Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

1. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as in civil actions or by certified mail return receipt requested. However, an agency may provide by rule for the delivery of s…

1. Agencies have all subpoena powers conferred upon them by their enabling acts or other statutes. In addition, prior to the commencement of a contested case by the notice referred to in section 17A.12, subsection 1 , an agency having power to decide contested cases may subpoena …

In contested cases: 1. Irrelevant, immaterial, or unduly repetitious evidence should be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evi…

1. When the agency presides at the reception of the evidence in a contested case, the decision of the agency is a final decision. 2. When the agency did not preside at the reception of the evidence in a contested case, the presiding officer shall make a proposed decision. Finding…

1. A proposed or final decision or order in a contested case shall be in writing or stated in the record. A proposed or final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompan…

1. a. Unless required for the disposition of ex parte matters specifically authorized by statute, a presiding officer in a contested case shall not communicate directly or indirectly with any person or party in connection with any issue of fact or law in that contested case, exce…

1. When the grant, denial, or renewal of a license is required by Constitution or statute to be preceded by notice and opportunity for an evidentiary hearing, the provisions of this chapter concerning contested cases apply. 2. When a licensee has made timely and sufficient applic…

1. Notwithstanding any other provision of this chapter and to the extent consistent with the Constitution of the State of Iowa and of the United States, an agency may use emergency adjudicative proceedings in a situation involving an immediate danger to the public health, safety,…

Except as expressly provided otherwise by another statute referring to this chapter by name, the judicial review provisions of this chapter shall be the exclusive means by which a person or party who is aggrieved or adversely affected by agency action may seek judicial review of …

As used in this chapter : 1. “Agency” means each board, commission, department, officer, or other administrative office or unit of the state. “Agency” does not mean the general assembly or any of its components, the judicial branch or any of its components, the office of consumer…

An aggrieved or adversely affected party to the judicial review proceeding may obtain a review of any final judgment of the district court under this chapter by appeal. The appeal shall be taken as in other civil cases, although the appeal may be taken regardless of the amount in…

If it is determined by the attorney general that any provision of this chapter would cause denial of funds or services from the United States government which would otherwise be available to an agency of this state, or would otherwise be inconsistent with requirements of federal …

Agencies shall have all the authority necessary to comply with the requirements of this chapter through the adoption of rules or otherwise. [C75, 77, 79, 81, §17A.22 ] 2020 Acts, ch 1090, §11

1. Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those created or imposed by every other statute in existence on July 1, 1975,…

1. The administrative rules coordinator may adopt uniform rules on agency procedure that are suitable for general applicability to agencies. Such adoption and such rules shall be subject to this chapter . Such rules may address the subjects of agency procedures for rulemaking, pe…

1. In addition to other requirements imposed by Constitution or statute, each agency shall: a. Make available for public inspection all rules, and make available for public inspection and index by subject, all other written statements of law or policy, or interpretations formulat…

The administrative rules review committee shall review existing rules, as time permits, to determine if there are adverse or beneficial effects from these rules. The committee shall give a high priority to rules that are referred to it by small business as defined in section 17A.…

When a rule is proposed, the administrative rules coordinator shall make an initial determination of whether the rule may cause a service or product to be offered for sale to the public by a state agency that competes with private enterprise. If such a service or product may be o…

1. Prior to the adoption, amendment, or repeal of any rule an agency shall: a. Give notice of its intended action by submitting the notice to the administrative rules coordinator and the administrative code editor. The administrative rules coordinator shall assign an ARC number t…

1. An agency shall issue a regulatory analysis of a proposed rule that complies with subsection 2 , paragraphs “a” and “b” , prior to submitting a notice of intended action to the administrative rules coordinator and the administrative code editor pursuant to section 17A.4, subse…

1. a. “Benefit” means the reasonably identifiable and quantifiable positive effect or outcome that is expected to result from implementation of a rule. b. “Cost” means reasonably identifiable, significant, direct or indirect, economic impact that is expected to result from implem…

1. Each agency shall file each rule adopted by the agency with the office of the administrative rules coordinator and provide an exact copy to the administrative code editor. The administrative rules coordinator shall assign an ARC number to each rulemaking document. The administ…

1. For purposes of subsections 3 through 6 , unless the context otherwise requires: a. “Adopt by reference” or “adoption by reference” means incorporating the text of a cited publication, or a part thereof, into a rule without including the text of the publication in the rule. b.…

1. Subject to the direction of the administrative rules coordinator, each agency shall make available to the public a uniform, searchable, and user-friendly rules database, published on an internet site. 2. An agency’s rulemaking internet site shall also make available to the pub…

1. The department of management shall establish and maintain a user-friendly state services fee database and internet site for use by the public. Each agency shall make available through the internet site the current fees, rates, and charges imposed by the agency on the public. 2…

When an agency establishes the amount of a license fee, application fee, or other fee, including any subsequent increase or decrease in the amount, the amount shall be specified in a notice of intended action and a rule adopted by the agency. This section does not apply when the …

1. An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within sixty days after submission of a petit…

1. There is created the “Administrative Rules Review Committee.” The committee shall be bipartisan and shall be composed of the following members: a. Three senators appointed by the majority leader of the senate and two senators appointed by the minority leader of the senate. b. …

1. a. Any person may petition an agency for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the agency. b. (1) An agency shall issue a declaratory order in response to a petition for that order…

1. Any person may petition an agency for a waiver from the requirements of a rule, pursuant to the requirements of this section , if the agency has established by rule an application, evaluation, and issuance procedure permitting waivers. An agency shall not grant a petition for …