reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.78 - 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, unless otherwise
				permitted by the presiding officer
(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 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 an order of the
				presiding officer
(5) Motions for
				summary judgment. Motions for summary judgment shall comply with the
				requirements of Iowa Rule of Civil Procedure 237 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 45 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 15 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, imless 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 1.92(17A) and appeal pursuant to rule
				  1.91(17A).
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.79 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
For good cause the presiding officer may permit variances
				  from this rule.
(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 presiding officer to all parties.
(2) Each party shall bring to the prehearing
				conference:
a. A final list of the witnesses
				who the party anticipates will testify at the 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 the 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.
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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.80 - 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 an oral application for a continuance must confirm that request by
				  written application within five days after the oral request imless 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 division may waive notice of such requests
				  for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.81 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				  that request prior to the hearing. Unless otherwise provided, a withdrawal
				  shall be with prejudice.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.82 - 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 14 days
				of service of the motion to intervene unless the time period is extended or
				shortened by the presiding officer
(2)
When filed.
Motion for
				leave to intervene shall be filed as early in the proceeding as possible to
				avoid adverse impact on existing parties or the 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
(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.
(4)
Effect of intervention.
If appropriate, the presiding officer may order consolidation of the petitions
				and briefs of different parties whose interests are aligned with each other and
				limit the number of representatives allowed to participate actively in the
				proceedings. A person granted leave to intervene is a party to the proceeding.
				The order granting intervention may restrict the issues that may be raised by
				the intervenor or otherwise condition the intervenor's participation in the
				proceeding.
(5)
Nonresponsive intervenor
If a negotiated settlement is reached
				between all parties except the intervenor, the settlement shall be set down in
				writing and shall contain the various points of settlement and stipulations.
Input from intervenors may assist in the settlement of a
				  contested case. The division will assume an intervenor does not object to a
				  settlement if the intervenor does not respond to the division by signing the
				  settlement or presenting written comments on the settlement within 14 days from
				  the date the settlement is sent for signature. If the parties, other than the
				  intervenor, wish to file the settlement over the objection of the intervenor,
				  the parties shall attach the intervenor's written objection and a statement as
				  to why the intervenor's objection was not acceptable to the other parties and
				  should not block the entering of a final order
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.83 - 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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.84 - 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 opportimity 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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.87 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the division 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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.88 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the
				  commissioner may review an interlocutory order In determining whether to do so,
				  the commissioner shall weigh the extent to which the granting of the
				  interlocutory appeal would expedite final resolution of the case and the extent
				  to which review of that interlocutory order 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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.89 - Final Decision-nonlicense Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When the commissioner presides over the
				reception of evidence at the hearing, the commissioner's decision is a final
				decision.
(2) When the commissioner
				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
				division without further proceedings unless there is an appeal to, or review on
				motion of, the commissioner within the time provided in rule
				1.91(17A).
(3) A settlement
				agreement, when signed by parties and the commissioner or presiding officer, is
				binding on all parties.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.90 - Final Decision-license Decision

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the requirements of rule 1.89(17A), options
				  are available for a final decision in a case involving a license, permit,
				  registration, commission, or similar authorization. The decision may include
				  the following:
1.
				Exoneration.
2. Revocation of
				license.
3. Suspension of license
				imtil further order or for a specific period.
4. Nonrenewal of license.
5. Prohibited permanently from engaging in
				specified procedures or practices until further order or for a specific
				period.
6. Probation.
7. Require additional education or
				training.
8. Require
				reexamination.
9. Order a physical
				examination.
10. Impose civil
				penalty.
11. Issue
				citation.
12. Such other sanctions
				allowed by law as may be appropriate.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.91 - 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 commissioner within 30 days after issuance of the
				proposed decision.
(2)
Review.
The commissioner may initiate review of a proposed
				decision on the commissioner's 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 division. 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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.92 - 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 division's decision on the existing record and whether, on the
				basis of the grounds enumerated in subrule 1.91 (4), the applicant requests an
				opportimity to submit additional evidence.
(3)
Time of filing.
The
				application shall be filed with the division 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 division shall
				serve copies on all parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
				denied unless the division grants the application within 20 days after its
				filing.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.93 - 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 division for a stay of an order issued in that proceeding or
				for other temporary remedies, pending review by the division. The petition
				shall be filed with the notice of appeal and shall state the reasons justifying
				a stay or other temporary remedy. The commissioner may rule on the stay or
				authorize the presiding officer to do so.
b. Any party to a contested case proceeding
				may petition the division 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.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.94 - 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.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.95 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
				action.
