reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.3 - Request for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In
			 lieu of the words "(insert agency head)", insert "office where the record is
			 kept". In lieu of the words "(insert agency name and address)", insert "Board
			 of Educational Examiners, 701 East Court Avenue, Suite A, Des Moines, Iowa
			 50309".
(2)
Office
			 hours.
In lieu of the words "(insert customary office hours and, if
			 agency does not have customary office hours of at least thirty hours per week,
			 insert hours specified in Iowa Code section
			 22.4) ",
			 insert "any time from 8 a.m. to 4:30 p.m. Monday through Friday, excluding
			 legal holidays".
(7)
Fees.
c.
Supervisory
			 fee.
In lieu of the words "(specify time period)", insert "one-half
			 hour". In lieu of the words "(An agency wishing to deal with search fees
			 authorized by law should do so here.)", insert "The agency will give advance
			 notice to the requester if it will be necessary to use an employee with a
			 higher hourly wage in order to find or supervise the particular records in
			 question, and shall indicate the amount of that higher hourly wage to the
			 requester".
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "the office
				of the executive director of the board".
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule
			 282-5.10 (22,272) or
			 in the notice for a particular record system.
b. To a recipient who has provided the agency
			 with advance written assurance that the record will be used solely as a
			 statistical research or reporting record, provided that the record is
			 transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of the
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of an individual if a notice of the disclosure is transmitted
			 to the last-known address of the subject.
e. To the legislative services agency under
			 Iowa Code section
			 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) "Routine
			 use" means the disclosure of a record without the consent of the subject or
			 subjects, for a purpose which is compatible with the purpose for which the
			 record was collected. It includes disclosures required to be made by statute
			 other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following are considered routine uses of all agency records:
a. Disclosure to officers, employees, and
			 agents of the agency who have a need for the record in the performance of their
			 duties. The custodian of the record may, upon request of any officer or
			 employee, or on the initiative of the custodian, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
c. Disclosure to
			 the department of inspections and appeals regarding matters in which it
			 performs services or functions on behalf of the agency.
d. Transfers of information within the
			 agency, to other state agencies, or to local units of government, as
			 appropriate, to administer the program for which the information is
			 collected.
e. Information released
			 to staff of federal and state entities for audit purposes or to determine
			 whether the agency is operating a program lawfully.
f.Any disclosure specifically authorized by
			 the statute under which the record is collected or maintained.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject.
To the extent permitted by law, the subject may consent in
			 writing to agency disclosure of confidential records as provided in rule
			 282-5.7 (272).
(2)
Complaints to public officials.
A letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may,
			 to the extent permitted by law, be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The subject of a confidential record may file a written request to review the
			 subject's confidential records as provided in rule
			 282-5.6
			 (272). However, the agency need not release the following records to the
			 subject:
a. The identity of a person
			 providing information to the agency when the information is authorized as
			 confidential pursuant to Iowa Code subsection
			 22.7(18)
			  or other provisions of law.
b. The work product of an attorney or
			 otherwise privileged information.
c. Peace officers' investigative report,
			 except as required by Iowa Code subsection
			 22.7(5).
d. Those otherwise authorized by
			 law.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Agency records are open for public inspection
			 and copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Sealed bids received
			 prior to the time set for public opening of bids under Iowa Code section
72.3.
b.
			 Tax records made available to the agency under Iowa Code sections
			 422.20
			 and
			 422.72.
c. Records which are exempt from disclosure
			 under Iowa Code section
			 22.7.
d. Minutes of closed meetings of the board of
			 educational examiners under Iowa Code subsection
			 21.5(4).
e. Identifying details in final orders,
			 decisions and opinions to the extent required to prevent a clearly unwarranted
			 invasion of personal privacy or trade secrets under Iowa Code
			 paragraph17A.3(1)
"d."
f. Portions of the agency's staff manuals,
			 instructions or other statements issued which set forth criteria or guidelines
			 to be used by agency staff in auditing, making inspections, settling commercial
			 disputes or negotiating commercial arrangements, or in the selection or
			 handling of cases, such as operational tactics or allowable tolerances or
			 criteria for the defense, prosecution, or settlement of cases, when disclosure
			 of these statements would:
(1) Enable law
			 violators to avoid detection,
(2)
			 Facilitate disregard of requirements imposed by law, or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency under Iowa Code sections
			 17A.2 and
			 17A.3.
g. Records which constitute
			 attorney work product, attorney-client communications, or which are otherwise
			 privileged. Attorney work product is confidential under Iowa Code sections
			 22.7(4),
			 622.10
			 and
			 622.11, Iowa R.
