Iowa Administrative Code

[ARC 9299B, IAB 12/29/10, effective 1/1/11; ARC 9400B, IAB 3/9/11, effective 4/13/11; ARC 6861C, IAB 2/8/23, effective 3/15/23]

made with the division prior to the hearing. Either request must be in writing or secured on the record. 11.9(1) Withdrawals. An applicant or permittee who requested a contested case proceeding may request a withdrawal of the appeal. Upon receipt of a request for withdrawal of th…

impartiality of the administrative judiciary and shall avoid impropriety and the appearance of impropriety. 15.1(1) Compliance with the law. A presiding officer shall comply with the law, including the Iowa Code of Administrative Judicial Conduct, hereafter referred to as “this C…

competently, and diligently. 15.2(1) Giving precedence to administrative judicial duties. The administrative judicial duties, as prescribed by law, shall take precedence over all of a presiding officer’s personal and extrajudicial activities. 15.2(2) Impartiality and fairness. A …

personal and extrajudicial activities to minimize the risk of conflict with administrative judicial obligations. 15.3(1) Extrajudicial activities in general. An administrative law judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, whe…

that is inconsistent with the independence, integrity, or impartiality of the administrative judiciary. 15.4(1) Political and campaign activities of administrative law judges. a. Except as permitted by law, an administrative law judge shall not: (1) Act as a leader in, or hold an…

15.5(1) Scope. a. The Iowa Code of Administrative Judicial Conduct consists of four canons, each of which is codified as the introductory paragraph of an administrative rule, and numbered rules under each canon, which are codified as subrules. Subrule 15.5(3) establishes when the…

administrative hearings’ administrative electronic document management system (AEDMS). To the extent the rules in this chapter are inconsistent with any other administrative rule of the division, the rules in this chapter shall govern. Pursuant to Iowa Code section 10A.802, these…

16.10(1) Case initiation. A case may be initiated by an agency or governmental entity via AEDMS by the electronic filing of a transmittal form pursuant to rule 481—10.4(10A). 16.10(2) Filings by registered user. To the extent another party to the case is not a registered user, th…

“AEDMS” means the administrative electronic document management system, the division’s electronic filing and case management system. “Agency record” means for all cases the electronic files maintained in AEDMS, filings the division maintains in paper form, and exhibits and other …

16.3(1) Registration. a. Registration. Every individual filing documents or viewing or downloading filed documents in the AEDMS must register as a registered user of AEDMS. b. Changes in registered user’s contact information. If a registered user’s email address, mailing address,…

16.4(1) Electronic filing not mandatory. Registration and filing through AEDMS, although encouraged, is not mandatory, and the division shall still accept the traditional filing of paper or other electronic documents as set forth in 481—paragraph 10.12(3)“a.” 16.4(2) What constit…

16.5(1) Conversion of paper or other electronic documents filed. When a party files a document other than through AEDMS, the division will convert the filed documents to an electronic format viewable to registered users of AEDMS. The original of converted documents need not be re…

16.6(1) Date of filing. An electronic filing may be made any day of the week, including holidays and weekends, and any time of the day AEDMS is available. 16.6(2) Time of filing. A document is timely filed if it is filed before midnight on the date the filing is due. 16.6(3) Reje…

16.7(1) Registered user. A username and password accompanied by a digitized, electronic, or nonelectronic signature shall serve as the registered user’s signature on all electronically filed documents. 16.7(2) Format. Any AEDMS filing requiring a signature must be signed with eit…

16.8(1) Responsibilities of filers generally. a. It is the responsibility of the filer to ensure that a confidential document is certified as confidential. b. It is the responsibility of the filer to ensure that protected information is omitted or redacted from documents before t…

16.9(1) Format. All documents must be converted to a PDF before they are filed in AEDMS. Documents submitted must be properly scanned, which includes having the pages in the correct order and orientation and having the scanned content of the document be legible. 16.9(2) Separatin…

department or specific division, board, or commission within the department where the petition is directed, as applicable”. In lieu of the words “(AGENCY NAME)”, insert the department or specific division, board, or commission within the department where the petition is directed.…

department or applicable division, board, or commission as provided on the department’s website. [ARC 7806C, IAB 4/17/24, effective 5/22/24] These rules are intended to implement Iowa Code section 17A.7. [Filed emergency 7/1/86—published 7/16/86, effective 7/1/86] [Filed 2/6/87, …

203.1(1) Each employer shall post and keep posted a notice or notices informing employees of the protections and obligations provided for in the Act, and that for assistance and information, including copies of the Act and of specific safety and health standards, employees should…

employees concerning matters of occupational safety and health to the extent that the compliance safety and health officers deem necessary for the conduct of an effective and thorough inspection. During the course of an inspection, any employee shall be afforded an opportunity to…

203.11(1) The civil penalties proposed by the labor commissioner on or after June 1, 2025, are as follows: a. Willful violation. The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $11,823 and shall not exceed $165,514. b. Repeated viola…

representative of employees, the labor commissioner or the commissioner’s designee may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest. The settlement of any issu…