To the extent necessary to prevent or avoid immediate danger
				to the public health, safety, or welfare, and consistent with the Constitution
				and other provisions of law, the division may issue a written order in
				compliance with Iowa Code section
				17A.18A
				to suspend a license in whole or in part, order the cessation of any continuing
				activity, order affirmative action, or take other action within the
				jurisdiction of the division by emergency adjudicative order. Before issuing an
				emergency adjudicative order the division shall consider factors including, but
				not limited to, the following:
a. Whether
				there has been a sufficient factual investigation to ensure that the division
				is proceeding on the basis of reliable information;
b. Whether the specific circumstances which
				pose immediate danger to the public health, safety or welfare have been
				identified and determined to be continuing;
c. Whether the person required to comply with
				the emergency adjudicative order may continue to engage in other activities
				without posing immediate danger to the public health, safety or
				welfare;
d. Whether imposition of
				monitoring requirements or other interim safeguards would be sufficient to
				protect the public health, safety or welfare; and
e. Whether the specific action contemplated
				by the division is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VI - Interest, Fees and Charges › Rule 875-1.99 - Interest

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner may assess and collect interest on fees,
				  penalties, and other amounts due the division. Interest shall accrue from the
				  first of the month following the date when payment was due. If it becomes
				  necessary to initiate legal actions to recover the money, the commissioner may
				  recover court costs and attorney fees in addition to the interest. The interest
				  rate shall be 10 percent per annum.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VII - Waivers From Administrative Rules › Rule 875-1.101 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1) These rules
				provide general procedures for waivers from division rules. Specific waiver
				procedures must be followed when applicable. Except where specific statutory
				authority is granted, no waiver may be granted from a requirement or duty
				imposed by statute or when granting a waiver would cause a denial of federal
				funds or be inconsistent with federal statute or regulation. Any waiver must be
				consistent with statute. These waiver procedures do not apply to rules that
				merely define the meaning of a statute or other provision of law unless the
				division possesses delegated authority to bind the courts with its
				rules.
(2) Waivers of rules may be
				granted either in response to a petition for waiver filed within a contested
				case proceeding, or in response to a petition filed in the absence ofa
				contested case proceeding.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VII - Waivers From Administrative Rules › Rule 875-1.102 - Petitions

Current through Register Vol. 47, No. 3, July 24, 2024
If the petition for waiver relates to a pending contested
				  case, the petition shall be filed in the contested case proceeding. Other
				  petitions must be mailed to Labor Commissioner, Division of Labor Services, 150
				  Des Moines Street, Des Moines, Iowa 50309. In either case, the petition shall
				  include the following information where applicable:
(1) The name, address, case file number or
				state identification number, and telephone number of the person requesting the
				waiver and the person's representative, if any.
(2) A description and citation of the
				specific rule to which the petition applies.
(3) The specific waiver requested, including
				the precise scope and time period for the waiver.
(4) The relevant facts the petitioner
				believes justify a waiver.
(5) A
				description of any prior contacts between the division and the petitioner
				relating to the subject matter of the proposed waiver, including but not
				limited to a list or description of division licenses, registrations, or
				permits held by the petitioner, and any notices of violation, citations,
				contested case hearings, or investigative reports relating to the subject
				matter of the proposed waiver within the last five years.
(6) The name, address, and telephone number
				of any public agency or political subdivision which also regulates the activity
				in question or which might be affected by the grant of a waiver.
(7) Any information known to the petitioner
				regarding the division's treatment of similar cases.
(8) The name, address, and telephone number
				of all persons inside or outside state government who would be adversely
				affected by the grant of the petition or who possess knowledge of relevant
				facts.
(9) A signed release of
				information authorizing persons with knowledge regarding the request to furnish
				the division with information pertaining to the waiver.
(10) A signed statement from the petitioner
				attesting to the accuracy of the facts provided in the petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VII - Waivers From Administrative Rules › Rule 875-1.103 - Notice and Acknowledgment

Current through Register Vol. 47, No. 3, July 24, 2024
The division will acknowledge petitions upon receipt. The
				  division shall ensure that notice of the pendency of the petition and a concise
				  summary of its contents have been provided to all persons to whom notice is
				  required by any provision of law within 30 days of receipt of the petition. The
				  division may require the petitioner to serve the notice and a concise summary
				  on all persons to whom notice is required by any provision of law, and provide
				  a written statement to the division attesting that notice has been provided.