			 Civ. P. 1.503, Fed. R. Civ. P. 26(b)(3), and case law. Attorney-client
			 communications are confidential under Iowa Code sections
			 622.10
			 and
			 622.11, the rules
			 of evidence, the Code of Professional Responsibility, and case law.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of the personally
				identifiable information which is collected, maintained, and retrieved by the
				agency by personal identifier in record systems as defined in rule
				282-5.1 (272). For
				each record system, this rule describes the legal authority for the collection
				of information, the means of storage of information and whether a data
				processing system matches, collates or permits the comparison of personally
				identifiable information in one record system with that in another record
				system. The record systems maintained by the agency are:
(1)
Cases dismissed.
These
			 records contain data supplied by persons or parties filing complaints and
			 responses with the agency, and contain personally identifiable information such
			 as student name(s), teacher name, administrator name, addresses, disciplinary
			 records, and investigatory reports. This information is collected pursuant to
			 Iowa Code chapter 272 and this chapter, and is stored on paper; most of the
			 data are on an automated data processing system.
(2)
Cases decided.
These
			 records contain data supplied by persons or parties filing complaints and
			 responses with the agency and contain personally identifiable information such
			 as student name(s), teacher name, administrator name, addresses, disciplinary
			 records, and investigatory reports. This information is collected pursuant to
			 Iowa Code chapter 272 and this chapter and is stored on paper; most of the data
			 are on an automated data processing system.
(3)
Litigation files.
These
			 files or records contain information regarding litigation or anticipated
			 litigation, which includes judicial and administrative proceedings. The records
			 include briefs, depositions, docket sheets, documents, correspondence,
			 attorney's notes, memoranda, research materials, witness information,
			 investigation materials, information compiled under the direction of the
			 attorney, and case management records. The files contain materials which are
			 confidential as attorney work product and attorney-client communications. Some
			 materials are confidential under other applicable provisions of law or because
			 of a court order Persons wishing copies of pleadings and other documents filed
			 in litigation should obtain these from the clerk of the appropriate court which
			 maintains the official copy.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.15 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than record systems as defined in rule 282-5.2 (272). These records are
				routinely available to the public; however, the agency's files of these records
				may contain confidential information or information about individuals that is
				not confidential as discussed in rule
				282-5.13
				(272). All records are stored both on paper and in automated data processing
				systems unless otherwise noted.
(1)
Rule making.
Rule-making records may contain information about
			 individuals making written or oral comments on proposed rules or proposing
			 rules or rule amendments. This information is collected pursuant to Iowa Code
			 sections
			 17A.3,
			 17A.4,
			 and
			 17A.7.
			 These records are stored on paper and not in an automated data processing
			 system.
(2)
Board
			 records.
Records contain agendas, minutes, and materials presented to
			 the board. Records concerning closed sessions are exempt from disclosure under
			 Iowa Code subsection
			 21.5(4).
			 Board records contain information about people who participate in meetings.
			 This information is collected under the authority of Iowa Code section
			 21.3.
			 Board records are not stored in an automated data processing system.
(3)
Publications.
Publications include brochures, annual reports, video tapes, and other
			 informational materials which describe various agency programs. Agency
			 publications may contain information about individuals, including agency staff
			 or members of the board. This information is not stored in an automated data
			 processing system.
(4)
Statistical reports.
Periodic reports of agency decisions are
			 available from the board. Statistical reports are stored in an automated data
			 processing system.
(5)
Address lists/directories.
The names and mailing addresses of
			 members of boards in other states, professional organizations, public press,
			 and members of the general public evidencing interest in particular events of
			 the agency are maintained in order to provide mailing labels for mass
			 distribution of literature. This information is collected under the provisions
			 of Iowa Code chapter 272.
(6)
Case decisions and declaratory rulings.
All final orders,
			 decisions and rulings are available for public inspection in accordance with
			 Iowa Code section
			 17A.3.
			 These records may contain personally identifiable information regarding
			 individuals who are the subjects of the appeals or rulings. This information is
			 collected pursuant to Iowa Code chapters 17A and 272 and 282-Chapter 5 and is
			 not stored in an automated data processing system.
