Iowa Code
Chapter 458A - OIL, GAS, AND OTHER MINERALS
Section 458A.11 - Rules covering practice before department.

458A.11 Rules covering practice before department.
1. The department shall prescribe rules governing the practice and procedure before it.
2. An order or amendment of an order, except in an emergency, shall not be made by the department without a public hearing upon at least ten days’ notice. The public hearing shall be held at the time and place prescribed by the department, and any interested person is entitled to be heard. The applicable time frames for the issuance and appeal of the order are defined in section 455B.110.
3. When an emergency requiring immediate action is found to exist the department may issue an emergency order without notice of hearing, which shall be effective upon promulgation. An emergency order shall not remain effective for more than fifteen days.
4. Any notice required by this chapter shall be given at the election of the department either by personal service or by letter to the last recorded address and one publication in a newspaper of general circulation in the state capital city and in a newspaper of general circulation in the county where the land affected or some part of the land is situated. The notice shall issue in the name of the state, shall be signed by the director, shall specify the style and number of the proceeding and the time and place of the hearing, and shall briefly state the purpose of the proceeding. Should the department elect to give notice by personal service, the service may be made by any officer authorized to serve process, or by any agent of the department, in the same manner as is provided by law for the service of original notices in civil actions in the district court of the state. Proof of the service by such agent shall be by the affidavit of the person making personal service.
5. All orders issued by the department shall be in writing, shall be entered in full and indexed in books to be kept by the director for that purpose, and shall be public records open for inspection at all times during reasonable office hours. A copy of any rule or order certified by the director or any officer of the department shall be received in evidence in all courts of this state with the same effect as the original.
6. The department may act upon its own motion, or upon the petition of any interested person. On the filing of a petition concerning any matter within the jurisdiction of the department, the department shall promptly fix a date for a hearing and shall cause notice of the hearing to be given. The hearing shall be held without undue delay after the filing of the petition. The department shall enter its order within thirty days after the hearing.
[C66, 71, 73, 75, 77, 79, 81, §84.11; 82 Acts, ch 1199, §46, 96]
86 Acts, ch 1245, §1815, 1816
C93, §458A.11
2019 Acts, ch 97, §9; 2020 Acts, ch 1063, §246

Structure Iowa Code

Iowa Code

Title XI - NATURAL RESOURCES

Chapter 458A - OIL, GAS, AND OTHER MINERALS

Section 458A.1 - Declaration of policy.

Section 458A.2 - Definitions.

Section 458A.3 - Waste prohibited.

Section 458A.4 - Duties and powers of director.

Section 458A.5 - Drilling permit required.

Section 458A.6 - Department shall determine market demand and regulate the amount of production.

Section 458A.7 - Department shall set spacing units.

Section 458A.8 - Integration of fractional tracts.

Section 458A.9 - Voluntary agreements for unit operation valid.

Section 458A.10 - Liens for development and operating costs.

Section 458A.11 - Rules covering practice before department.

Section 458A.12 - Summoning witnesses, administering oaths, requiring production of records — hearing examiners appointed.

Section 458A.14 - Appeal to district court — procedure of appeal.

Section 458A.15 - Acquisition and handling of illegal oil and gas prohibited — seizure and sale of illegal oil and gas.

Section 458A.16 - Penalties.

Section 458A.17 - Action to restrain violation or threatened violation.

Section 458A.18 - Mineral rights taxed separately.

Section 458A.19 - Rate.

Section 458A.20 - Tax sale — redemption by owner.

Section 458A.21 - Lease of public lands.

Section 458A.22 - Duty to have forfeited lease released — affidavit of noncompliance — notice to landowner — remedies.

Section 458A.23 - Action to obtain release — damages, costs, and attorney fees — attachment.

Section 458A.24 - Extension upon contingency — affidavit.

Section 458A.25 - Liens for labor or materials and of contractor and subcontractor — manner of perfecting liens — enforcement of liens.