Iowa Administrative Code

7.15(1) Discovery procedures applicable in civil actions are available to parties in contested cases. 7.15(2) Unless otherwise ordered by the commission or presiding officer or agreed to by the parties, data requests or interrogatories served by any party shall either be responde…

7.16(1) Issuance. a. An agency subpoena will be issued to a party on a written request that includes the name, address, and telephone number of the requesting party. In the absence of good cause for permitting later action, a request for a subpoena will be filed at least seven da…

schedule a prehearing conference, scheduling conference, or other informal conference at the commission’s or presiding officer’s discretion or at the request of any party for any appropriate purpose. Any agreement reached at the conference will be made a part of the record in the…

issues in the case. The commission or presiding officer will not approve settlements, whether contested or uncontested, unless the settlement is reasonable in light of the whole record, consistent with law, and in the public interest. Commission adoption of a settlement constitut…

the commission, agree upon the facts or law or any portion thereof involved in the controversy, subject to approval by the commission or presiding officer. [ARC 8430C, IAB 12/11/24, effective 1/15/25]

“Commission” means the Iowa utilities commission or a majority thereof. “Complainants” means persons who complain to the commission of any act or thing done or omitted to be done in violation, or claimed to be in violation, of any provision of Iowa Code chapters 476 through 476C,…

or the Iowa Rules of Civil Procedure does not limit the investigatory powers of the commission, its representatives, or the consumer advocate. [ARC 8430C, IAB 12/11/24, effective 1/15/25]

permission of the commission or presiding officer, withdraw that request at any time prior to the issuance of a proposed or final decision in the case. [ARC 8430C, IAB 12/11/24, effective 1/15/25]

section 17A.17. [ARC 8430C, IAB 12/11/24, effective 1/15/25]

7.23(1) Commission or presiding officer. The commission or presiding officer presides at the hearing and may rule on motions and issue such orders and rulings as will ensure the orderly conduct of the proceedings. The commission or presiding officer will maintain the decorum of t…

presiding officer’s own motion or on the motion of a party, may reopen the record for the reception of further evidence. When the record was made before the commission, a motion to reopen the record may be made any time prior to the issuance of a final decision. When the record w…

commission may review an interlocutory order of the presiding officer. In determining whether to do so, the commission may consider the extent to which granting the interlocutory appeal would expedite final resolution of the case and the extent to which review of that interlocuto…

7.26(1) Notification of proposed decision. Notice of the presiding officer’s proposed decision and order in a contested case will be sent through the electronic filing system, or by first-class mail if the commission has granted a party approval to receive service in paper, on th…

7.27(1) Application for rehearing or reconsideration. Any party to a contested case may file an application for rehearing or reconsideration of the final decision within 20 days after the issuance of a final decision in a contested case. The commission will either grant or refuse…

7.28(1) Any party to a contested case proceeding may petition the commission for a stay or other temporary remedy pending judicial review of the proceeding. The petition will state the reasons justifying a stay or other temporary remedy and be served on all other parties pursuant…

7.29(1) Necessary emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare, and consistent with the Constitution and other provisions of law, the commission may issue an emergency adjudicative order in compliance with…

over contested cases or other proceedings and conduct hearings and have the following authority, unless otherwise ordered by the commission: 1. To regulate the course of hearings; 2. To administer oaths and affirmations; 3. To rule upon the admissibility of evidence and offers of…

7.4(1) Orders. All orders will be issued and uploaded into the commission’s electronic filing system. Orders are effective upon acceptance into the electronic filing system, unless otherwise provided in the order. Orders and other filings in dockets may be viewed in the specific …

7.5(1) Time is computed as provided in Iowa Code section 4.1(34). 7.5(2) In response to a request or on its own motion, for good cause, the commission or presiding officer may extend or shorten the time to take any action, except as precluded by statute. [ARC 8430C, IAB 12/11/24,…

by telephone conference call or other electronic means, such as a webinar service, in which all parties have an opportunity to participate. The commission or presiding officer will determine the location of the parties and witnesses for electronic proceedings. The convenience of …

commission’s rules on electronic filing in 199—Chapter 14 and the commission’s published standards for electronic information, available on the commission’s website at iuc.iowa.gov or from the commission’s customer service center. [ARC 8430C, IAB 12/11/24, effective 1/15/25]

order containing a notice of hearing, delivery of the order will be by electronic notice through the electronic filing system, and to those persons who have been approved to receive paper documents, unless otherwise ordered. [ARC 8430C, IAB 12/11/24, effective 1/15/25] 199—7.9(17…

(intervention), 199—7.15(17A,476) (discovery), and 199—7.26(17A,476) (appeals from proposed decisions). An additional service requirement applicable to expedited proceedings is contained in subrule 7.4(5) (service of documents). c. A party may file a motion that proceedings be ex…

land to a condition as good as or better than provided for in this chapter. 9.2(3) Mitigation plans and agreements. Preparation of a separate land restoration plan may be waived by the commission where a pipeline company enters into an agricultural impact mitigation plan or simil…

