Iowa Admin. Code r. 199-24.8 - Hearing procedure
(1)
General. The proceedings conducted by the commission pursuant
to this chapter shall be treated in the same manner as a contested case
pursuant to the provisions of Iowa Code chapter 17A. Except where contrary to
express provisions below, the hearing procedure shall conform to the
commission's rules of practice and procedure, 199-Chapter 7. The proceeding for
the issuance of certificate may be consolidated with the contested case
proceeding for determination of applicable ratemaking principles under Iowa
Code section 476.53. All filings shall be
made electronically unless otherwise permitted by the commission.
(2)
Intervention.
a.
Notice of intervention.
An agency not receiving notice pursuant to 24.6(2)"b" may
become a party to the contested case proceeding by filing a notice of
intervention. Such notice shall contain a statement of the jurisdiction or
interest of the particular agency with respect to the proposed
facility.
b.
Petition to
intervene. Any other person wishing to become a party to the contested
case proceeding may request to intervene in the proceeding by petition to
intervene filed at least 30 days prior to the date of the scheduled hearing,
but not afterward except for good cause shown. Such application shall specify
the issues in which petitioner may contest before a regulatory agency or
otherwise. A petition to intervene shall substantially comply with the form
prescribed in 199-subrule 2.2. All other parties to the proceeding shall have
the right to resist or respond to the petition to intervene within seven days
subsequent to the petitioner's service thereof.
c.
Commission discretion.
The commission may, in its discretion, grant or deny such petition or may
permit intervention by the petitioner limited to particular issues or to a
particular phase or stage of the proceeding. The commission shall, in
exercising its discretion, consider the substantiality of the petitioner's
rights allegedly affected by the granting or denial of the application and
whether granting the intervention will unduly delay the proceeding or have no
probative value to the proceeding. The granting of any petition to intervene
shall not have the effect of changing or enlarging the issues specified in the
commission's notice of hearing or any prehearing order of the commission unless
the commission shall, on motion, amend the same.
(3)
Appearance. If any
regulatory agency fails to appear of record in the contested case proceeding
conducted by the commission, the commission shall conclusively presume that the
facility meets the regulatory agency's permit and licensing requirements and
the regulatory agency shall immediately issue any license or permit required
for the construction, operation, or maintenance of the facility.
(4)
Discovery. Discovery may
begin after the commencement of the contested case proceeding. It will not be
grounds for objection that the information sought will be inadmissible at the
hearing if the information sought appears reasonably calculated to lead to the
discovery of admissible evidence.
(5)
Application for
rehearing. All applications for rehearing will be made and processed
in accordance with Iowa Code sections
17A.16(2) and
476.12. Applications for
rehearing after decisions made by the commission must state the specific
grounds upon which the application is based and must specify such findings of
fact and conclusions of law and such terms or conditions of any certificate or
amendment to certificate as are claimed to be erroneous, with a brief statement
of the grounds of error. An application for rehearing shall substantially
comply with the form prescribed in 199-subrule 2.2.
Notes
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(1) General. The proceedings conducted by the commission pursuant to this chapter shall be treated in the same manner as a contested case pursuant to the provisions of Iowa Code chapter 17A. Except where contrary to express provisions below, the hearing procedure shall conform to the commission's rules of practice and procedure, 199-Chapter 7. The proceeding for the issuance of certificate may be consolidated with the contested case proceeding for determination of applicable ratemaking principles under Iowa Code section 476.53. All filings shall be made electronically unless otherwise permitted by the commission.
(2) Intervention.
a. Notice of intervention. An agency not receiving notice pursuant to 24.6(2)"b" may become a party to the contested case proceeding by filing a notice of intervention. Such notice shall contain a statement of the jurisdiction or interest of the particular agency with respect to the proposed facility.
b. Petition to intervene. Any other person wishing to become a party to the contested case proceeding may request to intervene in the proceeding by petition to intervene filed at least 30 days prior to the date of the scheduled hearing, but not afterward except for good cause shown. Such application shall specify the issues in which petitioner may contest before a regulatory agency or otherwise. A petition to intervene shall substantially comply with the form prescribed in 199-subrule 2.2. All other parties to the proceeding shall have the right to resist or respond to the petition to intervene within seven days subsequent to the petitioner's service thereof.
c. Commission discretion. The commission may, in its discretion, grant or deny such petition or may permit intervention by the petitioner limited to particular issues or to a particular phase or stage of the proceeding. The commission shall, in exercising its discretion, consider the substantiality of the petitioner's rights allegedly affected by the granting or denial of the application and whether granting the intervention will unduly delay the proceeding or have no probative value to the proceeding. The granting of any petition to intervene shall not have the effect of changing or enlarging the issues specified in the commission's notice of hearing or any prehearing order of the commission unless the commission shall, on motion, amend the same.
(3) Appearance. If any regulatory agency fails to appear of record in the contested case proceeding conducted by the commission, the commission shall conclusively presume that the facility meets the regulatory agency's permit and licensing requirements and the regulatory agency shall immediately issue any license or permit required for the construction, operation, or maintenance of the facility.
(4) Discovery. Discovery may begin after the commencement of the contested case proceeding. It will not be grounds for objection that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
(5) Application for rehearing. All applications for rehearing will be made and processed in accordance with Iowa Code sections 17A.16(2) and 476.12. Applications for rehearing after decisions made by the commission must state the specific grounds upon which the application is based and must specify such findings of fact and conclusions of law and such terms or conditions of any certificate or amendment to certificate as are claimed to be erroneous, with a brief statement of the grounds of error. An application for rehearing shall substantially comply with the form prescribed in 199-subrule 2.2.