FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 822.6 — IA Code / Title XVI / Chapter 822 / Section 822.6
Determination of relief.
Status: in_force

(1) Within thirty days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may grant leave to withdraw the application. The court may make appropriate orders for amendment of the application or any pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application the court shall take account of substance regardless of defects of form.

(2) When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to postconviction relief and no purpose would be served by any further proceedings, the court may indicate to the parties its intention to dismiss the application and the reasons for dismissal. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if a material issue of fact exists.

(3) The court may grant a motion by either party for summary disposition of the application, when it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

[C71, 73, 75, 77, 79, 81, §663A.6]C93, §822.62018 Acts, ch 1041, §127; 2019 Acts, ch 24, §95; 2019 Acts, ch 45, §1; 2019 Acts, ch 140, §36
Iowa Code § 368.21 — IA Code / Title IX / Chapter 368 / Section 368.21
Supervision of procedures.
Status: in_force

When an incorporation, discontinuance, or boundary adjustment is complete, the board shall supervise procedures necessary to carry out the proposal. In the case of an incorporation, the county commissioner of elections shall conduct an election for mayor and council of the city, who shall serve until their successors take office following the next regular city election. In the case of a discontinuance, the board shall publish two notices as provided in section 368.15 that it will receive and adjudicate claims against the discontinued city for a period of six months from the date of last notice, and shall cause necessary taxes to be levied against the property within the discontinued city to pay claims allowed. All records of a discontinued city shall be deposited with the county auditor of the county designated by the board. Any remaining balances shall be deposited in the county treasury where the former city was located. In the case of boundary adjustments, the proper city officials shall carry out procedures necessary to implement the proposal.

[R60, §1037, 1045; C73, §425, 433, 449, 451, 453; C97, §602, 603, 605 – 607, 613; S13, §602; C24, 27, 31, 35, 39, §5594, 5597, 5600 – 5602, 5607; C46, 50, 54, 58, 62, 66, 71, 73, §362.7, 362.10, 362.13 – 362.15, 362.21; C75, 77, 79, 81, §368.21]83 Acts, ch 123, §172, 209
Iowa Code § 633.640 — IA Code / Title XV / Chapter 633 / Section 633.640
Conservator’s right to possession.
Status: in_force

Every conservator shall have a right to, and shall take, possession of all of the real and personal property of the protected person. The conservator shall pay the taxes and collect the income therefrom until the conservatorship is terminated. The conservator may maintain an action for the possession of the property, and to determine the title to the same.

[C73, §2245; C97, §3196; C24, 27, 31, 35, 39, §12584, 12585; C46, 50, 54, 58, 62, §668.11, 668.12; C66, 71, 73, 75, 77, 79, 81, §633.640]2024 Acts, ch 1009, §72
Iowa Code § 257.51 — IA Code / Title VII / Chapter 257 / Section 257.51
Career academy fund grant program.
Status: in_force

(1) A career academy fund is created and established as a separate and distinct fund in the state treasury under the control of the department of education.

(2) (a) In addition to moneys deposited in the career academy fund pursuant to section 423F.2, the department of education may accept gifts, grants, bequests, and other private contributions, as well as state or federal funds, and shall deposit the moneys in the fund to be used for purposes of this section. Moneys in the fund are appropriated to the department of education and shall be used for the purposes of this section.

(2) (b) Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes of this section in succeeding fiscal years. Notwithstanding section 12C.7, subsection 2, interest earned on moneys in the career academy fund shall be credited to the fund.

(3) The department of education shall adopt rules to establish and administer a career academy grant program to provide for the allocation of money in the fund in the form of competitive grants, not to exceed one million dollars per grant, to school corporations for career academy infrastructure, career academy equipment, or both, in accordance with the goals of this section and to further the goals of the establishment and operation of career academies under section 256.137. The rules adopted by the department of education shall specify the eligibility of applicants and eligible items for grant funding. Priority for grants shall first be given to applications to establish new career academies that are organized as regional centers pursuant to chapter 256, subchapter VII, part 2. Subsequent priority shall be given to applications for expanding existing career academies.

