reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.26 - Initial Mediation Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
The initial mediation meeting must be held within 21 days of
				the issuance of the notice of the initial mediation meeting. The initial
				mediation meeting may be held beyond the 21-day period only with the consent of
				all the parties to the mediation.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.27 - Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Farmer/creditor.
After the commencement of the mediation
			 proceedings, the mediation service may cancel the proceedings upon any of the
			 following grounds:
a. The receipt of notice
			 from the creditor requesting mediation that the default has been
			 cured;
b. The receipt of notice
			 that an agreement has been reached between the creditor requesting mediation
			 and the farm borrower;
c. The farm
			 borrower has waived mediation;
d.
			 The creditor requesting mediation withdraws the request for
			 mediation.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.28 - Procedure for Mediation Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
At the initial mediation meeting and any subsequent meetings,
				the mediator shall perform the following duties:
1. Listen to all parties;
2. Mediate between all parties;
3. Encourage compromise and workable
			 solutions;
4. Advise, counsel and
			 assist the parties in attempting to arrive at an agreement for the future
			 conduct of relations among them;
5.
			 Clarify the names of all participating parties present, and facilitate
			 agreement on the attendance of any assisting persons at the mediation meeting,
			 as well as the extent to which these persons may participate in the
			 proceedings;
6. Ensure that the
			 parties understand that the mediator does not legally represent any of the
			 parties and is neutral in the proceedings;
7. Help the parties review any proposed
			 solution to determine if it can be effectively implemented and to help the
			 parties understand the consequences of the proposed solution;
8. Review the rights and obligations of the
			 participants in the mediation process including, but not limited to, the
			 following:
*Encourage disclosure of financial data including assets,
				obligations, and other pertinent information;
*Indicate the duties and rights of the parties to the
				proceedings;
*Promote participation within the mediation
				proceedings.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.29 - Mediation Period

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Meetings.
The mediation service or the assigned mediator shall
			 schedule the mediation meetings at a neutral and convenient place and at a time
			 as convenient as possible for the parties including nights and weekends, if
			 necessary.
(2)
Mediation
			 period conclusion.
The mediation period shall be concluded within 42
			 days after the mediation service has received the mediation request.
(3)
Extension.
Upon
			 agreement of the parties participating in mediation, the mediation period may
			 be extended beyond 42 days. If a mediation agreement is under active
			 consideration at the time the mediation period expires, and the parties so
			 agree, the mediation period shall be extended and no release issued until the
			 time that the mediation agreement has been approved or rejected.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.30 - Tentative Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
If a tentative agreement is reached among the parties during
				the mediation meeting, the mediator shall draft a written statement summarizing
				what the parties have agreed to perform. Before the completion of the meeting
				the mediator and the parties shall review the specific terms of the written
				statement. The mediator shall utilize the assistance of the parties or their
				representatives as appropriate.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.31 - Review of Tentative Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
The mediator shall encourage each party to review the tentative
				agreement to be certain that it reflects their understanding of the agreement
				reached in the mediation session. The mediator may assist the parties in
				evaluating the potential implementation of the agreement. The mediator shall
				also encourage each party to have the tentative agreement reviewed by legal
				counsel and a tax adviser to review the legal and tax consequences of the
				tentative agreement. The tentative agreement may be reviewed during the session
				or during a specific time period agreed to by the parties. If after review, one
				or more of the parties rejects the tentative agreement in whole or in part, the
				mediator shall attempt to resolve the differences. The mediator may call the
				parties together for additional mediation meetings to resolve any outstanding
				differences on the elements and terms of the tentative agreement. Any new
				tentative agreement shall be signed by the parties and the mediator and sent to
				the mediation service. Copies shall be sent to all parties by the
				mediator.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.32 - Mediation Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
After the tentative agreement has been reviewed and approved,
				the mediator shall formalize the mediation agreement by affixing the mediator's
				signature and obtaining the parties' signatures to the Mediation Agreement
				form. The original mediation agreement shall be retained by the mediation
				service and each party shall be given a copy.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.33 - Mediation Release

