reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 4 - Agency Procedure for Rule Making › Rule 561-4.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Categories exempt.
In
			 lieu of the words "(List here narrowly drawn classes of rules where such an
			 exemption is justified and a brief statement of the reasons for exempting each
			 of them.)", insert "The only narrowly tailored rules at this time are those
			 specified in rule 567- 62.2(455B)."
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 4 - Agency Procedure for Rule Making › Rule 561-4.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
In lieu of the
			 words "(specify the office and address)", insert "Compliance and Enforcement
			 Bureau, Environmental Protection Division, Department of Natural Resources,
			 Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa
			 50319".
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 5 - Petitions for Rule Making › Rule 561-5.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "Compliance
				and Enforcement Bureau, Environmental Protection Division, Department of
				Natural Resources, 502 East 9th Street, Des Moines, Iowa 50319-0034; telephone
				(515)281-8941". Also, in lieu of the words "(AGENCY NAME)", insert "DEPARTMENT
				OF NATURAL RESOURCES".
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 5 - Petitions for Rule Making › Rule 561-5.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				address)", insert "Bureau Chief, Compliance and Enforcement Bureau,
				Environmental Protection Division, Department of Natural Resources, Des Moines,
				Iowa 50319-0034; telephone (515)281-8941".
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 6 - Declaratory Orders › Rule 561-6.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate agency)", insert "department
				of natural resources". In lieu of the words "(designate office)", insert
				"director's office, department of natural resources". In lieu of the words
				"(AGENCY NAME)", the heading of the petition should read:
BEFORE THE
DEPARTMENT OF NATURAL RESOURCES
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 6 - Declaratory Orders › Rule 561-6.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of
			 "___days", insert "20 days".
(2) In
			 lieu of the words "(designate agency)", insert "department of natural
			 resources".
(3) In lieu of the
			 words "(designate office)", insert "director's office, department of natural
			 resources". In lieu of the words "(designate agency)", insert "department". In
			 lieu of the words "(AGENCY NAME)", the heading of the petition should read:
BEFORE THE
DEPARTMENT OF NATURAL RESOURCES
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 6 - Declaratory Orders › Rule 561-6.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				address)", insert "Bureau Chief, Compliance and Enforcement Bureau,
				Environmental Protection Division, Department of Natural Resources, Wallace
				State Office Building, 502 East 9th Street, Des Moines, Iowa
				50319".
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 6 - Declaratory Orders › Rule 561-6.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Filing
-
when
			 required.
In lieu of the words "(specify office and address)", insert
			 "Director's Office, Department of Natural Resources, Wallace State Office
			 Building, 502 East 9th Street, Des Moines, Iowa 50319-0034". In lieu of the
			 words "(agency name)", insert "department of natural resources".
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 6 - Declaratory Orders › Rule 561-6.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate agency)", insert "department
				of natural resources". Add the following new paragraphs:
An order, including a refusal to issue an order, issued by the
				director is final unless the issue is within the rule-making authority of one
				of the department's commissions in which case the order or refusal is final
				unless appealed to the commission within ten days of receipt by the petitioner
				or reviewed by the commission on its own motion. On appeal or review, the
				commission may:
1. Approve the
			 director's ruling, in which case the order becomes the final declaratory order
			 of the department, or
2. Reverse or
			 modify the declaratory order, in which case the modified order becomes the
			 final declaratory order of the department, or
3. Request additional information from the
			 petitioner, or
4. Decline to issue
			 an order, as specified in rule 6.5(17A).
The commission's order or refusal to issue an order shall be
				made within a reasonable time and shall be sent by certified mail to the
				petitioner upon issuance.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.1 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to contested case proceedings conducted by
				the department of natural resources, as defined in rule
				561-7.2 (17A,455A).
