Iowa Admin. Code r. 199-17.9 - Objection procedures
(1) A person
subject to an assessment shall either pay the amount assessed or file an
objection to the assessment as set forth in this rule within 30 days of the
date the commission provides notice of the amount due to the person .
(2) A properly filed objection is in writing;
sets forth the specific grounds upon which the person claims the assessment is
excessive, unreasonable, erroneous, unlawful, or invalid; and identifies
whether the person objects to the assessment of expenses certified by the
commission , to the assessment of expenses certified by the consumer advocate,
or both. If the person wishes to orally present argument to the commission , the
request for oral argument should be included in the objection. Absent a request
for oral argument, the commission will consider the objection based solely on
the submission of written evidence and argument. The person may include with
the objection such evidence or information the person believes relevant to
support the person 's claim.
(3) The
consumer advocate or the commission may informally resolve an objection. In the
event an objection is informally resolved, the fact that a resolution has
occurred will be filed in the docket.
(4) If the objection concerns the assessment
of expenses certified by the consumer advocate, within 30 days from the date of
the objection, the consumer advocate may file responsive argument, evidence,
and other information with the commission . In the event the person filing an
objection has not requested oral argument, the consumer advocate may request
oral argument.
(5) If oral argument
is requested or if the objecting person or the consumer advocate requests
additional opportunity to submit written argument and evidence, the commission
will issue a scheduling order. At the time and place for oral argument, the
objecting person and the consumer advocate, if applicable, will be afforded the
opportunity to present argument to the commission .
(6) Following the final submission of written
material or oral argument, the commission will issue an order in accordance
with its findings. In the event the commission affirms the assessment, in whole
or in part, the person shall pay the amount identified in the commission 's
order within 30 days from the date of the order unless otherwise ordered by the
commission .
(7) The objection
procedures set forth in this rule do not apply to challenges to a direct
assessment made in a final commission order, including those issued under
subrule 17.6(3). The judicial review procedures in Iowa Code chapter 17A and
the rehearing provisions in Iowa Code section
476.12 are the exclusive methods
for challenging a direct assessment determination made in a final commission
order.
(8) Commission expenses
incurred in an objection proceeding will be included in industry direct
assessments.
Notes
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(1) Wireless carriers and wireline local exchange carriers providing telecommunications services in Iowa shall comply with Iowa Code section 477C.7 for payment of assessments to fund the dual party relay service program and equipment distribution program. Those carriers shall pay assessments in the amount of three cents per month for each telecommunications service phone number. "Telecommunications service phone number" means a revenue-producing telephone number.
(2) Wireless carriers and wireline local exchange carriers shall file the number of telecommunications service phone numbers with the payment required by Iowa Code section 477C.7. The number of telecommunications service phone numbers may be filed as confidential and may be withheld from public inspection pursuant to the procedures in 199-subrule 1.9(8).
(3) The commission shall periodically audit the payment of Iowa Code section 477C.7 assessments for any purpose the commission deems necessary, including, but not limited to, examining whether wireless carriers and wireline local exchange carriers providing telecommunications services in Iowa are paying assessments in appropriate amounts.