reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 42 - Public Records and Fair Information Practices › Rule 871-42.12 - 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 law or rule.
(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. Labor market records made
			 available to the agency under an agreement with the United States Department of
			 Labor, Bureau of Labor Statistics, and withheld from public inspection pursuant
			 to 29 Code of Federal Regulations 70 dated July 1, 1987.
b. County economic development survey records
			 made available to the agency under an agreement with the department of workforce
			 development, and withheld from public inspection pursuant to Iowa Code subsection
			 96.11(7).
c. Sealed bids received prior to the time set
			 for public opening of bids pursuant to Iowa Code section
			 72.3.
d. Tax records made available to the agency
			 pursuant to Iowa Code sections
			 422.20 and
			 422.72.
e. Records which are exempt from disclosure
			 under Iowa Code section
			 22.7.
f. Minutes of closed meetings of a government
			 body pursuant to Iowa Code subsection
			 21.5(4).
g. 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 section
			 I7A.3(1)
"d."
h.
			 Those portions of the agency's staff manuals, instructions or other statements
			 issued which set forth criteria or guidelines to be used by the agency staff in
			 auditing, in making inspections, in 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,
			 pursuant to Iowa Code sections I7A.2 and I7A.3:
(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.
i. Records which constitute attorney work
			 product, attorney-client communications, or which are otherwise privileged.
			 Attorney work product is confidential under Iowa Code subsection
			 22.7(4), section
			 622.10, and section
			 622.11, Iowa R.C.R 122(c), Fed. R.
			 Civ. R 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.
j. Unemployment insurance division tax and
			 claim records pursuant to Iowa Code section
			 96.11(6)  unless
			 the records become part of the record in a hearing before an administrative law
			 judge in a contested case pursuant to Iowa Code chapter 96.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 42 - Public Records and Fair Information Practices › Rule 871-42.14 - 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 persons 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 of the agency.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 43 - Petitions for Rule Making › Rule 871-43.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition for rule making with the agency at
				1000 East Grand Avenue, Des Moines, Iowa 50319. A petition is deemed filed when
				it is received by that office. The agency must provide the petitioner with a
				file-stamped copy of the petition if the petitioner provides the agency an extra
				copy for this purpose. The petition must be typewritten, or legibly handwritten
				in ink, and must substantially conform to the following form:
DEPARTMENT OF WORKFORCE DEVELOPMENT
Petition by (Name of Petitioner) for the (adoption, amendment, or
				repeal) of rules relating to (state subject matter).
}
PETITION FOR RULE MAKING
The petition must provide the following information:
1. A statement of the specific rule-making
			 action sought by the petitioner, including the text or a summary of the contents
			 of the proposed rule or amendment to a rule, and, if it is a petition to amend or
			 repeal a rule, a citation and the relevant language to the particular portion or
			 portions of the rule proposed to be amended or repealed.
2. A citation to any law deemed relevant to the
			 agency's authority to take the action urged or to the desirability of that
			 action.
3. A brief summary of
			 petitioner's arguments in support of the action urged in the petition.
4. A brief summary of any data supporting the
			 action urged in the petition.
5. The
			 names and addresses of other persons, or a description of any class of persons,
			 known by petitioner to be affected by, or interested in, the proposed action
			 which is the subject of the petition.
6. Any request by petitioner for a meeting
			 provided for by rule 43.4(17A,84A).
(1) The
			 petition must be dated and signed by the petitioner or the petitioner's
			 representative. It must also include the name, mailing address, and telephone
			 number of the petitioner and petitioner's representative, and a statement
			 indicating the person to whom communications concerning the petition should be
			 directed.