				Nothing in this chapter shall be construed to grant a right to a contested case
				proceeding when the Iowa Code does not specifically provide for a contested
				case, except that vendor appeal contested case proceedings may be conducted
				according to the provisions of 561-Chapter 8.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
When used in this chapter:
"Agency"
means the commission or the director,
				as appropriate, having statutory jurisdiction over a particular contested
				case.
"Commission "
means the natural resource
				commission or the environmental protection commission, as designated in Iowa
				Code chapter 45 5 A as having appellate jurisdiction over a particular
				matter
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5)
				 and includes any matter defined as a no
				factual dispute contested case under Iowa Code section
				17A.10A.
"Department"
means the department of natural
				resources.
"Director"
means the director of the
				department or an authorized representative.
"Party"
means a person named and admitted as a
				party.
"Presiding officer "
means an administrative
				law judge employed by the department of inspections and appeals or the agency,
				as provided in rule
				561-7.7
				(17A,455A).
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the agency did not preside.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Computation.
In computing any period of time prescribed or
			 allowed by this chapter or by an applicable statute, the day of the act, event
			 or default from which the designated period begins to run shall not be
			 included. The last day of the period shall be included, unless it is a
			 Saturday, Sunday or legal holiday; otherwise Saturdays, Sundays and legal
			 holidays shall be included in computing the period.
(2)
Change.
Except for good
			 cause stated in the record, the presiding officer shall afford all parties an
			 opportunity to be heard or to file written arguments before extending or
			 shortening the time to take any action. When by these rules, or by notice given
			 under them, an act is required or allowed to be done within a specified period
			 of time, the presiding officer may, at any time, exercise discretion and may:
a. With or without motion or notice, for good
			 cause, order the period extended if a request is made before the expiration of
			 the period originally prescribed or as extended by a previous order,
			 or
b. Upon motion made after the
			 expiration of the specified period, permit the act to be done where the failure
			 to act was the result of excusable neglect, except as provided in rule
			 561-7.13
			 (17A,455A).
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.4 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time.
a. Any order issued by
			 the director of the department shall comply with the requirements established
			 in Iowa Code section
			 455B.110
			 and may be appealed. The written notice of appeal of the order must be received
			 by the director within 60 days of proper issuance of the order.
b. Any person appealing any other action by
			 the department that is subject to appeal shall file a written notice of appeal
			 within 60 days of the action, unless a shorter time period is specified by a
			 particular statute or rule governing the subject matter of the
			 action.
c. Unless otherwise stated
			 in the order or notice provided, any written notice of appeal shall be filed
			 with the director of the department, and a copy shall be sent to the legal
			 services bureau chief.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.5 - Commencement of Contested Case-notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Transmittal of appeal.
Except as provided in subrule 7.5(2), the department shall transmit the appeal
			 and request for a contested case proceeding to the department of inspections
			 and appeals, or shall otherwise transmit the appeal to the presiding officer,
			 when it determines that the appeal was timely filed and the requester is
			 entitled to a contested case proceeding. When the appeal is from an
			 administrative order, the order shall be transmitted with the appeal.
(2)
Petition from the
			 department.
After the department seeks to suspend or revoke a permit
			 or license, institute licensee disciplinary proceedings, or otherwise commence
			 a contested case, it shall file a petition as described in subrule
			 7.12(1).
(3)
'Notice of
			 hearing issued.
A contested case commences when a notice of hearing
			 is delivered to a party. A notice of hearing will be prepared and issued by the
			 presiding officer when:
a. The department
			 receives a notice of appeal from a person other than the department,
			 or
b. A petition from the
			 department is filed, as provided in subrule 7.5(2).
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.6 - Informal Settlement Negotiations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Informal settlement
			 encouraged.
Unless precluded by statute, informal settlement of
			 controversies is encouraged when those controversies may culminate in contested
			 case proceedings according to the provisions of Iowa Code chapter 17A and these
			 rules. However, this rule shall not be construed to require any party other
			 than the department to utilize informal procedures or to settle the controversy
			 pursuant to informal procedures.