				  Notice and a concise summary may also be provided to others.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VII - Waivers From Administrative Rules › Rule 875-1.104 - Review

Current through Register Vol. 47, No. 3, July 24, 2024
Each petition for a waiver shall be evaluated by the agency
				  based on the unique, individual circumstances set out in the petition.
				  Discretion to grant or deny a waiver petition rests with the labor commissioner
				  or the labor commissioner's designee. The burden of persuasion shall be upon
				  the petitioner. The division may request additional information relating to the
				  requested waiver from the petitioner and may conduct any necessary and
				  appropriate investigation.
(1) A
				waiver may be granted if the division finds all of the following based on clear
				and convincing evidence:
a. Application of the
				rule would pose an undue hardship on the person for whom the waiver is
				requested;
b. The provisions of a
				rule subject to a petition for a waiver are not specifically mandated by
				statute or another provision of law;
c. Waiver of the rule in the specific
				circumstances would not prejudice the substantial legal rights of any person or
				cause a denial of federal funds; and
d. Substantially equal protection of public
				health, safety, and welfare will be afforded by a means other than that
				prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VII - Waivers From Administrative Rules › Rule 875-1.105 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The division
				shall grant or deny all requests as soon as practicable, but no later than 120
				days from receipt without consent of the petitioner. However, waiver petitions
				filed in contested cases shall be granted or denied no later than the date of
				the decision in the contested case proceeding. Failure to grant or deny a
				petition within the required time period shall be deemed a denial.
(2) If a waiver is granted, it shall be
				drafted to provide the narrowest exception possible to the provisions of the
				rule. The ruling shall be in writing and shall include the reasons for granting
				or denying the petition and, if approved, the time period during which the
				waiver is effective. The division may place any condition on a waiver that the
				division finds desirable to protect the public health, safety, and
				welfare.
(3) Within seven days of
				issuance of the ruling, a copy shall be mailed to the petitioner or the
				petitioner's representative, and to any other person(s) entitled to such notice
				by any provision of law or rule.
(4) Information about all orders granting or
				denying a waiver petition shall be submitted to the legislative services agency
				through the designated Internet site within 60 days of the granting or denying
				of the petition. The information submitted is available to the public via the
				website.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VII - Waivers From Administrative Rules › Rule 875-1.106 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the provisions of Iowa Code section
				  17A.3(1)
"e,"
orders granting and denying waivers shall be indexed by
				  rule and available for public inspection.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VII - Waivers From Administrative Rules › Rule 875-1.107 - Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
The division may cancel a waiver upon appropriate notice and
				  hearing if the facts alleged in the petition or supplemental information
				  provided were not true, material facts were withheld or have changed, the
				  alternative means of compliance provided in the waiver have failed to achieve
				  the objectives of the statute, the requester has failed to comply with
				  conditions set forth in the waiver approval, or the rule or enabling Act has
				  been amended.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VII - Waivers From Administrative Rules › Rule 875-1.108 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of conditions in the waiver approval is the
				  equivalent of violation of the particular rule for which the waiver is granted
				  and is subject to the same remedies or penalties.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VII - Waivers From Administrative Rules › Rule 875-1.109 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Appeal from a decision granting or denying a waiver shall be
				  in accordance with the procedures provided in Iowa Code chapter 17A. An appeal
				  shall be taken within 30 days of the ruling. However, any appeal from a
				  decision on a petition for waiver in a contested case proceeding shall be in
				  accordance with the procedures for appeal of the contested case
				  decision.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VIII - Petitions for Rulemaking › Rule 875-1.110 - Petitions for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person or agency may file a petition for rule making with
				  the commissioner requesting the adoption, amendment or repeal of a rule. The
				  petition shall be filed at the location specified in subrule 1.3(2). The
				  petition must be in writing and provide the following information where
				  applicable and known to the petitioner:
(1) A statement of the specific rule-making
				action sought by the petitioner including the text or a summary of the contents
				of the proposed rule or amendment to a rule and, if it is a petition to amend
				or repeal a rule, a citation to and the relevant language of the particular
				portion or portions of the rule proposed to be amended or repealed.
(2) A citation to any law deemed
				relevant.
