TITLE I
GENERAL
CHAPTER 1
OPERATION OF ENVIRONMENTAL PROTECTION COMMISSION
[Prior to 12/3/86, see Water, Air and Waste Management[900] Ch 2]
567—1.1(17A,455A) Scope. This chapter governs the conduct of business by the environmental protection commission. Rulemaking proceedings and contested case proceedings are governed by other departmental rules.
[ARC 7942C, IAB 5/15/24, effective 6/19/24]
567—1.2(17A,455A) Meeting location and notification.
	1.2(1) Time of meetings. The commission generally meets monthly, but is required to meet at least quarterly. The director, chairperson, or a majority of commissioners may establish meetings.
	1.2(2) Notification of meetings. The director will provide public notice of all meeting dates, locations, and agendas.
	a. 	Notice of meetings is given by posting the agenda. The agenda lists the time, date, location, and topics to be discussed at the meeting. The agenda may include a specific time for the public to address the commission on any issue related to the duties and responsibilities of the commission, except as otherwise provided in these rules.
	b. 	The agenda for each meeting will be posted at the department’s main headquarters and on the department’s website. The agenda will be provided to anyone who files a request with the department. The final agenda will be posted at least 24 hours prior to the meeting, unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible will be given. Any additions to the agenda after posting and distribution will be posted at least 24 hours prior to the meeting, unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible will be given. The commission may adopt additions to the agenda at the meeting only if good cause exists requiring expeditious discussion or action. The reasons and circumstances necessitating agenda additions, or those given less than 24 hours’ notice by posting, shall be stated in the minutes of the meeting.
	c. 	Written materials provided to the commission with the agenda may be examined by the public. Copies of the materials may be distributed at the discretion of the director. The director may require a fee to cover the reasonable cost to the department to provide the copies, in accordance with rules of the department.
[ARC 7942C, IAB 5/15/24, effective 6/19/24]
567—1.3(17A,455A) Attendance and participation by the public.
	1.3(1) Attendance. All meetings are open to the public. The commission may exclude the public from portions of the meeting in accordance with Iowa Code section 21.5.
	1.3(2) Participation.
	a. 	Items on agenda. Presentations to the commission may be made at the discretion of the chairperson.
	b. 	Items not on agenda. The commission will not act on a matter not on the agenda, except in accordance with paragraph 1.2(2)“b.” Persons who wish to address the commission on a matter not on the agenda should file a request with the director to place that matter on the agenda of the subsequent meeting.
	c. 	Meeting decorum. The chairperson may limit participation as necessary for the orderly conduct of agency business. Cameras and recording devices may be used during meetings provided they do not interfere with the orderly conduct of the meeting. The chairperson may order the use of these devices discontinued if they cause interference and may exclude those persons who fail to comply with that order.
[ARC 7942C, IAB 5/15/24, effective 6/19/24]
567—1.4(17A,455A) Quorum and voting requirements.
	1.4(1) Quorum. Five or more commissioners present at a meeting constitute a quorum.
	1.4(2) Voting.
	a. 	Voting requirements if eight or nine commissioners are currently appointed. If eight or nine commissioners are currently appointed to the environmental protection commission by the governor, then the affirmative votes of five or more commissioners shall be required to act on any matter within the jurisdiction of the commission.
	b. 	Voting requirements if seven or fewer commissioners are currently appointed. If seven or fewer commissioners are currently appointed to the environmental protection commission by the governor, then the affirmative votes of four or more commissioners shall be required to act on any matter within the jurisdiction of the commission.
	c. 	Voting requirements to go into closed session. Notwithstanding paragraph 1.4(2)“a” or 1.4(2)“b,” a vote to go into closed session shall require the concurrence of six or more members of the commission or the concurrence of all members present if fewer than six members are present.
[ARC 7942C, IAB 5/15/24, effective 6/19/24]
567—1.5(17A,455A) Conduct of meeting.
	1.5(1) General. Meetings will be conducted in accordance with Robert’s Rules of Order unless otherwise provided in these rules. Voting will be by voice or by roll call. Voting will be by voice unless a voice vote is inconclusive, a member of the commission requests a roll call, or the vote is on a motion to close a portion of a meeting. The chairperson will announce the result of the vote.
	1.5(2) Voice votes. All commission members present should respond when a voice vote is taken.
	a. 	All members present will be recorded as voting aye on any motion when there are no nay votes or abstentions heard.
	b. 	Any member who abstains will state at the time of the vote the reason for abstaining. The abstention and the reason for it will be recorded in the minutes.
	1.5(3) Provision of information. The chairperson may recognize any agency staff member for the provision of information relative to an agenda item.