Current through Register Vol. 47, No. 3, July 24, 2024
The following constitute a mediation release:
1. A mediation agreement;
2. A statement of waiver of mediation
			 executed by the farm borrower, farm resident or affected landowner;
3. A notice to creditors that the farm
			 borrower, farm resident or other party has failed to provide the required
			 information to the mediation service within the prescribed 21 days;
4. A statement executed by the mediator
			 indicating that a mediation meeting has been held in which the parties
			 participated with no provision for extension of time, and that no tentative
			 agreement is under consideration.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.34 - Participation

Current through Register Vol. 47, No. 3, July 24, 2024
The mediator shall issue a mediation release unless the
				creditor, other party or DNR fails to participate in at least one mediation
				meeting. The mediator shall issue a mediation release if the borrower waives or
				fails to participate in at least one mediation meeting, if the farm resident
				waives or fails to participate in at least one mediation meeting, or if the
				affected landowner withdraws the request for mediation or fails to attend the
				mediation meeting without seeking an extension of time, regardless of
				participation by the creditor, other party, or the DNR. The creditor, farm
				borrower, other party or affected landowner may be represented by another
				person, if the person participates in mediation and has authority to discuss
				the issues. These rules shall not be construed to require the creditor, other
				party or the DNR to reach an agreement to receive a mediation
				release.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.1 - Statement of Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter governs the sale of noncredit property insurance
				associated with consumer credit transactions. Pursuant to rule-making authority
				under Iowa Code section
				537.6117,
				the administrator of the Iowa Consumer Credit Code finds that noncredit
				property insurance may be sold to consumers as directed by the requirements of
				this chapter.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Consumer credit transaction"
is as defined in
				Iowa Code section
				537.1301(11).
"Credit property insurance "
means protection
				or indemnity against creditor risk of loss in connection with a specific
				consumer credit transaction secured by collateral. The definition of "credit
				property insurance" is limited to property insurance insuring personal property
				used as collateral or security in a consumer credit transaction. Subject to the
				requirements in the federal Truth-in-Lending Act, 16 CFR Section 444(1991), and
				the Iowa consumer credit code, credit property insurance is a permissible
				additional charge in a consumer credit transaction.
"Disclosure form "
means the document which
				discloses the total cost of the noncredit insurance, contains the notice to
				consumers required in subrule 20.6(2), paragraph
"a, "
and
				includes the signature space for the borrower to purchase noncredit property
				insurance.
"Noncredit property insurance"
means insurance
				protecting a borrower against risk or loss regarding personal property that is
				not used as collateral or security in any consumer credit transaction. For
				purposes of this chapter, noncredit property insurance includes insurance which
				is not credit property insurance sold on automobiles covering physical damage
				or theft of the car, but excluding insurance covering personal liability for
				use of the car. Noncredit property insurance may be sold to borrowers only as
				authorized under this chapter.
"Other credit products "
means consumer credit
				services offered by a creditor including, but not limited to, consumer loans,
				consumer leases and consumer credit sales.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.3 - Exclusions

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not apply to insurers who do not engage in
				consumer credit transactions or to creditors who engage in consumer credit
				transactions only for the purpose of selling insurance
				products.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.4 - General Conditions of Sale

Current through Register Vol. 47, No. 3, July 24, 2024
Noncredit property insurance may be sold in consumer credit
				transactions only when the sole purpose of the transaction is to finance the
				sale of noncredit property insurance. This single purpose requirement is
				satisfied when the amount financed for the transaction includes only the
				premium cost for the noncredit property insurance and applicable fees or taxes.
				Noncredit property insurance premiums may not be included within the amount
				financed of a consumer credit transaction that includes consumer loans or
				consumer credit sales for items other than the purchase of noncredit property
				insurance. Noncredit property insurance may also be purchased by cash, check or
				credit card so long as the sale of the product meets all applicable
				requirements of this chapter. The credit sale of noncredit property insurance
				premiums must also meet applicable requirements of Iowa Code section
				537.3207,
				"Form of insurance premium loan agreement."
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.5 - Sale Prohibition