(2) The agency may deny a
			 petition because it does not substantially conform to the required
			 form.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 43 - Petitions for Rule Making › Rule 871-43.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of
				the action urged in the petition. The agency may request a brief from the
				petitioner or from any other person concerning the substance of the
				petition.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 43 - Petitions for Rule Making › Rule 871-43.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making may
				be made to the director of the Department of Workforce Development, 1000 East
				Grand Avenue, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 43 - Petitions for Rule Making › Rule 871-43.4 - Agency Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within 14 days after the filing of a petition, the agency must submit a copy of
			 the petition and any accompanying brief to the administrative rules coordinator
			 and to the administrative rules review committee. Upon request by petitioner in
			 the petition, the agency must schedule a brief and informal meeting between the
			 petitioner and the agency, a member of the agency, or a member of the staff of
			 the agency, to discuss the petition. The agency may request the petitioner to
			 submit additional information or argument concerning the petition. The agency may
			 also solicit comments from any person on the substance of the petition. Also,
			 comments on the substance of the petition may be submitted to the agency by any
			 person.
(2) Within 60 days after the
			 filing of the petition, or within any longer period agreed to by the petitioner,
			 the agency must, in writing, deny the petition and notify petitioner of its
			 action and the specific grounds for the denial, or grant the petition and notify
			 the petitioner that it has instituted rule-making proceedings on the subject of
			 the petition. Petitioner shall be deemed notified of the denial or grant of the
			 petition on the date when the agency mails or delivers the required notification
			 to petitioner
(3) Denial of petition
			 because it does not substantially conform to the required form does not preclude
			 the filing of a new petition on the same subject that seeks to eliminate the
			 groimds for the agency's rejection of the petition.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 43 - Petitions for Rule Making › Rule 871-43.5 - Criticism of Agency Rule

Current through Register Vol. 47, No. 3, July 24, 2024
The Division Administrator of the Division of Unemployment
				Insurance Services, Department of Workforce Development, 1000 East Grand Avenue,
				Des Moines, Iowa 50319, is designated as the office where interested persons may
				submit criticism by mail regarding a rule of the workforce development
				department, Iowa Administrative Code. A criticism of a specific rule must be more
				than a mere lack of understanding or a dislike of a rule. To constitute a
				criticism of a rule, the criticism must be in writing, indicate it is a criticism
				of a specific rule, be signed by the complainant, not be part of any other filing
				with the department of workforce development, and have a rational basis. All
				requests for criticism received on any rule will be kept in a separate record for
				a period of five years by the decision of unemployment insurance services and be
				a public record open for public inspection. All requests for criticism must be in
				the following format:
DEPARTMENT OF WORKFORCE DEVELOPMENT DIVISION OF UNEMPLOYMENT
				INSURANCE SERVICES
(NAME OF PERSON SUBMITTING CRITICISM).
}
CRITICISM OF (SPECIFY RULE THAT IS UNDER CRITICISM).
Name, address, telephone number and signature of person
				submitting the criticism. Reasons for criticism:
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the agency for a declaratory
				order as to the applicability to specified circumstances of a statute, rule, or
				order within the primary jurisdiction of the department of workforce development
				at 1000 East Grand Avenue, Des Moines, Iowa 50319. If the petition deals with a
				statute within the express jurisdiction of one of the divisions, it shall be
				forwarded to that division for determination. Service of petitions for district
				court review of all agency decisions, rulings and actions (where such service is
				required by Iowa Code chapter 17A) shall be made by the agency. Declaratory
				orders made by the divisions will be considered final rulings for the agency with
				regard to Iowa Code chapter 17A.
A petition is deemed filed when it is received by that office.
				The agency shall provide the petitioner with a file-stamped copy of the petition
				if the petitioner provides the agency an extra copy for this purpose. The
				petition must be typewritten or legibly handwritten in ink and must substantially
				conform to the following form:
DEPARTMENT OF WORKFORCE DEVELOPMENT
Petition by (Name of Petitioner) for a Declaratory Order on (Cite
				provisions of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of the
			 specific statutes, rules, policies, decisions, or orders, whose applicability is
			 questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4. The
			 answers to the questions desired by the petitioner and a summary of the reasons
			 urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions at
			 issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by any
			 governmental entity.
7. The names and
			 addresses of other persons, or a description of any class of persons, known by
			 petitioner to be affected by, or interested in, the questions presented in the
			 petition.