[ARC 7942C, IAB 5/15/24, effective 6/19/24]
567—1.6(17A,455A) Minutes, transcripts, and recordings of meetings.
	1.6(1) Audio recordings. The director may record each meeting and shall record each closed session.
	1.6(2) Minutes. The director will keep minutes of each meeting. Minutes will be reviewed and approved by the commission.
[ARC 7942C, IAB 5/15/24, effective 6/19/24]
567—1.7(17A,455A) Officers and duties.
	1.7(1) Officers. The officers of the commission are the chairperson, the vice chairperson, and the secretary.
	1.7(2) Duties. The chairperson will preside at meetings and will exercise the powers conferred upon the chairperson. The vice chairperson will perform the duties of the chairperson when the chairperson is absent or when directed by the chairperson. The secretary will make recommendations to the commission on approval or revision of the minutes and act as parliamentarian.
	1.7(3) Elections. Officers will be elected annually during May.
	1.7(4) Succession.
	a. 	If the chairperson does not serve out the elected term, the vice chairperson will succeed the chairperson for the remainder of the term. A special election will be held to elect a new vice chairperson to serve the remainder of the term.
	b. 	If the vice chairperson does not serve out the elected term, a special election will be held to elect a new vice chairperson to serve the remainder of the term.
	c. 	If the secretary does not serve out the elected term, a special election will be held to elect a new secretary to serve the remainder of the term.
[ARC 7942C, IAB 5/15/24, effective 6/19/24]
567—1.8(17A,455A) Sales and leases of goods, real estate, and services.
	1.8(1) Sales and leases. The general provisions for the sales and leases of goods, real estate, and services by commission members are governed by rule 351—6.11(68B).
	1.8(2) Consent by rule. The commission concludes that sales or leases of goods, real estate, or services described in this paragraph do not, as a class, constitute the sale or lease of a good, real estate, or service that affects an official’s functions. Application and department approval are not required for these sales or leases unless there are unique facts surrounding a particular sale or lease which would cause that sale or lease to affect the official’s duties or functions, would give the buyer an advantage in its dealings with the department, or would otherwise present a conflict of interest.
Sales or leases for which consent is granted by rule are:
	a. 	Nonrecurring sale or lease of goods and services if the official is not engaged for profit in the business of selling or leasing those goods or services.
	b. 	Sale or lease of farm products at market prices to a buyer ordinarily engaged in the business of purchasing farm products or to the general public at a farmer’s market, retail store, or roadside stand.
	c. 	Sale or lease of goods to general public at an established retail or consignment shop.
	d. 	Sale or lease of legal, mechanical, or other services at market or customary prices. However, if an official’s client or customer has a matter for decision before the commission, the official shall not participate in the discussion and voting on that matter unless consent has been obtained.
	e. 	Sale or lease of goods at wholesale prices to a buyer ordinarily engaged in the business of purchasing wholesale goods for retail sale.
	f. 	Sale or lease of creative works of art, including but not limited to sculpture and literary products, at market, auction, or negotiated prices. However, if an official’s customer has a matter for decision before the commission directly or indirectly involving that good, the official shall not participate in the discussion and voting on that matter unless consent has been obtained.
	g. 	Sale or lease of goods to general public at market or franchiser-established prices. However, if an official’s customer has a matter for decision before the commission, the official shall not participate in the discussion and voting on that matter unless consent has been obtained.
	h. 	Sale or lease of real estate at a live auction or through an open or closed bidding process. However, if the buyer, seller, lessee, or lessor has a matter for decision before the commission within the next 12 months, the official shall not participate in the discussion and voting on that matter unless consent has been obtained.
	i. 	The leasing of real estate; however, if the lessee or lessor has a matter for decision before the commission, the official shall not participate in the discussion and voting on that matter unless consent has been obtained.
[ARC 7942C, IAB 5/15/24, effective 6/19/24]
These rules are intended to implement Iowa Code sections 17A.3(1)“a” and 455A.6.
[Filed emergency 6/3/83—published 6/22/83, effective 7/1/83]
[Filed emergency 11/27/85—published 12/18/85, effective 11/27/85]
[Filed 11/14/86, Notice 10/8/86—published 12/3/86, effective 1/7/87]
[Filed 7/30/93, Notice 5/12/93—published 8/18/93, effective 9/22/93]
[Filed emergency 6/13/08—published 7/2/08, effective 6/13/08]
[Editorial change: IAC Supplement 8/27/08]
[Filed 8/20/08, Notice 7/2/08—published 9/10/08, effective 10/15/08]
[Filed ARC 7942C (Notice ARC 7205C, IAB 12/27/23), IAB 5/15/24, effective 6/19/24]