Iowa Administrative Code

11.15(1) Grounds. The agency 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 s…

11.16(1) Compilation, indexing, public inspection. The agency 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 section 17A.2(10)“a,” “c,” “f,” “g,” “h,” “k.” Eac…

11.17(1) Any interested person, association, agency, or political subdivision may submit a written request to the administrative rules coordinator requesting the agency to conduct a formal review of a specified rule. Upon approval of that request by the administrative rules coord…

seeking information by other methods, the agency 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 agency by causing notice to be published in the Iowa Ad…

11.3(1) Docket maintained. The agency shall maintain a current public rule-making docket. 11.3(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…

11.4(1) Contents. At least 35 days before the adoption of a rule the agency 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 s…

11.5(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 submitt…

11.6(1) Definition of small business. A “small business” is defined in 1998 Iowa Acts, chapter 1202, section 10(7). 11.6(2) Mailing list. Small businesses or organizations of small businesses may be registered on the agency’s small business impact list by making a written applica…

11.7(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 …

11.8(1) Time of adoption. The agency 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 agency …

11.9(1) The agency 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…

television for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of Iowa Public Television at 6450 Corporate Drive, Johnston, Iowa 50131. A petition is deemed filed when it is received by that offic…

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.

effect as a final order issued in a contested case proceeding. It is binding on Iowa public television, 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 tho…

public television shall give notice of the petition to all persons not served by the petitioner pursuant to 12.6(17A) to whom notice is required by any provision of law. Iowa public television may also give notice to any other persons.

12.3(1) Any person who qualifies under any applicable provision of law as an intervenor and who files a petition for intervention within 15 days of the filing of a petition for declaratory order (after time for notice under 12.2(17A) and before 30-day time for agency action under…

Iowa public television may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.

to the Executive Director, Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131.

12.6(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…

and informal meeting between the original petitioner, all intervenors, and Iowa public television, a member of Iowa public television, or a member of the staff of Iowa public television, to discuss the questions raised. Iowa public television may solicit comments from any person …

12.8(1) Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a petition for a declaratory order, the executive director or designee shall take action on the petition as required by 1998 Iowa Acts, chapter 1202, section 13(5). 12.8(2) The date o…

12.9(1) Iowa public television shall not issue a declaratory order where prohibited by 1998 Iowa Acts, chapter 1202, section 13(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…

Iowa public television.

13.10(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 considerati…

13.11(1) Pleadings may be required by rule, by the notice of hearing, or by order of the presiding officer. 13.11(2) Petition. a. Any petition required in a contested case proceeding shall be filed within 20 days of delivery of the notice of hearing or subsequent order of the pre…

13.12(1) When service required. Except where otherwise provided by law, every pleading, motion, document, or other paper filed in a contested case proceeding and every paper relating to discovery in such a proceeding shall be served upon each of the parties of record to the proce…

13.13(1) Discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the presiding officer, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure. 1…

13.14(1) Issuance. a. An agency subpoena shall be issued to a party on request. Such a request must be in writing. In the absence of good cause for permitting later action, a request for a subpoena must be received at least three days before the scheduled hearing. The request sha…

13.15(1) No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought. 13.15(2) Any party may file a written response to a motion within ten days after the motion is served, unless the time pe…

13.16(1) Any party may request a prehearing conference. A written request for prehearing conference or an order for prehearing conference on the presiding officer’s own motion shall be filed not less than seven days prior to the hearing date. A prehearing conference shall be sche…

to the presiding officer. 13.17(1) A written application for a continuance shall: a. Be made at the earliest possible time and no less than seven days before the hearing except in case of unanticipated emergencies; b. State the specific reasons for the request; and c. Be signed b…

prior to the hearing only in accordance with agency rules. Unless otherwise provided, a withdrawal shall be with prejudice.

13.19(1) Motion. 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 intervenor, and the possible impact of intervention on the proceeding. A proposed answer or petition in…

“Contested case” means a proceeding defined by Iowa Code section 17A.2(5) and includes any matter defined as a no factual dispute contested case under 1998 Iowa Acts, chapter 1202, section 14. “Issuance” means the date of mailing of a decision or order or date of delivery if serv…

13.20(1) The presiding officer presides at the hearing, and may rule on motions, require briefs, issue a proposed decision, and issue such orders and rulings as will ensure the orderly conduct of the proceedings. 13.20(2) All objections shall be timely made and stated on the reco…

13.21(1) The presiding officer shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. 13.21(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on …

13.22(1) If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party. 13.22…

13.23(1) Prohibited communications. Unless required for the disposition of ex parte matters specifically authorized by statute, following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between the presiding officer and any party or rep…

or any 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…

may review an interlocutory order of the executive director. In determining whether to do so, the 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 order by …

13.26(1) When Iowa public television presides over the reception of evidence at the hearing, its decision is a final decision. 13.26(2) When Iowa public television does not preside at the reception of evidence, the presiding officer shall make a proposed decision. The proposed de…

13.27(1) Appeal by party. Any adversely affected party may appeal a proposed decision to the board within 30 days after issuance of the proposed decision. 13.27(2) Review. The board may initiate review of a proposed decision on its own motion at any time within 30 days following …

13.28(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 13.28(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…

13.29(1) When available. a. Any party to a contested case proceeding may petition Iowa public television for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the agency. The petition shall be filed with the notice of appeal and shall…

13.3(1) Time shall be computed as provided in Iowa Code subsection 4.1(34). 13.3(2) For good cause, the presiding officer may extend or shorten the time to take any action, except as precluded by statute. Except for good cause stated in the record, before extending or shortening …

exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary hearing…

13.31(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 agency may issue a written order in compliance with Iowa Code section …

contested case proceeding shall file a written request for such a proceeding within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the agency action in question. The request for a contested…

13.5(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. First-class …