Current through Register Vol. 47, No. 3, July 24, 2024
No verbal or written sales efforts regarding noncredit property
				insurance may be made until the initial loan or credit transaction has been
				closed and the entire proceeds of the other credit products have been received
				by the consumer. In addition, creditors may not prepare documents for the sale
				of noncredit property insurance until the entire proceeds of the other credit
				products have been received by the borrower.
Should a borrower independently inquire about the purchase of
				noncredit property insurance, the creditor may inform the borrower that the
				company offers such insurance for sale, but that the terms of insurance may not
				be discussed until after the sale of other credit products has been
				completed.
This prohibition does not prevent creditors from clearly
				disclosing to consumers that credit property insurance insures only a portion
				of the personal property owned by a borrower.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.6 - Disclosures

Current through Register Vol. 47, No. 3, July 24, 2024
Creditors may offer for sale noncredit property insurance only
				after the following disclosures have been made.
(1)
Initial disclosures.
Creditors must comply with the following initial disclosure requirements prior
			 to preparing any written documents related to the sale of noncredit property
			 insurance.
a. The creditor must first inquire
			 about existing property insurance held by the borrower. Should the borrower
			 indicate that he or she already owns property insurance covering the property
			 at issue, all sales efforts must cease and the creditor may not sell the
			 borrower any noncredit property insurance products. For the purpose of this
			 rule, credit property insurance insuring collateral used to secure any ongoing
			 loan or credit sale transaction is considered existing property insurance and
			 the creditor is forbidden to sell additional noncredit property insurance to
			 insure such property.
b. The
			 creditor must inform the borrower that the purchase of this insurance is
			 completely voluntary and is unrelated to any other loan or credit sale
			 transactions which might have occurred between the creditor and
			 borrower.
c. The creditor must
			 explain the insurance coverage for every available noncredit insurance plan the
			 borrower is eligible for that the creditor is authorized to sell. The creditor
			 must also separately disclose the costs of the insurance, including both the
			 premium cost and the finance charge applied. If more than one credit insurance
			 plan is available to the borrower, then the borrower must be informed of the
			 nature and costs of each such plan.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.7 - Borrower Signature

Current through Register Vol. 47, No. 3, July 24, 2024
The creditor must obtain the borrower's signature on the
				disclosure form. The signature space must come after the disclosures required
				in subrule 20.6(2).
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.8 - Additional Insurer Forms

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the disclosure form, the creditor may use other
				noncredit property insurance forms considered necessary provided they are not
				inconsistent with the disclosure form or this chapter and, if applicable, have
				been approved by the insurance commissioner.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.9 - Permitted Finance Charges

Current through Register Vol. 47, No. 3, July 24, 2024
The credit sale of noncredit property insurance pursuant to
				this chapter is classified as a consumer credit sale as defined by the Iowa
				consumer credit code. Finance charges assessed on noncredit insurance premiums
				may not exceed the rate authorized in Iowa Code section
				537.2201.
				"Finance charge for consumer credit sales not pursuant to open-end
				credit."
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.10 - Restrictions on Sale to Homeowners

Current through Register Vol. 47, No. 3, July 24, 2024
Noncredit property insurance insuring the contents of a home
				may not be sold to borrowers who own a residence, unless the creditor, prior to
				the sale, has in the loan file documentation showing that the borrower does not
				already have household contents insurance.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.11 - Insurance Division Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to complying with this chapter and the Iowa
				consumer credit code, creditors must also comply with all applicable statutes
				and regulations enforced by the Iowa insurance division. These requirements
				include, but are not limited to: agent licensing requirements, premium rates,
				loss ratios, refund formulas, reporting requirements, and policy disclosure and
				readability provisions. Compliance with this chapter does not relieve the
				creditor from complying with all relevant requirements of the insurance
				division.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.12 - Rule Violations

