to the handling of records and the implementation of the fair
			 information practices Act. This commission is committed to the policies set
			 forth in Iowa Code chapter 22; commission staff shall cooperate with members of
			 the public in implementing the provisions of that chapter.
(2) This chapter does not:
a. Require the commission to index or
			 retrieve records which contain information about individuals by that person's
			 name or other personal identifier.
b. Make available to the general public
			 records which would otherwise not be available under the public records law,
			 Iowa Code chapter 22.
c. Govern the
			 maintenance or disclosure of, notification of, or access to records in the
			 possession of the commission which are governed by the rules of another
			 commission.
d. Apply to grantees,
			 including local governments or subdivisions thereof, administering state-funded
			 programs, unless otherwise provided by law or agreement.
e. Make available records compiled in
			 reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 individual or party to such litigation or proceedings shall be governed by
			 applicable legal and constitutional principles, statutes, rules of discovery,
			 evidentiary privileges, and applicable regulations.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Commission "
means the Iowa
				telecommunications and technology commission.
"Confidential record"
means a record which is
				not available as a matter of right for examination and copying by members of
				the public under applicable provisions of law. Confidential records include
				records or information contained in records that the commission is prohibited
				by law from making available for examination by members of the public, and
				records or information contained in records that are specified as confidential
				by Iowa Code section
				22.7 or other
				provision of law, but that may be disclosed upon order of a court, the lawful
				custodian of the record, or by another person duly authorized to release the
				record. Mere inclusion in a record of information declared confidential by an
				applicable provision of law does not necessarily make that entire record a
				confidential record.
"Custodian "
means the commission or a person
				lawfully delegated authority by its executive director to act for the
				commission in implementing Iowa Code chapter 22.
"Open record"
means a record other than a
				confidential record.
"Personally identifiable information "
means
				information about or pertaining to an individual in a record which identifies
				the individual and which is contained in a record system.
"Record"
in these rules means the whole or a
				part of a "public record" as defined in Iowa Code section
				22.1.
"Record system "
means any group of records
				under the control of the commission from which a record may be retrieved by a
				personal identifier such as the name of an individual, number, symbol or other
				unique retriever assigned to an individual.
"Subject"
means that person identified in a
				record.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				22.7 or other
				applicable provisions of law, the lawful custodian may disclose certain
				confidential records to one or more members of the public. Other provisions of
				law authorize or require the custodian to release specified confidential
				records under certain circumstances or to particular persons. In requesting the
				custodian to permit the examination and copying of such a confidential record,
				the following procedures apply and are in addition to those specified for
				requests for access to records in rule 2.3(17A,22).
(1)
Proof of identity.
A
			 person requesting access to a confidential record may be required to provide
			 proof of identity or authority to secure access to the record.
(2)
Requests.
The custodian
			 may require that a request to examine and copy a confidential record be in
			 writing. A person requesting access to such a record may be required to sign a
			 certified statement or affidavit enumerating the specific reasons justifying
			 access to the confidential record and to provide any proof necessary to
			 establish relevant facts.
(3)
Notice to subject of record and opportunity to obtain
			 injunction.
After the custodian receives a request for access to a
			 confidential record, and before the custodian releases such a record, the
			 custodian may make reasonable efforts to notify promptly any person who is a
			 subject of that record, is identified in that record, and whose address or
			 telephone number is contained in that record. To the extent such a delay is
			 practicable and in the public interest, the custodian may give the subject of
			 such a confidential record to whom notification is transmitted a reasonable
			 opportunity to seek an injunction under Iowa Code section
			 22.8,
			 and indicate to the subject of the record the specified period of time during
			 which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
			 custodian denies a request for access to a confidential record, the custodian
			 shall promptly notify the requester. If the requester indicates to the
			 custodian that a written notification of the denial is desired, the custodian
			 shall promptly provide such a notification that is signed by the custodian and
			 that includes:
a. The name and title or
			 position of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
			 authority in the custodian to deny disclosure of the record and a brief
			 statement of the reasons for the denial to this requester.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.6 - Procedure by Which Additions, Dissents or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				request with the custodian to review, and to have a written statement of
				additions, dissents or objections entered into, a record containing personally
				identifiable information pertaining to that person. However, this does not
				authorize a person who is a subject of such a record to alter the original copy
				of that record or to expand the official record of any commission proceeding.
