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Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.35 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of
				the Notice of Intended Action, persons may submit argument, data, and views, in
				writing, on the proposed rule. Such written submissions shall identify the
				proposed rule to which they relate and shall be submitted to the person and
				address designated in the Notice of Intended Action.
(2)
Oral proceedings.
The
				division will schedule an oral proceeding on a proposed rule. The division's
				scheduled oral proceeding on a proposed rule will be held if, within 20 days
				after the published Notice of Intended Action, a written request for an
				opportunity to make oral presentations is submitted to the division's rules
				coordinator by the administrative rules review committee, a governmental
				subdivision, an agency, an association having not less than 25 members, or at
				least 25 persons. That request must also contain the following additional
				information:
a. A request by one or more
				individual persons must be signed by each of them and include the address and
				telephone number of each of them.
b. A request by an association must be signed
				by an officer or designee of the association and must contain a statement that
				the association has at least 25 members and the address and telephone number of
				the person signing that request.
c.
				A request by an agency or governmental subdivision must be signed by an
				official having authority to act on behalf of the entity and must contain the
				address and telephone number of the person signing that request.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.36 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined in
				Iowa Code section
				17A.4A(8).
(2)
Mailing list.
Rescinded
				IAB 8/28/19, effective 10/2/19.
(3)
Time of mailing.
Rescinded IAB 8/28/19, effective
				10/2/19.
(4)
Qualified
				requesters for regulatory analysis
-
economic impact.
The division will issue a regulatory analysis of a proposed rule that conforms
				to the requirements of Iowa Code section
				17A.4A, after
				a proper request from:
a. The administrative
				rules coordinator;
b. The
				administrative rules review committee.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.37 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				division will prepare and submit a fiscal impact statement to satisfy the
				requirements of Iowa Code sections
				17A.4(4)
				 and
				25B.6 if a notice of
				intended action or a rule filed without notice necessitates new annual
				expenditures of at least $100,000 or combined expenditures of at least $500,000
				within five years by all affected persons.
(2) If the division determines at the time it
				adopts a rule that the fiscal impact statement upon which the rule is based
				contains errors, the division will, at the same time, issue a corrected fiscal
				impact statement and publish the corrected fiscal impact statement in the Iowa
				Administrative Bulletin.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.38 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The division will not adopt a rule until the
				period for making written submissions and oral presentations has expired.
				Within 180 days after the later of the publication of the Notice of Intended
				Action, or the end of oral proceedings thereon, the division will adopt a rule
				pursuant to the rule-making proceeding or terminate the proceeding by
				publication of a notice to that effect in the Iowa Administrative
				Bulletin.
(2)
Consideration
				of public comment.
Before the adoption of a rule, the division will
				consider fully all of the written submissions and oral submissions received in
				that rule-making proceeding or any memorandum summarizing such oral
				submissions, and any regulatory analysis or fiscal impact statement issued in
				that rule-making proceeding.
(3)
Reliance on agency expertise.
Except as otherwise provided by
				law, the division may use its own experience, technical competence, specialized
				knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.39 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The division
				will not adopt a rule that differs from the rule proposed in the Notice of
				Intended Action on which the rule is based unless:
a. The differences are within the scope of
				the subject matter announced in the Notice of Intended Action and are in
				character with the issues raised in that notice;
b. The differences are a logical outgrowth of
				the contents of that Notice of Intended Action and the comments submitted in
				response thereto; and
c. The Notice
				of Intended Action provided fair warning that the outcome of that rule-making
				proceeding could be the rule in question.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.40 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
				comment.
Pursuant to Iowa Code section
				17A.4(3)
"a, "
the division may adopt a rule without publishing advance
				notice of intended action in the Iowa Administrative Bulletin and without
				providing for public comment when the statute so provides or if the
				administrative rules review committee approves.
(2)
Providing for notice and comment
				for a rule adopted without notice and comment.
The commissioner may
				begin a standard rule-making proceeding for the adoption of a rule that is
				identical or similar to a rule adopted without notice and comment. After notice
				under this subrule, the commissioner may take any lawful action, including
				amendment, adoption, or repeal of the rule.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.41 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested
				by a person, either prior to the adoption of a rule or within 30 days after its
				publication in the Iowa Administrative Bulletin as an adopted rule, the
				division will issue a concise statement of reasons for the rule. Requests for
				such a statement must be in writing and be delivered to the Division of Labor
				Services, Division Rules Coordinator, 150 Des Moines Street, Des Moines, Iowa
				50309. The request should indicate whether the statement is sought for all or
				only a specified part of the rule. Requests will be considered made on the date
				received.