Current through Register Vol. 47, No. 3, July 24, 2024
The failure to comply with this chapter, or the use of sales
				practices which are inconsistent with this chapter, is a separate violation of
				Iowa Code section
				537.4101
				(excess charges in insurance) and Iowa Code section
				714.16 (consumer
				fraud Act). In addition, the inclusion of noncredit property insurance premiums
				within the sale or loan of other credit products is considered an excess charge
				for purposes of Iowa Code sections
				536.13(6),
				537.5201(3)
				 and
				537.6113.
				Applicable defenses available to creditors under the Iowa consumer credit code
				are equally available to creditors under this rule.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 20 - Noncredit Property Insurance in Consumer Credit Transactions › Rule 61-20.13 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision or clause of this chapter or its application
				to any person or situation is held invalid, the invalidity shall not affect any
				other provision or application of the chapter which can be given effect without
				the invalid provision or application, and to this end the provisions of this
				chapter are declared severable.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 22 - Notification and Fees › Rule 61-22.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these rules is to implement the notification and
				fees section of the Iowa consumer credit code, Iowa Code sections
				537.6201 to
				537.6203. The fees collected
				are used for the administration of the credit code.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 22 - Notification and Fees › Rule 61-22.2 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Coverage.
The following persons are included within the scope
			 of the notification and fees sections:
a.
"Creditors "
who are engaged in consumer credit transactions
			 and acts, practices or conduct involving consumer credit transactions to which
			 this chapter applies pursuant to Iowa Code section
			 537.1201.
			 The term "creditors" includes creditors engaged in consumer credit sales,
			 consumer loans, refinancing or consolidation of sales or loans, consumer
			 leases, or consumer rental purchase agreements, as these terms are defined in
			 Iowa Code sections
			 537.1301 and
			 537.3604(8).
b.
"Debt collectors,"
as
			 defined in Iowa Code section
			 537.7102(5),
			 whose acts, practices or conduct is governed by Iowa Code chapter 537 pursuant
			 to 537.1201. Debt collectors whose total debt collected in the preceding
			 calendar year is less than $25,000, and in the current calendar year less than
			 $25,000, are exempt from the notification and fees section of the consumer
			 credit code. The term "debt collectors" is not limited to creditors or debt
			 collectors collecting debts arising from consumer credit transactions, but also
			 includes the collection of debts as that term is defined in Iowa Code section
			 537.7102(3).
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 22 - Notification and Fees › Rule 61-22.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Administrator"
is defined in Iowa Code
				section
				537.6103.
"Assignee"
means a person who purchases
				consumer credit sales contracts, consumer leases, or consumer loans from a
				seller, lessor or lender.
"Consumer credit sale"
is defined in Iowa Code
				section
				537.1301(12).
"Consumer credit transaction"
is defined in
				Iowa Code section
				537.1301(11).
"Consumer lease"
is defined in Iowa Code
				section
				537.1301(13).
"Consumer loan"
is defined in Iowa Code
				section
				537.1301(14).
"Consumer rental purchase agreement"
is
				defined in Iowa Code section
				537.3604(8).
"Creditor"
is defined in Iowa Code section
				537.1301(17).
"Debt"
is defined in Iowa Code section
				537.7102(3).
"Debt collection"
is defined in Iowa Code
				section
				537.7102(4).
"Debt collector"
is defined in Iowa Code
				section
				537.7102(5).
"Lender"
is defined in Iowa Code section
				537.1301(23).
"Lessor"
means a person who issues a consumer
				lease.
"Seller"
is defined in Iowa Code section
				537.1301(39).
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 22 - Notification and Fees › Rule 61-22.4 - Notification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Coverage.
All creditors and debt collectors shall file a
			 notification statement with the administrator. The statement should be filed at
			 the following address: Administrator of the Iowa Consumer Credit Code, Consumer
			 Protection Division, Department of Justice, Hoover State Office Building, Des