2019 Acts, ch 166, §6; 2023 Acts, ch 19, §2525
Iowa Code § 626.8 — IA Code / Title XV / Chapter 626 / Section 626.8
Record kept.
Status: in_force

The clerk shall enter on the judgment docket the date of its issuance and to what county and officer issued, the return of the officer, with the date thereof; the dates and amount of all moneys received or paid out of the office thereon; which entries shall be made at the time each act is done.

[R60, §3265; C73, §3029; C97, §3957; C24, 27, 31, 35, 39, §11655; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.8]
Iowa Code § 515.125 — IA Code / Title XIII / Chapter 515 / Section 515.125
Forfeiture of policies — notice.
Status: in_force

(1) Unless otherwise provided in section 515.127, 515.128, 515.129, 515.129A, 515.129B, or 515.129C, a policy or contract of insurance provided for in this chapter shall not be forfeited, suspended, or canceled except by notice to the insured as provided in this chapter. A notice of cancellation is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective date of cancellation or, where cancellation is for nonpayment of a premium, assessment, or installment provided for in the policy, or in a note or contract for the payment thereof, at least ten days prior to the date of cancellation. The notice may be made in person, or by sending by mail a letter addressed to the insured at the insured’s address as given in or upon the policy, anything in the policy, application, or a separate agreement to the contrary notwithstanding.

(2) An insurer shall not fail to renew a policy except by notice to the insured as provided in this chapter. A notice of intention not to renew is not effective unless mailed or delivered by the insurer to the named insured at least thirty days prior to the expiration date of the policy. A notice of intention not to renew is not required if the insured is transferred from an insurer to an insurance company admitted in Iowa which is an affiliate of, as defined in section 521A.1, the transferring insurer and all of the following conditions are met:

(2) (a) The transfer does not result in an interruption in coverage.

(2) (b) The rating of the affiliate from the A.M. Best company or a substitute rating service acceptable to the commissioner is the same or better than the rating of the transferring insurer.

(2) (c) The transfer results in the same or broader coverage.

(2) (d) Notice of the transfer is delivered to the insured or sent by first class mail to the insured’s last known address not less than thirty days prior to the transfer. The notice required by this paragraph is not required in the event that the insured requests or consents to the transfer.

(2) (e) The notice of transfer provides the name and telephone number of the insured’s insurance producer, agent, or agency, if any.

(3) If the reason does not accompany the notice of cancellation or nonrenewal, the insurer shall, upon receipt of a timely request by the named insured, state in writing the reason for cancellation or nonrenewal.

[C97, §1727; C24, 27, 31, 35, 39, §8959; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §515.80]87 Acts, ch 132, §3; 88 Acts, ch 1112, §404; 90 Acts, ch 1234, §38; 2002 Acts, ch 1111, §17; 2007 Acts, ch 152, §9, 58CS2007, §515.1252008 Acts, ch 1074, §9; 2010 Acts, ch 1121, §18; 2011 Acts, ch 70, §29; 2015 Acts, ch 128, §23, 50, 51
Iowa Code § 556.8 — IA Code / Title XIV / Chapter 556 / Section 556.8
Property held by state courts and public officers and agencies — abandonment.
Status: in_force

All intangible personal property held for the owner by any court, public corporation, public authority, agency, instrumentality, employee, or public officer of this state, or the United States, or a political subdivision of the state, another state, or the United States, that has remained unclaimed by the owner for more than two years after becoming payable or distributable is presumed abandoned.

