Iowa Administrative Code

The following is incorporated by reference: 30 CFR Part 850, as in effect on July 1, 2010, with the following exceptions: 40.81(1) Amend 30 CFR 850.15 by adding paragraph (f) as follows: (f) Reciprocal certification. (1) The division may issue an Iowa blaster certificate to a qua…

in effect on July 1, 2010, with the following exceptions: 40.82(1) Delete 30 CFR 955.1 and 955.2. 40.82(2) Delete 30 CFR 955.13(a)(1) and (2). 40.82(3) Delete 30 CFR 955.10. 40.82(4) Delete from 30 CFR 955.5 the definition of “Reciprocity” and delete 30 CFR 955.16. 40.82(5) Delet…

PART 9 COAL MINING—CONTESTED CASES AND PUBLIC HEARINGS

procedures in contested cases, as defined in Iowa Code section 17A.2(2), and public hearings required to be held pursuant to the provisions of Iowa Code chapter 207.

40.92(1) An appeal of a decision to grant or deny a permit pursuant to Iowa Code sections 207.4 and 207.5; approval or failure to approve a transfer pursuant to Iowa Code section 207.12(5); appeal of a decision of the division on an application for coal exploration pursuant to Io…

in civil actions, delivered by certified mail, or personally served by a division employee with a signed acknowledgment of receipt being taken from an employee or agent of the permittee. In bond forfeiture, the surety shall also be served.

40.94(1) An appeal of a notice or order for which a contested case hearing is requested shall be mailed or personally delivered to the administrator and: a. Shall be made in writing and signed by the requesting party or representative; b. Shall identify the notice or order being …

Code chapters 17A and 207, prehearing motions may be filed and ruled upon in a manner consistent with the Iowa rules of civil procedure. In considering a prehearing motion, the administrative law judge may consider the practicality of receiving evidence or consolidating the motio…

40.96(1) A hearing date shall be set upon the request of the division or any party and shall be arranged by the division through the department of inspections and appeals. The department of inspections and appeals shall assign an administrative law judge to the proceeding. The re…

40.97(1) An administrative law judge selected pursuant to Iowa Code section 17A.11 shall preside at all contested cases. 40.97(2) Oral proceedings of a contested case shall be recorded by electronic or mechanized means or by certified shorthand reporters.

40.98(1) Within 20 days of the conclusion of the hearing, each party may file with the administrative law judge and all parties of record proposed findings of fact, conclusions of law, a proposed order, or a brief in support of specified findings and conclusion. Said brief shall …

committee, extensions of time, public hearings, and judicial review of the committee decision. 40.99(1) Decision of the administrative law judge. a. Decisions of the administrative law judge shall conform to the provisions of Iowa Code section 17A.16(1). b. A decision of the admi…

and water quality, department of agriculture and land stewardship (hereinafter referred to as “the division”)”. [ARC 2192C, IAB 10/14/15, effective 11/18/15]

Subrule 5.10(2) is deleted and subsequent subrules are renumbered.

5.11(1) In lieu of the words “(specify the office and address)” insert “the Director of the Division of Soil Conservation and Water Quality, Department of Agriculture and Land Stewardship, Wallace State Office Building, East Ninth and Grand, Des Moines, Iowa 50319”. [ARC 2192C, I…

5.13(2) In lieu of the words “(agency head)” insert “director of the division of soil conservation and water quality”. [ARC 2192C, IAB 10/14/15, effective 11/18/15] These rules are intended to implement Iowa Code chapters 17A and 161A. [Filed 5/12/99, Notice 3/24/99—published 6/2…

5.3(2) In lieu of the words “(commission, board, council, director)” insert “director of the division of soil conservation and water quality”. [ARC 2192C, IAB 10/14/15, effective 11/18/15]

5.4(3) In lieu of the words “(specify time period)” insert “one year”.

5.5(1) In lieu of the words “(identify office and address)” insert “the Director of the Division of Soil Conservation and Water Quality, Department of Agriculture and Land Stewardship, Wallace State Office Building, East Ninth and Grand, Des Moines, Iowa 50319”. 5.5(5) In lieu of…

5.6(2) In lieu of the words “(designate office)” insert “the division director’s office”.

the division of soil conservation and water quality, Iowa department of agriculture and land stewardship, in accordance with the policies of the state soil conservation and water quality committee, to participate in the federal abandoned mined land and reclamation program as esta…

50.100(1) Land adversely affected by past coal mining practices may be acquired with moneys from the fund if approved in advance by OSM. OSM will determine if: a. The acquired land will serve recreation, historic, conservation, or reclamation purposes, or provide open space benef…

thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule or subrule which can be given effect without invalid provision or application, and to this end the provisions of these rules or subrules are severabl…

50.110(1) An appraisal of the fair market value of all land or interest in land to be acquired shall be obtained from a professional appraiser. The appraisal shall state the fair market value of the land as adversely affected by past mining and shall otherwise conform to the requ…

50.120(1) The division may accept donations of title to land or interest in land that is necessary for reclamation activities. A donation shall not be accepted if the terms or conditions of acceptance are inconsistent with the objectives or requirements of the program. 50.120(2) …

50.130(1) Land acquired under this rule may be used pending disposition under rule 50.140(207) for any lawful purpose that is not inconsistent with the reclamation activities and postreclamation uses for which it was acquired. 50.130(2) Any user of land acquired under this part s…

50.140(1) Prior to disposition of any acquired land, the division shall publish a notice which describes the proposed disposition of the land in a newspaper of general circulation in the area where the land is located for a minimum of four successive weeks. The notice shall provi…

a consent to enter is obtained or if entry is required and made.

50.160(1) A notarized appraisal of the fair market value of private land to be reclaimed shall be obtained from an independent professional appraiser, with exceptions as noted in 50.160(4). Such appraisal shall meet the quality of appraisal practices found in the handbook on “Uni…

50.170(1) The division shall place a lien against land reclaimed if the reclamation results in an increase in the fair market value based on the pre- and postreclamation appraisals. a. A lien shall not be placed against the property of a surface owner who acquired title prior to …

50.180(1) A lien placed on private property shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this paragraph. T…

50.190(1) Availability of forms. Copies of forms utilized in the AML program are available at the following address: Division of Soil Conservation and Water Quality, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319. 50.190…

50.20(1) “Emergency” means a sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety or general welfare of people before the danger can be abated under normal program operation procedures. 50.20(2) “Extreme danger” means a c…

50.30(1) Amounts granted to the state by OSM for purpose of conducting the Iowa reclamation plan. 50.30(2) Moneys collected by the state from charges for uses of land acquired or reclaimed with moneys from the fund. 50.30(3) Moneys recovered by the state through the satisfaction …