			 Moines, Iowa 50319.
(2)
Filing date.
Persons required to file a notification statement
			 shall file within 30 days after commencing business in this state, or within 30
			 days after April 24, 1991, whichever is applicable, and thereafter, on or
			 before January 31 of each year. Information filed should be based on the
			 preceding calendar year.
(3)
Contents of notification statement.
The notification statement
			 shall contain all of the information required by Iowa Code section
			 537.6202.
(4)
Updating.
The
			 notification statement shall be updated annually on or before January 31 of
			 each year. Should information provided in the statement become inaccurate after
			 filing, no further notification is required until the following January
			 31.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 22 - Notification and Fees › Rule 61-22.5 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
All persons subject to the notification and fees section of
				the Iowa consumer credit code must pay the following fees:
(1)
Annual fees.
All
			 creditors and debt collectors, including assignees, who are required to file
			 notification statements shall pay to the administrator an annual fee of $50.
			 This fee shall be paid with the filing of the first notification and on or
			 before January 31 of each succeeding year.
(2)
Volume fees.
a.
Sellers, lessors and
			 lenders.
(1) Amount of fee. Sellers,
			 lessors and lenders must also pay an additional fee at the time of filing of
			 $10 for each $100,000, or part thereof exceeding $10,000, of the average unpaid
			 balances of obligations arising from consumer credit transactions entered into
			 or modified by the person in this state and held on the last day of each
			 calendar month during the preceding calendar year and held by the seller,
			 lessor or lender. Lessors must pay an identical amount on the unpaid scheduled
			 periodic payments for consumer leases. Sellers, lessors and lenders must also
			 pay this amount on unpaid balances held by an immediate or remote assignee who
			 has not filed notification. The unpaid balances of assigned obligations held by
			 an assignee who has not filed a notification statement are presumed to be the
			 unpaid balances of the assigned obligations at the time of their assignment by
			 the seller, lessor or lender. Sellers, lessors and lenders who assign
			 obligations to a party exempt under subrule 22.2(2) need not pay volume fees on
			 these obligations after they have been assigned.
(2) Method of calculation. The average unpaid
			 balance arising from consumer credit transactions for the preceding calendar
			 year is determined by totaling the unpaid consumer credit balances held at the
			 end of each month, including unpaid scheduled periodic payments under consumer
			 leases. Included in this amount are consumer credit transactions assigned to
			 assignees who have not filed notification statements. This total is then
			 divided by 12. The volume fee is determined by taking this amount and assessing
			 $10 on each $100,000 of outstanding credit. Volume amounts exceeding $100,000
			 by more than $10,000 are counted as an additional $100,000 for the purpose of
			 assessing the volume fee (e.g., an average unpaid balance of $511,000 would
			 generate a $60 volume fee: $ 10 for each $ 100,000 in volume, and $10 for the
			 additional $11,000).
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 22 - Notification and Fees › Rule 61-22.6 - Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
The following sanctions are available to the administrator for
				use against creditors and debt collectors who are not in compliance with the
				notification and fees section. These sanctions are cumulative.
(1)
Late charge.
The
			 administrator may collect a late charge of $75 from any party subject to Iowa
			 Code sections
			 537.6201 to
			 537.6203 who has failed to
			 pay the required fees in full within 30 days after their due date.
(2)
Civil action.
The
			 administrator may bring a civil action against parties subject to Iowa Code
			 sections
			 537.6201 to
			 537.6203 who have failed to
			 file a notification statement or to timely pay their fees in full pursuant to
			 Iowa Code section
			 537.6113(3).
			 The administrator may request the fees owed, interest on those fees at a rate
			 of 7 percent per annum, the reasonable costs of bringing the action and a civil
			 penalty.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 24 - Professional Commercial Fund-raisers › Rule 61-24.1 - Registration Permit Denial

