reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.3 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to this chapter,
				  the board may, in its sole discretion, issue an order waiving, in whole or in
				  part, the requirements of a rule as applied to an identified person on the
				  basis of the particular circumstances of that person if the board finds, based
				  on clear and convincing evidence, all of the following:
(1) The application of the rule would impose
				an undue hardship on the person for whom the waiver is requested;
(2) The waiver from the requirements of the
				rule in the specific case would not prejudice the substantial legal rights of
				any person;
(3) The provisions of
				the rule subject to the petition for a waiver are not specifically mandated by
				statute or another provision of law; and
(4) 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 › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.4 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				  board as follows:
(1)
Contested cases.
If the petition relates to a pending
				contested case, the petition shall be filed in the contested case proceeding,
				using the caption of the contested case.
(2)
Other.
If the petition
				does not relate to a pending contested case, the petition may be submitted with
				a caption containing the name of the person for whom the waiver is
				requested.
(3)
Filing
				petition.
A petition is deemed filed when it is received in the
				board's office. A petition and related materials for consideration should be
				sent to the Boiler and Pressure Vessel Board, Department of Workforce
				Development, Division of Labor Services, 150 Des Moines Street, Des Moines,
				Iowa 50309.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.5 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
The required form for a petition for waiver is available on
				  the board's website at
iowaboilers.gov
. A petition for
				  waiver shall include the following information where applicable and known to
				  the petitioner:
(1) The name, address,
				and telephone number of the entity or person for whom a waiver is being
				requested; the case number of or other reference to any related contested case;
				and the name, address, and telephone number of the petitioner's legal
				representative, if any.
(2) A
				description of and citation to the specific rule from which a waiver is
				requested.
(3) The specific waiver
				requested, including the precise scope and duration.
(4) The relevant facts that the petitioner
				believes would justify a waiver under each of the four criteria described in
				rule 875-81.3 (17A,89). This
				statement shall include a signed statement from the petitioner attesting to the
				accuracy of the facts provided in the petition and a statement of reasons that
				the petitioner believes will justify a waiver.
(5) A history of any prior contacts between
				the board, other departments or agencies of the state of Iowa, or political
				subdivisions and the petitioner relating to the boiler or pressure vessel
				affected by the proposed waiver.
(6) Information regarding the board's action
				in similar cases.
(7) The name,
				address, and telephone number of any public agency or political subdivision
				which might be affected by the granting of a waiver.
(8) The name, address, and telephone number
				of any entity or person who would be adversely affected by the granting of a
				petition.
(9) The name, address,
				and telephone number of any person with knowledge of the relevant facts
				relating to the proposed waiver.
(10) Signed releases of information
				authorizing persons with knowledge regarding the petition to furnish the board
				with information relevant to the petition for waiver.
(11) The state boiler identification number
				of the relevant object.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.6 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				  board may request additional information from the petitioner relative to the
				  petition and surrounding circumstances. If the petition was not filed in a
				  contested case, the board may, on its own motion or at the petitioner's
				  request, schedule a telephonic or in-person meeting between the petitioner and
				  a representative or representatives of the board related to the waiver
				  request.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.7 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall acknowledge a petition within 10 days of its
				  receipt in the board office. The board shall ensure that notice of the pending
				  petition has been provided to all persons to whom notice is required by any
				  provision of law within 30 days of the receipt of the petition. In addition,
				  the board may give notice to other persons. To accomplish this notice
				  provision, the board may require the petitioner to serve the notice on all
				  persons to whom notice is required by any provision of law and to provide a
				  written statement to the board attesting that notice has been
				  provided.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.8 - Board Review Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless
				the board makes other arrangements, petitions for waiver will be reviewed and
				may be granted or denied at the next scheduled board meeting following receipt
				of the petition. However, if the petition is received less than three weeks
				prior to the scheduled board meeting, the petition will be reviewed at the
				subsequent meeting.
