Iowa Administrative Code

requests, are to be addressed to the Elevator Safety Board, Department of Inspections, Appeals, and Licensing, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321. [ARC 8771C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25] These rules are intended to impl…

the board may, in its sole discretion, issue an order waiving, in whole or in part, the requirements of a rule as applied to an identified person on the basis of the particular circumstances of that person if the board finds, based on clear and convincing evidence, all of the fol…

petition shall be submitted by the board staff to the legislative services agency within 60 days of granting or denying the petition. [ARC 8770C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

may be withdrawn, canceled, or modified if, after appropriate notice and review, the board issues an order finding any of the following: 366.11(1) The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propri…

of the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this rule 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. [ARC 8770C, IAB 1/8/25, effective 2/…

petition may be taken in accordance with Iowa Code chapter 17A. [ARC 8770C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25] These rules are intended to implement Iowa Code chapters 17A, 22, and 89A. [Filed 6/16/06, Notice 5/10/06—published 7/5/06, effectiv…

as follows: 366.2(1) Contested cases. If the petition relates to a pending contested case, the petition shall be filed in the contested case proceeding, using the caption of the contested case. 366.2(2) Other. If the petition does not relate to a pending contested case, the petit…

department’s website. A petition for waiver includes the following information where applicable and known to the petitioner: 366.3(1) The name, address, and telephone number of the entity or person for whom a waiver is being requested; the case number of or other reference to any…

board may request additional information from the petitioner. [ARC 8770C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

board shall ensure that notice of the pending petition has been provided to all persons to whom notice is required by any provision of law within 30 days of the receipt of the petition. In addition, the board may give notice to other persons. To accomplish this notice provision, …

366.6(1) Petitions for waiver will normally be heard at the next scheduled board meeting following timely submission of the petition. 366.6(2) The petitioner will be provided a reasonable opportunity to make a presentation to the board. [ARC 8770C, IAB 1/8/25, effective 2/12/25; …

17A.18A regarding contested case hearings apply to any petition for a waiver filed within a contested case and otherwise apply to board proceedings for a waiver only when the board so provides by order or is required to do so by statute. [ARC 8770C, IAB 1/8/25, effective 2/12/25;…

particular person or legal entity 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 and duration of the waiver if one is issued. 366.8(1) Burden of persuasi…

indexed, filed, and available for public inspection as provided in Iowa Code section 17A.3. [ARC 8770C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

equipment subject to a written inspection report may petition the director for reconsideration of the report within 30 days of the issuance of the report. Failure to seek timely reconsideration of the inspection report is a waiver of all appeal rights. The burden of demonstrating…

367.10(1) Service—when required. Except where otherwise provided by law, every document filed in a contested case proceeding shall be served upon each of the parties of record. Except for the original notice of hearing and an application for rehearing as provided in Iowa Code sec…

367.11(1) Time is computed as provided in Iowa Code section 4.1(34). 367.11(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 the t…

contested case proceeding may waive any provision of this chapter. However, the board in its discretion may refuse to give effect to such a waiver when the board deems the waiver to be inconsistent with the public interest. [ARC 8772C, IAB 1/8/25, effective 2/12/25; Editorial cha…

officer’s own motion or as requested by a party, order hearings or argument to be held by telephone conference or other electronic means in which all parties have an opportunity to participate. The presiding officer will determine the location of the parties and witnesses for tel…

367.14(1) A presiding officer or other person shall withdraw from participation in the making of any proposed or final decision in a contested case if that person: a. Has a personal bias or prejudice concerning a party or a representative of a party; b. Has personally investigate…

367.15(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 consideratio…

367.16(1) Pursuant to Iowa Code chapter 17A, 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 are as provided in the I…

board or the presiding officer acting on behalf of the board has the authority to issue subpoenas to compel the attendance of witnesses at depositions or hearings and to compel the production of professional records, books, papers, correspondence and other records that are deemed…