Current through Register Vol. 47, No. 3, July 24, 2024
The attorney general shall deny an application for registration
				as a professional commercial fund-raiser pursuant to Iowa Code section
				13C.2
				and Iowa Code chapter 252J, if the applicant:
1. Has failed to fully complete all required
			 registration permit applications;
2. Has failed either to include with the
			 registration permit application financial disclosure information requested by
			 the attorney general or file a statement with the permit application that the
			 fund-raiser agrees to provide, without cost, the financial disclosure
			 information required to be disclosed by Iowa Code section
			 13C.2
			 to a person or government entity requesting the information within one day of
			 the request;
3. Has failed to
			 provide the attorney general with a current listing of the professional
			 commercial fund-raiser's clients;
4. Has failed to pay the required
			 registration permit fee to the attorney general; or
5. Is an individual and the attorney general
			 has received a certificate of noncompliance from the child support recovery
			 unit in regard to the individual, until the unit furnishes the attorney general
			 with a withdrawal of the certificate of noncompliance.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 24 - Professional Commercial Fund-raisers › Rule 61-24.2 - Notice of Denial of Registration Based on Nonpayment of Child Support

Current through Register Vol. 47, No. 3, July 24, 2024
The notice required by Iowa Code section
				252J.8
				shall be served upon the applicant by restricted certified mail, return receipt
				requested, or personal service in accordance with Iowa Rules of Civil Procedure
				56.1. Alternatively, the applicant may accept service personally or through
				authorized counsel.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 24 - Professional Commercial Fund-raisers › Rule 61-24.3 - Obligation of Applicants to Notify Attorney General Concerning Nonpayment of Child Support

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants shall keep the attorney general informed of all
				court actions, and all child support recovery unit actions taken under or in
				connection with Iowa Code chapter 252J, and shall provide the attorney general
				copies, within seven days of filing or issuance, of all applications filed with
				the district court pursuant to Iowa Code section
				252J.9,
				all court orders entered in such actions, and withdrawals of certificates of
				noncompliance by the child support recovery unit.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 24 - Professional Commercial Fund-raisers › Rule 61-24.4 - Effective Date of Denial Based on Nonpayment of Child Support

Current through Register Vol. 47, No. 3, July 24, 2024
The effective date of denial of registration, as specified in
				the notice required by 252J.8, shall be 60 days following service of the notice
				upon the applicant.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 24 - Professional Commercial Fund-raisers › Rule 61-24.5 - Calculating Effective Dates of Denial of Registration Based on Nonpayment of Child Support

Current through Register Vol. 47, No. 3, July 24, 2024
In the event an applicant files a timely district court action
				following service of an attorney general notice pursuant to Iowa Code sections
				252J.8
				and
				252J.9,
				the attorney general shall continue with the intended action described in the
				notice upon the receipt of a court order lifting the stay, dismissing the
				action, or otherwise directing the attorney general to proceed. For purposes of
				determining the effective date of denial of the issuance of a registration
				permit, the attorney general shall count the number of days before the action
				was filed and the number of days after the action was disposed of by the
				court.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 25 - Regulation of Membership Campground Operators › Rule 61-25.1 - Place of Filing