(2) The
				petitioner shall be provided a reasonable opportunity to make a presentation to
				the board. The length of time allotted for presentation shall be reasonable in
				light of the complexity and number of issues involved.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				  17A.10
				  to
				  17A.18A
				  regarding contested case hearings shall apply to any petition for a waiver
				  filed within a contested case and shall otherwise apply to board proceedings
				  for a waiver only when the board so provides by order or is required to do so
				  by statute.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				  indexed, filed, and available for public inspection as provided in Iowa Code
				  section
				  17A.3.
				  Petitions for a waiver and orders granting or denying a waiver petition are
				  public records under Iowa Code chapter 22. If petitions or orders contain
				  information the board is authorized or required to keep confidential, the board
				  may instruct the board office to accordingly redact confidential information
				  from petitions or orders prior to public inspection.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.12 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information about all orders granting or denying a waiver
				  petition shall be submitted by the board staff to the legislative services
				  agency through the designated Internet site within 60 days of granting or
				  denying the petition. The information submitted is available to the public via
				  the website.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be
				  withdrawn, canceled, or modified if, after appropriate notice and review, the
				  board issues an order finding any of the following:
(1) The petitioner or the person who was the
				subject of the waiver order withheld or misrepresented material facts relevant
				to the propriety or desirability of the waiver; or
(2) The alternative means for ensuring that
				the public health, safety and welfare will be adequately protected after
				issuance of the waiver order have been demonstrated to be insufficient;
				or
(3) The subject of the waiver
				order has failed to comply with all conditions contained in the order
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated
				  as a violation of the particular rule for which the waiver was granted. As a
				  result, the recipient of a waiver under this rule who violates a condition of
				  the waiver may be subject to the same remedies or penalties as a person who
				  violates the rule at issue.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order
				  is a defense within its terms and the specific facts indicated therein only for
				  the specific object to which the order pertains in any proceeding in which the
				  rule in question is sought to be invoked.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 81 - Waivers From Administrative Rules by the Boiler and Pressure Vessel Board › Rule 875-81.16 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the board's decision to grant or deny a
				  waiver petition may be taken in accordance with Iowa Code chapter
				  17A.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 82 - Boiler and Pressure Vessel Board Petitions for Rule Making › Rule 875-82.1 - 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 board requesting the adoption, amendment or repeal of a rule. The required
				  form for a petition for rule making is available on the board's website at
iowaboilers.gov
. The petition shall be filed at the
				  location specified in rule
				  875-80.5 (89). A petition is
				  deemed filed when it is received by the board office. The board office shall
				  provide the petitioner with a file-stamped copy of the petition if the
				  petitioner provides the board an extra copy for this purpose. The petition must
				  be 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 to the board's authority to take the action urged or
				to the desirability of that action.
(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 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 board may deny a petition because it
				does not provide the required information.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 82 - Boiler and Pressure Vessel Board Petitions for Rule Making › Rule 875-82.2 - 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 board 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 › Boilers and Pressure Vessels › Chapter 82 - Boiler and Pressure Vessel Board Petitions for Rule Making › Rule 875-82.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				  may be made to the Boiler and Pressure Vessel Board, Department of Workforce
				  Development, Division of Labor Services, 150 Des Moines Street, Des Moines,
				  Iowa 50309.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 82 - Boiler and Pressure Vessel Board Petitions for Rule Making › Rule 875-82.4 - Board Review Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless
				the board makes other arrangements, petitions for rule making will be reviewed
				and may be granted or denied at the next scheduled board meeting following
				receipt of the petition. However, if the petition is received less than three
				weeks prior to the scheduled board meeting, the petition will be reviewed at
				the subsequent meeting. The board may request the petitioner to submit
				additional information or argument concerning the petition. The board may also
				solicit comments from any person on the substance of the petition. Also,
				comments on the substance of the petition may be submitted to the board by any
				person.
