§ 458A.11 — Rules covering practice before department

Iowa § 458A.11

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 458A: OIL, GAS, AND OTHER MINERALS

Text

1. The department shall prescribe rules governing the practice and procedure before it.
2. An order or amendment of an order, except in an emergency, shall not be made by the
department without a public hearing upon at least ten days’ notice. The public hearing shall
be held at the time and place prescribed by the department, and any interested person is
entitled to be heard. The applicable time frames for the issuance and appeal of the order are
defined in section 455B.110.
3. When an emergency requiring immediate action is found to exist the department
may issue an emergency order without notice of hearing, which shall be effective upon
promulgation. An emergency order shall not remain effective for more than fifteen days.
4. Any notice required by this chapter shall be given at the election of the department
either by personal service or by letter to the last recorded address and one publication in
a newspaper of general circulation in the state capital city and in a newspaper of general
circulation in the county where the land affected or some part of the land is situated. The
notice shall issue in the name of the state, shall be signed by the director, shall specify the
style and number of the proceeding and the time and place of the hearing, and shall briefly
state the purpose of the proceeding. Should the department elect to give notice by personal
service, the service may be made by any officer authorized to serve process, or by any agent
7 OIL, GAS, AND OTHER MINERALS, §458A.14
of the department, in the same manner as is provided by law for the service of original notices
in civil actions in the district court of the state. Proof of the service by such agent shall be by
the affidavit of the person making personal service.
5. All orders issued by the department shall be in writing, shall be entered in full and
indexed in books to be kept by the director for that purpose, and shall be public records open
for inspection at all times during reasonable office hours. A copy of any rule or order certified
by the director or any officer of the department shall be received in evidence in all courts of
this state with the same effect as the original.
6. The department may act upon its own motion, or upon the petition of any interested
person. On the filing of a petition concerning any matter within the jurisdiction of the
department, the department shall promptly fix a date for a hearing and shall cause notice of
the hearing to be given. The hearing shall be held without undue delay after the filing of the
petition. The department shall enter its order within thirty days after the hearing.

Legislative History

[C66, 71, 73, 75, 77, 79, 81, §84.11; 82 Acts, ch 1199, §46, 96]