8. Any request by
			 petitioner for a meeting provided for by rule 44.4(17A,84A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address, and
				telephone number of the petitioner and petitioner's representative, and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the agency shall give notice of the petition to all persons not served by
				the petitioner pursuant to rule 44.6(17A) to whom notice is required by any
				provision of law. The agency may also give notice to any other
				persons.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
			 qualify under any applicable provision of law as an intervenor and who file a
			 petition for intervention within 20 days of the filing of a petition for
			 declaratory order shall be allowed to intervene in a proceeding for a declaratory
			 order
(2) Any person who files a
			 petition for intervention at any time prior to the issuance of an order may be
			 allowed to intervene in a proceeding for a declaratory order at the discretion of
			 the department of workforce development.
(3) A petition for intervention shall be filed
			 at 1000 East Grand Avenue, Des Moines, Iowa 50319. Such a petition is deemed
			 filed when it is received by that office. The agency will provide the petitioner
			 with a file-stamped copy of the petition for intervention if the petitioner
			 provides an extra copy for this purpose. A petition for intervention must be
			 typewritten or legibly handwritten in ink and must substantially conform to the
			 following form:
DEPARTMENT OF WORKFORCE DEVELOPMENT
Petition by (Name of Original Petitioner) for a Declaratory Order
				on (Cite provisions of law cited in original petition).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support of
			 those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervenor's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervenor's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any additional
			 class of persons, known by the intervenor to be affected by, or interested in,
			 the questions presented.
6. Whether
			 the intervenor consents to be bound by the determination of the matters presented
			 in the declaratory order proceeding.
The petition must be dated and signed by the intervenor or the
				intervenor's representative. It must also include the name, mailing address, and
				telephone number of the intervenor and intervenor's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The department of workforce development may request a brief
				from the petitioner, any intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order proceeding
				may be made to the director of the Department of Workforce Development, 1000 East
				Grand Avenue, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the questions
			 presented, simultaneously with their filing. The party filing a document is
			 responsible for service on all parties and other affected or interested
			 persons.
(2)
Filing-when
			 required.
All petitions for declaratory orders, petitions for
			 intervention, briefs, or other papers in a proceeding for a declaratory order
			 shall be filed with the director of the Department of Workforce Development, 1000
			 East Grand Avenue, Des Moines, Iowa 50319. All petitions, briefs, or other papers
			 that are required to be served upon a party shall be filed simultaneously with
			 the department of workforce development.
(3)
Method of service, time of filing,
			 and proof of mailing.
Method of service, time of filing, and proof of
			 mailing shall be as provided by rule
			 871-26.11 (17A,96).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the department of workforce
				development must schedule a brief and informal meeting between the original
				petitioner, all intervenors and a member of the staff of the department of
				workforce development to discuss the questions raised. The agency may solicit
				comments from any person on the questions raised. Also, comments on the questions
				raised may be submitted to the department of workforce development by any
				person.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within the time allowed by Iowa Code section
			 17A.9(5)  after
			 receipt of a petition or a declaratory order, the director of the department of
			 workforce development or designee shall take action on the petition as required
			 by Iowa Code section 17A.9(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order is as defined in rule
			 877-26.2 (17A,96).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
			 of workforce development shall not issue a declaratory order where prohibited by
			 Iowa Code section 17A.9(1)  and may
			 refuse to issue a declaratory order on some or all questions raised for the
			 following reasons:
1. The petition does not
			 substantially comply with the required form.
2. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the failure of the department of workforce development to issue an
			 order
3. The agency does not have
			 jurisdiction over the questions presented in the petition.
4. The questions presented by the petition are
			 also presented in a current rule making, contested case, or other agency or
			 judicial proceeding that may definitively resolve them.
5. The questions presented by the petition
			 would more properly be resolved in a different type of proceeding or by another
			 body with jurisdiction over the matter.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue a order
7.