(2)
Opportunity to pursue informal
			 settlement.
A party to a contested case may request an opportunity to
			 pursue informal settlement. The request shall be in writing and shall be
			 delivered to the director with a copy to the Bureau Chief, Legal Services
			 Bureau, Department of Natural Resources, 502 East 9th Street, Des Moines, Iowa
			 50319. Upon receipt of the request, further proceedings shall be delayed and no
			 contested case hearing date shall be set, except in the case of emergency
			 orders as provided in rule
			 561-7.18
			 (17A,455A). Informal settlement negotiations may include verbal or written
			 communications between or among parties. At the request of any party, the
			 appeal shall be transmitted to the department of inspections and appeals.
			 Settlement negotiations may continue following transmittal.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.7 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided in this rule, an administrative
				law judge employed by the department of inspections and appeals shall preside
				at contested case hearings.
(1) On
			 motion of a party or on its own motion, the agency may order that the hearing
			 be conducted before the agency or one or more members thereof. 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 10 days after
			 service of a notice of hearing which identifies or describes the presiding
			 officer as the agency head or members of the agency. The agency may deny the
			 request only upon a finding that one or more of the following reasons apply:
a. Neither the agency nor any officer of the
			 agency 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 (i.e.,
			 there is no conflict of interest because the agency would not act as both party
			 and adjudicator in the contested case 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 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.8 - Disqualification of Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds for
			 disqualification.
a. A presiding
			 officer shall not participate in the making of a proposed or final decision if
			 the individual has investigated, prosecuted or advocated in connection with
			 that case, the specific controversy underlying that case, or another pending
			 factually related controversy that may culminate in a case involving the same
			 parties.
b. A presiding officer
			 shall not be subject to the authority, direction or discretion of any person
			 who has investigated, prosecuted or advocated in connection with that case, the
			 specific controversy underlying that case or a pending factually related case
			 or controversy involving the same parties.
c. A member of an agency having jurisdiction
			 of a case shall not participate in the making of a final decision or order if
			 the member is employed by, receives directly or indirectly personal income
			 from, or has other substantial connection with a person subject to permit or
			 enforcement action pending before the agency if that person would be
			 substantially affected by the outcome of the case.
d. A presiding officer shall not be biased
			 for or against any party.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.10 - 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 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.11 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion
			 to intervene.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervener, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 20 days
			 of receipt of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner. Unless the result would be
			 inequitable or unjust, an intervener shall be bound by any agreement,
			 arrangement, or other matter previously raised in the case. Requests by
			 untimely interveners for continuances which would delay the proceeding will
			 ordinarily be denied.
(3)
Grounds for intervention.
The movant shall demonstrate that:
a. Intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
b. The movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
c. The interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.12 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
Pleadings are the parties' written statements of their
				respective claims or defenses. Pleadings do not include motions. The only
				allowable pleadings shall be the petition and the answer
(1)
Petition.
a.
Who must file.
In all
			 cases where an action of the department is appealed, the party aggrieved by the
			 action shall file the petition. In those cases where the department seeks to
			 suspend or revoke a license or permit, the department shall file the
			 petition.
b.
Time for
			 filing.
Any petition required to be filed by a party other than the
			 department shall be filed within 20 days of receipt of the notice of hearing,
			 unless the presiding officer allows additional time.
c.
Content.
The petition
			 shall include all of the following items, in separately numbered paragraphs:
(1) The basis for the agency's jurisdiction
			 over the matter;
(2) A detailed
			 discussion of the relief demanded and the supporting facts, including any
			 supporting documentation relied upon for relief;
(3) The particular provisions of the statutes
			 and rules involved;
(4) The name(s)
			 of the party or parties on whose behalf the petition is filed; and
(5) The name, address and telephone number of
			 the petitioner and the petitioner's attorney, if any.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.13 - Defaults

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Defaults defined.
