Iowa Admin. Code r. 199-13.4 - Notice of hearing
(1)
When a petition for permit is filed with the board , the petition shall be
reviewed by board staff for compliance with applicable laws. Once board staff
has completed the review and filed a report regarding the proposed pipeline and
petition, the petition shall be set for hearing. This subrule does not apply to
renewal petitions filed pursuant to rule
199-13.8 (479B) which do not
require a hearing.
(2) The pipeline
company shall be furnished copies of the official notice of hearing, which the
pipeline company shall cause to be published once each week for two consecutive
weeks in a newspaper of general circulation in each county in or through which
construction is proposed. The second publication shall be not less than 10 and
no more than 30 days prior to the date of the hearing. Proof of publication
shall be filed prior to the hearing.
(3) The published notice shall include a map
showing either the pipeline route or the area affected by underground hazardous
liquid storage, or a telephone number and an address through which interested
persons may obtain a copy of a map from the pipeline company at no charge. If a
map other than that filed as Exhibit B will be published or provided, a copy
shall be filed with the petition.
(4) If a petition for permit seeks the right
of eminent domain, the pipeline company shall, in addition to the published
notice of hearing, serve a copy of the notice of hearing on the landowners and
any affected person with an interest in the property over which eminent domain
is sought. A copy of the Exhibit H filed with the board for the affected
property shall accompany the notice. Service shall be by certified United
States mail, return receipt requested, addressed to the person's last-known
address, and this notice shall be mailed no later than the first day of
publication of the official notice of hearing on the petition. Not less than
five days prior to the date of the hearing, the pipeline company shall file
with the board a certificate of service showing all persons and addresses to
which notice was sent by certified mail, the date of the mailing, and an
affidavit that all affected persons were served.
(5) If a petition does not seek the right of
eminent domain, but all required interests in private property have not yet
been obtained at the time the petition is filed, a copy of the notice of
hearing shall be served upon any affected person with interests in the
property. Service shall be by ordinary mail, addressed to the last-known
address, and mailed no later than the first day of publication of the official
notice. A copy of each letter of notification, or one copy of the letter
accompanied by a written statement listing all persons to whom the notice was
mailed, the date of mailing, and an affidavit that all affected persons were
served, shall be filed with the board not less than five days prior to the
hearing.
Notes
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