Iowa Administrative Code

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 …

435.21(1) Any party may request a prehearing conference. Prehearing conferences will be conducted by the executive officer or designee, who may request the assistance of an administrative law judge. A written request for prehearing conference or an order for prehearing conference…

435.22(1) Unless otherwise provided, applications for continuance shall be filed with the board at least seven days before the date scheduled for hearing. If the application for continuance is not contested, the executive officer or designee will issue the appropriate order. If t…

435.23(1) Settlement negotiations after the notice of hearing may be initiated by the licensee or other respondent, the prosecuting attorney, the board’s executive officer, or the board chair or chair’s designee. 435.23(2) The board chair or chair’s designee may negotiate on beha…

will have the authority to administer oaths, admit or exclude testimony or other evidence, and rule on all motions and objections. 435.24(1) Examination of witnesses. All witnesses shall be sworn or affirmed by the presiding officer or the court reporter and be subject to cross-e…

435.25(1) The presiding officer will rule on the admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. 435.25(2) Stipulation of facts is encouraged. 435.25(3) Evidence in the proceeding will be c…

435.26(1) If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party. 435.…

435.27(1) Unless requested for the disposition of ex parte matters specifically authorized by statute, following issuance of the statement of charges and notice of hearing there shall be no communication, directly or indirectly, between the presiding officer and any party or repr…

portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record will be paid by the requesting party. [ARC 7999C, IAB 5/15/24, effective 6/19/24; Editorial change: IAC Supplement 4/2/25]

may review an interlocutory order of the executive officer, administrative law judge, or hearing panel. Any request for interlocutory review must be filed within 14 days of issuance of the challenged order, but no later than the time for compliance with the order or the date of t…

435.3(1) Time will be computed as provided in Iowa Code section 4.1(34). 435.3(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 th…

435.30(1) Final decisions. When a quorum of the board presides over the reception of the evidence at the hearing, its decision is a final decision. A majority of the members constitutes a quorum. Final decisions will be served on the parties in accordance with subrule 435.14(2). …

ordered by the board) of the licensee’s receipt of the board’s final decision, whether entered by consent or following hearing, which suspends or revokes a license or accepts a voluntary surrender of a license to resolve a disciplinary case, the licensee shall notify in writing a…

435.32(1) Any party to a contested case proceeding may file an application for rehearing from a final order. The filing of an application for rehearing is not necessary to exhaust administrative remedies for purposes of judicial review. 435.32(2) The application for rehearing wil…

435.33(1) Any party to a contested case proceeding may petition the board for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the board. The petition shall be filed with the notice of appeal and shall state the reasons justifying a …

exists as to a matter that would be a contested case if such a dispute of 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…

435.35(1) Emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare, and consistent with the Constitution and other provisions of law, the board may issue a written order in compliance with Iowa Code section 17A.18A to…

its staff shall send written notice to the applicant by regular first-class mail identifying the factual and legal basis for denying the application. If the board denies an application to renew an existing license, the provisions of rule 481—435.37(17A,105,272C) shall apply. 435.…

sufficient application to renew a license, a notice of hearing will be issued to commence a contested case proceeding. 435.37(1) Hearings on denial of an application to renew a license will be conducted according to the procedural rules applicable to contested cases. Evidence sup…

certain fees and expenses relating to a disciplinary hearing only if the board finds that the licensee has violated a statute or rule enforced by the board. Payment shall be made directly to the board. 435.38(1) The board may assess the following costs under this rule: a. For con…

with the terms of Iowa Code chapter 17A. [ARC 7999C, IAB 5/15/24, effective 6/19/24; Editorial change: IAC Supplement 4/2/25]

action against a licensee, the board will order a contested case hearing commenced by the filing and service of a statement of charges and notice of hearing. [ARC 7999C, IAB 5/15/24, effective 6/19/24; Editorial change: IAC Supplement 4/2/25]

435.40(1) The term “reinstatement,” as used in this rule, includes both the reinstatement of a suspended license and the issuance of a new license following the revocation or voluntary surrender of a license. 435.40(2) Any person whose license has been revoked or suspended by the…

attempt to informally settle a disciplinary case before filing a statement of charges and notice of hearing. If the board and the licensee agree to a settlement of the case, a statement of charges will be filed simultaneously with a consent order, whether as separate or combined …

435.6(1) Legal review. Every statement of charges and notice of hearing prepared by the board will be reviewed by the office of the attorney general before it is filed. 435.6(2) Delivery. Delivery of the statement of charges and notice of hearing constitutes the commencement of t…

a contested case hearing shall file a written request for such a proceeding within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the board action in question. 435.7(1) Contents of request.…

hearing, the office of the attorney general is responsible for the legal representation of the public interest in all proceedings before the board. The assistant attorney general assigned to prosecute a contested case before the board will not represent the board in that case but…

disciplinary contested case will be the board, a panel of not fewer than three board members who are licensed under Iowa Code chapter 105, or a panel of nonboard member specialists as provided in Iowa Code section 272C.6(1) and 272C.6(2). The board or a panel of board members whe…