A party shall be in default when the party:
a. Fails to file a pleading within the time
			 prescribed for filing of the pleading;
b. Withdraws a pleading without permission to
			 replead;
c. Fails to comply with
			 any order of the presiding officer; or
d. Fails to appear for a contested case
			 proceeding after proper service of notice. If a party fails to appear and
			 participate in a contested case proceeding after proper service of notice, then
			 the presiding officer may, if no adjournment is granted, enter a default
			 decision or proceed with the hearing and render a decision on the merits in the
			 absence of the party. If a decision on the merits is rendered, the sole remedy
			 to set aside the judgment is a motion to vacate made consistent with the
			 provisions of subrule 7.17(7).
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.14 - Prehearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
No factual dispute contested cases.
If the parties agree that
			 no dispute of material fact exists as to a matter that would be a contested
			 case if such dispute or fact existed, the parties may present all relevant
			 admissible evidence either by stipulation or otherwise as agreed by the
			 parties, without necessity for the production of evidence at an evidentiary
			 hearing. If such agreement is reached, then as soon as practicable the parties
			 shall jointly submit to the presiding officer a schedule detailing the method
			 and timetable for submission of the record, briefs, and oral argument. If the
			 parties cannot agree, any party may file and serve a motion for summary
			 judgment pursuant to paragraph 7.14(2)
"e."
(2)
Motions.
a.
Form of motion.
No
			 technical form for motions is required. However, prehearing motions must be in
			 writing, must state the grounds for relief, and must state the relief
			 sought.
b.
Time for
			 response to motions.
Any party may file a written response to a motion
			 within 10 days after service of the motion, unless the time period is extended
			 or shortened by rules of the agency or the presiding officer Failure to respond
			 within the required time period may be deemed a waiver of objection to the
			 granting of the motion.
c.
Oral argument on motions.
The presiding officer may schedule
			 oral argument on any motion.
d.
Time for filing.
Motions pertaining to the hearing, except
			 motions for summary judgment, must be filed and served prior to the date of
			 hearing unless there is good cause for permitting later action or the time for
			 such action is lengthened or shortened by the presiding officer.
e.
Motions for summary
			 judgment.
Motions for summary judgment shall comply with the
			 requirements of Iowa Rules of Civil Procedure 1.981 through 1.983 and shall be
			 subject to disposition according to the requirements of those rules to the
			 extent such requirements are not inconsistent with the provisions of this rule
			 or any other provision of law governing the procedure in contested cases.
			 Motions for summary judgment must be filed and served either at least 30 days
			 prior to the scheduled hearing date, or during another time period determined
			 by the presiding officer Any party resisting the motion shall file and serve a
			 resistance within 15 days, unless otherwise ordered by the presiding officer,
			 from the date a copy of the motion was served. A summary judgment order
			 rendered on all issues in a contested case is subject to rehearing pursuant to
			 subrule 7.17(6) and appeal pursuant to subrule 7.17(5).
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.15 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Conduct of proceedings.
A hearing shall be conducted by a
			 presiding officer who shall:
a. Open the
			 record and receive appearances;
b.
			 Administer oaths;
c. Enter the
			 notice of hearing into the record;
d. Receive testimony and exhibits presented
			 by the parties;
e. In the presiding
			 officer's discretion, interrogate witnesses;
f. Rule on objections and motions;
g. Close the hearing;
h. Issue an order containing findings of fact
			 and conclusions of law. Additionally, the presiding officer may rule on
			 motions, require briefs, issue a proposed decision, and issue such orders and
			 rulings as will ensure the orderly conduct of the proceedings.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.17 - Posthearing Procedures and Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing by parties of briefs and
			 proposed findings.