(2) The petitioner shall be
				provided a reasonable opportunity to make a presentation to the board. The
				length of time allotted for presentation shall be reasonable in light of the
				complexity and number of issues involved.
(3) Within 60 days after the filing of the
				petition, or within any longer period agreed to by the petitioner, the board
				shall deny the petition in writing and notify petitioner of its action and the
				specific grounds for the denial, or grant the petition and notify petitioner
				that the board will institute rule-making proceedings on the subject of the
				petition. Notice shall be sent by the board office to the petitioner by regular
				mail or email if appropriate. Petitioner shall be deemed notified of the denial
				or granting of the petition on the date the board office mails the required
				notification to the petitioner. Copies of the petition and the document
				granting or denying the petition shall be sent to the administrative rules
				review committee.
(4) 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 eliminate the
				grounds for the board's rejection of the petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file at the board office a petition with the
				  board for a declaratory order as to the applicability to specified
				  circumstances of a statute, rule, or order within the primary jurisdiction of
				  the board. A petition is deemed filed when it is received by that office. The
				  board shall provide the petitioner with a file-stamped copy of the petition if
				  the petitioner provides the board an extra copy for this purpose.
(1) The required form for a petition for
				declaratory order is available on the board's website at iowaboilers.gov. The
				petition must be in writing and provide the following information where
				applicable and known to the petitioner:
a. A
				clear and concise statement of all relevant facts on which the order is
				requested.
b. A citation and the
				relevant language of the specific statutes, rules, policies, decisions, or
				orders whose applicability is questioned, and any other relevant law.
c. Clear and concise questions the petitioner
				wants the board to answer.
d. The
				answers to the questions desired by the petitioner and a summary of the reasons
				urged by the petitioner in support of those answers.
e. The reasons for requesting the declaratory
				order and disclosure of the petitioner's interest in the outcome.
f. 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
				directed by, are pending determination by, or are under investigation by any
				governmental entity.
g. 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 in the
				petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				  order, the board shall give notice of the petition to all persons not served by
				  the petitioner pursuant to rule
				  875-83.6
				  (17A,89) to whom notice is required by any provision of law. The board may also
				  give notice to any other persons.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A person who
				qualifies under any applicable provision of law as an intervenor and who files
				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) At the
				board's discretion, a person who qualifies under any applicable provision of
				law as an intervenor and who files a petition for intervention more than 20
				days after the filing of a petition for declaratory order but prior to the
				issuance of an order may be allowed to intervene in a proceeding for a
				declaratory order.
(3) A petition
				for intervention shall be filed at the board office. Such a petition is deemed
				filed when it is received by that office. The board will provide the petitioner
				with a file-stamped copy of the petition for intervention if the petitioner
				provides an extra copy for this purpose.
a. A
				petition for intervention must be in writing and provide the following
				information where applicable and known to the requester:
(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
				imder 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.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or intervenor may file a brief in support of
				  the position urged. The board may request a brief from the petitioner, any
				  intervenor, or any other person concerning the questions raised in the
				  petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order may be
				  made to the Boiler and Pressure Vessel Board, Division of Labor Services, 150
				  Des Moines Street, Des Moines, Iowa 50309.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
				petition for intervention, brief, or other paper filed in a proceeding for a
				declaratory order shall be served upon each of the parties of record to the
				proceeding, and on all other persons identified in the petition for declaratory
				order or petition for intervention as affected by or interested in the
				questions presented, simultaneously with its 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 board at the board
				office. All petitions, briefs, or other papers that are required to be served
				upon a party shall be filed simultaneously with the board.
(3)
Method of service, time of
				filing, and proof of mailing.
Method of service, time of filing, and
				proof of mailing shall be as provided by rules
				875-84.10
				(17A,89) and
				875-84.11
				(17A,89).
