1. When the director has evidence that a violation of any provision of this subchapter II or chapter 459, subchapter II, or rule, standard, or permit established or issued under this subchapter II or chapter 459, subchapter II, has occurred, the director shall notify the alleged violator and, by informal negotiation, attempt to resolve the problem. If the negotiations fail to resolve the problem within a reasonable period of time, the director shall issue an order directing the violator to prevent, abate, or control the emissions or air pollution involved. The order shall prescribe the date by which the violation shall cease and may prescribe timetables for necessary action to prevent, abate, or control the emissions of air pollution. The order may be appealed to the commission. The applicable time frames for the issuance and appeal of the order are defined in section 455B.110.
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Terms Used In Iowa Code 455B.138

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commission: means the natural resource commission. See Iowa Code 462A.2
  • Commission: means the environmental protection commission created under section 455A. See Iowa Code 455B.101
  • Director: means the director of the department or the director's designee. See Iowa Code 462A.2
  • Director: means the director of the department or a designee. See Iowa Code 455B.101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Rule: includes "regulation". See Iowa Code 4.1
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
 2. After the hearing on appeal, the commission may affirm, modify, or rescind the order of the director.
 3. The director shall keep a complete record of the hearings and proceeding and the record shall be open to public inspection, subject to section 455B.137. Upon request, a copy of the transcript shall be furnished to the violator or alleged violator at the violator’s or alleged violator’s expense.
 4. An appeal to the commission under this section shall be conducted as a contested case under chapter 17A.
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