			 There is no need to issue an order because the questions raised in the petition
			 have been settled due to a change in circumstances.
8. The petition is not based upon facts
			 calculated to aid in the planning of future conduct but is, instead, based solely
			 upon prior conduct in an effort to establish the effect of that conduct or to
			 challenge an agency decision already made.
9. The petition requests a declaratory order
			 that would necessarily determine the legal rights, duties, or responsibilities of
			 other persons who have not joined in the petition, intervened separately, or
			 filed a similar petition and whose position on the questions presented may fairly
			 be presumed to be adverse to that petitioner
10. The petitioner requests the agency to
			 determine whether a statute is unconstitutional on its face.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the ruling itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors, the
				specific statutes, rules, policies, decisions, or orders involved, the particular
				facts upon which it is based, and the reasons for its conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 44 - Declaratory Orders › Rule 871-44.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the
				department of workforce development, the petitioner, and any intervenors who
				consent to be bound and is applicable only in circumstances where the relevant
				facts and the law involved are indistinguishable from those on which the order
				was based. As to all other persons, a declaratory order serves only as precedent
				and is not binding on the department of workforce development. The issuance of a
				declaratory order constitutes final agency action on the
				petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division I - Administration › Rule 875-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions of terms in Iowa Code section
				  17A.2 shall apply to
				  these terms as they are used throughout this chapter In addition, as used in
				  this chapter:
"Commissioner"
means the labor commissioner
				  of the division of labor services or designee.
"Division"
means the division of labor
				  services of the department of workforce development.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division I - Administration › Rule 875-1.2 - Scope and Application

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter describes the organization of the division, the
				  laws it enforces, and the methods by which and location where the public may
				  obtain information or make submissions or requests.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division I - Administration › Rule 875-1.3 - Description of the Division

Current through Register Vol. 47, No. 3, July 24, 2024
General authority for the division is set forth in Iowa Code
				  chapter 91. The labor commissioner is the executive head of the division and is
				  appointed by the governor and confirmed by the senate. The division also
				  includes employees under the supervision of the commissioner, the elevator
				  safety board, and the boiler and pressure vessel board.
(1) The function of the division is to
				administer and enforce the following:
a.
				Bidder preference in government construction contracts as set forth in Iowa
				Code section 73A.21;
b. Collection
				of payments owed to the workers' compensation second injury fund as set forth
				in Iowa Code section
				85.68;
c. The occupational safety and health program
				as set forth in Iowa Code chapter 88;
d. The amusement ride safety program as set
				forth in Iowa Code chapter 88A;
e.
				The asbestos removal and encapsulation program as set forth in Iowa Code
				chapter 88B;
f. The boiler and
				unfired steam pressure vessel program as set forth in Iowa Code chapter
				89;
g. The conveyance safety
				program as set forth in Iowa Code chapter 89A;
h. The hazardous chemicals risks right to
				know program as set forth in Iowa Code chapter 89B;
i. The boxing, mixed martial arts, and
				wrestling program as set forth in Iowa Code chapter 90A;
j. The wage payment collection program as set
				forth in Iowa Code chapter 91A;
k.
				The construction contractor registration and bonding program as set forth in
				Iowa Code chapter 91C;
l. The
				minimum wage program as set forth in Iowa Code chapter 91D;
m. The employment of non-English speaking
				employees program as set forth in Iowa Code chapter 91E;
n. The child labor program as set forth in
				Iowa Code chapter 92; and
o. The
				employment agency licensing program as set forth in Iowa Code chapter
				94A.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.11 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statement of policy.
These rules are intended to implement
				Iowa Code chapter 22. Division staff shall cooperate with members of the public
				and other agencies in implementing the provisions of these rules.
(2)
Scope of rules.