(7)
Board budget records.
These records contain data used by the board to develop annual budgets. These
			 records are stored on hard copy and on automated data processing.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.16 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the regulations of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable regulations to the
			 agency.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, a "waiver " means action by the
				board which suspends in whole or in part the requirements or provisions of a
				rule as applied to an identified person on the basis of the particular
				circumstances of that person.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of individual waivers from rules adopted by
				the board in situations where no other more specifically applicable law
				provides for waivers. To the extent another more specific provision of law
				governs the issuance of a waiver from a particular rule, the more specific
				provision shall supersede this chapter with respect to any waiver from that
				rule.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.3 - Applicability of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The board may grant a waiver from a rule only if the board has
				jurisdiction over the rule and the requested waiver is consistent with
				applicable statutes, constitutional provisions, or other provisions of law. The
				board may not waive requirements created or duties imposed by
				statute.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				282-6.6(17A), the board may in its sole discretion issue an order waiving in
				whole or in part the requirements of a rule if the board finds, based on clear
				and convincing evidence, all of the following:
1. The application of the rule would impose
			 an undue hardship on the person for whom the waiver is requested;
2. The waiver from the requirements of the
			 rule in the specific case would not prejudice the substantial legal rights of
			 any person;
3. The provisions of
			 the rule subject to the petition for a waiver are not specifically mandated by
			 statute or another provision of law; and
4. Substantially equal protection of public
			 health, safety, and welfare will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A
petition for a waiver must be submitted in
				writing to the board, as follows:
(1)
License or authorization application.
If the petition relates
			 to a license or authorization application, the petition shall be made in
			 accordance with the filing requirements for the license or authorization in
			 question.
(2)
Contested
			 cases.
If the petition relates to a pending contested case, the
			 petition shall be filed in the contested case proceeding, using the caption of
			 the contested case.
(3)
Other
If the petition does not relate to a license
			 application or a pending contested case, the petition may be submitted to the
			 board's executive director.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, and telephone number of
			 the person or entity for whom a waiver is being requested, and the case number
			 of any related contested case.
2. A
			 description and citation of the specific rule from which a waiver is
			 requested.
3. The specific waiver
			 requested, including the precise scope and duration.
4. The relevant facts that the petitioner
			 believes would justify a waiver under each of the four criteria described in
			 rule 6.4(17A). This statement shall include a signed statement from the
			 petitioner attesting to the accuracy of the facts provided in the petition, and
			 a statement of reasons that the petitioner believes will justify a
			 waiver
5. A history of any prior
			 contacts between the board and the petitioner relating to the regulated
			 activity, license, or authorization affected by the proposed waiver, including
			 a description of each affected license or authorization held by the requester,
			 any notices of violation, contested case hearings, or investigative reports
			 relating to the regulated activity or license within the last five
			 years.
6. Any information known to
			 the requester regarding the board's treatment of similar cases.
7. The name, address, and telephone number of
			 any public agency or political subdivision which also regulates the activity in
			 question, or which might be affected by the grant of a waiver
8. The name, address, and telephone number of
			 any person or entity that would be adversely affected by the grant of a
			 petition.
9. The name, address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver.
10. Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the board with information relevant to the waiver
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				board may request additional information from the petitioner relative to the
				petition and surrounding circumstances. If the petition was not filed in a
				contested case, the board may, on its own motion or at the petitioner's
				request, schedule a telephonic or in-person meeting between the petitioner and
				the board's executive director, a committee of the board, or a quorum of the
				board.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall acknowledge a petition upon receipt. The board
				shall ensure that notice of the pendency of the petition and a concise summary
				of its contents have been provided to all persons to whom notice is required by
				any provision of law within 30 days of the receipt of the petition. In
				addition, the board may give notice to other persons. To accomplish this notice
				provision, the board may require the petitioner to serve the notice on all
				persons to whom notice is required by any provision of law, and provide a
				written statement to the board attesting that notice has been
				provided.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10
				to
				17A.18A
				regarding contested case hearings shall apply to any petition for a waiver
				filed within a contested case, and shall otherwise apply to agency proceedings
				for a waiver only when the board so provides by rule or order or is required to
				do so by statute.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and duration
				of the waiver if one is issued.
(1)
Board discretion.