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.7 - Board Review Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
				30 days after receipt of a petition for a declaratory order, the board shall
				issue a document that does one of the following:
a. Declares the applicability of the statute,
				rule or order to the specified circumstances,
b. Sets the matter for specific
				proceedings,
c. Agrees to issue a
				declaratory order by a specified time, or
d. Declines to issue a declaratory order and
				sets forth the reasons for its actions as provided in subrule
				83.9(1).
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board
				shall not issue a declaratory order where prohibited by Iowa Code section
				17A.9(1)
				 and may refuse to issue a declaratory order
				on some or all questions raised for the following reasons:
a. The petition does not provide the required
				information.
b. Rescinded lAB
				9/22/10, effective 10/27/10.
c. The
				board does not have jurisdiction over the questions presented in the
				petition.
d. The questions
				presented by the petition are also presented in a current rule making,
				contested case, or other board or judicial proceeding that may definitively
				resolve them.
e. The questions
				presented by the petition would more properly be resolved in a different type
				of proceeding or by another body with jurisdiction over the matter.
f. The facts or questions presented in the
				petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
				basis upon which to issue an order.
g. There is no need to issue an order because
				the questions raised in the petition have been settled due to a change in
				circumstances.
h. The petition is
				not based upon facts calculated to aid in the planning of future conduct but
				is, instead, based solely upon prior conduct in an effort to establish the
				effect of that conduct or to challenge a board decision already made.
i. The petition requests a declaratory order
				that would necessarily determine the legal rights, duties, or responsibilities
				of other persons who have not joined in the petition or filed a similar
				petition and whose position on the questions presented may fairly be presumed
				to be adverse to that of petitioner.
j. The petitioner requests the board to
				determine whether a statute is unconstitutional on its face.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the ruling 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 › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.11 - 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 › Boilers and Pressure Vessels › Chapter 83 - Declaratory Orders by the Boiler and Pressure Vessel Board › Rule 875-83.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as
				  a final order in a contested case proceeding. It is binding on the board, the
				  petitioner and any intervenors and is applicable only in circumstances where
				  the relevant facts and the law involved are indistinguishable from those on
				  which the order was based. As to all other persons, a declaratory order serves
				  only as precedent and is not binding on the board. The issuance of a
				  declaratory order constitutes final board action on the
				  petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.1 - Reconsideration of Inspection Report

Current through Register Vol. 47, No. 3, July 24, 2024
The owner or operator of a piece of equipment subject to a
				  written inspection report may petition the commissioner for reconsideration of
				  the report within 30 days of the issuance of the report. Failure to seek timely
				  reconsideration of the inspection report from the commissioner shall be deemed
				  a waiver of all appeal rights under Iowa Code subsection
				  89.14(6).
				  The burden of demonstrating compliance with all applicable statutory
				  provisions, administrative rules, and ASME code sections rests upon the
				  petitioning owner or operator.
(1) A
				petition for reconsideration shall be in writing and must be signed by the
				requesting party or a representative of that party. The required form for a
				petition for reconsideration is available on the board's website at
				iowaboilers.gov. A petition for reconsideration shall specify:
a. The party seeking reconsideration,
				including mailing address and telephone number;
b. The location of the equipment subject to
				the challenged inspection report;
c. The inspection date;
d. The inspector who issued the challenged
				inspection report;
e. The specific
				findings or conclusions to which exception is taken;
f. The relief sought.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.2 - Appeal to the Board

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner's ruling on a petition for reconsideration
				  or the commissioner's deemed denial of a petition for reconsideration may be
				  appealed to the board. An appeal must be filed in writing with the board within
				  30 calendar days of the earlier of either the issuance of the commissioner's
				  written ruling on a petition for reconsideration or the commissioner's deemed
				  denial of a petition for reconsideration. At a minimum, an appeal shall include
				  a short and concise statement of the basis for the appeal. The required form
				  for an appeal is available on the board's website atiowaboilers.gov.