367.18(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. 367.18(2) Any party may file a written response to a motion within ten days after the motion is served unless the time p…

settlements are encouraged. Settlement negotiations may be initiated at any stage of a contested case by any party. All settlements are subject to approval by a majority of the board. No settlement shall be presented to the board for approval except in final, written form execute…

367.2(1) A decision by the director to deny, suspend, or revoke an operating permit; a deemed denial of a petition for reconsideration; and the director’s ruling on a petition for reconsideration are subject to appeal to the board. 367.2(2) An appeal to the board is a contested c…

367.20(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 sch…

to the presiding officer. 367.21(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 …

request prior to the hearing. Unless otherwise provided, a withdrawal is with prejudice. [ARC 8772C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

367.23(1) The presiding officer has the authority to administer oaths, to admit or exclude testimony or other evidence, and to rule on all motions and objections. 367.23(2) All objections shall be timely made and stated on the record. 367.23(3) Parties have the right to participa…

367.24(1) The presiding officer rules on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. 367.24(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on sti…

367.25(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 re…

367.26(1) Upon written request of a party or on its own motion, the board may review an interlocutory order of the administrative law judge. In determining whether to do so, the board shall weigh the extent to which its granting the interlocutory appeal would expedite final resol…

367.27(1) Proposed decision. Decisions issued by a panel of less than a quorum of the board or by an administrative law judge are proposed decisions. A proposed decision issued by a panel of the board or an administrative law judge becomes a final decision if not timely appealed …

material fact 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 eviden…

367.29(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 367.29(2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief …

board may conduct an informal review of the facts and circumstances subject to the provisions of this rule. 367.3(1) In order to preserve the ability of board members to participate in decision making, a party who elects an informal review under this rule waives the party’s right…

367.30(1) When available. a. Any party to a contested case proceeding may petition the board for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the board. The petition shall be filed with the notice of appeal and state the reasons …

accordance with the terms of Iowa Code chapter 17A. [ARC 8772C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25] These rules are intended to implement Iowa Code chapters 17A and 89A. [Filed 6/16/06, Notice 5/10/06—published 7/5/06, effective 8/9/06] [Filed …

commencement of a contested case proceeding. Delivery may be executed by regular mail. The notice shall be delivered to the appellant; the appellant’s attorney, if known; and the director. [ARC 8772C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

place, and nature of the hearing. The notice shall contain a short and plain statement of the matters asserted. If the board is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereaf…

hearing, the director shall forward to each board member and all parties of record to the appeal copies of the applicable documents set forth below: 1. Inspection report, 2. Petition for reconsideration with the appellant’s attachments, 3. Documents obtained by the director in ru…

representation at the discretion and expense of that party. [ARC 8772C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

367.9(1) The presiding officer in all contested cases is the board, a panel of board members, or an administrative law judge assigned by the department of inspections, appeals, and licensing. When board members act as presiding officer, they shall conduct the hearing and issue ei…

no litter nor accumulation of refuse anywhere on the premises. The floors, walls, and ceilings shall be kept clean and in good repair. 37.1(1) Screens, self-closing doors or other effective methods shall be used to keep flies, mosquitoes and other pests out of hotel lobbies, kitc…

37.10(1) The department may suspend or revoke the license of a license holder who conducts an activity constituting a criminal offense as set forth in Iowa Code section 137C.10(3). 37.10(2) A certified copy of the final order or judgment of conviction or plea of guilty is conclus…

shall provide ventilation in guest rooms with windows or mechanical devices. The furniture, drapes and accessories shall be kept clean and in good repair. [ARC 0061D, IAB 2/4/26, effective 3/11/26]

good repair. 37.3(1) There shall be an under sheet and top sheet that are large enough to cover the mattress for every bed. Pillows shall have pillow slips. 37.3(2) Each guest shall be furnished clean sheets and pillow slips. 37.3(3) All other bedding shall be aired between guest…

room, except for bed and breakfast inns. 37.4(1) Each guest room shall be equipped with hot and cold running water fixtures. The floors shall be nonabsorbent and impermeable so they can be washed with water. 37.4(2) Lavatory rooms shall be well-lighted and vented to the outside o…