The final decision on whether the
			 circumstances justify the granting of a waiver shall be made at the sole
			 discretion of the board, upon consideration of all relevant factors. Each
			 petition for a waiver shall be evaluated by the board based on the unique,
			 individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
			 convincing evidence that the board should exercise its discretion to grant a
			 waiver from a board rule.
(3)
Narrowly tailored.
A waiver, if granted, shall provide the
			 narrowest exception possible to the provisions of a rule.
(4)
Administrative
			 deadlines.
When the rule from which a waiver is sought establishes
			 administrative deadlines, the board shall balance the special individual
			 circumstances of the petitioner with the overall goal of uniform treatment of
			 all similarly situated persons.
(5)
Conditions.
The board may place any condition on a waiver that
			 the board finds desirable to protect the public health, safety, and
			 welfare.
(6)
Time period of
			 waiver
A waiver shall not be permanent unless the petitioner can show
			 that a temporary waiver would be impracticable. If a temporary waiver is
			 granted, there is no automatic right to renewal. At the sole discretion of the
			 board, a waiver may be renewed if the board finds that grounds for a waiver
			 continue to exist.
(7)
Time
			 for ruling.
The board shall grant or deny a petition for a waiver as
			 soon as practicable but, in any event, shall do so within 120 days of its
			 receipt, unless the petitioner agrees to a later date. However, if a petition
			 is filed in a contested case, the board shall grant or deny the petition no
			 later than the time at which the final decision in that contested case is
			 issued.
(8)
When deemed
			 denied.
Failure of the board to grant or deny a petition within the
			 required time period shall be deemed a denial of that petition by the board.
			 However, the board shall remain responsible for issuing an order denying a
			 waiver
(9)
Service of
			 order
Within seven days of its issuance, any order issued under this
			 chapter shall be transmitted to the petitioner or the person to whom the order
			 pertains, and to any other person entitled to such notice by any provision of
			 law.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				indexed, filed, and available for public inspection as provided in Iowa Code
				section
				17A.3.
				Petitions for a waiver and orders granting or denying a waiver petition are
				public records under Iowa Code chapter 22. Some petitions or orders may contain
				information the board is authorized or required to keep confidential. The board
				may accordingly redact confidential information from petitions or orders prior
				to public inspection.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.12 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall submit information about granted and denied
				waivers to the Internet site pursuant to Iowa Code section
				17A.9A within 60 days.
				The Internet site shall identify the rules for which a waiver has been granted
				or denied, the number of times a waiver was granted or denied for each rule, a
				citation to the statutory provisions implemented by the rules, and a general
				summary of the reasons justifying the board's actions on waiver requests. If
				practicable, the report shall detail the extent to which the granting of a
				waiver has affected the general applicability of the rule itself and the extent
				to which the granting of the waiver has established a precedent for additional
				waivers.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be
				withdrawn, canceled, or modified if, after appropriate notice and hearing, the
				board issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver order withheld or misrepresented material facts relevant
			 to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
			 the public health, safety and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to comply with all conditions contained in the order
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as
				a violation of the particular rule for which the waiver was granted. As a
				result, the recipient of a waiver under this chapter who violates a condition
				of the waiver may be subject to the same remedies or penalties as a person who
				violates the rule at issue.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 6 - Waivers From Administrative Rules › Rule 282-6.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order is
				a defense within its terms and the specific facts indicated therein for the
				person to whom the order pertains in any proceeding in which the rule in
				question is sought to be invoked.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 7 - Proof of Legal Presence › Rule 282-7.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for applicants and
				licensees of the board of educational examiners to establish proof of legal
				presence pursuant to the Personal Responsibility and Work Opportunity
				Reconciliation Act of 1996 (
				8
				U.S.C. 1621) .
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 7 - Proof of Legal Presence › Rule 282-7.2 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Applicants and
			 licensees who are U.S. citizens or permanent resident aliens may be requested
			 to produce evidence of their lawful presence in the United States as a
			 condition of initial licensure or license renewal. If requested, submission of
			 evidence will be required once. Acceptable evidence (List A) is outlined in
			 subrule 7.3(1).
(2) Applicants and
			 licensees residing in the United States, other than those described in subrule
			 7.2(1) above, may be requested to provide evidence of lawful presence in the
			 United States at the time of initial licensure and with every subsequent
			 renewal. Acceptable evidence (List B) is outlined in subrule 7.3(2).
