Iowa Admin. Code r. 199-24.7

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 199-24.7 - Informational meeting

(1)Place of meeting. Not less than 30 days prior to the filing of an application the applicant shall hold an informational meeting in the county of the proposed site for the facility. In the event the proposed site is in more than one county, such meeting shall be in that county containing the greatest portion of the proposed facility site.

(2)Meeting facilities. The applicant shall be responsible for all negotiations and compensation for a suitable facility to be used for the informational meeting, including but not limited to a building or facility which is in substantial compliance with the requirements of the Americans with Disabilities Act Accessibility Guidelines, Chapter 4, where such a building or facility is reasonably available.

(3)Location. The location of the meeting shall be reasonably accessible to all persons which may be affected by the granting of the certificate.

(4)Board approval. Board approval shall be obtained for the proposed informational meeting date, time, and location.

(5)Personnel. The prospective applicant shall provide qualified personnel to speak for the applicant in matters relating to the following:

a. Utility planning which has resulted in the proposed construction.

b. When the facility or significant alteration will be constructed.

c. In general terms the physical construction, appearance and location of major structures with respect to proposed property lines.

d. In general terms the property rights which the applicant shall seek including purchase, option to buy, and easement.

e. Procedures to be followed in contacting affected parties for specific negotiations in acquiring property rights.

f. Methods and factors used in arriving at offered compensation.

g. Manner in which payments are made including discussion of conditional easements, signing fees and time of payment.

h. Other factors or damages for which compensation is made.

i. If the undertaking is a joint effort, other participants shall be represented at the informational meeting by qualified personnel designated to speak for them.

(6)Conduct of the meeting. A member of the board, or a hearing examiner designated by the board, shall serve as the presiding officer at the meeting and present an agenda for such meeting, which shall include a summary of the legal rights of affected legal landowners. No formal record of the meeting is required. The meeting shall be considered an opportunity for interested members of the public to raise questions regarding the proposal, and an opportunity for the applicant to respond.

(7)Notice. At least one week prior to the time set for the informational meeting, the applicant shall cause to be published a notice of such meeting in a newspaper of general circulation in each county containing a portion of the proposed site impact area. The notice of the informational meeting shall contain the following statement: Persons with disabilities requiring assistive services or devices to observe or participate should contact the utilities board at (515)725-7300 in advance of the scheduled date to request that appropriate arrangements be made. Proof of such notice shall be provided to the board by applicant. Additional notice shall be made through press release to all newspapers of general circulation in each county containing a portion of the proposed site impact area and, as deemed appropriate by the board, electronic media.

This rule is intended to implement Iowa Code sections 476A.2 and 476A.12.

[Editorial change: lAC Supplement 12/29/10]

Iowa Admin. Code r. 199-24.7