Current through Register Vol. 47, No. 3, July 24, 2024
Information required to be filed by the membership campground
				statute, Iowa Code chapter 557B, or these rules shall be submitted to the
				Office of the Attorney General, Consumer Protection Division, Hoover Building,
				2nd Floor, Des Moines, Iowa 50319. Whenever these rules state that a document
				be "filed," the document must be delivered to the attorney general's office by
				United States Postal Service or personal service and shall be considered filed
				on the date of the United States Postal Service mark or the date personal
				service is made.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 25 - Regulation of Membership Campground Operators › Rule 61-25.3 - Registration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Who
			 must register.
A person shall not offer or sell a membership camping
			 contract in this state unless the membership camping contract is covered by a
			 membership camping registration. The application for registration must be filed
			 with the attorney general's office at the address indicated in rule 25.1(557B).
			 The following transactions are exempt from the requirement of registration:
a. An offer, sale, or transfer by any one
			 person of not more than one membership camping contract in any 12-month
			 period.
b. An offer or sale by a
			 government, government agency, or other subdivision of government.
c. A bona fide pledge of a membership camping
			 contract.
d. Transactions subject
			 to regulation pursuant to Iowa Code chapter 557A.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 25 - Regulation of Membership Campground Operators › Rule 61-25.4 - Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statement of charges.
A membership campground registration may
			 be denied, suspended or revoked or a penalty of not more than $5000 may be
			 imposed or a combination of suspension or revocation and penalty may be imposed
			 for any of the reasons set forth in Iowa Code section
			 557B.6.
			 If any action of this type is taken, a representative of the consumer
			 protection division shall mail by certified mail a statement of charges to the
			 applicant or registrant. The applicant or registrant has 30 calendar days from
			 the date of mailing the statement of charges to request a hearing. Requests for
			 hearing must be filed within the 30-day time period or the applicant or
			 registrant will not be permitted to contest the matter. Such requests must be
			 filed at the address specified in rule 25.1(557B). Within this 30-day period,
			 the applicant or registrant may also file an answer or other responsive
			 pleading to the statement of charges.
(2)
Hearings.
If a request
			 for hearing is filed, the contested case will be referred to an independent
			 administrative law judge. Upon request, the Iowa department of inspections and
			 appeals will establish a time and provide an administrative law judge to
			 conduct the contested case. A representative of the consumer protection
			 division will prosecute these cases on behalf of the state.
(3)
Notice of hearing.
The
			 applicant or registrant shall be mailed by certified mail a notice of hearing
			 which will include:
a. The date, time, and
			 place of hearing.
b. A statement
			 that the party may be represented by legal counsel.
c. A statement of the legal authority and
			 jurisdiction under which the hearing is to be held.
d. A statement that the respondent has the
			 right to appear at a hearing and be heard.
e. A reference to the statute or rules
			 involved.
f. A copy of the
			 statement of charges referred to in subrule 25.4(1).
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 25 - Regulation of Membership Campground Operators › Rule 61-25.6 - Applicability of Other Rules

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent that they are not inconsistent with the
				provisions of this chapter, the rules found in 61-Chapters 11 and 12 regarding
				petitions for adoption, amendment, or repeal of a rule (61-11.9(17A) and
				61-11.10
				(17A)) for declaratory rulings (61-12.1(17A) to
				61-12.6
				(17A)) shall govern similar petitions which may be brought under this
				chapter.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 26 - Regulation of Physical Exercise Clubs › Rule 61-26.1 - Filing

Current through Register Vol. 47, No. 3, July 24, 2024
Information required to be filed by the physical exercise club
				statute, Iowa Code chapter 552, or these rules shall be submitted to the Office
				of the Attorney General, Consumer Protection Division, Hoover Building, Second
				Floor, Des Moines, Iowa 50319. When these rules require that a document be
				filed by a specific time, that requirement is met by delivery to this office,
				by delivery to an established courier service for immediate delivery, or by
				mailing within the required time period provided that the document is
				accompanied by adequate proof of mailing. Adequate proof of mailing includes
				the following: a legible United States Postal Service postmark on the envelope,
				a certificate of service signed by an attorney, or a certification in the
				following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed a copy of (describe document)
				addressed to the Office of the Attorney General, Consumer Protection Division,
				Hoover Building, Second Floor, Des Moines, Iowa 50319, by depositing the same
				in a United States Post Office mailbox with correct postage properly
				affixed.
(Date)
(Signature)
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 26 - Regulation of Physical Exercise Clubs › Rule 61-26.4 - Escrow

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Who must establish escrow
			 accounts.
A physical exercise club or its assignee or agent that
			 accepts prepayments shall deposit all of the funds received as prepayments in
			 an escrow account established with a financial institution located in this
			 state whose accounts are insured by the federal deposit insurance corporation,
			 the national credit union administration, or the federal savings and loan
			 corporation, which shall hold the funds as escrow agent for the benefit of the
			 buyers that prepay. The physical exercise club shall deposit all prepayments
			 received at least biweekly and shall make the first deposit not later than the
			 fourteenth day after the day on which the physical exercise club accepts the
			 first prepayment.
(2)
Material to be submitted.
A physical exercise club or its
			 assignee or agent, as defined in Iowa Code section
			 552.1(5),
			 that accepts prepayments shall submit to the attorney general's office at the
			 address indicated in rule
			 61-26.1 (552) the following:
a. If an escrow account is established, a
			 notarized statement that identifies the financial institution in which the
			 prepayments are held in escrow, the name and account number in which the
			 account is held, and a copy of the escrow agreement.
b. If a bond is posted in lieu of
			 establishing an escrow account, a copy of the bond.
c. The date the first contract was
			 signed.
d. A customer list with
			 current addresses and telephone numbers shall be submitted biweekly.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 26 - Regulation of Physical Exercise Clubs › Rule 61-26.5 - Bond

