Iowa Administrative Code

requests, go to the Boiler and Pressure Vessel Board, Department of Inspections, Appeals, and Licensing, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321. [ARC 8882C, IAB 2/19/25, effective 3/26/25; Editorial change: IAC Supplement 7/9/25; ARC 0255D, IAB 5/13/26, effective 4/2…

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 followi…

may be withdrawn, canceled, or modified if, after appropriate notice and review, the board issues an order finding any of the following: 381.10(1) The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propri…

rule for which the waiver was granted. 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. [ARC 8883C, IAB 2/19/25, effective 3/26/25; Editorial change: IAC S…

petition may be taken in accordance with Iowa Code chapter 17A. [ARC 8883C, IAB 2/19/25, effective 3/26/25; Editorial change: IAC Supplement 7/9/25] These rules are intended to implement Iowa Code chapters 17A, 22, and 89. [Filed 7/26/06, Notice 5/10/06—published 8/16/06, effecti…

as follows: 381.2(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. 381.2(2) Other. If the petition does not relate to a pending contested case, the petiti…

department’s website. A petition for waiver shall include the following information where applicable and known to the petitioner: 381.3(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 t…

board office and 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 provis…

381.5(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 me…

17A.18A regarding contested case hearings apply to any petition for a waiver filed within a contested case but otherwise apply to board proceedings for a waiver only when the board so provides by order or is required to do so by statute. [ARC 8883C, IAB 2/19/25, effective 3/26/25…

reference to the particular person or legal entity and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver if one is issued. 381.7(1) B…

filed, and available for public inspection as provided in Iowa Code section 17A.3. [ARC 8883C, IAB 2/19/25, effective 3/26/25; Editorial change: IAC Supplement 7/9/25]

a waiver petition will 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 department’s website. [ARC 8883C, IAB 2/…

equipment subject to a written inspection report may petition the director 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 director is a waiver of all appeal rights under Iowa…

382.10(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 …

382.11(1) Time is to be computed as provided in Iowa Code section 4.1(34). 382.11(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…

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. [ARC 8886C, IAB 2/19/25, effective 3/26/25; Editorial change: IAC …

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 …

382.14(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 investigate…

382.15(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 consideratio…

382.16(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 are governed by the Iowa…

board or the presiding officer acting on behalf of the board has the authority to issue subpoenas to compel the attendance of witnesses at depositions or hearings and to compel the production of professional records, books, papers, correspondence and other records that are deemed…

382.18(1) No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought. 382.18(2) Any party may file a written response to a motion within ten days after the motion is served, unless the time …

settlements are encouraged. Settlement negotiations may be initiated at any stage of a contested case by any party. The board shall not be involved in negotiation until a written proposed settlement is submitted for approval, unless the parties waive this prohibition. [ARC 8886C,…

director’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 director’s written ruling on a petition for reconsideration or the direc…

382.20(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 is filed not less than seven days prior to the hearing date. A prehearing conference shall be scheduled…

to the presiding officer. 382.21(1) A written application for a continuance shall: 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 reasons for the request; and c. Be signed …

request prior to the hearing. Unless otherwise provided, a withdrawal is with prejudice. [ARC 8886C, IAB 2/19/25, effective 3/26/25; Editorial change: IAC Supplement 7/9/25]

382.23(1) The presiding officer has the authority to administer oaths, to admit or exclude testimony or other evidence, and to rule on all motions and objections. 382.23(2) All objections shall be timely made and stated on the record. 382.23(3) Parties have the right to participa…

382.24(1) The presiding officer will rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. 382.24(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on…

382.25(1) Prohibited communications. Unless required for the disposition of ex parte matters specifically authorized by statute, following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between the presiding officer and any party or re…

board may review an interlocutory order of the administrative law judge, such as a ruling on a motion to quash a subpoena or other prehearing motion. In determining whether to do so, the board shall weigh the extent to which its granting the interlocutory appeal would expedite fi…

382.27(1) Proposed decision. Decisions issued by a panel of less than a quorum of the board or by an administrative law judge are proposed decisions. A proposed decision issued by a panel of the board or an administrative law judge becomes a final decision if not timely appealed …

material fact 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 eviden…

382.29(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 382.29(2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief …

not object, the board may conduct an informal review of the facts and circumstances subject to the provisions of this rule. 382.3(1) In order to preserve the ability of board members to participate in decision making, parties who desire participation in an informal review must th…

382.30(1) When available. a. 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 state the reasons …

accordance with the terms of Iowa Code chapter 17A. 382.31(1) Consistent with Iowa Code section 17A.19(3), if a party does not file a timely application for rehearing, a judicial review petition must be filed with the district court within 30 days after the issuance of the board’…

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 director. [ARC 8886C, IAB 2/19/25, effective 3/26/25; Editorial change: IAC Supplement 7/9/25]

and nature of the hearing and a brief statement of the matters asserted. 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 contain a reference to the applicable statu…

reconsideration will be considered preserved for appeal to the board. [ARC 8886C, IAB 2/19/25, effective 3/26/25; Editorial change: IAC Supplement 7/9/25]

board, the director 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 director in ruling on …

representation at the discretion and expense of that party. [ARC 8886C, IAB 2/19/25, effective 3/26/25; Editorial change: IAC Supplement 7/9/25]

382.9(1) The presiding officer in all contested cases is the board, a panel of board members, or an administrative law judge assigned by the department of inspections, appeals, and licensing. When board members act as presiding officer, they conduct the hearing and issue either a…

implementation of Iowa Code chapter 89. An object is not considered “under pressure” and is not within the scope of Iowa Code chapter 89 when there is clear evidence that the manufacturer did not intend it to be operated at more than 3 psi and the object is operating at 3 pounds …

390.10(1) Control and safety device reports. Documentation required by this subrule shall be kept on site and be available for inspection by the department or special inspectors. The owner or user shall mail a copy of the documentation required by this subrule to the department. …

codes, and publications adopted by reference in these rules are available for review in the office of the department, 6200 Park Avenue, Suite 100, Des Moines, Iowa. [ARC 8887C, IAB 2/19/25, effective 3/26/25; Editorial change: IAC Supplement 7/9/25]