				  Consideration of an appeal of a ruling on a petition for reconsideration shall
				  be a contested case proceeding subject to the provisions of Iowa Code chapter
				  17A. The commissioner shall have an automatic right of intervention in any
				  appeal of the ruling on petition for reconsideration and shall defend the
				  ruling in a contested case proceeding.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.3 - Informal Review

Current through Register Vol. 47, No. 3, July 24, 2024
If the appellant requests an informal review and the
				  commissioner does not object, the board may conduct an informal review of the
				  facts and circumstances subject to the provisions of this rule.
(1) In order to preserve the ability of board
				members to participate in decision making, parties who desire participation in
				an informal review must therefore waive their right to seek disqualification of
				a board member based solely on the board member's participation in the informal
				review. Parties would not be waiving their right to seek disqualification on
				any other ground. By electing to participate in informal review, a party
				accordingly agrees that a participating board member is not disqualified from
				acting as a presiding officer in a later contested case proceeding.
(2) The board may propose a preliminary order
				at the time of informal review. If a party does not consent to the preliminary
				order, a party must submit a request to proceed with formal contested case
				proceedings, including hearing, within ten days of the informal
				review.
(3) Rules
				875-84.4
				(17A,89) through
				875-84.31
				(17A,89) do not apply during informal review.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.4 - Delivery of Notice

Current through Register Vol. 47, No. 3, July 24, 2024
Delivery of the notice of hearing by the board constitutes
				  the commencement of a contested case proceeding. Delivery may be executed by
				  regular mail. The notice shall be delivered to the appellant, the appellant's
				  attorney, if known, and the commissioner.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.5 - Contents of Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The notice of hearing shall contain a statement of the time,
				  place, and nature of the hearing. The notice shall contain a short and plain
				  statement of the matters asserted. If the board is unable to state the matters
				  in detail at the time the notice is served, the initial notice may be limited
				  to a statement of the issues involved. Thereafter, upon application, a more
				  definite and detailed statement shall be furnished. The notice shall contain a
				  statement that it is the appellant's burden on appeal to prove compliance with
				  all applicable statutory provisions, administrative rules, and ASME code
				  sections. The notice shall also contain a reference to the applicable statute
				  and rules.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.6 - Scope of Issues

Current through Register Vol. 47, No. 3, July 24, 2024
Only those issues raised before the commissioner in the
				  petition for reconsideration will be considered preserved for appeal to the
				  board.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.7 - File Transmitted to the Board

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of a notice of hearing issued by the board, the
				  commissioner shall within 30 days forward to the board and all parties of
				  record to the appeal copies of the challenged inspection report, the
				  appellant's petition for reconsideration and all supporting documents, all
				  other documents collected by the commissioner in ruling on the petition for
				  reconsideration, and the commissioner's ruling on the petition for
				  reconsideration.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.8 - Legal Representation

Current through Register Vol. 47, No. 3, July 24, 2024
Any private party to a contested case shall be entitled to
				  legal representation at the discretion and expense of that
				  party.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.9 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				presiding officer in all contested cases shall be the board, a panel of board
				members, or an administrative law judge assigned by the department of
				inspections and appeals. When board members act as presiding officer, they
				shall conduct the hearing and issue either a final decision or, if a quorum of
				the board is not present, a proposed decision. As provided in subrule 84.9(4),
				the board may be assisted by an administrative law judge when the board acts as
				presiding officer.
(2) Any party to
				a contested case that wishes to request that the presiding officer assigned to
				render a proposed decision be an administrative law judge employed by the
				department of inspections and appeals must file a written request within 20
				days after service of a notice of hearing which identifies the presiding
				officer as the board. The board may deny the request only upon a finding that
				one or more of the following apply:
a. Neither
				the board nor any officer of the board imder 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 interboard
				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 › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.10 - Service and Filing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service-when required.