(3) A brief summary of
				petitioner's arguments in support of the action urged in the
				petition.
(4) A brief summary of
				any data supporting the action urged in the petition.
(5) 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 proposed action which is the subject of the
				petition.
(6) The petition must be
				dated and signed by the petitioner or the petitioner's representative. The
				petition must also include the name, mailing 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.
				If desired, the petition should also provide an email address and a statement
				that email is an acceptable method for communication.
(7) The commissioner may deny a petition
				because it does not provide the required information.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VIII - Petitions for Rulemaking › Rule 875-1.111 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support
				  of the action urged in the petition. The commissioner may request a brief from
				  the petitioner or from any other person concerning the substance of the
				  petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division VIII - Petitions for Rulemaking › Rule 875-1.112 - Review Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
				60 days after the filing of the petition, or within any longer period agreed to
				by the petitioner, the commissioner shall deny the petition in writing and
				notify the petitioner of its action and the specific grounds for the denial, or
				grant the petition and notify the petitioner that the commissioner will
				institute rule-making proceedings on the subject of the petition. Notice shall
				be sent to the petitioner by regular mail or email if appropriate. The
				petitioner shall be deemed notified of the denial or granting of the petition
				on the date the notification is mailed to the petitioner. Copies of the
				petition and the document granting or denying the petition shall be sent to the
				administrative rules review committee.
(2) Denial of a petition because it does not
				contain the required information does not preclude the filing of a new petition
				on the same subject that seeks to correct the deficiencies.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 4 - Recording and Reporting Occupational Injuries and Illnesses › Rule 875-4.2 - First Reports of Injury

Current through Register Vol. 47, No. 3, July 24, 2024
A report to the division of workers' compensation is considered
				to be a report to the division of labor services. The division of workers'
				compensation will forward all reports to the division of labor
				services.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 4 - Recording and Reporting Occupational Injuries and Illnesses › Rule 875-4.3 - Recording and Reporting Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
Except as noted in this rule, the federal Occupational Safety
				and Health Administration (OSHA) regulations at
				29 CFR
				1904.0 through
				1904.46 as published at 66 Fed.
				Reg. 6122 through 6135 (January 19, 2001) are adopted.
(1) The following amendments to
			 29 CFR
			 1904.0 through
			 1904.46 are adopted:
a. 66 Fed. Reg. 520 31-52034 (October 12,
			 2001)
b. 67 Fed. Reg. 440 47 (July
			 1, 2002)
c. 67 Fed. Reg. 771 70
			 (December 17, 2002)
d. 68 Fed. Reg.
			 386 06 (June 30, 2003)
e. 79 Fed.
			 Reg. 561 86 (September 18, 2014)
f.
			 81 Fed. Reg. 296 91 (May 12, 2016)
g. 81 Fed. Reg. 318 54 (May 20,
			 2016)
h. 84 Fed. Reg. 405 (January
			 25, 2019)
i. 84 Fed. Reg. 214 57
			 (May 14, 2019)
j. 85 Fed. Reg. 873
			 1 (February 18, 2020)
k. 88 Fed.
			 Reg. 472 54 (July 21, 2023)
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.2 - Objection to Inspection

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon a
				refusal to permit a compliance safety and health officer, in the exercise of
				official duties, to enter without delay and at reasonable times any place of
				employment or any place therein, to inspect, to review records or to question
				any employer, owner, operator, agent or employee, or to permit a representative
				of employees to accompany the compliance safety and health officer during the
				physical inspection of any workplace, the compliance safety and health officer
				shall terminate the inspection or confine the inspection to other areas,
				conditions, structures, machines, apparatus, devices, equipment, materials,
				records or interviews concerning which no objection is raised. The compliance
				safety and health officer shall endeavor to ascertain the reason for such
				refusal and shall immediately report the refusal and the reason therefor to the
				labor commissioner or the commissioner's designee. The labor commissioner shall
				promptly take appropriate action, including compulsory process, if
				necessary.
(2) Compulsory process
				shall be sought in advance of an attempted inspection or investigation if, in
				the judgment of the labor commissioner or a designee, circumstances exist that
				make such preinspection process desirable or necessary.
(3) For the purposes of this rule, the term
				"compulsory process" shall mean the institution of any appropriate action,
				including ex parte application for an inspection warrant or its equivalent. Ex
				parte inspection warrants shall be the preferred form of compulsory process in
				all circumstances where compulsory process is relied upon to seek entry to a
				workplace under this rule.
