Iowa Administrative Code

The petitioner may attach a brief to the petition in support of the petition. The agency may also request briefing concerning the petition. [ARC 0190D, IAB 4/1/26, effective 5/6/26]

2502.3(1) Within 14 days after the filing of a petition, the agency will submit a copy of the petition and any accompanying brief to the administrative rules coordinator and to the administrative rules review committee. Upon request by the petitioner, the agency will schedule an …

2503.1(1) Any person may file a petition with the agency requesting that the agency issue a declaratory order in accordance with Iowa Code section 17A.9. The petition can only be reviewed by the agency if the agency has the authority to consider the petition. Petitioners seeking …

2503.10(1) Withdrawal. The petitioner may voluntarily withdraw a petition by notifying the agency in writing at any time before the order is issued. The petitioner shall not withdraw a petition after the order is issued. A declaratory order, once issued, shall not be rescinded by…

The petitioner is obligated to serve the petition on interested parties in accordance with rule 7—2503.5(17A). Within 15 days after receipt of a petition for a declaratory order, the agency will give notice of the petition to all persons not served by the petitioner to the extent…

2503.3(1) A person who qualifies under the law as an intervenor may intervene in a proceeding for a declaratory order by filing a petition for intervention within 30 days of the notice provided in accordance with rule 7—2503.2(17A). 2503.3(2) If a person files a petition for inte…

A petitioner or intervenor may file a brief in support of the position urged. The agency may request a brief from a petitioner, an intervenor, or any other person concerning the questions raised. [ARC 0190D, IAB 4/1/26, effective 5/6/26]

2503.5(1) Filing—when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order will be filed with the agency at the agency’s address or agency’s email. 2503.5(2) When service required. Except where…

2503.6(1) Meeting with the agency. A meeting that is requested under subrule 2503.1(1) may involve one or more members of the agency and one or more members of staff of the agency. 2503.6(2) Public comments. The agency may solicit comments from any person on the questions raised …

The chief executive of the agency or that person’s designee will review the petition for declaratory order and take action on the petition in accordance with the statutory provisions and the timelines set forth in Iowa Code section 17A.9(5) and 17A.9(8). [ARC 0190D, IAB 4/1/26, e…

2503.8(1) The agency will not issue a declaratory order if Iowa Code section 17A.9(1) does not allow it to. The agency may refuse to issue a declaratory order when: a. The petition does not substantially comply with the requirements of rule 7—2503.1(17A). b. The petition does not…

The agency will promptly mail to or email the original petitioner and all intervenors a copy of each order issued in response to a petition for a declaratory order. [ARC 0190D, IAB 4/1/26, effective 5/6/26]

2504.1(1) Any person may submit a petition to waive, in whole or in part, any rule in the agency’s jurisdiction by submitting the petition to the agency. 2504.1(2) The petitioner bears the burden of persuasion to show by clear and convincing evidence all the factors provided in I…

2504.2(1) Filing—when required. All petitions for waiver, petitions for intervention, briefs, or other papers in a proceeding for a waiver will be filed with the agency at the agency’s address or agency’s email. 2504.2(2) When service required. Except where otherwise provided by …

2504.3(1) The agency may notify the petitioner of the receipt of the petition. 2504.3(2) The agency will evaluate the petition in accordance with Iowa Code section 17A.9A. The agency may request additional information from the petitioner or any person as part of its evaluation of…

2504.4(1) The agency will issue a written decision granting or denying the petition. 2504.4(2) After issuing a decision, the agency will index, file, make publicly available, and transmit its decision as required by Iowa Code section 17A.9A(4). 2504.4(3) If the agency does not is…

2504.5(1) With appropriate notice, the agency may withdraw, cancel, or modify any waiver granted under this rule if the agency issues a written order finding one or more of the following: a. The petitioner withheld or misrepresented material facts in the petition; b. The waiver n…

As used in this chapter: “Confidential record” means a record that is not available for examination under applicable law. “Lawful custodian” means the same as defined in Iowa Code section 22.1. “Personally identifiable information” means information contained in a record that is …

The purpose of this chapter is to facilitate broad public access to public records. The chapter also seeks to facilitate sound agency determinations with respect to the handling of confidential records and the implementation of the fair information practices Act. This agency is c…

2505.3(1) Location of record. A request for access to public records should be directed to the agency’s address, the agency’s email, or the agency’s office where the record is kept. Agency staff will promptly forward public records requests to the lawful custodian when such a req…

If the agency reasonably believes that a record is or may be confidential, the following procedures apply to requests for access to the record and are in addition to other rules specified for access to public records. 2505.4(1) Support for claimed access. The agency may require a…

Requests to the agency to treat a record as confidential will be addressed in accordance with the following rules. The lawful custodian may treat a record as a confidential record and withhold it from examination only in accordance with applicable law. 2505.5(1) Persons who may r…

Unless prohibited by law, a person may file a request with the lawful custodian to review, and have a written statement of additions, dissents, or objections entered into, a record containing personally identifiable information pertaining to that person. The requester must send t…