203.13(1) An employer may file a petition for modification of abatement date when the employer has made a good faith effort to comply with the abatement requirements of a citation, but such abatement has not been completed because of factors beyond its reasonable control. 203.13(…

203.19(1) Scope and application. This rule applies to employers who receive a citation for a violation of the Iowa occupational safety and health Act. 203.19(2) Definitions. “Abatement” means action by an employer to comply with a cited standard or regulation or to eliminate a re…

203.2(1) Upon a refusal to permit a compliance safety and health officer, in the exercise of official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect, to review records or to question any employer, owner, operator, a…

203.20(1) No citation may be issued to an employer because of a rescue activity undertaken by an employee of that employer with respect to an individual in imminent danger unless: a. The employee is designated or assigned by the employer to have responsibility to perform or assis…

203.22(1) Training format. The employer may present the training program to the employee in any format; however, the employer shall preserve a written summary and synopsis of the training, a recording of an oral presentation, or a video recording of an audio-video presentation of…

be applicable to the terms when used in this chapter. As used in this chapter unless the context clearly requires otherwise: “Act” means the Iowa occupational safety and health Act of 1972, Iowa Code chapter 88. “Compliance safety and health officer” means a person authorized by …

person shall not imply or be conditioned upon a waiver of any cause of action, citation or penalty under the Act. Compliance safety and health officers are not authorized to grant any such waiver. This rule is intended to implement Iowa Code section 88.6(1). [ARC 8112C, IAB 7/10/…

203.4(1) Advance notice of inspections may not be given, except in the following situations: a. In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible; b. In circumstances where the inspection can most effectively be conducted afte…

203.5(1) At the beginning of an inspection, compliance safety and health officers shall present their credentials to the owner, operator or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection a…

203.6(1) Compliance safety and health officers shall be in charge of inspections and questioning of persons. A representative of the employer and a representative authorized by employees shall be given an opportunity to accompany the compliance safety and health officer during th…

203.7(1) Any employee or representative of employees who believes that a violation of the Act exists in any workplace where the employee is employed may request an inspection of the workplace by giving notice of the alleged violation to the commissioner or a designee. Any such no…

203.8(1) At the commencement of an inspection, the employer may identify areas in the establishment that contain or that might reveal trade or governmental secrets. If the compliance safety and health officer has no clear reason to question such identification, information obtain…

concludes on the basis of an inspection that conditions or practices exist in any place of employment that could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures …

[ARC 8113C, IAB 7/10/24, effective 6/19/24; Editorial change: IAC Supplement 7/9/25]

be a report to the division of labor services. The division of workers’ compensation will forward all reports to the division of labor services. [ARC 8113C, IAB 7/10/24, effective 6/19/24; Editorial change: IAC Supplement 7/9/25]

Occupational Safety and Health Administration (OSHA) regulations at 29 CFR 1904.0 through 1904.46 as published at 66 Fed. Reg. 6122 through 6135 (January 19, 2001) are adopted. 204.3(1) The following amendments to 29 CFR 1904.0 through 1904.46 are adopted: a. 66 Fed. Reg. 52031-5…

proceedings to grant variances and other relief under Iowa Code sections 17A.9A, 88.5(3), 88.5(6), and 88.5(7). [ARC 8432C, IAB 12/11/24, effective 1/15/25; Editorial change: IAC Supplement 7/9/25]

205.10(1) An affected employer or an affected employee may apply in writing to the commissioner for a modification or revocation of a rule or order issued under Iowa Code section 88.5(3), 88.5(6), or 88.5(7). The application contains: a. The name and address of the applicant; b. …

205.9(1), or 205.10(1) does not conform to the applicable rule, the commissioner may deny the application. Prompt notice of the denial of an application will be given to the applicant and will include, or be accompanied by, a brief statement of the grounds for the denial. A denia…

205.12(1) Request for hearing. Within the time allowed by a notice of the filing of an application, any affected employer or employee may file with the commissioner a request for a hearing on the application. 205.12(2) Contents of a request for a hearing. A request for a hearing …

consolidate or contemporaneously consider two or more proceedings that involve the same or closely related issues. [ARC 8432C, IAB 12/11/24, effective 1/15/25; Editorial change: IAC Supplement 7/9/25]

205.14(1) Contents. A notice of hearing includes: a. The time, place, and nature of the hearing; b. The legal authority under which the hearing is to be held; and c. A specification of issues of fact and law. 205.14(2) Reserved. [ARC 8432C, IAB 12/11/24, effective 1/15/25; Editor…

delivery of, or by mailing, a copy of the document to the last-known address of the party. The person serving the document certifies the manner and the date of the service. [ARC 8432C, IAB 12/11/24, effective 1/15/25; Editorial change: IAC Supplement 7/9/25]

205.16(1) Powers. The commissioner or the commissioner’s designee presides over the hearing and has all powers necessary or appropriate to conduct a fair, full, and impartial hearing. 205.16(2) Private consultation. Except to the extent required for the disposition of ex parte ma…

205.17(1) Convening conference. Upon the commissioner’s own motion or the motion of a party, the commissioner or the commissioner’s designee may direct the parties or the parties’ counsel to meet with the commissioner for a conference to consider: a. Simplification of the issues;…