(3) Evidence shall not be required by foreign
			 national applicants or licensees who are not physically present in the United
			 States.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 7 - Proof of Legal Presence › Rule 282-7.3 - Acceptable Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall accept as proof of lawful presence in the
				United States documents outlined in Lists A and B below. The board will not
				routinely retain the evidence sent and will not return the evidence once
				submitted. Documents may be retained by the board in computer "imaged" format.
				Legible copies of documents will be accepted. Original documents will not be
				required unless a question arises concerning the documentation
				submitted.
(1)
List
			 A-acceptable documents to establish U.S. citizenship.
a. A copy of a birth certificate issued in or
			 by a city, county, state, or other governmental entity within the United States
			 or its outlying possessions.
b.
U.S. Certificate of Birth Abroad (FS-545, DS-135) or a Report
				of Birth Abroad of U.S. Citizen (FS-240).
c. A birth certificate or passport issued
			 from:
(1) Puerto Rico, on or after January
			 13, 1941.
(2) Guam, on or after
			 April 10, 1989.
(3) U.S. Virgin
			 Islands, on or after February 12, 1927.
(4) Northern Mariana Islands after November
			 4, 1986.
(5) American
			 Samoa.
(6) Swain's
			 Island.
(7) District of
			 Columbia.
d. A U.S.
			 passport (expired or unexpired).
e.
			 Certificate of Naturalization (N-550, N-570, N-578).
f. Certificate of Citizenship (N-560, N-561,
			 N-645).
g.
U.S. Citizen Identification Card
				(1-79,1-197).
h. An
			 individual Fee Register Receipt (Form G-711) that shows that the person has
			 filed an application for a New Naturalization or Citizenship Paper (Form
			 N-565).
i. Any other acceptable
			 document which establishes a U.S. place of birth or indicates U.S.
			 citizenship.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 8 - Debts to State or Local Government-noncompliance › Rule 282-8.3 - Sharing of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any statutory confidentiality provision, the
				board may share information with the centralized collection unit for the sole
				purpose of identifying applicants or licensees subject to enforcement under
				Iowa Code chapter
272D.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 10 - Child Support Noncompliance › Rule 282-10.3 - Sharing of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any statutory confidentiality provision, the
				board may share information with the child support recovery unit of the
				department of human services through manual or automated means for the sole
				purpose of identifying applicants or licensees subject to enforcement under
				Iowa Code chapter 252J or 598.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Board"
means the board of educational
				examiners.
"Complainant"
means any qualified party who
				files a complaint with the board.
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5)
				 and includes any matter defined as a no
				factual dispute contested case under Iowa Code section I7A.10A.
"Issuance "
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding officer"
means an administrative
				law judge from the Iowa department of inspections and appeals or the full board
				or a three-member panel of the board.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the full board did not preside.
"Respondent"
means any individual who is
				charged in a complaint with violating the criteria of professional practices or
				the criteria of competent performance.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.3 - Jurisdictional Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The case must relate to alleged violation of the criteria of professional
			 practices or the criteria of competent performance.
(2) The magnitude of the alleged violation
			 must be adequate to warrant a hearing by the board.
(3) There must be sufficient evidence to
			 support the complaint.
(4) The
			 complaint must be filed by a person who has personal knowledge of an alleged
			 violation and must include a concise statement of facts which clearly and
			 specifically apprises the respondent of the details of the
			 allegation(s).
(5) The complaint
			 must be filed within three years of the occurrence of the conduct upon which it
			 is based or discovery of the conduct by the complainant imless good cause can
			 be shown for extension of this lunitation.
(6) The jurisdictional requirements must be
			 met on the face of the complaint before the board may order an investigation of
			 the allegation(s) of the complaint.