				Requester shall send the request to review such a record or the written
				statement of additions, dissents or objections to the custodian or to the
				attorney general. The request to review a written statement must be dated and
				signed by requester and shall include the current address and telephone number
				of the requester or the requester's representative.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, a
				person who is the subject of a confidential record may have a copy of the
				portion of that record concerning the subject disclosed to a third party. A
				request for such a disclosure must be in writing and must identify the
				particular record or records that may be disclosed, and the particular person
				or class of persons to whom the record may be disclosed (and, where applicable,
				the time period during which the record may be disclosed). The person who is
				the subject of the record and, where applicable, the person to whom the record
				is to be disclosed, may be required to provide proof of identity. (Additional
				requirements may be necessary for special classes of records.) Appearance of
				counsel on behalf of a person who is the subject of a confidential record is
				deemed to constitute consent for the commission to disclose records about that
				person to the person's attorney.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When a commission form requests a person to supply information
				about that person, the commission shall notify the person of the use that will
				be made of the information, which persons outside the commission might
				routinely be provided this information, which parts of the requested
				information are required and which are optional, and the consequences of a
				failure to provide the information requested. This notice may be given in these
				rules, on the written form used to collect the information, on a separate fact
				sheet or letter, in brochures, in formal agreements, in contracts, in
				handbooks, in manuals, verbally or by other appropriate means. Notice need not
				be given in connection with discovery requests in litigation or administrative
				proceedings, subpoenas, investigations of possible violations of law or similar
				demands for information.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 2.10(17A,22) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the commission with advance written assurance that the record will be
			 used solely as a statistical research or reporting record; provided that the
			 record is transferred in a form that does not identify the subject.
c. To another government commission or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government commission or instrumentality has submitted a written request to the
			 commission specifying the record desired and the law enforcement activity for
			 which the record is sought.
d. To
			 an individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if anotice of the disclosure is transmitted
			 to the last-known address of the subject.
e. To the legislative services
			 agency.
f.Disclosures in the course
			 of employee disciplinary proceedings.
g. In response to a court order or
			 subpoena.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all commission records:
a. Disclosure to those officers, employees
			 and agents of the commission who have a need for the record in the performance
			 of their duties. The custodian of the record may, upon request of any officer
			 or employee or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action or
			 regulatory order.
c. Disclosure to
			 the commission or officer which this office is advising or representing in the
			 matter in question or to the department of inspections and appeals for matters
			 in which it is performing services or functions on behalf of the
			 commission.
d. Transfer of
			 information within the commission, to other state agencies, or to local units
			 of government as appropriate to administer the program for which the
			 information is collected.
e.
			 Information released to staff of federal and state entities for audit purposes
			 or for purposes of determining whether the commission is operating a program
			 lawfully.
f. Any disclosure
			 specifically authorized by the statute under which the record was collected or
			 maintained.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to commission disclosure of confidential records as provided
			 in rule 2.7(17A,22).
(2)
Complaints to public officials.
A letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the commission
			 may to the extent permitted by law be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The subject of a confidential record may file a written request to review
			 confidential records about that person as provided in rule 2.6(17A,22).
			 However, the commission need not release the following records to the subject:
a. The identity of a person providing
			 information to the commission need not be disclosed directly or indirectly to
			 the subject of the information when the information is authorized to be held
			 confidential pursuant to Iowa Code section
			 22.7(18)
			  or other provision of law.
b. Records need not be disclosed to the
			 subject when they are the work product of an attorney or are otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 the Iowa Code. See Iowa Code section
			 22.7(5).
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information which is collected, maintained, and retrieved by the
				commission by personal identifier in record systems as defined in rule
				2.2(17A,22). For each record system, this rule describes the legal authority
				for the collection of that information and the means of storage of that
				information and indicates whether a data processing system matches, collates,
				or permits the comparison of personally identifiable information in one record
				system with personally identifiable information in another record system. The
				record systems maintained by the commission are:
(1) Payroll and personnel information
			 system.*
(2) Vendor
			 files.
(3) Certificates of
			 insurance for contractors performing work for the commission.
(4) Referrals to the attorney
			 general.
(5) Contract and lease
			 files.
(6) Accounts receivable and
			 accounts payable system.*
(7)
			 Various grant planning files, confidential trade secrets, litigation files.
All of the above-listed records are collected pursuant to the
				authority of Iowa Code Supplement chapter 8D. All are stored in paper form with
				those items noted by an asterisk (*) also stored in electronic form.
				Supplementary records in these categories are stored in paper form or on
				microfilm or microfiche. None of the information stored can be matched,
				collated or compared.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the Iowa telecommunications
				and technology commission for a declaratory order as to the applicability to
				specified circumstances of a statute, rule, or order within the primary
				jurisdiction of the commission at the ICN main office location as listed in
				751-subrule 1.6(1). A petition is deemed filed when it is received by that
				office. The commission shall provide the petitioner with a file-stamped copy of
				the petition if the petitioner provides the commission an extra copy for this
				purpose. The petition must be typewritten or legibly handwritten in ink and
				must substantially conform to the following form:
Click here to
				view Image
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 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,
				and telephone number of the petitioner and petitioner's representative, and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.2 - 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 commission shall give notice of the petition to all persons not
				served by the petitioner pursuant to rule 3.6(17A) to whom notice is required
				by any provision of law. The Iowa telecommunications and technology commission
				may also give notice to any other persons.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.3 - 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 20 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 Iowa telecommunications and technology
			 commission.
