Iowa Administrative Code

2.12(1) The subject of a confidential record may file a written request to review confidential records about that person as provided in rule 2.6(17A,22). However, the agency need not release the following records to the subject: a. The identity of a person providing information t…

2.13(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law. 2.13(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withho…

personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 2.2(17A,22). For each record system, this rule describes the legal authority for the collection of that information, the mea…

agency other than record systems as defined in rule 2.2(17A,22). These records are routinely available to the public. However, the agencies’ files of these records may contain confidential information. In addition, some records may contain information about individuals. Records a…

“Agency” means the department of natural resources. “Confidential record” means a record which is not available as a matter of right for examination and copying by members of the public under applicable provisions of law. Confidential records include records or information contai…

2.3(1) Location of record. A request for access to a record should be directed to the custodian or the particular agency office where the record is kept. If the location of the record is not known by the requester, the request shall be directed to the Director, Department of Natu…

provisions of law, the lawful custodian may disclose certain confidential records to one or more members of the public. Other provisions of law authorize or require the custodian to release specified confidential records under certain circumstances or to particular persons. In re…

from examination. The custodian may treat a record as a confidential record and withhold it from examination only to the extent that the custodian is authorized by Iowa Code section 22.7, another applicable provision of law, or a court order, to refuse to disclose that record to …

records. Except as otherwise provided by law, a person may file a request with the custodian to review, and to have a written statement of additions, dissents or objections entered into, a record containing personally identifiable information pertaining to that person. However, t…

by any applicable provision of law, a person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party. A request for such a disclosure must be in writing and must identify the particular record or …

information about that person, the agency shall 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 are required and which are optional, and the …

2.9(1) Open records are routinely disclosed without the consent of the subject. 2.9(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur without …

4.10(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 5…

4.11(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”.

4.13(2) Contents. a. In lieu of the words “Copies of”, insert “Reference to”. These rules are intended to implement Iowa Code section 17A.3 as amended by 1998 Iowa Acts, chapter 1202. [Filed 5/13/88, Notice 3/9/88—published 6/l/88, effective 7/6/88] [Filed 7/9/99, Notice 4/21/99—…

insert “director”.

4.4(3) Copies of notices. In lieu of the words “(specify time period)”, insert “one state fiscal year (July 1 to June 30)”. Also, add the following new sentence: “Subscriptions must be renewed annually by June 15.”

4.5(1) Written comments. In lieu of the words “(identify 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”. 4.5(5) Access…

4.6(2) Mailing list. In lieu of the words “(designate office)”, insert “Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319”.

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”.

“Bureau Chief, Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, Des Moines, Iowa 50319-0034; telephone (515)281-8941”. These rules are intended to implement Iowa Code section 17A.3 as amended by 1998 Iowa Acts, chapter 1202. […

“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…

“department of natural resources”. These rules are intended to implement Iowa Code section 17A.9 as amended by 1998 Iowa Acts, chapter 1202. [Filed 5/29/87, Notice 1/28/87—published 6/17/87, effective 7/22/87] [Filed 7/9/99, Notice 4/21/99—published 7/28/99, effective 9/1/99]…

“(designate agency)”, insert “department of natural resources”.

6.3(1) In lieu of “___ days”, insert “20 days”. 6.3(2) In lieu of the words “(designate agency)”, insert “department of natural resources”. 6.3(3) In lieu of the words “(designate office)”, insert “director’s office, department of natural resources”. In lieu of the words “(design…

“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”.

6.6(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…

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 t…

natural resources”.

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 cont…

7.10(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 …

7.11(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…

defenses. Pleadings do not include motions. The only allowable pleadings shall be the petition and the answer. 7.12(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…

7.13(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 …

7.14(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 a…

7.15(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 pr…

7.16(1) Ruling on evidence. The presiding officer shall rule on admissibility of evidence. 7.16(2) Admissibility in general. Evidence that is relevant and material shall be admitted unless it is unduly repetitious. Relevant and material evidence may be admitted even though inadmi…

7.17(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 …

7.18(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 com…

7.19(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 th…

“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 455A as having appellat…

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 wit…

7.3(1) Time. Time shall be computed as provided in Iowa Code section 4.1(34). 7.3(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 …

7.4(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…

7.5(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, appeals, and licensing, or shall otherwise transmit the appeal to the presiding officer, when…

7.6(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 sha…

judge employed by the department of inspections, appeals, and licensing shall preside at contested case hearings. 7.7(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 w…

7.8(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 pend…