Within 30 days after the last evidence is taken,
			 each party may file with the presiding officer proposed findings of fact,
			 conclusions of law, a proposed order or decision complying with subrule
			 7.17(3), and a supporting brief. Each party may, within the same period, file
			 with the presiding officer a brief concerning any relevant matters at the
			 hearing. Copies of these documents shall be served upon each of the other
			 parties. Within 20 days thereafter, each party may file a brief which takes
			 specific exception to matters contained in an opposing brief or which contains
			 alternative findings of fact, conclusions of law, and proposed order. The
			 briefing schedule, including waiver of briefs, shall be determined at the close
			 of the hearing.
(2)
Final
			 decision or order.
a. When the
			 agency presides at the reception of evidence, the decision of the agency is a
			 final decision.
b. When the agency
			 does not preside at the reception of evidence, the presiding officer shall make
			 a proposed decision. The proposed decision or order of the presiding officer
			 becomes the final decision or order of the agency without further proceedings
			 unless there is an appeal to, or review on motion of, the agency within the
			 time provided in paragraph 7.17(5)
"a."
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.18 - Emergency Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessity of emergency action.
To the extent necessary to
			 prevent or avoid immediate danger to the public health, safety or welfare, and
			 consistent with the Iowa Constitution and other provisions of law, the agency
			 may issue a written emergency administrative order in compliance with Iowa Code
			 section
			 17A.18 A to suspend a
			 license in whole or in part, order cessation of any continuing activity, order
			 affirmative action, or take other action within the jurisdiction of the agency.
			 Before issuing an emergency administrative order, the agency shall consider
			 factors including, but not limited to, the following:
a. Whether there has been a sufficient
			 factual investigation to ensure that the agency is proceeding on the basis of
			 reliable information;
b. Whether
			 the specific circumstances which pose immediate danger to the public health,
			 safety or welfare have been identified and determined to be
			 continuing;
c. Whether the person
			 required to comply with the emergency administrative order may continue to
			 engage in alternative activities without posing immediate danger to public
			 health, safety or welfare;
d.
			 Whether imposition of monitoring requirements or other interim safeguards would
			 be sufficient to protect public health, safety and welfare; and
e. Whether the specific action contemplated
			 by the agency is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.19 - License Suspension or Revocation and Other Licensee Disciplinary Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice.
Except as provided in rule
			 561-7.18
			 (17A,455A) or in subrule 7.19(3), prior to the suspension or revocation of a
			 license, the department shall give notice of its intent and shall provide an
			 opportunity to be heard at an evidentiary hearing conducted according to the
			 provisions of this chapter However, according to the provisions of Iowa Code
			 section
			 455B.219,
			 an evidentiary hearing, and not just the opportunity therefor, must occur prior
			 to revocation or suspension of a license for water treatment.
(2)
Content of notice.
The
			 notice shall inform the licensee of the department's intent to suspend or
			 revoke the license and shall include:
a. A
			 description of the facts or conduct warranting the suspension or
			 revocation;
b. A statement of
			 jurisdiction and the provision of law which warrants the intended action;
			 and
c. A statement that the
			 licensee may show at a hearing that the licensee meets all lawful requirements
			 to retain the license.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.20 - 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 The waiver shall be by
				written stipulation representing an informed, mutual consent. However, the
				agency, in its discretion, may refuse to give effect to such waiver when it
				deems the waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 8 - Contracts for Public Improvements and Professional Services › Rule 561-8.1 - Contract Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 All public improvements and professional services contracts with the department
			 shall be awarded on a competitive basis to the maximum practical extent. All
			 contracts shall be in written form and receive approval of the director and the
			 appropriate commission where required by statute or rule of
			 department.
(2) Exceptions for
			 compliance with federal rules and guidelines. Whenever adherence to these
			 contracting procedures would result in the loss of federal aid for any public
			 improvement project or professional services project, the applicable rules or
			 guidelines shall be followed to the extent necessary to qualify for the federal
			 funds.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 8 - Contracts for Public Improvements and Professional Services › Rule 561-8.2 - Contracts for Public Improvements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
As used in
			 these rules, "public improvement" means public improvement as defined by Iowa
			 Code section
			 26.2. Iowa Code
			 section 73.3, relating to reciprocal resident bidder preference, shall apply to
			 department contracts for public improvements.