[C71, 73, 75, 77, 79, 81, §556.8]84 Acts, ch 1295, §12; 89 Acts, ch 287, §4
Iowa Code § 26.13 — IA Code / Title I / Chapter 26 / Section 26.13
Early release of retained funds.
Status: repealed

Repealed by 2018 Acts, ch 1097, §6; . See §573.28.
Iowa Code § 541.68 — IA Code / Title XIII / Chapter 541 / Section 541.68
Section 541.68
Status: repealed

Repealed by 65 Acts, ch 413, §10102.
Iowa Code § 458A.10 — IA Code / Title XI / Chapter 458A / Section 458A.10
Liens for development and operating costs.
Status: in_force

A person to whom another is indebted for expenses incurred in drilling and operating a well on a drilling unit required to be formed as provided for in section 458A.8, may, in order to secure payment of the amount due, fix a lien upon the interest of the debtor in the production from the drilling unit or the unit area, as the case may be, by filing for record, with the recorder of the county where property involved, or any part thereof, is located, an affidavit setting forth the amount due and the interest of the debtor in such production. The person to whom the amount is payable may, at the expense of the debtor, store all or any part of the production upon which the lien exists until the total amount due, including reasonable storage charges, is paid or the commodity is sold at foreclosure sale and delivery is made to the purchaser. The lien may be foreclosed as provided for with respect to foreclosure of a lien on chattels.

[C66, 71, 73, 75, 77, 79, 81, §84.10]C93, §458A.10
Iowa Code § 428.37 — IA Code / Title X / Chapter 428 / Section 428.37
Listing certain electric power generating plants.
Status: repealed

Repealed by 98 Acts, ch 1194, §39, 40.See chapter 437A.
Iowa Code § 491.30 — IA Code / Title XII / Chapter 491 / Section 491.30
Section 491.30
Status: repealed

Repealed by 93 Acts, ch 126, §35.
Iowa Code § 501.814 — IA Code / Title XII / Chapter 501 / Section 501.814
Appeal from denial of reinstatement.
Status: in_force

(1) If the secretary of state denies a cooperative’s application for reinstatement following administrative dissolution, the secretary of state shall serve the cooperative under section 501.106 with a written notice that explains the reason or reasons for denial.

(2) The cooperative may appeal the denial of reinstatement to the district court within thirty days after service of the notice of denial is perfected. The cooperative appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the secretary of state’s certificate of dissolution, the cooperative’s application for reinstatement, and the secretary of state’s notice of denial.

(3) The court may summarily order the secretary of state to reinstate the dissolved cooperative or may take other action the court considers appropriate.

(4) The court’s final decision may be appealed as in other civil proceedings.

98 Acts, ch 1152, §62, 69
Iowa Code § 633.308 — IA Code / Title XV / Chapter 633 / Section 633.308
Setting aside probate of will.
Status: in_force

Any interested person may petition to set aside the probate of a will by filing a written petition in the probate proceedings. The petition for such purpose shall state the grounds therefor.

[C51, §1297; R60, §2329; C73, §2353; C97, §3296; C24, 27, 31, 35, 39, §11882; C46, 50, 54, 58, 62, §633.38; C66, 71, 73, 75, 77, 79, 81, §633.308]
Iowa Code § 252E.7 — IA Code / Title VI / Chapter 252E / Section 252E.7
Insurer authorization.
Status: in_force

(1) The entry of an order requiring a health benefit plan is authorization for enrollment of the dependent if the dependent is otherwise eligible to be enrolled. If the obligor fails to obtain coverage for a dependent, the insurer shall accept the signature of the obligee or other legal custodian of the child or of an employee of the department on the application for enrollment of the dependent under the health benefit plan. If the dependent is otherwise eligible to be enrolled in the plan pursuant to the applicable terms and conditions of the health benefit plan and the standard enrollment guidelines of the insurer, the insurer shall allow enrollment of the dependent at any time, notwithstanding any enrollment season restrictions.

(2) An insurer shall not deny enrollment of a child under the health benefit plan of the obligor based on any of the following:

(2) (a) The child was born out of wedlock.

(2) (b) The child is not claimed as a dependent on the obligor’s federal income tax form.