9.1(1) Authority and purpose. The rules in this chapter are adopted by the Iowa utilities commission pursuant to the authority granted to the commission in Iowa Code sections 479.29 and 479B.20 to establish standards for the restoration of agricultural lands during and after pipe…

project shall recommend to the county board of supervisors that the pipeline project be considered complete upon completion of restoration of all affected agricultural lands and 70 percent growth is established in locations requiring seeding after receiving written notification b…

submitted as follows. 9.11(1) Document turnover. The county inspector shall submit to the county board of supervisors and the pipeline company copies of inspection reports; tile reports and maps; punch lists; notice of violation documents; decompaction agreements; separate agreem…

479B.20, a land restoration plan is required for any pipeline construction that requires a permit from the commission and for any proposed amendment to an existing permit that involves pipeline construction, relocation, or replacement. The land restoration plan shall be filed wit…

9.3(1) Timing. The commission will review the proposed land restoration plan, as established in rule 199—9.2(479,479B), at the same time it reviews the petition. Objections to the proposed plan may be filed as part of the permit proceeding. The pipeline company shall modify the p…

9.4(1) Easement staking. The pipeline company shall allow the county inspector and the landowner to be present during the staking of the easement. Written notice of the staking shall be provided to the landowner and the county inspector in the same manner as provided for in prope…

9.5(1) Topsoil survey. a. Prior to the removal of any topsoil, the pipeline company will conduct a topsoil survey to be performed under the supervision of a certified professional soil scientist across the full extent of the easement for any pipeline that requires a commission pe…

claims. 9.6(1) For each pipeline construction project subject to this chapter, the pipeline company shall designate a point of contact for inquiries or claims from affected persons. The designation shall include the name of an individual to contact and a toll-free telephone numbe…

for protecting or restoring property that are different from those contained in this chapter, or in a land restoration plan, which are contained in easements or other agreements independently executed by the pipeline company and the landowner. The alternative provision shall not …

9.8(1) Notice of violation. If the county inspector identifies a violation of the standards adopted in this chapter, Iowa Code section 479.29 or 479B.20, or a separate agreement between the pipeline company and the landowner, the county inspector shall give verbal notice, followe…

performance of their duties under Iowa Code sections 479.29 and 479B.20, including giving proper notice before staking, clearing, boring, topsoil removal and stockpiling, trenching, tile marking, silt screening, tile repair or backfilling, decompaction, cleanup, restoration, or t…

“Department” means the department of corrections. “Director” means the director of the department of corrections. “Plan of compliance” means a schedule of action to be followed in correcting statute or rule deficiencies cited by the department of corrections. “Public official” me…

904 and consists of a policy board, a director and areas of responsibility. The mission of the department of corrections is creating opportunities for safer communities. [ARC 3929C, IAB 8/1/18, effective 9/5/18; see Delay note at end of chapter; ARC 4152C, IAB 12/5/18, effective …

1.3(1) Central office. The central office for the department of corrections is located in the Jessie Parker State Office Building in the Capitol Complex in Des Moines. Its mailing address is the Department of Corrections, Jessie Parker State Office Building, 510 E. 12th Street, D…

[ARC 3929C, IAB 8/1/18, effective 9/5/18; see Delay note at end of chapter; ARC 6431C, IAB 7/27/22, effective 8/31/22]

submissions or reports. 1.5(1) Persons wishing to obtain information from or report information to the department may contact any of the offices listed in rule 201—1.3(904) or found on the department’s website. 1.5(2) Persons wishing to make submissions to the department may do s…

of the board of corrections. This seven-member board is appointed by the governor with confirmation by the senate, and its powers and duties are policymaking and advisory with respect to the services and programs operated by the department. 1.6(1) A quorum shall consist of two-th…

is responsible for the daily administration of the department as follows: 1.7(1) The appointment and qualifications of the director are mandated in Iowa Code section 904.107. 1.7(2) Duties of the director are prescribed in Iowa Code section 904.108. 1.7(3) The director shall have…

1.8(1) The deputy director of institutional operations is responsible for all institutions and facilities. These descriptions are in no way binding on the director’s authority to transfer incarcerated individuals between institutions. a. The deputy director of institutional opera…

adopt, amend or repeal a rule by publishing the text of the proposed change, or a summary of the issues and subject matter to be considered and the time, place and manner in which interested persons may comment upon the proposal, in the Iowa Administrative Bulletin. The notificat…

statements which relate only to inmates of a penal institution shall be exempted from the rule-making process as provided in Iowa Code section 17A.2(7)“k.” Policies and procedures governing activities of incarcerated inmates are located in the departmental manual and in instituti…

name and address with the department of corrections, may receive, by mail, copies of proposed rules. Registration of the association’s name and address with the department is accomplished by written notification to the Director of Corrections, Department of Corrections, 510 East …

section 17A.4(1)“b,” an opportunity for an oral presentation shall be scheduled. The request must be received at the department office within 20 days of the publication of the notice of intended action and must identify the proposed rule subject to the request by ARC number and b…

director or designee may obtain viewpoints or advice concerning proposed rule making through informal conferences or consultation as the director or designee may deem desirable.

publication of notice, the board shall meet to consider final action on the proposed rule. Once the proposed rule has been adopted by the board in final form, it shall be made effective pursuant to the provisions of Iowa Code section 17A.5.

of Iowa Code section 17A.4(1) and upon adoption of any proposed rule, the director shall prepare a statement of principal reasons for and against the proposed rule, containing the reasons for overruling considerations urged against the rule.