(2)
Invitation for bids.
When the total cost of a public improvement project exceeds the sum of $100,000
			 as estimated by the department, the department shall utilize the competitive
			 bid process identified in Iowa Code chapter 26.
(3)
Solicitation of
			 quotations.
If the estimated total cost of a public improvement is
			 $100,000 or less, the department must utilize the competitive quotation process
			 identified by Iowa Code section
			 26.14,
			 as may be amended, unless otherwise provided by this rule. The department must
			 utilize this competitive quotation process for public improvement contracts
			 below the amount designated by Iowa Code section
			 26.14(2).
			 The department may opt to use the competitive bid process referenced in subrule
			 8.2(2) instead of the competitive quotation process.
(4)
Exceptions to the requirement for
			 bids or quotations.
The director may authorize the negotiation of a
			 contract for a public improvement project without first soliciting quotations
			 or advertising for bids only as the law allows.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 8 - Contracts for Public Improvements and Professional Services › Rule 561-8.4 - Approval and Award of Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contract approval.
All
			 contracts for professional services in excess of $25,000 shall be approved by
			 the director and the appropriate commission if required by statute. All
			 contracts for public improvements in excess of $50,000 shall be approved by the
			 director and the appropriate commission. Professional services contracts for
			 amounts of $25,000 or less shall be approved by the director and the
			 appropriate commission only if required by statute or rule of the
			 commission.
(2)
Contract
			 award.
The contract shall be awarded to the firm or individual whose
			 bid or proposal is believed to be the most advantageous to the state. Bids or
			 proposals may be rejected if they do not appear to be reasonable or if there is
			 reason to believe that the firm or individual is not sufficiently qualified to
			 accomplish the desired work or service.
(3)
Change orders and extra work
			 orders.
All change orders and extra work orders shall be approved by
			 the director before the work or service is performed, except in emergency
			 situations, or where such approval would result in unreasonable delay. In
			 addition, any order or accumulation of orders which increases the amount of the
			 original contract by more than $25,000 or 10 percent of the original contract,
			 whichever is greater, shall also be approved by the appropriate commission, if
			 required by statute.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 8 - Contracts for Public Improvements and Professional Services › Rule 561-8.5 - Contract for Sale of Timber

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Invitation for bids.
When the total cost of a public sale of
			 timber exceeds the sum of $5,000 as estimated by the state forests and
			 management bureau of the forests and forestry division, the department shall
			 advertise for sealed bids by publishing a notice in at least one newspaper of
			 statewide circulation, one newspaper published in the county seat of the county
			 in which the timber is situated and such other means as may be appropriate in
			 sufficient time to enable prospective bidders to prepare and submit bids,
			 provided that one of said notices shall be not less than 15 days prior to the
			 date set for receiving bids. The notice to bidders (invitation for bids) shall
			 conform as nearly as possible to the provisions of 8.2(3).
(2)
Failure to receive a hid or
			 quotation.
In the event that no sealed bids or quotations are
			 received, the state forests and management bureau of the forests and forestry
			 division may negotiate a contract with a qualified timber buyer
(3)
Exceptions to the requirement for
			 bids or quotations.
