A landowner or farm operator who has been ordered to
maintain, repair or reconstruct a temporary or permanent practice subject to a
maintenance/performance agreement may, as appropriate, review the order with
the district commissioners or the division of soil conservation and water
quality. Appeals to the state soil conservation and water quality committee may
be made by the district, a landowner or a farm operator following a review by
the division director or the director's designee.
(1) Review with soil and water conservation
district commissioners. When a landowner or farm operator wishes to appeal an
order to maintain, repair or reconstruct a temporary or permanent practice
subject to a maintenance/performance agreement, the landowner or farm operator
may request a review of the order with the district commissioners. The
commissioners shall schedule a meeting to review the issue with the landowner
or farm operator. This proceeding shall be informal. A landowner or farm
operator shall request a review with the district commissioners in writing and
within 30 days following receipt of their order.
(2) Review with the division of soil
conservation and water quality. After having unsuccessfully met with the
district commissioners, a landowner or farm operator who has been ordered to
maintain, repair or reconstruct a temporary or permanent practice subject to a
maintenance/performance agreement may file a written request for review with
the division. The division review shall be conducted by the division director
or the director's designee. This proceeding shall be informal. A landowner or
farm operator shall request the review with the division in writing within 30
days following the review with the district.
(3) Appeal to the state soil conservation and
water quality committee. In those cases where the district, landowner, or farm
operator is not satisfied with the decision rendered as a conclusion of a
division review concerning an order to maintain, repair or reconstruct a
temporary or permanent practice covered by a maintenance/performance agreement,
the district, landowner, or farm operator may appeal the division's decision to
the state soil conservation and water quality committee. This proceeding shall
be a formal, contested case hearing. The district, landowner, or farm operator
shall make the appeal to the state committee in writing within 30 days
following completion of the division's review.
(4) The committee will either affirm, modify,
or vacate the administrative order following the completion of the contested
case hearing.
Notes
Iowa Admin. Code r. 27-10.33
Amended by
IAB
October 14, 2015/Volume XXXVIII, Number 08, effective
11/18/2015
Amended by
IAB
August 2, 2017/Volume XL, Number 03, effective
9/6/2017