Rules
				875-1.11
				(22,91) to
				875-1.23
				(22,91) do not:
a. Require the division to
				index or retrieve records which contain information about an individual by that
				person's name or other personal identifier
b. Make available to the general public a
				record which would otherwise not be available to the general public under Iowa
				Code chapter 22.
c. Govern a record
				in the possession of the division which is governed by the rules of another
				agency.
d. Apply to grantees,
				including local governments or subdivisions thereof, administering state-funded
				programs, unless otherwise provided by law or agreement.
e. Make available records compiled by the
				division in reasonable anticipation of court litigation or formal
				administrative proceedings. The availability of these records to the general
				public or to any subject individual or party to the litigation or proceeding
				shall be governed by applicable legal and constitutional principles, statutes,
				rules of discovery, evidentiary privileges, and applicable rules of the
				division.
f. Apply to records which
				are not yet in existence.
g.
				Require the division to create, compile, or procure a record solely for the
				purpose of making it available.
h.
				Limit distribution of materials created or obtained by the division for the
				purpose of public distribution such as publications and lending
				materials.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.12 - Request for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing a request.
A request for access to a record may be sent
				to the division at 150 Des Moines Street, Des Moines, Iowa 50319, or submitted
				at
iowaopenrecords.nextrequest.com
. A request for
				access may be sent via facsimile to (515)281-7995 or may be delivered to the
				division's office at 150 Des Moines Street, Des Moines, Iowa. If a request for
				access to a record is misdirected, division personnel will promptly forward the
				request to the appropriate person within the division.
(2)
Office hours.
Open
				records shall be made available during all customary office hours, which are 8
				a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays, and legal
				holidays.
(3)
Request for
				access.
A request for access to open records shall identify the
				particular record sought by name or description in order to facilitate the
				location of the record. Written requests shall include the name, address, and
				telephone number of the person requesting the information. A person shall not
				be required to give a reason for requesting an open record.
(4)
Response to request.
The
				response to a request for a single, open record shall generally be immediate.
				If the size or nature of the request requires time for compliance, the
				custodian shall comply with the request as soon as feasible. Examples of
				situations where a request may be delayed include, but are not limited to, the
				following:
a. Searching for, collecting, and
				copying a voluminous amount of separate and distinct records included in a
				single request, especially if both confidential and open records are
				included.
b. Retrieving a record
				from archival storage.
c. Any of
				the purposes authorized by Iowa Code subsections
				22.8(4)  and
				22.10(4).
d. Specialized
				reproduction of records such as but not limited to videotapes and audiotapes.
				The custodian may deny access to the record by a member of the public only on
				the grounds that a denial is warranted under Iowa Code subsections
				22.8(4)  and
				22.10(4), or that the record is a confidential record, or that disclosure is
				prohibited by a court order. Access by a member of the public to a confidential
				record is limited by law and may generally be provided only in accordance with
				the provisions of rule
				875-1.13 (22,91) and other
				applicable provisions of law.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.13 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				  22.7 or other
				  applicable provisions of law, the custodian may disclose certain confidential
				  records to one or more members of the public. Other provisions of law authorize
				  or require the custodian to release specified confidential records under
				  certain circumstances or to particular persons. In requesting the custodian to
				  permit the examination and copying of the confidential record, the following
				  procedures apply and are in addition to those specified for requests for access
				  to records in rule
				  875-1.12
				  (22,91).
(1)
Proof of
				identity.
A person requesting access to a confidential record may be
				required to provide proof of identity or authority to secure access to the
				record.
(2)
Requests.
The custodian may require a request to examine or
				copy a confidential record to be made in writing. A person requesting access to
				such a record may be required to sign a certified statement or affidavit
				enumerating the specific reasons justifying access to the confidential record
				and to provide any proof necessary to establish relevant facts.
(3)
Notice to subject of record and
				opportunity to obtain injunction.
