Iowa Administrative Code

the legal counsel for the Department of Administrative Services, Hoover State Office Building, Third Floor, Des Moines, Iowa 50319. [ARC 4053C, IAB 10/10/18, effective 11/14/18]

8.6(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 …

schedule a brief and informal meeting between the original petitioner, all intervenors, and the department to discuss the questions raised. The department of administrative services may solicit comments from any person on the questions raised. Also, comments on the questions rais…

8.8(1) Within the time allowed by Iowa Code section 17A.9(5), after receipt of a petition for a declaratory order, the department director or designee shall take action on the petition as required by Iowa Code section 17A.9(5). 8.8(2) The date of issuance of an order or of a refu…

8.9(1) The department 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: a. The petition does not substantially comply with the required form. b…

“Department” or “DAS” means the department of administrative services authorized by Iowa Code chapter 8A. “Director” means the director of the department of administrative services or the director’s designee. “Person” means an individual, corporation, limited liability company, g…

reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope (including any conditions) and duration of the waiver if one is issued.…

filed, and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying a waiver petition are public records under Iowa Code chapter 22. Some petitions or orders may contain information the department is authorized …

grant waivers from the following rules: 1. Rules regarding the taxability of pension, tax-sheltered annuity, deferred compensation, or health and dependent care benefits under the Internal Revenue Code or the Iowa Code and rules adopted thereunder. 2. Rules governing separations,…

the director shall make a submission on the Internet site established pursuant to Iowa Code section 17A.9A for the submission of waiver information. The submission shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or …

be withdrawn, canceled, or modified if, after appropriate notice and hearing, the director issues an order finding any of the following: 1. The petitioner or the person who was the subject of the waiver order withheld or misrepresented the material facts relevant to the propriety…

the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.

within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.

petition may be taken in accordance with Iowa Code chapter 17A. These rules are intended to implement Iowa Code chapter 8A and section 17A.9A. [Filed 12/17/03, Notice 11/12/03—published 1/7/04, effective 2/11/04] [Filed 10/22/04, Notice 9/15/04—published 11/10/04, effective 12/15…

granting of individual waivers from rules adopted by the department in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific …

9.3(1) Department authority. The department may grant a waiver from a rule only if the department has jurisdiction over the rule from which waiver is requested or has final decision-making authority over a contested case in which a waiver is requested and the requested waiver is …

11—9.6(17A,8A), the director may, in the director’s sole discretion, issue an order waiving in whole or in part the requirements of a rule. 9.4(1) Criteria for waiver. A waiver may be granted if the director finds based on clear and convincing evidence each of the following: a. T…

requesting a waiver, in whole or in part, of a rule of the department on the ground that the application of the rule to the particular circumstances of that person would qualify for a waiver. A petition for a waiver must be submitted in writing to the Iowa Department of Administr…

applicable and known to the requester: 1. The name, address, and telephone number of the entity or person for whom a waiver is being requested, and the case number of any related pending appeal or contested case. 2. A description and citation of the specific rule (and the stated …

department may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in conjunction with an appeal, the director may, on the director’s own motion or at the petitioner’s request, schedule a telepho…

reasonably calculated to reach the petitioner or designee. The department shall ensure that, within 30 days of the receipt of the petition, notice and a concise summary of the content of the petition have been provided to all persons to whom notice is required by any provision of…

regarding contested case hearings shall apply in three situations: (1) to any petition for a waiver of rule filed within a contested case; (2) when the director so provides by rule or order; or (3) when a statute so requires. Prior to issuing an order granting or denying a propos…

1.1(1) “Department” means the department of agriculture and land stewardship. 1.1(2) “Secretary” means the secretary of agriculture who is the head of the department. 1.1(3) The deputy secretary of agriculture advises the secretary and has the statutory authority to perform any o…

subrule 1.1(4), the director of the consumer protection and industry services division advises the secretary of activities and any impending or potential problems that have come to the attention of the division’s personnel. The bureaus and laboratories under the supervision of th…

the administration division, who is the deputy secretary of agriculture, assists the secretary in the preparation and presentation of the department’s budget to the governor and the general assembly. The division provides personnel services and works with the secretary and other …

the soil conservation division advises the secretary on soil and water conservation matters and works with the state soil conservation committee in the adoption of rules relating to soil conservation, water resources, and mining. The division performs duties as designated in the …

director of the food safety and animal health division advises the secretary of activities and any impending or potential problems that have come to the attention of the division’s personnel. The bureaus and laboratories under the supervision of the food safety and animal health …

to encourage production of the renewable fuel and coproduct industry of Iowa by providing specific funding for technical assistance to any person who is located in Iowa or desiring to locate in Iowa.