(3) A petition for
			 intervention shall be filed at the ICN main office location as listed in
			 751-subrule 1.6(1). Such a petition is deemed filed when it is received by that
			 office. The commission 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:
Click here to
				view Image
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,
				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 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.4 - 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 Iowa telecommunications and technology commission may
				request a brief from the petitioner, any intervenor, or any other person
				concerning the questions raised.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.5 - 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 executive director at the ICN main office
				location as listed in 751-subrule 1.6(1).
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.6 - 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 telecommunications and
			 technology commission at the ICN main office location as listed in 751-subrule
			 1.6(1). Petitions, briefs, or other papers that are required to be served upon
			 a party shall be filed simultaneously with the Iowa telecommunications and
			 technology commission.
(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
			 751-4.12
			 (17A).
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the Iowa telecommunications and
				technology commission must schedule a brief and informal meeting between the
				original petitioner, all intervenors, and the commission, a member of the
				commission, or a member of the staff of the commission, to discuss the
				questions raised. The commission may solicit comments from any person on the
				questions raised. Also, comments on the questions raised may be submitted to
				the commission by any person.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after
			 receipt of a petition for a declaratory order, the executive director or
			 designee shall take action on the petition as required by 1998 Iowa Acts,
			 chapter 1202, section 13(5).
(2)
			 The date of issuance of an order or of a refusal to issue an order is as
			 defined in rule
			 751-4.2
			 (17A).
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The Iowa telecommunications and technology commission shall not issue a
			 declaratory order where prohibited by 1998 Iowa Acts, chapter 1202, section
			 13(1), and may refuse to issue a declaratory order on some or all questions
			 raised for the following reasons:
1. The
			 petition does not substantially comply with the required form.
2. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the failure of the commission to issue an order.
3. The commission does not have jurisdiction
			 over the questions presented in the petition.
4. The questions presented by the petition
			 are also presented in a current rule making, contested case, or other
			 commission or judicial proceeding, that may definitively resolve them.
5. 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.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. 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 commission decision already
			 made.
9. 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.
10. The petitioner
			 requests the commission to determine whether a statute is unconstitutional on
			 its face.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.10 - 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 3 - Declaratory Orders › Rule 751-3.12 - 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
				commission, 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 commission. The issuance of a declaratory order constitutes
				final commission action on the petition.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.1 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to contested case proceedings conducted by
				the Iowa telecommunications and technology commission. Contested cases
				generally include, but are not limited to, appeals of administrative orders
				issued by the executive director and the withdrawal of an authorized user's
				right to use the service offered by the commission.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Commission "
means the Iowa
				telecommunications and technology commission, as designated in Iowa Code
				chapter 8D, as having appellate jurisdiction over a particular matter.
"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.
"Executive director"
means the director or an
				authorized representative of the commission.
"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 commission named
				or admitted as a party or properly seeking and entitled as of right to be
				admitted as a party.
"Presiding officer "
means the administrative
				law judge or, under certain circumstances, members of the commission or the
				entire commission.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the entire commission did not
				preside.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Time shall be computed as provided in Iowa Code section
			 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.4 - Requests for Contested Case Proceeding

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 commission action in
				question.
The request for a contested case proceeding should state the
				name and address of the requester, identify the specific commission 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.5 - 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. 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
			 each contested case in which Iowa Code chapter 17A requires an evidentiary
			 hearing, the chair of the commission will determine whether the hearing shall
			 be held before the commission, one or more members of the commission, or an
			 administrative law judge. 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 20 days after service of a notice of hearing which identifies or
			 describes the presiding officer as the commission head or members of the
			 commission.
(2) The executive
			 director may deny the request only upon a finding that one or more of the
			 following apply:
a. Neither the commission nor
			 any officer of the commission 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. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
d. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
e. Funds are unavailable to
			 pay the costs of an administrative law judge and an intercommission
			 appeal.
f. The request was not
			 timely filed.
g. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.7 - 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. However, the
				commission 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.8 - Telephone or Network Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference or on the Iowa Communications Network in which
				all parties have an opportunity to participate. Other telephone or network
				proceedings, including the hearing for the contested case proceeding, may be
				held with the consent of all parties. The presiding officer will determine the
				location of the parties and witnesses for telephone or network hearings. The
				convenience of the witnesses or parties, as well as the nature of the case,
				will be considered when location is chosen. The cost of the telephone hearing
				or network hearing may be assessed equally to each party.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.9 - 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 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.10 - 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.
(2)
Severance.
The presiding officer may, for good cause shown,
			 order any contested case proceedings or portions thereof severed.