Iowa Administrative Code

portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party. Parties who request that a hearing be recorded by certified shorthand reporters rather than by electronic means shall bear the co…

board may review an interlocutory order of the presiding officer. In determining whether to do so, the UST board shall weigh the extent to which its granting the interlocutory appeal would expedite final resolution of the case and the extent to which review of that interlocutory …

judge in a contested case proceeding is a proposed decision which will become the final decision of the UST board unless there is an appeal. Any appeal of a presiding officer’s proposed decision shall be made to the UST board. A proposed decision shall be issued by the administra…

17.28(1) Appeal by party. Any adversely affected party may appeal a proposed decision of a presiding officer to the UST board within 30 days after issuance of the proposed decision. 17.28(2) Review. The UST board may initiate review of a proposed decision on its own motion at any…

17.29(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 17.29(2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief so…

proceeding may, by written agreement of all parties to the contested case proceeding, waive any provision of this chapter and may, by written agreement of all parties to the contested proceeding, agree to any other rules of procedure for the conduct of the proceeding. However, th…

17.30(1) When available. a. Any party to a contested case proceeding may petition the UST board for a stay of an order issued in that proceeding, pending review by the agency. The petition for a stay shall be filed with the notice of appeal and shall state the reasons justifying …

are final agency action for purposes of appeal. Final UST board decisions will be in writing and outline the basis of the decision in the contested case proceeding. The administrator will write the final decision as instructed by the UST board. The UST board decision shall be fin…

inspectors of underground storage tanks. 17.32(1) Notice. Except as provided in 17.32(6), prior to the suspension or revocation of a license, the administrator shall give Notice of Intended Action and an opportunity to be heard at an evidentiary hearing conducted according to the…

be represented by legal assistants or paralegals at contested case hearings. Legal assistants or paralegals representing the UST board and the administrator shall be under the supervision of the UST board’s counsel from the office of the attorney general. These rules are intended…

any contested case by meeting with the administrator or the administrator’s designee for that purpose. The request shall be made in writing and shall be delivered to the administrator with a copy to the UST board and presiding officer, if any. Upon receipt of the request, all for…

17.5(1) Time shall be computed as provided in Iowa Code subsection 4.1(22). 17.5(2) For good cause, the presiding officer may extend or shorten the time to take any action, except as precluded by statute or by rules of the board. Except for good cause stated in the record, before…

department of insurance for assignment of an administrative law judge, or, if not available, the department of inspections and appeals for an assignment of an administrative law judge. The administrative law judge assigned shall be the presiding officer for purposes of hearing th…

entitlement to a contested case proceeding shall file a written notice of appeal within 30 days of receipt of the decision of the administrator. The notice of appeal should be directed to the administrator and should state the name and address of the appellant, identify the speci…

appeal, the administrator will file the notice of appeal with the presiding officer and notify all affected parties of the filing of the notice of appeal with the presiding officer. When the presiding officer receives a notice of appeal from the administrator, the presiding offic…

17.9(1) Delivery. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Delivery may be executed by: a. Personal service as provided in the Iowa Rules of Civil Procedure; or b. Certified mail, return receipt requested; or c. Publication,…

board at the following address: Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266. A petition is deemed filed when it is received by that office. The board must provide the petitioner with…

petition. The board may request a brief from the petitioner or from any other person concerning the substance of the petition.

Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266.

2.4(1) Within 14 days after the filing of a petition, the board must 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 petitioner in the petition, the board must sched…

comprehensive petroleum underground storage tank fund board for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the board at the following address: Administrator, Iowa Comprehensive Petroleum U…

declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion. A declaratory order is effe…

order shall be mailed promptly to the original petitioner and all intervenors.

as a final order issued in a contested case proceeding. It is binding on the board, the petitioner, and any intervenors (who consent to be bound) and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the or…

board shall give notice of the petition to all persons not served by the petitioner pursuant to 3.6(17A) to whom notice is required by any provision of law. The board may also give notice to any other persons.

3.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 30 days of the filing of a petition for declaratory order shall be allowed to intervene in a proceeding for a declaratory order. 3.3(2) Any person who…

The board may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.

to Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266.