(2)
Contents.
The concise statement of reasons will contain:
a. The reasons for adopting the
				rule;
b. An indication of any
				change between the text of the proposed rule contained in the published Notice
				of Intended Action and the text of the rule as finally adopted, with the
				reasons for any such change;
c. The
				principal reasons urged in the rule-making proceeding for and against the rule,
				and the division's reasons for overruling the arguments made against the
				rule.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.42 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
				adopted by the division will contain the text of the rule and, in addition:
a. The date the division adopted the
				rule;
b. A brief explanation of the
				principal reasons for the rule-making action if such reasons are required by
				Iowa Code section
				17A.4(2)
				 or the division in its discretion decides to
				include the reasons;
c. A reference
				to all rules repealed, amended, or suspended by the rule;
d. A reference to the specific statutory or
				other authority authorizing adoption of the rule;
e. Any findings required by any provision of
				law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
				reasons for the failure to provide for waivers to the rule if no waiver
				provision is included and a brief explanation of any waiver or special
				exceptions provided in the rule if such reasons are required by Iowa Code
				section
				17A.4(2)
				 or the division in its discretion decides to
				include such reasons; and
g. The
				effective date of the rule.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.43 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The
				division will maintain an official rule-making record for each rule it proposes
				by publication in the Iowa Administrative Bulletin of a Notice of Intended
				Action, or adopts. The rule-making record and materials incorporated by
				reference will be available for public inspection.
(2)
Contents.
The division's
				rule-making record will contain:
a. Copies of
				all publications in the Iowa Administrative Bulletin with respect to the rule
				or the proceeding upon which the rule is based and any file-stamped copies of
				the division's submissions to the administrative rules coordinator concerning
				that rule or the proceeding upon which it is based;
b. Copies of any portions of the division's
				public rule-making docket containing entries relating to the rule or the
				proceeding upon which the rule is based;
c. All written petitions, requests, and
				submissions received by the division, and all other written materials of a
				factual nature as distinguished from opinion that are relevant to the merits of
				the rule and that were created or compiled by the division and considered by
				the labor commissioner, in connection with the formulation, proposal, or
				adoption of the rule or the proceeding upon which the rule is based, except to
				the extent the division is authorized by law to keep them confidential;
				provided, however, that when any such materials are deleted because they are
				authorized by law to be kept confidential, the division will identify in the
				record the particular materials deleted and state the reasons for that
				deletion;
d. Any official
				transcript of oral presentations made in the proceeding upon which the rule is
				based or, if not transcribed, the stenographic record or electronic recording
				of those presentations, and any memorandum prepared by a presiding officer
				summarizing the contents of those presentations;
e. A copy of any regulatory analysis or
				fiscal impact statement prepared for the proceeding upon which the rule is
				based;
f. A copy of the rule and
				any concise statement of reasons prepared for that rule;
g. All petitions for amendments of, or repeal
				or suspension of, the rule;
h. A
				copy of any objection to the issuance of that rule without public notice and
				participation that was filed pursuant to Iowa Code section
				17A.4(2)
				 by the administrative rules review
				committee, the governor, or the attorney general;
i. A copy of any objection to the rule filed
				by the administrative rules review committee, the governor, or the attorney
				general pursuant to Iowa Code section
				17A.4(4),
				and any agency response to that objection; and
j A copy of any executive order concerning
				the rule.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.44 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The division will file each rule it adopts in the office of
				  the administrative rules coordinator The filing must be executed as soon after
				  adoption of the rule as is practicable. At the time of filing, each rule must
				  have attached to it any fiscal note impact statement and any concise statement
				  of reasons that was issued with respect to that rule. If a fiscal note impact
				  statement or statement of reasons for that rule was not issued until a time
				  subsequent to the filing of that rule, the note or statement must be attached
				  to the filed rule within five working days after the note or statement is
				  issued. In filing a rule, the division will use the standard form prescribed by
				  the administrative rules coordinator
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.45 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The division
				may make a rule effective after its filing at any stated time prior to 35 days
				after its indexing and publication in the Iowa Administrative Bulletin if it
				finds that a statute so provides, the rule confers a benefit or removes a
				restriction on some segment of the public, or that the effective date of the
				rule is necessary to avoid imminent peril to the public health, safety, or
				welfare. The division will incorporate the required finding and a brief
				statement of its supporting reasons in each rule adopted in reliance upon this
				subrule.