After the custodian receives a
				request for access to a confidential record, and before the custodian releases
				the record, the custodian may make reasonable efforts to notify promptly any
				person who is a subject of that record, is identified in that record, and whose
				address or telephone number is contained in that record. To the extent the
				delay is practicable and in the public interest, the custodian may give the
				subject a reasonable opportunity to seek an injunction under Iowa Code section
				22.8
				and indicate to the subject of the record the specific period of time during
				which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
				custodian denies a request for access to a confidential record, the custodian
				shall promptly notify the requester If the requester indicates to the custodian
				that a written notification of the denial is desired, the custodian shall
				provide notification, signed by the custodian, including:
a. The name and title or position of the
				custodian responsible for the denial; and
b. A brief statement of the reasons for the
				denial.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.15 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may have a
				  written statement of additions, dissents, or objections entered into a record
				  containing personally identifiable information pertaining to that person.
				  However, this does not authorize a person who is a subject of a record to alter
				  the original copy or to expand the official record of any division proceeding.
				  Written statements of additions, dissents, or objections shall be sent to the
				  custodian or to the Labor Commissioner, 150 Des Moines Street, Des Moines, Iowa
				  50309. Written statements of additions, dissents, or objections must be dated
				  and signed and shall include the current address and telephone number of the
				  requester or the requester's representative.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.16 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
A person who is the subject of a confidential record may have
				  a copy of the portion of that record concerning the subject disclosed to a
				  third party to the extent permitted by law. A request for such a disclosure
				  must be in writing and must identify the particular record or records that may
				  be disclosed, and the particular person or class of persons to whom the record
				  may be disclosed and, where applicable, the time period during which the record
				  may be disclosed. The person who is the subject of the record and, where
				  applicable, the person to whom the record is to be disclosed, may be required
				  to provide proof of identity. Additional requirements may be necessary for
				  special classes of records. Appearance of counsel before the division on behalf
				  of a person who is the subject of a confidential record is deemed to constitute
				  consent for the division to disclose records about that person to the person's
				  attorney.
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 division may to the extent permitted by law be treated
				  as an authorization to release relevant information about the subject to the
				  official.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.17 - Disclosure Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
Disclosure of a confidential record may occur without the
				  consent of the subject to the extent allowed by law. Following are instances
				  where the division may disclose records without consent of the subject and
				  usually without notice:
(1) For a
				routine use as described in rule
				875-1.19 (22,91) or in the
				notice for a particular record system.
(2) To another agency for a civil,
				administrative, or criminal law enforcement activity.
(3) To a requester who has provided the
				division 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.
(4) To a requester pursuant to a showing of
				compelling circumstances affecting the health or safety of any individual if a
				notice of the disclosure is transmitted to the last-known address of the
				subject.
(5) To the legislative
				services agency under Iowa Code section
				2A.3.
(6) In response to a court order or
				subpoena.
(7) Disclosures in the
				course of division employee disciplinary proceedings.
(8) To the ombudsman under Iowa Code section
				2C.9(4).
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.18 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Any division record or portion of a record is an open
				record unless it is a confidential record as listed at 1.18(2). Any division
				record may be confidential, either in whole or in part, depending on its
				contents, except the following:
a. State
				performance activity measures; directives adopted by IOSH; and citations issued
				and received pursuant to Iowa Code chapter 88.
b. Operating permits and certificates of
				insurance relating to amusement devices or rides, concession booths, or related
				electrical equipment covered by Iowa Code chapter 88A.
c. List of permitted asbestos removal and
				encapsulation companies and asbestos ten-day notifications pursuant to Iowa
				Code chapter 88B.
d. Certificates
				of inspection concerning objects covered by Iowa Code chapter 89.
e. List of owners of facilities regulated
				under Iowa Code chapter 89A and related permits and certificates of
				insurance.
f. List of registered
				professional boxers and bonds filed by fight promoters pursuant to Iowa Code
				chapter 90A.
g. Lists of formerly
				registered construction contractors; bonds and certificates of insurance filed
				by construction contractors pursuant to Iowa Code chapter 91C; and citations
				issued pursuant to Iowa Code chapter 91C.
h. Iowa child labor Form III collected
				pursuant to Iowa Code chapter 92.
i. List of private employment agencies
				licensed pursuant to Iowa Code chapter 94A.
j. Lists of publications and educational
				materials available to the public; unaltered copies of documents published by
				the division; administrative rules; interstate agreements and interagency
				agreements to which the division is a party; purchase requests; records
				concerning the transfer of files to archives; and speech records.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.19 - Routine Uses

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent allowed by law, the following uses are
				  considered routine uses of all division records:
(1) Disclosure to government officers,
				employees, and agents who have a need for the record in the performance of
				their duties. The custodian of the record may upon request of any government
				officer, employee, or agent, or on the custodian's own initiative, determine
				what constitutes legitimate need to use a confidential record.
