Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 17 - Assessments › Rule 199-17.10 - Objection Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				person subject to an assessment shall either pay the amount assessed or file an
				objection to the assessment as set forth in this rule within 30 days of the
				date the commission provides notice of the amount due to the person.
(2) An objection must be in writing and must
				set forth the specific grounds upon which the person claims the assessment is
				excessive, unreasonable, erroneous, unlawful, or invalid. The objection shall
				identify whether the person objects to the assessment of expenses certified by
				the commission, to the assessment of expenses certified by the consumer
				advocate, or both. If the person wishes to orally present argument to the
				commission, the request for oral argument must be included in the objection.
				Absent a request for oral argument, the commission will consider the objection
				based solely on the submission of written evidence and argument. The person may
				include with the objection such evidence or information the person believes
				relevant to support the person's claim.
(3) Upon receipt of an objection as described
				in subrule 17.10(2), the objection will be assigned a docket number in the
				commission's electronic filing system, which shall include all filings
				pertaining to the objection. The consumer advocate shall receive notice of the
				objection through the commission's electronic filing system.
(4) This rule does not preclude the consumer
				advocate or commission staff from directly resolving an objection concerning
				the assessment of expenses certified by the consumer advocate with the person
				raising the objection. In the event an objection is informally resolved, the
				fact that a resolution has occurred shall be filed in the docket.
(5) If the objection concerns the assessment
				of expenses certified by the consumer advocate, within 30 days from the date of
				the objection, the consumer advocate may file responsive argument, evidence,
				and other information with the commission. In the event the person filing an
				objection has not requested oral argument, the consumer advocate may request
				oral argument.
(6) If oral argument
				is requested or if the objecting person or the consumer advocate requests
				additional opportunity to submit written argument and evidence, the commission
				will issue a scheduling order. At the time and place for oral argument, the
				objecting person and the consumer advocate, if applicable, will be afforded the
				opportunity to present argument to the commission.
(7) Following the final submission of written
				material or oral argument, the commission shall issue an order in accordance
				with its findings. In the event the commission affirms the assessment, in whole
				or in part, the person shall pay the amount identified in the commission's
				order within 30 days from the date of the order.
(8) The objection procedures set forth in
				this rule may not be used by a person to challenge or revisit a direct
				assessment determination made in a final commission order, including those
				issued under subrule 17.6(3). An objection to a direct assessment determination
				made in a final commission order must be brought pursuant to Iowa Code section
				476.12 or the judicial review procedures in Iowa Code chapter 17A.
(9) Commission expenses incurred in an
				objection proceeding shall be included in industry direct
				assessments.