(2)
Special
				notice.
When the division makes a rule effective prior to its indexing
				and publication in reliance upon the provisions of Iowa Code section
				17A.5(2)
"b"
(3), the division will
				employ all reasonable efforts to make its contents known to the persons who may
				be affected by that rule prior to the rule's indexing and publication. The term
				"all reasonable efforts" requires the division to employ the most effective and
				prompt means of notice rationally calculated to inform potentially affected
				parties of the effectiveness of the rule that is justified and practical under
				the circumstances considering the various alternatives available for this
				purpose, the comparative costs to the division of utilizing each of those
				alternatives, and the harm suffered by affected persons from any lack of notice
				concerning the contents of the rule prior to its indexing and publication. The
				means that may be used for providing notice of rules prior to their indexing
				and publication include, but are not limited to, any one or more of the
				following means: radio, newspaper, television, signs, mail, telephone, or
				personal notice or electronic means.
A rule made effective prior to its indexing and publication
				  in reliance upon the provisions of Iowa Code section 17A.5(2)
"b
"(3) shall include in that rule a statement describing the
				  reasonable efforts that will be used to comply with the requirements of subrule
				  1.45(2).
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.46 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public
				inspection.
The division will maintain an official, current, and dated
				compilation that is indexed by subject, containing all of its general
				statements of policy within the scope of Iowa Code section
				17A.2(11)
"a," "c," "f," "g," "h,"
and
"k."
Each
				addition to, change in, or deletion from the official compilation must also be
				dated, indexed, and a record thereof kept. Except for those portions containing
				rules governed by Iowa Code section 17A.2(11)
"f,"
or otherwise
				authorized by law to be kept confidential, the compilation must be made
				available for public inspection and copying.
(2)
Enforcement of
				requirements.
A general statement of policy subject to the
				requirements of this subrule shall not be relied on by the division to the
				detriment of any person who does not have actual, timely knowledge of the
				contents of the statement until the requirements of subrule 1.46(1) are
				satisfied. This provision is inapplicable to the extent necessary to avoid
				imminent peril to the public health, safety, or welfare.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.47 - Review by Agency of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
				interested person, association, agency, or political subdivision may submit a
				written request to the administrative rules coordinator requesting the division
				to conduct a formal review of a specified rule. Upon approval of that request
				by the administrative rules coordinator, the division will conduct a formal
				review of a specified rule to determine whether a new rule should be adopted
				instead or the rule should be amended or repealed. The division may refuse to
				conduct a review if it has conducted such a review of the specified rule within
				five years prior to the filing of the written request.
(2) In conducting the formal review, the
				division will prepare within a reasonable time a written report summarizing its
				findings, its supporting reasons, and any proposed course of action. The report
				must include a concise statement of the division's findings regarding the
				rule's effectiveness in achieving its objectives, including a summary of any
				available supporting data. The report shall also concisely describe significant
				written criticisms of the rule received during the previous five years,
				including a summary of any petitions for waiver of the rule received by the
				division or granted by the division. The report shall describe alternative
				solutions to resolve the criticisms of the rule, the reasons any were rejected,
				and any changes made in the rule in response to the criticisms as well as the
				reasons for the changes. A copy of the division's report shall be sent to the
				administrative rules review committee and the administrative rules coordinator.
				The report must also be available for public inspection.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.50 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the division for a
				  declaratory order as to the applicability to specified circumstances of a
				  statute, rule, or order within the primary jurisdiction of the division. A
				  petition is deemed filed when it is received by the division. The division
				  shall provide the petitioner with a file-stamped copy of the petition if the
				  petitioner provides the division an extra copy for this purpose. The petition
				  must be typewritten or legibly handwritten in ink and must substantially
				  conform to the following form.
DIVISION OF LABOR SERVICES
Petition by (Name of Petitioner) for a Declaratory Order on
				  (Cite provisions of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
				relevant facts on which the order is requested.
2. A citation and the relevant language of
				the specific statutes, rules, policies, decisions, or orders, whose
				applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
				stated clearly and concisely.
4.
				The answers to the questions desired by the petitioner and a summary of the
				reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
				order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
				petitioner is currently a party to another proceeding involving the questions
				at issue and whether, to the petitioner's knowledge, those questions have been
				decided by, are pending determination by, or are under investigation by, any
				governmental entity.
7. The names
				and addresses of other persons, or a description of any class of persons, known
				by petitioner to be affected by, or interested in, the questions presented in
				the petition.
