Iowa Administrative Code

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…

7.9(1) Separation of functions. A staff attorney for the department shall perform the investigative and prosecuting functions for the department. Additional employees of the department may be designated by the director to perform these functions as necessary during the course of …

be awarded on a competitive basis to the maximum practical extent. All contracts shall be in written form. [ARC 9434C, IAB 7/23/25, effective 8/27/25]

8.2(1) Definition. As used in these rules, “public improvement” means public improvement as defined in Iowa Code section 26.2. 8.2(2) Bidding process. The department shall use the bidding processes identified in Iowa Code chapter 26. 8.2(3) Approval and award of contracts. All co…

8.3(1) Services defined. The term “services” shall be as defined in 11—118.3(8A), adopted as required by Iowa Code section 8A.311. 8.3(2) Purchasing standards for service contracts. The department shall comply with the provisions of 11—Chapters 117 through 121 (as of July 16, 202…

sum of $5,000 as estimated by the department, the department shall advertise by publishing a notice by email or through mail, and by posting on the state of Iowa bid opportunities website. The notices shall be not less than 15 days prior to the date set for receiving bids. The no…

9.1(1) Authority. Iowa Code section 558.69 directs the department to adopt rules regarding a statement to be submitted to county recorders when they record instruments transferring real property. The statement must disclose the existence and location of wells, disposal sites, und…

9.2(1) The department adopts by reference Form 542-0960, “Groundwater Hazard Statement” (February 1, 2023), which may be obtained from the department or local county recorders. a. When a groundwater hazard statement is required pursuant to 9.1(4), the transferor or the transferor…

commission. Rulemaking proceedings and contested case proceedings are governed by other departmental rules. [ARC 7942C, IAB 5/15/24, effective 6/19/24]

1.2(1) Time of meetings. The commission generally meets monthly, but is required to meet at least quarterly. The director, chairperson, or a majority of commissioners may establish meetings. 1.2(2) Notification of meetings. The director will provide public notice of all meeting d…

1.3(1) Attendance. All meetings are open to the public. The commission may exclude the public from portions of the meeting in accordance with Iowa Code section 21.5. 1.3(2) Participation. a. Items on agenda. Presentations to the commission may be made at the discretion of the cha…

1.4(1) Quorum. Five or more commissioners present at a meeting constitute a quorum. 1.4(2) Voting. a. Voting requirements if eight or nine commissioners are currently appointed. If eight or nine commissioners are currently appointed to the environmental protection commission by t…

1.5(1) General. Meetings will be conducted in accordance with Robert’s Rules of Order unless otherwise provided in these rules. Voting will be by voice or by roll call. Voting will be by voice unless a voice vote is inconclusive, a member of the commission requests a roll call, o…

1.6(1) Audio recordings. The director may record each meeting and shall record each closed session. 1.6(2) Minutes. The director will keep minutes of each meeting. Minutes will be reviewed and approved by the commission. [ARC 7942C, IAB 5/15/24, effective 6/19/24]

1.7(1) Officers. The officers of the commission are the chairperson, the vice chairperson, and the secretary. 1.7(2) Duties. The chairperson will preside at meetings and will exercise the powers conferred upon the chairperson. The vice chairperson will perform the duties of the c…

1.8(1) Sales and leases. The general provisions for the sales and leases of goods, real estate, and services by commission members are governed by rule 351—6.11(68B). 1.8(2) Consent by rule. The commission concludes that sales or leases of goods, real estate, or services describe…

complaint is as follows: 10.1(1) Submission requirements and investigations. Complaints concerning alleged violations of departmental statutes or rules should be submitted to the appropriate department office, and the nature of the complaint must be summarized in a concise manner…

environmental noncompliance discovered as a result of an environmental self-audit conducted by or on behalf of a facility owner or operator under the provisions of Iowa Code chapter 455K. [ARC 7943C, IAB 5/15/24, effective 6/19/24]

10.11(1) If a notice of audit is provided to the department, it must be submitted in writing and include the following information: a. The name and location (address and city) of the facility to be audited; b. The description of the facility or portion of the facility, activity, …

completed within a reasonable time, not to exceed six calendar months from the date the notice of audit is received by the department unless a written request for extension has been filed with and granted by the department. 10.12(1) A request for extension must be filed in writin…

immunity provisions of Iowa Code chapter 455K must make a prompt voluntary disclosure to the department regarding an environmental violation which is discovered through an environmental audit. 10.13(1) A disclosure of violation must be sent to the department in writing and includ…

violation documents are considered public information. Copies of the environmental audit report should not be submitted to the department. [ARC 7943C, IAB 5/15/24, effective 6/19/24] These rules are intended to implement Iowa Code chapter 455K.

DIVISION III ENFORCEMENT OPTIONS

DIVISION II ENVIRONMENTAL AUDITS

penalty, the following enforcement options are available to the department to obtain information and seek compliance. 10.20(1) Informal meeting. Department staff may attempt to resolve a potential violation or obtain additional information with an informal meeting. The discussion…