To the extent permitted by law, a person who is the subject of a confidential record may have the portion of the record concerning that person disclosed to a third party. A request for such a disclosure must be in writing, identify the particular record or records to disclose, id…

When the agency requests a person to supply information about that person, the agency will notify the person of the use that will be made of the information, which persons outside the agency might routinely be provided this information, which parts of the requested information ar…

This chapter applies to contested case proceedings conducted by the agency, including vendor appeals. [ARC 0190D, IAB 4/1/26, effective 5/6/26]

2506.10(1) Consolidation. The presiding officer may consolidate matters at issue in two or more contested case proceedings if: a. The matters involve common parties or common questions of fact or law; b. Consolidation would expedite and simplify consideration of the issues involv…

As used in this chapter, unless the context otherwise dictates: “Agency” means the agency when purchasing goods or services through a competitive solicitation. “Award” means the decision to select a vendor for a contract or purchase. “Vendor” means any vendor who has submitted a …

Rules 7—2506.101(17A) through 7—2506.105(17A) govern appeals of the agency’s decisions regarding competitive solicitations for goods or services. These rules supplement standard contested case rules and control to the extent inconsistent with standard contested case rules. Not co…

2506.103(1) First-tier review. Once the appeal is filed and any responses are received, the agency will review the case internally and issue a decision upholding, changing, or reversing the original award decision. The agency’s decision is final unless the appealing vendor reques…

2506.104(1) Standard of review. In all stages of the vendor appeal, the standard of review will be whether the solicitation process substantially complied with the legally binding procedures applicable to the award process at issue and, if not, whether there is prejudice to the n…

2506.105(1) When a vendor can request a stay. A vendor appealing a notice of intent to award may request a stay of the award process by filing a request for stay with the notice of appeal. In requesting the stay of agency action, the vendor is obligated to submit an additional bo…

2506.106(1) Rules 7—2506.101(17A) through 7—2506.105(17A) do not apply where they conflict with a governing federal regulation or would jeopardize the receipt of federal funds. 2506.106(2) If the attorney general determines that any portion of rules 7—2506.101(17A) through 7—2506…

2506.11(1) Filing requirements. Filing requirements may be imposed by rule, by the notice of hearing, or by order of the presiding officer. 2506.11(2) Petition. a. Any necessary petition in a contested case proceeding will be filed within 20 days of delivery of the notice of hear…

2506.12(1) Filing and service electronically. Every pleading, motion, document, or other paper that is filed or served shall be executed electronically whenever possible. Filing or service by a non-electronic method can only be upon a showing to the presiding officer of undue har…

2506.13(1) 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 are as set forth in the Iowa Rules of Civil Procedure. No …

2506.14(1) Issuance. a. A presiding officer must issue a subpoena upon a party’s written request. Unless there is good cause, a party must request a witness subpoena at least three days before the scheduled hearing. The request will include the name, address, email, and telephone…

2506.15(1) Motions are not required to be in a particular form. However, prehearing motions are to be in writing, state the grounds for relief, and state the relief sought. 2506.15(2) Any party may file a written response to a motion within ten days after the motion is served unl…

2506.16(1) Any party may request a prehearing conference. A written request for prehearing conference or an order for prehearing conference on the presiding officer’s own motion will be filed not less than seven days before the hearing date. A prehearing conference will be schedu…

Applications for continuances can be made to the presiding officer. 2506.17(1) A written application for a continuance will: a. Be made at the earliest possible time and no less than seven days before the hearing, except in case of unanticipated emergencies; b. State the specific…

A party requesting a contested case proceeding may withdraw that request only in accordance with agency rules. Unless otherwise provided, a withdrawal will be with prejudice. [ARC 0190D, IAB 4/1/26, effective 5/6/26]

2506.19(1) Motion. A motion for leave to intervene in a contested case proceeding must state the grounds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceeding. The proposed intervenor must at…

Except where otherwise specifically defined by law: “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. “Issuance” means the date of mailing or electronic…

2506.20(1) The presiding officer presides at the hearing and may rule on motions, impose obligations to submit briefs, issue a proposed decision, and issue orders and rulings to ensure the orderly conduct of the proceedings. 2506.20(2) All objections must be made timely and state…

2506.21(1) The presiding officer will rule on admissibility of evidence as provided in Iowa Code section 17A.14 and may, where appropriate, take official notice of facts in accordance with all applicable legal obligations. 2506.21(2) Stipulation of facts is encouraged. The presid…

2506.22(1) If a party does not appear or participate in a contested case proceeding after proper notice, the presiding officer may render a default or proceed with the hearing and render a decision in the absence of the party. 2506.22(2) Where appropriate, any party may move for …

2506.23(1) Improper communications. Except as specifically allowed by law, no party, representative of a party, or person with a direct or indirect interest in a case may communicate, directly or indirectly, with the presiding officer, or vice versa, regarding the case or a pendi…