The director may authorize the negotiation of a
			 contract for a timber sale project without first soliciting quotations or
			 advertising for bids under the following circumstances:
a. If the contemplated timber sale is an
			 addition to an existing timber sale.
b. If no bidders are available.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 8 - Contracts for Public Improvements and Professional Services › Rule 561-8.6 - Emergency Response

Current through Register Vol. 47, No. 3, July 24, 2024
The emergency response officials of the department shall have
				the authority under the director's supervision to contract with firms and
				individuals without advertising for bids or solicitation of quotations to clean
				up hazardous conditions, toxic or polluting substances on public or private
				property in situations where time is insufficient to allow for advertising for
				bids or solicitation of quotations in order to prevent further injury to the
				environment.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 8 - Contracts for Public Improvements and Professional Services › Rule 561-8.7 - Interest on Retained Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
This rule
			 implements Iowa Code subsection
			 573.12(3)
			  regarding payment to a contractor of
			 interest earned on retained funds. This rule does not address payment of
			 interest under Iowa Code section
			 573.14.
(2)
General requirements.
a. Interest shall be paid pursuant to Iowa
			 Code section
			 573.12
			 only on state contracts awarded on or after June 19, 1991.
b. Interest shall be paid on retained funds
			 of a contract only if the accrued interest on those funds is at least $25. This
			 dollar threshold reflects the cost to the department of processing an interest
			 payment on retained funds in contracts for the construction of public
			 improvements.
c. Interest shall not
			 be paid on retained funds of a contract declared in default.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 9 - Groundwater Hazard Documentation › Rule 561-9.1 - Authority, Purpose and Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority.
Pursuant to Iowa Code section 558.69, the
			 department is required to adopt rules pertaining to a statement to be submitted
			 to the recorder when recording instruments transferring real property regarding
			 the existence and location of wells, disposal sites, underground storage tanks,
			 and hazardous wastes on the property.
(2)
Purpose.
The purpose of
			 these rules is to provide the necessary forms, instructions, and explanation of
			 this requirement. It is the purpose of the statute to give notice to the
			 transferee of real property of the condition of the wells, disposal sites,
			 underground storage tanks, hazardous waste disposal, and private burial sites
			 existing on the real estate.
(3)
Applicability.
These rules shall apply to all persons,
			 corporations, and other legal entities who are transferors or transferees of
			 real property within the state of Iowa as well as all county recorders who are
			 called upon to record instruments transferring real property in Iowa.
(4)
When groundwater hazard statement
			 is required.
A groundwater hazard statement shall be presented to the
			 county recorder along with the real estate transaction documents only when
			 required by Iowa Code section 558.69 or when otherwise required by Iowa
			 law.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 9 - Groundwater Hazard Documentation › Rule 561-9.2 - Form

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department hereby adopts by reference
			 Form 542-0960, "Groundwater Hazard Statement" (February 1, 2023), which may be
			 obtained from the department or local county recorder.
a. When a groundwater hazard statement is
			 required to be presented to a county recorder pursuant to subrule 9.1(2), the
			 transferor or the transferor's agent or attorney shall complete and present
			 Form 542-0960. The transferor's agent or attorney may sign the form on behalf
			 of the transferor, but in doing so the agent or attorney represents that a
			 good-faith inquiry of the transferor has been made regarding the information
			 contained in the form and that the information is correct.
b. For all real estate transactions where a
			 groundwater hazard statement is required to be submitted to a county recorder
			 pursuant to subrule 9.1(4) and where the real estate transaction is dated after
			 February 1, 2023, a county recorder shall accept only the currently adopted
			 form. The department authorizes the reproduction of Form 542-0960 by any person
			 through photocopying or electronic means so long as the general format and
			 wording are not altered in the reproduction thereof.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				waivers from rules adopted by the department. As used in this chapter, the term
				"director" includes the director's designee. As used in this chapter, "waiver "
				means an action by the department which suspends in whole or in part the
				requirements or provisions of a rule as applied to an identified person on the
				basis of the particular circumstances of that person.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.2 - Authority

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver from rules adopted by the department may be granted in
				accordance with this chapter if:
(1)
			 The department has exclusive rule-making authority to promulgate the rule from
			 which waiver is requested or has final decision-making authority over a
			 contested case in which a waiver is requested; and
(2) The waiver is consistent with any
			 applicable statute, constitutional provision, or other provision of law. In
			 addition, this subrule does not authorize the department to waive any
			 requirement created or duty imposed by statute.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
Upon petition of any person and at the sole discretion of the
				department, the department may issue a waiver from the requirements of a rule
				if the director or the department in a contested case proceeding finds, based
				on clear and convincing evidence, all of the following:
(1) The application of the rule would pose an
			 undue hardship on the person for whom the waiver is requested.