(2) Any disclosure specifically authorized by
				the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.20 - Release to a 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 a confidential
				record about that person as provided in rule
				875-1.12
				(22,91). However, the division need not release the following records to the
				subject:
a. The identity of a person
				providing information to the division need not be disclosed directly or
				indirectly to the subject of the information when the information is authorized
				to be held confidential pursuant to Iowa Code section
				22.7(18)
				 or other provision of law.
b. A record need not be disclosed to the
				subject when it is the work product of an attorney or is otherwise
				privileged.
c. A peace officer's
				investigative report may be withheld from the subject pursuant to Iowa Code
				section
				22.7(5).
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.21 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
The division shall notify persons completing agency forms of
				  the use that will be made of personal information, which persons outside the
				  agency might routinely be provided this information, which parts of the
				  requested information are required and which are optional, and the consequences
				  of a failure to provide the information requested. This notice may be given in
				  these rules, on the form used to collect the information, on a separate fact
				  sheet or letter, in brochures, in formal agreements, in contracts, in
				  handbooks, in manuals, verbally, or by other appropriate means. Notice need not
				  be given in connection with discovery requests in litigation or administrative
				  proceedings, subpoenas, investigations of possible violations of law, or
				  similar demands for information.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.22 - Data Processing Systems Comparison

Current through Register Vol. 47, No. 3, July 24, 2024
The first reports of injury data systems shared between the
				  labor services division and the workers' compensation division of the workforce
				  development department permit the comparison of personally identifiable
				  information in one record system with personally identifiable information in
				  another record system. Pursuant to Iowa Code chapter 252J, personally
				  identifiable information about asbestos licensees, asbestos permittees,
				  amusement ride permittees, boxers, special inspectors, registered construction
				  contractors, and private employment agency licensees found in data processing
				  systems may be matched, collated, or compared with personally identifiable
				  information in data processing systems maintained by the child support recovery
				  unit of the department of human services. All data processing systems that have
				  common data elements can potentially match, collate, and compare personally
				  identifiable information.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.31 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				  all rules adopted by the division are subject to the provisions of Iowa Code
				  chapter 17A, the Iowa administrative procedure Act, and the provisions of this
				  chapter
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.32 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the
				  division may, before publication of a Notice of Intended Action under Iowa Code
				  section
				  17A.4(1)
"a, "
solicit comments from
				  the public on a subject matter of possible rule making by the division by
				  causing notice to be published in the Iowa Administrative Bulletin of the
				  subject matter and indicating where, when, and how persons may
				  comment.
Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division III - Rule-making Procedures › Rule 875-1.34 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35
				days before the adoption of a rule, the division will cause a Notice of
				Intended Action to be published in the Iowa Administrative Bulletin. The Notice
				of Intended Action shall include:
a. A brief
				explanation of the purpose of the proposed rule;
b. The specific legal authority for the
				proposed rule;
c. Except to the
				extent impracticable, the text of the proposed rule;
d. Where, when, and how persons may present
				their views on the proposed rule; and
e. Where, when, and how persons may demand an
				oral proceeding on the proposed rule if the notice does not already provide for
				one.
Where inclusion of the complete text of a proposed rule in
				  the Notice of Intended Action is impracticable, the division will include in
				  the notice a statement fully describing the specific subject matter of the
				  omitted portion of the text of the proposed rule, the specific issues to be
				  addressed by that omitted text of the proposed rule, and the range of possible
				  choices being considered by the division for the resolution of each of those
				  issues.