Except where otherwise provided by law,
				when a document is filed in a contested case proceeding, it shall be served
				upon each of the parties of record. Except for the original notice of hearing
				and an application for rehearing as provided in Iowa Code section
				17A.16,
				subsection 2, the party filing a document is responsible for service on all
				parties.
(2)
Service-how
				made.
Service upon a party represented by an attorney shall be made
				upon the attorney unless otherwise ordered. Service is made by personal
				delivery or by mailing a copy to the person's last-known address. Service by
				mail is complete upon mailing, except where otherwise specifically provided by
				statute, rule, or order.
(3)
Filing-when required.
After the notice of hearing, all
				documents in a contested case proceeding shall be filed with the board office.
				All documents that are required to be served upon a party shall be filed
				simultaneously with the board.
(4)
Filing-when made.
Except where otherwise provided by law, a
				document is deemed filed at the time it is delivered to the board at the
				location set forth in rule
				875-80.5 (89), delivered to an
				established courier service for immediate delivery to that office, or mailed by
				first-class mail or state interoffice mail to that office, so long as there is
				proof of mailing.
(5)
Proof
				of mailing.
Proof of mailing includes either:
a. A legible United States Postal Service
				postmark on the envelope;
b. A
				certified mail return receipt;
c. A
				notarized affidavit; or
d. 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 Boiler and Pressure Vessel Board, Department of Workforce
				  Development, 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 a United States post office mailbox with correct postage
				  properly affixed.
(Date) (Signature)
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.11 - 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 › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.12 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				  case proceeding may waive any provision of this chapter However, the board in
				  its discretion may refuse to give effect to such a waiver when the board deems
				  the waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.13 - Telephone and Electronic Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may, on the officer's own motion or as
				  requested by a party, order hearings or argument to be held by telephone
				  conference or other electronic means in which all parties have an opportunity
				  to participate. The presiding officer will determine the location of the
				  parties and witnesses for telephone or other electronic hearings. The
				  convenience of the witnesses or parties, as well as the nature of the case,
				  will be considered when location is chosen. Parties shall disclose at or before
				  the prehearing conference if any witness will be testifying by telephone. Any
				  objections shall be filed with the board and served on all parties at least
				  three business days in advance of hearing.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.14 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
				officer or other person shall withdraw from participation in the making of any
				proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
				concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
				advocated in connection with that case, the specific controversy underlying
				that case, another pending factually related contested case, or a pending
				factually related controversy that may culminate in a contested case involving
				the same parties;
c. Is subject to
				the authority, direction or discretion of any person who has personally
				investigated, prosecuted or advocated, in connection with that contested case,
				the specific controversy underlying that contested case, or a pending factually
				related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
				a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
				outcome of the case or any other significant personal interest that could be
				substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
				degree of relationship that (1) is a party to the case, or an officer, director
				or trustee of a party; (2) is a lawyer in the case; (3) is known to have an
				interest that could be substantially affected by the outcome of the case; or
				(4) is likely to be a material witness in the case; or
g. Has any other legally sufficient cause to
				withdraw from participation in the decision making in that case.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.15 - Consolidation and Severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
				all matters at issue in two or more contested case proceedings where:
a. The matters at issue involve common
				parties or common questions of fact or law;
b. Consolidation would expedite and simplify
				consideration of the issues involved; and
c. Consolidation would not adversely affect
				the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 84 - Contested Cases Before the Boiler and Pressure Vessel Board › Rule 875-84.16 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pursuant to
				Iowa Code chapter 17A, discovery procedures applicable in civil actions are
				applicable in contested cases. Unless lengthened or shortened by these rules or
				by order of the presiding officer, time periods for compliance with discovery
				shall be as provided in the Iowa Rules of Civil Procedure.
(2) Any motion relating to discovery shall
				allege that the moving party has previously made a good-faith attempt to
				resolve with the opposing party the discovery issues involved. 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 by order of the presiding
				officer The presiding officer may rule on the basis of the written motion and
				any response, or may order argument on the motion.