8. Any request by
				petitioner for a meeting provided for by rule 1.53(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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.51 - 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 division shall give notice of the petition to all persons not served
				  by the petitioner pursuant to rule 1.55(17A) to whom notice is required by any
				  provision of law. The division may also give notice to any other
				  persons.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.52 - 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 division.
(3)
				A petition for intervention shall be mailed to Division of Labor Services, 150
				Des Moines Street, Des Moines, Iowa 50309. The petition is deemed filed when it
				is received by that office. The division 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 legible and
				must substantially conform to the following form:
DIVISION OF LABOR SERVICES
Click here
				  to view Image
The petition for intervention must provide the following
				  information:
1. Facts supporting the
				intervenor'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 intervenor'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 intervenor'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 intervenor's representative. It must also include the name, mailing
				  address, and telephone number of the intervenor and intervenor's
				  representative, and a statement indicating the person to whom communications
				  should be directed.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.53 - 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 division may request a brief from the petitioner,
				  any intervenor, or any other person concerning the questions
				  raised.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.54 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				  proceeding may be mailed to Division of Labor Services, 150 Des Moines Street,
				  Des Moines, Iowa 50309.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.55 - 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 Declaratory Orders
				Coordinator, Division of Labor Services, 150 Des Moines Street, Des Moines,
				Iowa 50309. All petitions, briefs, or other papers that are required to be
				served upon a party shall be filed simultaneously with the division.
(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
				875-1.75 (17A).
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.56 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the division shall schedule a
				  brief and informal meeting between the original petitioner, all intervenors, or
				  a member of the staff of the division, to discuss the questions raised. The
				  division may solicit comments from any person on the questions raised. Also,
				  comments on the questions raised may be submitted to the division by any
				  person.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.57 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
				the time allowed by Iowa Code section
				17A.9, after
				receipt of a petition for a declaratory order, the labor commissioner or
				designee shall take action on the petition as required by Iowa Code section
				17A.9.
(2) The date of issuance of an order or of a
				refusal to issue an order is as defined in rule
				875-1.66 (17A).
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.58 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				division shall not issue a declaratory order where prohibited by Iowa Code
				section
				17A.9 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 division to issue an order.
3. The division 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 division
				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 division 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 division to determine whether a statute is unconstitutional on its
				face.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.59 - 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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.60 - Copies of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A copy of all orders issued in response to a petition for a
				  declaratory order shall be mailed promptly to the original petitioner and all
				  intervenors.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division IV - Declaratory Orders › Rule 875-1.61 - 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
				  division, 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
				  division. The issuance of a declaratory order constitutes final agency action
				  on the petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.65 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This division applies to contested case proceedings conducted
				  by the division of labor services. Rules of the employment appeal board are
				  applicable for some contested cases regarding boiler safety, occupational
				  safety and health, and contractor registration.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.66 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined
				  by Iowa Code section
				  17A.2(5)
				   and includes a contested case without a
				  factual dispute pursuant to Iowa Code section
				  17A.10A.
"Issuance "
means the date of mailing of a
				  decision or order or date of delivery if service is by other means unless
				  another date is specified in the order.
"Party"
means each person or agency named or
				  admitted as a party or properly seeking and entitled as of right to be admitted
				  as a party.
"Presiding officer "
means the labor
				  commissioner or designee.
"Proposed decision "
means the presiding
				  officer's recommended findings of fact, conclusions of law, decision, and order
				  in a contested case in which the division of labor services did not
				  preside.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.67 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
				shall be computed as provided in Iowa Code subsection
				4.1(34).
(2) For good cause, the presiding officer may
				extend or shorten the time to take any action, except as precluded by statute.
				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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.68 - 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 specfied in the division's action in
				  question.
The request for a contested case proceeding should state the
				  name and address of the requester, identify the specific division action which
				  is disputed, and include a short and plain statement of the issues of material
				  fact in dispute. If 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.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.69 - 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;
b.