461.1(1) A water park or water park attraction, including but not limited to a water slide, wave action pool, and lazy river. This subrule does not apply to an amusement ride that propels patrons using a power source other than gravity even though water is present. 461.1(2) A liv…

“Air-supported structure” means an amusement device that employs a high-strength fabric or film that achieves its strength, shape and stability from internal air pressure provided by a mechanical device such as an air blower or fan. “Amusement device” means a climbing wall utiliz…

carnival or fair unless the person holds a current application certificate and the covered equipment has passed an Iowa inspection. The director reserves the right to deny inspection for any application submitted less than 60 days prior to operation at the first event. 461.3(1) A…

pass an inspection at least annually. Inspections shall be performed according to the rules set forth and standards adopted in 481—Chapters 461 through 463. 461.4(1) Inspection types. In addition to the inspections listed below, an inspection may be conducted by the director at a…

without a current sticker. 461.5(1) After covered equipment has passed an annual inspection by the inspector, the inspector will affix an amusement inspection sticker to the equipment where it is readily accessible. 461.5(2) After the director receives satisfactory proof of inspe…

461.6(1) All active application certificates terminate automatically on December 31 of the year of issuance. 461.6(2) The director may suspend or revoke an application certificate for any of the following reasons: a. Negligence in the operation of covered equipment; b. Repeated f…

certificate or amusement inspection sticker. The procedures set forth in this rule govern the revocation, suspension or denial of an application certificate or amusement inspection sticker. 461.7(1) In the event that immediate action is required due to imminent danger to the publ…

this chapter apply to all covered equipment, except a bungee jump covered by 481—Chapter 463. [ARC 8828C, IAB 1/22/25, effective 2/26/25; Editorial change: IAC Supplement 7/9/25]

462.2(1) Nothing in 481—Chapters 461 through 463 provides an exemption, waiver, or variance from any otherwise applicable regulation or statute. 462.2(2) State fire marshal rules set forth in 661—Chapter 201 are adopted by reference. [ARC 8828C, IAB 1/22/25, effective 2/26/25; Ed…

462.3(1) Design. The grounds of a fair or carnival shall be designed according to the following criteria: a. Clearance around covered equipment will meet or exceed the manufacturer’s recommendations. b. Clearance between covered equipment and a facility for cooking will be at lea…

the design and manufacture of all covered equipment, except a bungee jump covered by 481—Chapter 463. 462.4(1) Codes adopted by reference. ASTM F2374-10 applies to all air-supported structures notwithstanding the definition and use of the phrase “inflatable amusement device” in A…

inspections, repairs, tests, and maintenance as set forth in this rule and the manufacturer’s recommendations, as applicable. An operator will make a written record of all inspections, maintenance, tests, and repairs of covered equipment, and the records will be available to the …

B77.1A-2012 and ASTM F770-15, F1957-99(2011), F2007-12, F2137-15, F2374-10, F2375-09, F2376-13, F2460-11, and F2959-14, as applicable. ASTM F2374-10 applies to all air-supported structures, notwithstanding the definition and use of the phrase “inflatable amusement device” in ASTM…

462.7(1) Emergency procedure. Will meet or exceed manufacturer specifications. If manufacturer specifications are not available, the emergency procedure will meet ASTM standards. 462.7(2) Medical and first aid. The operator shall make available to patrons the same medical and fir…

“Air bag” means a device that cradles the body by using an air release breather system to dissipate the energy due to a fall, thereby allowing the jumper to land without an abrupt stop or bounce. “Approved operating site” means the area, including the preparation area, the jump s…

1. Bungee catapulting where an overhead obstruction exists; 2. Sandbagging; 3. Tandem jumping; and 4. Jumping from a bridge, television tower, crane, grain bin, hot air balloon or any height not designed for the purpose of bungee jumping. [ARC 8829C, IAB 1/22/25, effective 2/26/2…

463.3(1) Storage. Adequate storage will be provided to protect equipment from physical, chemical and ultraviolet-ray damage. The storage area will be secured against unauthorized entry. 463.3(2) Communications. There will be: a. A public address system in operation during the hou…

463.4(1) Platform. A platform shall: a. Be capable of supporting at least five times the rated capacity or maximum intended load of the platform. If the jump equipment is attached to the platform as distinct from the structure, the dynamic load factor is added to the rated capaci…

recommendations of the equipment manufacturers. When those recommendations conflict with the testing and inspection provisions of this rule, the provisions affording the higher degree of safety will be followed. Inspections, findings and corrective action will be recorded in the …

463.6(1) Site operating manual. The operator will ensure that the site has an operating manual that includes the following elements: a. A site plan showing the fencing, the site furniture, the preparation area, the jump space, the jump area, the jump direction, the landing area a…

to all construction contractors, except for a person who earns less than $2,000 annually or who performs work or has work performed on the person’s own property. [ARC 8833C, IAB 1/22/25, effective 2/26/25; Editorial change: IAC Supplement 7/9/25]

465.10(1) Citations. The director will issue a citation to a contractor where an investigation reveals the contractor has violated: a. The requirement that the contractor be registered; b. The requirement that the contractor’s registration information be substantially complete an…