“Coordinator” means the administrative head of the office of renewable fuels and coproducts appointed by the secretary of agriculture as provided in Iowa Code section 159A.3. “Coproduct” means a product other than a renewable fuel which at least in part is derived from the proces…

interested in developing renewable fuel or coproduct industries in the state of Iowa. 12.3(1) A person applying for assistance must satisfy the following requirements: a. Applicant must be interested in developing a value-added industry located in Iowa by: (1) Producing a product…

exposed for sale or sold at retail containing over 1 percent ethanol by volume shall be identified with a decal located on front of the motor vehicle fuel pump and placed between 30″ and 50″ above the driveway level or in an alternative location approved by the department. The ap…

in Iowa Code section 159A.11 apply to this chapter. The following definitions also apply: “Agreement” means the cost-share agreement executed by the department after approval of the grant by the board. “Applicant” means a person, as defined in this rule, who owns or operates a si…

and convert infrastructure to store, blend, and dispense renewable fuels at a retail motor fuel site. [ARC 8742C, IAB 1/8/25, effective 2/12/25]

an applicant shall: 13.11(1) Be an owner or operator of a retail motor fuel site. 13.11(2) Submit an application to the department in form and content acceptable to the department and the board. 13.11(3) Meet the following eligibility requirements established by the board: a. The…

DIVISION IV RENEWABLE FUEL INFRASTRUCTURE PROGRAM FOR BIODIESEL TERMINALS

terminal grants is to provide grants to a terminal facility which stores, blends, or distributes biodiesel fuel, including B2 through B98 and B99/B100, to dealers and retailers. [ARC 8742C, IAB 1/8/25, effective 2/12/25]

shall: 13.16(1) Be an owner or operator of a biodiesel terminal. 13.16(2) Submit an application to the department in form and content acceptable to the department and the board. 13.16(3) Meet the following eligibility requirements established by the board: a. The terminal must no…

DIVISION V RENEWABLE FUEL INFRASTRUCTURE PROGRAM ADMINISTRATION

13.2(1) Duties. The board exists to make awards for renewable fuel infrastructure programs and perform other functions as necessary. 13.2(2) Staff. Staff assistance is provided through the department. The department will market the renewable fuel infrastructure program throughout…

13.20(1) Form of award. Eligible applicants may apply for financial incentives on a cost-share basis. Funding is available in the form of a grant. 13.20(2) Timing of application. A grant may be awarded for an eligible project not yet commenced. However, a grant for an initial app…

13.21(1) Application procedures. a. Applications may be submitted at any time, but will be reviewed on a first-come, first-served basis as established by the date stamp on the filed application. b. Applications are to be submitted to: Renewable Fuel Infrastructure Board, Iowa Dep…

13.22(1) The renewable fuel infrastructure board will review an application for final approval or disapproval. The renewable fuel infrastructure board will determine the amount of financial incentives to be awarded to an applicant. 13.22(2) Completed applications, including suppo…

13.23(1) Notice of award. The department will notify approved applicants in writing of the board’s award of grants, including any conditions and terms of the approval. 13.23(2) Contract required. The board will direct the department to prepare a cost-share agreement that includes…

DIVISION III RENEWABLE FUEL INFRASTRUCTURE PROGRAM FOR RETAIL MOTOR FUEL SITES

agriculture and land stewardship”.

2.12(3) In lieu of the words “(specify office and address)” insert “Secretary’s Office, Department of Agriculture and Land Stewardship, Wallace State Office Building, East Ninth and Grand, Des Moines, Iowa.” In lieu of the words “(agency name)” insert “department”. 2.12(4) In lie…

2.15(4) Delete the words “(or other time period designated by the agency)”. 2.15(5) In lieu of the words “(45 days)” insert “45 days”. In lieu of the words “(15 days)” insert “15 days”. In lieu of the words “(20 days)” insert “20 days”.

2.16(1) Delete the words “(or other time period designated by the agency)”. In lieu of the words “(designate office)” insert “presiding officer”.

2.17(1) Delete the words “(or other time period designated by the agency)”.

“Department” means the department of agriculture and land stewardship. “Secretary” means the Iowa secretary of agriculture. In lieu of the words “(designate official)” insert “person designated by the secretary to preside over a contested case including, but not limited to, an ad…