(7) As an additional factor, it should appear
			 that a reasonable effort has been made to resolve the problem on the local
			 level. However, the absence of such an effort shall not preclude investigation
			 by the board.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.5 - Investigation of Complaints or License Reports

Current through Register Vol. 47, No. 3, July 24, 2024
The chairperson of the board or the chairperson's designee may
				request an investigator to investigate the complaint or report received by the
				board from another state, territory or other jurisdiction concerning license or
				certificate revocation or suspension pursuant to subrule 11.4(7); providing
				that the jurisdictional requirements have been met on the face of the
				complaint. The investigation shall be limited to the allegations contained on
				the face of the complaint. The investigator may consult an assistant attorney
				general concerning the investigation or evidence produced from the
				investigation. Upon completion of the investigation, the investigator shall
				prepare a report of the investigation for consideration by the board in
				determining whether probable cause exists. The investigation of the complaint
				shall be finalized even if the licensed practitioner resigns or surrenders the
				practitioner's license, certificate, authorization, or statement of recognition
				during the investigation. The board shall investigate whether or not an
				administrator who is employed by the school that employs a licensed
				practitioner who is the subject of an investigation initiated under Iowa Code
				section 256.160(1)
"a"
filed a written complaint and whether or
				not the administrator was required to report to the board pursuant to Iowa Code
				section 256.160.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.6 - Ruling on the Initial Inquiry

Current through Register Vol. 47, No. 3, July 24, 2024
Upon review of the investigator's report, the board may take
				any of the following actions:
(1)
			 Reject the case. If a determination is made by the board to reject the case,
			 the complaint shall be returned to the complainant along with a statement
			 specifying the reasons for rejection. A letter of explanation concerning the
			 decision of the board shall be sent to the respondent.
(2) Require further inquiry. If determination
			 is made by the board to order further inquiry, the complaint and
			 recommendations by the investigator(s) shall be returned to the investigator(s)
			 along with a statement specifying the information deemed necessary.
(3) Accept the case. If a determination is
			 made by the board that probable cause exists to conclude that the criteria of
			 professional practices or the criteria of competent performance have been
			 violated, notice may be issued, pursuant to rule
			 282-11.7
			 (17A,272), and a formal hearing may be conducted in accordance with rules
			 282-11.7
			 (17A,272) to
			 282-11.21
			 (17A,272), unless a voluntary waiver of hearing has been filed by the
			 respondent pursuant to the provisions of subrule 11.4(6). In determining
			 whether to issue a notice of hearing, the board may consider the following:
a. Whether the alleged violation is of
			 sufficient magnitude to warrant a hearing by the board.
b. Whether there is sufficient evidence to
			 support the complaint.
c. Whether
			 the alleged violation was an isolated incident.
d. Whether adequate steps have been taken at
			 the local level to ensure similar behavior does not occur in the
			 future.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.7 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
			 commencement of the contested case proceeding. Delivery may be executed by:
a. Personal service as provided in the Iowa
			 Rules of Civil Procedure; or
b.
			 Certified mail, return receipt requested; or
c. First-class mail; or
d. Publication, as provided in the Iowa Rules
			 of Civil Procedure.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.8 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Any party who wishes to request that the presiding officer assigned to render a
			 proposed decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within 20 days after
			 service of a notice of hearing which identifies or describes the presiding
			 officer as the board.
(2) The board
			 may deny the request only upon a finding that one or more of the following
			 apply:
a. Neither the board nor any officer
			 of the board under whose authority the contested case is to take place is a
			 named party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. An administrative law judge with the
			 qualifications identified in subrule 11.8(4) is unavailable to hear the case
			 within a reasonable time.
d. The
			 case involves significant policy issues of first impression that are
			 inextricably intertwined with the factual issues presented.
e. The demeanor of the witnesses is likely to
			 be dispositive in resolving the disputed factual issues.
f.Funds are unavailable to pay the costs of
			 an administrative law judge and an interagency appeal.
g. The request was not timely
			 filed.
h. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.9 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter However, the board in
				its discretion may refuse to give effect to such a waiver when it deems the
				waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.10 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference in which all parties have an opportunity to
				participate. Other telephone proceedings may be held with the consent of all
				parties. The presiding officer will determine the location of the parties and
				witnesses for telephone hearings. The convenience of the witnesses or parties,
				as well as the nature of the case, will be considered when location is
				chosen.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.11 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or board member shall withdraw from participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f.Has a spouse or relative within the third
			 degree of relationship that:
(1) is a party
			 to the case, or an officer, director or trustee of a party;
(2) is a lawyer in the case;
(3) is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) is likely to be a material witness in the
			 case; or
g. Has any
			 other legally sufficient cause to withdraw from participation in the decision
			 making in that case.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.12 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
(a) the matters at issue involve common
			 parties or common questions of fact or law;
(b) consolidation would expedite and simplify
			 consideration of the issues involved; and
(c) consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.