(2) (c) The child does not reside with the obligor or in the insurer’s service area.

(3) For purposes of processing claims for payment, the insurer shall accept the signature of the obligee or other legal custodian of the child or of an employee of the department as valid authorization for purposes of processing any medical expense claims on behalf of the dependent for payment or reimbursement of medical services rendered to the dependent.

(4) The insurer shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed for actions taken in implementing this section including, but not limited to, the insurer’s release of any information, or the payment of any claims for services by the insurer, or the insurer’s acceptance of applications for enrollment of the dependent and medical expense claims for the dependent which are signed by the obligee or an employee of the department pursuant to this section.

(5) If a dependent has coverage under the health benefit plan of and through the insurer of the obligor, the insurer shall make payment directly to the obligee, the provider, or the department for claims submitted by the obligee, by the provider with the obligee’s approval, or by the department.

(6) Payments remitted to the obligor by the insurer for services received by the dependent shall be recoverable by the obligee or the department from the obligor if not properly paid by the obligor to the provider or the obligee.

90 Acts, ch 1224, §31; 94 Acts, ch 1171, §28
Iowa Code § 231B.7 — IA Code / Title VI / Chapter 231B / Section 231B.7
Complaints.
Status: in_force

(1) Any person with concerns regarding the operations or service delivery of an elder group home may file a complaint with the department. The name of the person who files a complaint with the department and any personal identifying information of the person or any tenant identified in the complaint shall be kept confidential and shall not be subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than department employees involved with the complaint.

(2) The department shall establish procedures for the disposition of complaints received in accordance with this section.

2005 Acts, ch 62, §7; 2007 Acts, ch 215, §147
Iowa Code § 297.13 — IA Code / Title VII / Chapter 297 / Section 297.13
Fence around schoolhouse sites.
Status: repealed

Repealed by 2006 Acts, ch 1152, §56.
Iowa Code § 309.65 — IA Code / Title VIII / Chapter 309 / Section 309.65
Sale of gravel bed property.
Status: in_force

Notwithstanding section 309.66, after notice as provided in section 331.305 and a public hearing, the board of supervisors may sell all or part of the property acquired for gravel and other highway improvement materials if the property has been owned by the county for more than five years and the board finds that the property to be sold is not needed for highway improvement purposes or the property is not suitable for those purposes.

88 Acts, ch 1254, §1
Iowa Code § 499.37A — IA Code / Title XII / Chapter 499 / Section 499.37A
Standards of conduct for officers.
Status: in_force

(1) An officer, when performing in such capacity, shall act in conformity with all of the following:

(1) (a) In good faith.

(1) (b) With the care that a person in a like position would reasonably exercise under similar circumstances.

(1) (c) In a manner the officer reasonably believes to be in the best interests of the association.

(2) In discharging the officer’s duties, an officer who does not have knowledge that makes such reliance unwarranted is entitled to rely on any of the following:

(2) (a) The performance of properly delegated responsibilities by one or more employees of the association whom the officer reasonably believes to be reliable and competent in performing the responsibilities delegated.

(2) (b) Information, opinions, reports, or statements, including financial statements and other financial data, prepared or presented by one or more employees of the association whom the officer reasonably believes to be reliable and competent in the matters presented.

(2) (c) Legal counsel, public accountants, or other persons retained by the association as to matters involving skills or expertise the officer reasonably believes are matters within the particular person’s professional or expert competence or as to which the particular person merits confidence.

(3) An officer shall not be liable as an officer to the association or its members for any decision to take or not to take action, or any failure to take any action, if the duties of the officer are performed in compliance with this section. Whether an officer who does not comply with this section is liable depends in such instance on applicable law, including those principles of section 499.36A that have relevance.

