The owner or operator of a piece of equipment subject to a
written inspection report may petition the commissioner for reconsideration of
the report within 30 days of the issuance of the report. Failure to seek timely
reconsideration of the inspection report from the commissioner shall be deemed
a waiver of all appeal rights under Iowa Code subsection
89.14(6). The
burden of demonstrating compliance with all applicable statutory provisions,
administrative rules, and ASME code sections rests upon the petitioning owner
or operator.
(1) A petition for
reconsideration shall be in writing and must be signed by the requesting party
or a representative of that party. The required form for a petition for
reconsideration is available on the board's website at iowaboilers.gov. A
petition for reconsideration shall specify:
a. The party seeking reconsideration,
including mailing address and telephone number;
b. The location of the equipment subject to
the challenged inspection report;
c. The inspection date;
d. The inspector who issued the challenged
inspection report;
e. The specific
findings or conclusions to which exception is taken;
f. The relief sought.
(2) A copy of the challenged inspection
report shall be attached to the petition for reconsideration. The petitioning
party shall also include all relevant documents that the petitioning party
desires the commissioner to consider when evaluating the petition.
(3) The commissioner or a designee of the
commissioner is authorized to seek additional information relating to a
petition for reconsideration from the petitioning party or any other entity
possessing information the commissioner deems relevant to the petition. This
subrule, however, does not impose any responsibility or duty on the
commissioner to discover documents or other information that was not submitted
with the petition for reconsideration.
(4) Any petition for reconsideration that is
not received by the office of the commissioner within 30 days of the issuance
of the challenged inspection report shall be deemed untimely and will not be
considered by the commissioner.
(5)
The commissioner shall not consider any request for waiver or variance of an
administrative rule made as part of a petition for reconsideration. Requests
for waivers or variances of administrative rules may only be made to the board
pursuant to the provisions of 875-Chapter 81.
(6) The commissioner shall issue a written
ruling on the petition for reconsideration. In ruling on a petition for
reconsideration, the commissioner may:
a.
Affirm the inspection report as issued;
b. Issue an amended inspection
report;
c. Rescind the inspection
report;
d. Deny the petition as
untimely.
(7) Any
petition for reconsideration that is not ruled upon by the commissioner within
20 days of receipt by the office of the commissioner shall be deemed denied by
the commissioner and the challenged inspection report shall be considered
affirmed as issued.
Notes
Iowa Code r.
875-84.1
ARC 9082B, IAB
9/22/10, effective 10/27/10;
ARC 3635C, IAB 2/14/18, effective 3/21/18
ARC 9082B, lAB 9/22/10,
effective 10/27/10
Amended by
IAB
February 14, 2018/Volume XL, Number 17, effective
3/21/2018
Adopted by
IAB
February 19, 2025/Volume XLVII, Number 17, effective
3/26/2025