				Certified mail, return receipt requested;
c. First-class mail;
d. Publication, as provided in the Iowa Rules
				of Civil Procedure; or
e. If
				requested, by facsimile, or electronic transmission.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.70 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party
				who wishes to request that the presiding officer assigned to render a proposed
				decision be an administrative law judge employed by the department of
				inspections and appeals must file a written request within 20 days, or such
				other time period as the order may prescribe, after service of a notice of
				hearing which identifies or describes the presiding officer as the labor
				commissioner
(2) The division may
				deny the request only upon a finding that one or more of the following apply:
a. Neither the division nor the commissioner
				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 interagency appeal.
f.The request was not timely filed.
g. The request is not consistent with a
				specified statute.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.71 - 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 division
				  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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.72 - 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, or 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 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.73 - 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.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.74 - Answer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Answer.
a. Any answer
				required in a contested case proceeding shall be filed within 20 days of
				delivery of the notice of hearing or subsequent order of the presiding officer,
				unless otherwise ordered.
b. An
				answer shall state in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
				the petition is filed;
(2) The
				particular provisions of statutes and rules involved;
(3) The relief demanded and the facts and law
				relied upon for such relief; and
(4) The name, address and telephone number of
				the party and the party's attorney, if any.
c. A party may move to dismiss or apply for a
				more definite and detailed statement when appropriate.
An answer shall show on whose behalf it is filed and
				  specifically admit, deny, or otherwise answer all material allegations of the
				  notice of hearing. It shall state any facts deemed to show an affirmative
				  defense and contain as many additional defenses as the pleader may
				  claim.
Any allegation in the notice of hearing not denied in the
				  answer is considered admitted. The presiding officer may refuse to consider any
				  defense not raised in the answer which could have been raised on the basis of
				  facts known when the answer was filed if any party would be prejudiced.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.75 - Pleadings, Service and Filing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pleadings may be required by rule, by the
				notice of hearing, or by order of the presiding officer
(2) When service is required. Except where
				otherwise provided by law, every pleading, motion, document, or other paper
				filed in a contested case proceeding and every paper relating to discovery in a
				proceeding shall be served upon each of the parties of record to the
				proceeding, including the person designated as attorney for the division,
				simultaneously with their filing. Except for the original notice of hearing and
				an application for rehearing as provided in Iowa Code section
				17A.16(2),
				the party filing a document is responsible for service on all
				parties.
(3) How service is made.
				Service upon a party represented by an attorney shall be made upon the attorney
				unless otherwise ordered. Service is made by delivery or by mailing a copy to
				the person's last-known address. Service by mail is complete upon mailing,
				except where otherwise specifically provided by statute, rule, or
				order
(4) When filing is required.
				After the notice of hearing, all pleadings, motions, documents or other papers
				in a contested case proceeding shall be mailed to the division at 150 Des
				Moines Street, Des Moines, Iowa 50309. All pleadings, motions, documents or
				other papers that are required to be served upon a party shall be filed
				simultaneously with the division.
(5) When filing is made. Except where
				otherwise provided by law, a document is deemed filed at the time it is
				delivered to the division, delivered to an established courier service for
				immediate delivery to the division, or mailed by first-class mail or state
				interoffice mail to the division, so long as there is proof of
				mailing.
(6) Proof of mailing.
				Proof of mailing includes either: a legible United States Postal Service
				postmark on the envelope, a certificate of service, a notarized affidavit, or a
				certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws
				  of Iowa that, on (date of mailing), I mailed copies of (describe document)
				  addressed to the Division of Labor Services, 150 Des Moines Street, Des Moines,
				  Iowa 50309, and to the names and addresses of the parties listed below by
				  depositing the same in (state: a United States post office mailbox with correct
				  postage properly affixed, state interoffice mail, courier).
(Date) (Signature)
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.76 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
				procedures applicable in civil actions are applicable in contested cases.
				Unless lengthened or shortened by an order of the presiding officer, time
				periods for compliance with discovery shall be as provided in the Iowa Rules of
				Civil Procedure.
(2) Any motion
				relating to discovery shall allege that the moving party has previously made a
				good-faith attempt to resolve the discovery issues involved with the opposing
				party. Motions in regard to discovery shall be ruled upon by the presiding
				officer. Opposing parties shall be afforded the opportimity to respond within
				ten days of the filing of the motion unless the time is shortened as provided
				in subrule 1.76(1). The presiding officer may rule on the basis of the written
				motion and any response, or may order argument on the motion.
(3) Evidence obtained in discovery may be
				used in the contested case proceeding if that evidence would otherwise be
				admissible in that proceeding.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.77 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. A division
				subpoena shall be issued to a party upon written request. The request shall
				include the name, address, and telephone number of the requesting party. In the
				absence of good cause for permitting later action, a request for a subpoena
				must be received at least three days before the scheduled hearing.
b. Except to the extent otherwise provided by
				law, parties are responsible for service of their own subpoenas and payment of
				witness fees and mileage expenses.