(2) The waiver from the requirements of a
			 rule in the specific case would not prejudice the substantial legal rights of
			 any person.
(3) The provisions of a
			 rule subject to a petition for a waiver are not specifically mandated by
			 statute or another provision of law.
(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 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.5 - Burden of Persuasion

Current through Register Vol. 47, No. 3, July 24, 2024
The burden of persuasion rests with the person who petitions
				the department for the waiver of a rule. Each petition for a waiver shall be
				evaluated by the department based on the unique, individual circumstances set
				out in the petition. A waiver, if granted, shall be drafted by the department
				so as to provide the narrowest exception possible to the provisions of the
				rule. The department may place any condition on a waiver that the department
				finds desirable to protect the public health, safety, and welfare. A waiver
				shall not be permanent unless the petitioner can show that a temporary waiver
				would be impracticable, and, in any event, shall not exceed one year in
				accordance with the provisions of Iowa Code section 455B. 143. If a temporary
				waiver is granted, there is no automatic right to renewal. At the sole
				discretion of the department, a waiver may be renewed if the department finds
				all of the factors set out in rule
				561-10.4 (17A, 455A) remain
				valid.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.6 - Special Waiver Rules Not Precluded

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter shall not preclude the department from granting
				waivers in other contexts or on the basis of other standards if a statute or
				other department rule authorizes the director to do so, and the director deems
				it appropriate to do so.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.7 - Administrative Deadlines

Current through Register Vol. 47, No. 3, July 24, 2024
When the rule from which a waiver is sought establishes
				administrative deadlines, the department shall balance the special individual
				circumstances of the petitioner with the overall goal of uniform treatment of
				all persons governed by the particular rule.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.8 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver shall be submitted in writing to the
				department as follows:
(1)
Contested cases.
If the petition relates to a pending
			 contested case, the petition shall be filed in the contested case proceeding.
			 The department may elect not to rule on the waiver petition until the
			 resolution of the contested case proceeding.
(2)
Other.
If the petition
			 does not relate to a pending contested case, the petition may be submitted to
			 the director.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.9 - Contents of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				when applicable and known to the petitioner:
(1) The name, address, and telephone number
			 of the entity or person for whom a waiver is requested, and the case number of
			 any related contested case.
(2) A
			 description and citation of the specific rule from which a waiver is
			 requested.
(3) The specific waiver
			 requested, including the precise scope and operative period that the waiver
			 will extend.
(4) The relevant facts
			 that the petitioner believes would justify a waiver. 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 department and the petitioner for
			 the past five years, including a description of each affected permit held by
			 the petitioner, and any notices of violation, administrative orders, contested
			 case proceedings, and lawsuits involving the department and the
			 petitioner.
(6) Any information
			 known to the petitioner regarding the department's treatment of similar
			 cases.
(7) The name, address, and
			 telephone number of any public agency or political subdivision of the state or
			 federal government which also regulates the activity in question, or which
			 might be affected by the granting of a waiver.
(8) The name, address, and telephone number
			 of any person or entity that would be adversely affected by the granting of a
			 petition.
(9) The name, address, and
			 telephone number of any person with knowledge of relevant facts relating to the
			 proposed waiver.
(10) Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the department with information relevant to the
			 waiver
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 10 - Waivers From Administrative Rules › Rule 561-10.10 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing a decision granting or denying a waiver, the
				department 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 director may, on the director's own motion or at the
				petitioner's request, schedule a telephonic or in-person meeting between the
				petitioner and the director.