2008 Acts, ch 1141, §2
Iowa Code § 523I.501 — IA Code / Title XIII / Chapter 523I / Section 523I.501
Cemetery authorized.
Status: in_force

The governing body of a governmental subdivision may purchase, establish, operate, enclose, improve, or regulate a cemetery. A cemetery owned or operated by a governmental subdivision may sell interment rights subject to the provisions of this chapter.

2005 Acts, ch 128, §41
Iowa Code § 544A.13 — IA Code / Title XIII / Chapter 544A / Section 544A.13
Revocation or suspension.
Status: in_force

(1) A license to practice architecture may be revoked or suspended when the licensee is guilty of the following acts or offenses:

(1) (a) Fraud in procuring a license.

(1) (b) Professional incompetency.

(1) (c) Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of the licensee’s profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.

(1) (d) Habitual intoxication or addiction to the use of drugs.

(1) (e) Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice the profession of architecture. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

(1) (f) Fraud in representations as to skill or ability.

(1) (g) Use of untruthful or improbable statements in advertisements.

(1) (h) Willful or repeated violations of the provisions of this chapter.

(1) (i) Willful or repeated violations of one or more rules of conduct adopted by the board.

(2) The board may revoke any license after thirty days’ notice with grant of hearing to the holder if satisfactory proof is presented to the board.

(3) Proceedings for the revocation of a license shall be initiated by filing written charges against the accused with the board. A time and place for the hearing of the charges shall be fixed by the board if the board determines that a hearing is warranted. If personal service or service through counsel cannot be effected, service may be by publication. At the hearing, the accused has the right to be represented by counsel, to introduce evidence, and to examine and cross-examine witnesses. The board may subpoena witnesses, administer oaths to witnesses, and employ counsel.

[C27, 31, 35, §1905-b13; C39, §1905.70; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.13]87 Acts, ch 92, §6; 88 Acts, ch 1158, §26C93, §544A.132008 Acts, ch 1059, §9; 2014 Acts, ch 1001, §5; 2017 Acts, ch 131, §7; 2022 Acts, ch 1032, §92
Iowa Code § 453B.1 — IA Code / Title X / Chapter 453B / Section 453B.1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

(1) “Controlled substance” means controlled substance as defined in section 124.101.

(2) “Counterfeit substance” means a counterfeit substance as defined in section 124.101.

(3) (a) “Dealer” means any person who ships, transports, or imports into this state or acquires, purchases, possesses, manufactures, or produces in this state any of the following:

(3) (a) Seven or more grams of a taxable substance other than marijuana, but including a taxable substance that is a mixture of marijuana and other taxable substances.

(3) (a) Forty-two and one-half grams or more of processed marijuana or of a substance consisting of or containing marijuana.

(3) (a) One or more unprocessed marijuana plants.

(3) (a) Ten or more dosage units of a taxable substance which is not sold by weight.

(3) (b) However, a person who lawfully ships, transports, or imports into this state or acquires, purchases, possesses, manufactures, or produces a taxable substance in this state is not considered a dealer.

(4) “Department” means the department of revenue.

(5) “Director” means the director of revenue.

(6) “Dosage unit” means the unit of measurement in which a substance is dispensed to the ultimate user. Dosage unit includes, but is not limited to, one pill, one capsule, or one microdot.

(7) “Marijuana” means marijuana as defined in section 124.101.

(8) “Processed marijuana” means all marijuana except unprocessed marijuana plants.

(9) “Simulated controlled substance” means a simulated controlled substance as defined in section 124.101.

(10) “Taxable substance” means a controlled substance, a counterfeit substance, a simulated controlled substance, or marijuana, or a mixture of materials that contains a controlled substance, counterfeit substance, simulated controlled substance, or marijuana.

(11) “Unprocessed marijuana plant” means any cannabis plant at any level of growth, whether wet, dry, harvested, or growing.

90 Acts, ch 1251, §37C91, §421A.1C93, §453B.195 Acts, ch 83, §29 – 31; 2003 Acts, ch 145, §286; 2011 Acts, ch 25, §143