3.6(1) When service required. Except where otherwise provided by law, every petition for declaratory order, petition for intervention, brief, or other paper filed in a proceeding for a declaratory order shall be served upon each of the parties of record to the proceeding, and on …

meeting between the original petitioner, all intervenors, and the board, a member of the board, or a member of the staff of the administrator to discuss the questions raised. The board may solicit comments from any person on the questions raised. Also, comments on the questions r…

3.8(1) Within the time allowed by Iowa Code section 17A.9(5), after receipt of a petition for a declaratory order, the board or designee shall take action on the petition as required by Iowa Code section 17A.9(5). 3.8(2) The date of issuance of an order or of a refusal to issue a…

3.9(1) The board shall not issue a declaratory order where prohibited by Iowa Code section 17A.9(1) and may refuse to issue a declaratory order on some or all questions raised for the following reasons: 1. The petition does not substantially comply with the required form. 2. The …

adopted by the board are subject to the provisions of Iowa Code chapter 17A, the Iowa administrative procedure Act, and the provisions of this chapter.

4.10(1) Omission of notice and comment. To the extent the board for good cause finds that public notice and participation are unnecessary, impracticable, or contrary to the public interest in the process of adopting a particular rule, the board may adopt that rule without publish…

4.11(1) General. When requested by a person, either prior to the adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the board shall issue a concise statement of reasons for the rule. Requests for such a statement mus…

4.12(1) Contents. Each rule adopted by the board shall contain the text of the rule and, in addition: a. The date the board adopted the rule; b. A brief explanation of the principal reasons for the rule-making action if such reasons are required by Iowa Code section 17A.4(1)“b” o…

4.13(1) Requirement. The board shall maintain an official rule-making record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of Intended Action, or adopts. The rule- making record and materials incorporated by reference must be available f…

rules coordinator. The filing must be executed as soon after adoption of the rule as is practicable. At the time of filing, each rule must have attached to it any fiscal impact statement and any concise statement of reasons that was issued with respect to that rule. If a fiscal i…

4.15(1) Grounds. The board may make a rule effective after its filing at any stated time prior to 35 days after its indexing and publication in the Iowa Administrative Bulletin if it finds that a statute so provides, the rule confers a benefit or removes a restriction on some seg…

4.16(1) Compilation, indexing, public inspection. The board shall maintain an official, current, and dated compilation that is indexed by subject, containing all of its general statements of policy within the scope of Iowa Code sections 17A.2(11)“a,” “c,” “f,” “g,” “h,” and “k.” …

4.17(1) Any interested person, association, board, or political subdivision may submit a written request to the administrative rules coordinator requesting the board to conduct a formal review of a specified rule. Upon approval of that request by the administrative rules coordina…

information by other methods, the board may, before publication of a Notice of Intended Action under Iowa Code section 17A.4(1)“a,” solicit comments from the public on a subject matter of possible rule making by the board by causing notice to be published in the Iowa Administrati…

4.3(1) Docket maintained. The board shall maintain a current public rule-making docket. 4.3(2) Anticipated rule making. The rule-making docket shall list each anticipated rule-making proceeding. A rule-making proceeding is deemed “anticipated” from the time a draft of proposed ru…

4.4(1) Contents. At least 35 days before the adoption of a rule the board shall cause Notice of Intended Action to be published in the Iowa Administrative Bulletin. The Notice of Intended Action shall include: a. A brief explanation of the purpose of the proposed rule; b. The spe…

4.5(1) Written comments. For at least 20 days after publication of the Notice of Intended Action, persons may submit argument, data, and views, in writing, on the proposed rule. Such written submissions should identify the proposed rule to which they relate and should be submitte…

4.6(1) Definition of small business. A “small business” is defined in Iowa Code section 17A.4A(7). 4.6(2) Mailing list. Small businesses or organizations of small businesses may be registered on the board’s small business impact list by making a written application addressed to A…

4.7(1) A proposed rule that mandates additional combined expenditures exceeding $100,000 by all affected political subdivisions or agencies and entities which contract with political subdivisions to provide services must be accompanied by a fiscal impact statement outlining the c…

4.8(1) Time of adoption. The board shall not adopt a rule until the period for making written submissions and oral presentations has expired. Within 180 days after the later of the publication of the Notice of Intended Action, or the end of oral proceedings thereon, the board sha…

4.9(1) The board shall not adopt a rule that differs from the rule proposed in the Notice of Intended Action on which the rule is based unless: a. The differences are within the scope of the subject matter announced in the Notice of Intended Action and are in character with the i…

with a third party to transfer a portion or all of the board’s liabilities. The board maintains the sole discretion to pursue such a transaction and may elect to pursue or not to pursue such a transaction based on whether or not the board deems such a transaction to be in the bes…