This rule is intended to implement Iowa Code section
				  88.6(1).
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.3 - Entry Not a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
Any permission to enter, inspect, review records or question
				  any person shall not imply or be conditioned upon a waiver of any cause of
				  action, citation or penalty under the Act. Compliance safety and health
				  officers are not authorized to grant any such waiver.
This rule is intended to implement Iowa Code section
				  88.6(1).
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.4 - Advance Notice of Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Advance notice of inspections may not be given, except in the following
				situations:
a. In cases of apparent imminent
				danger, to enable the employer to abate the danger as quickly as
				possible;
b. In circumstances where
				the inspection can most effectively be conducted after regular business hours
				or where special preparations are necessary for an inspection;
c. In circumstances where necessary to ensure
				the presence of representatives of the employer and employees or the
				appropriate personnel needed to aid in the inspection; and
d. In other circumstances where the labor
				commissioner or the commissioner's designee determines that the giving of
				advance notice would enhance the probability of an effective and thorough
				inspection.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.5 - Conduct of Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
(1) At the
				beginning of an inspection, compliance safety and health officers shall present
				their credentials to the owner, operator or agent in charge at the
				establishment; explain the nature and purpose of the inspection; and indicate
				generally the scope of the inspection and the records the compliance safety and
				health officers wish to review. However, such designation of records shall not
				preclude access to additional records.
(2) Compliance safety and health officers
				shall have the authority to take environmental samples and to take or obtain
				photographs related to the purpose of the inspection; employ other reasonable
				investigative techniques; and question privately any employer, owner, operator,
				agent or employee of the establishment. As used herein, the term "employ other
				reasonable investigative techniques" includes but is not limited to the use of
				cameras, audio and videotaping equipment, and devices to measure employee
				exposures and the attachment of personal sampling equipment such as dosimeters,
				pumps, badges and other similar devices to employees in order to monitor their
				exposures.
(3) Compliance safety
				and health officers shall comply with all employer safety and health rules and
				practices at the establishment being inspected, and they shall wear and use
				appropriate protective clothing and equipment.
(4) The conduct of inspections shall be such
				as to preclude unreasonable disruption of the operations of the employer's
				establishment.
(5) At the
				conclusion of the inspection, the compliance safety and health officer shall
				confer with the employer or representative and informally advise the employer
				or representative of any apparent safety or health violations disclosed by the
				inspection. During the conference, the employer shall be afforded an
				opportunity to bring to the attention of the compliance safety and health
				officer any pertinent information regarding conditions in the workplace.
This rule is intended to implement Iowa Code section
				  88.6(1).
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.6 - Representatives of Employers and Employees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Compliance safety and health officers
				shall be in charge of inspections and questioning of persons. A representative
				of the employer and a representative authorized by employees shall be given an
				opportunity to accompany the compliance safety and health officer during the
				physical inspection of any workplace for the purpose of aiding the inspection.
				A compliance safety and health officer may permit additional employer
				representatives and additional representatives authorized by employees to
				accompany the compliance safety and health officer where the compliance safety
				and health officer determines that the additional representatives will further
				aid the inspection. A different employer and employee representative may
				accompany the compliance safety and health officer during each different phase
				of an inspection if this will not interfere with the conduct of the
				inspection.
(2) Compliance safety
				and health officers shall have authority to resolve all disputes as to who is
				the representative authorized by the employer and employees for the purpose of
				this rule. If there is no authorized representative of employees, or if the
				compliance safety and health officer is unable to determine with reasonable
				certainty who is the representative, the compliance safety and health officer
				should consult with a reasonable number of employees concerning matters of
				safety and health in the workplace.
(3) A representative authorized by employees
				may be an employee of the employer. However, if in the judgment of the
				compliance safety and health officer, good cause has been shown why
				accompaniment by a third party who is not an employee of the employer (such as
				an industrial hygienist or a safety engineer) is reasonably necessary to the
				conduct of an effective and thorough physical inspection of the workplace, the
				third party may accompany the compliance safety and health officer during the
				inspection.
(4) Compliance safety
				and health officers are authorized to deny the right of accompaniment under
				this rule to any person whose conduct interferes with a fair and orderly
				inspection.
This rule is intended to implement Iowa Code sections
				  88.6(1)  and
				  88.6(4).