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Bond
			 required.
A physical exercise club that accepts prepayments and does
			 not establish an escrow account must post a bond in the amount of $150,000 with
			 the office of the attorney general, in a form deemed acceptable by the attorney
			 general.
(2)
Notice.
Notice of the existence of the bond must be disclosed
			 to the buyer in the physical exercise club contract.
(3)
Collection on the bond.
Either the attorney general or a buyer may collect on the bond in the same
			 manner and on the same terms as provided for an escrow account. The aggregate
			 liability of the surety for all refunds shall not exceed the amount of the
			 bond. If refunds exceed the amount of the bond, distribution will be on a
			 pro-rata basis.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 26 - Regulation of Physical Exercise Clubs › Rule 61-26.6 - Certification

Current through Register Vol. 47, No. 3, July 24, 2024
Upon application by the physical exercise club, the attorney
				general may certify that a physical exercise club is fully open for business if
				substantially all of the promised equipment and services are available for use
				and the physical exercise club has made a diligent effort to provide the
				remaining equipment and services.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 26 - Regulation of Physical Exercise Clubs › Rule 61-26.7 - Notification to Financial Institution

Current through Register Vol. 47, No. 3, July 24, 2024
The physical exercise club shall notify the financial
				institution at the time the escrow account required by subrule 26.4(1) is
				opened that the escrow account is being established pursuant to Iowa Code
				chapter 552C. After the material has been submitted by the physical exercise
				club as required in subrule 26.4(2), the consumer protection division shall
				notify the financial institution of the release procedures to be followed by
				the financial institution.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 27 - Sales of Former Salvage and Damaged Motor Vehicles › Rule 61-27.1 - Omission of Material Fact in Connection With Sales of Former Salvage Vehicles and Vehicles Which Have Otherwise Been Damaged

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding the obligations imposed on the transferor of a
				motor vehicle under Iowa Code section
				321.69,
				information that a motor vehicle ever has been titled on a salvage certificate
				or title indicating prior flood or other water damage in this or any other
				state, or ever has been rebuilt or reconstructed due to prior damage regardless
				of the cause, is a material fact the concealment, suppression or omission of
				which at the time of sale, with intent that others rely on the concealment,
				suppression, or omission, is an unlawful practice under Iowa Code section
				714.16(2)
				 "a. "
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 27 - Sales of Former Salvage and Damaged Motor Vehicles › Rule 61-27.2 - Deception or Misrepresentation in Connection With Sales of Former Salvage Vehicles and Vehicles Which Have Otherwise Been Damaged

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding the obligations imposed on the transferor of a
				motor vehicle under Iowa Code section
				321.69,
				deception or misrepresentation in connection with the sale of a motor vehicle
				that the seller knows, or reasonably should know, has ever been titled in this
				or any other state on a salvage certificate or on a title indicating prior
				flood or other water damage, or ever has been rebuilt or reconstructed due to
				prior damage regardless of the cause, is an unlawful practice under Iowa Code
				section
				714.16(2)
"a. "
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 29 - Record Retention Requirements Under Motor Vehicle Service Trade Practices Act › Rule 61-29.1 - Retention of Written Estimates and Disclosures

Current through Register Vol. 47, No. 3, July 24, 2024
A "supplier," as defined in Iowa Code section
				537B.2(3),
				or a "repair facility," as defined in Iowa Code section
				537B.4(1)
"c, "
shall retain copies
				of all written estimates and estimate disclosure forms for repairs or service
				to a motor vehicle. Such copies must be retained at the supplier's or repair
				facility's place of business for nine months following the date of repairs or
				service.
This rule is intended to implement Iowa Code section
				714.16 and
				chapter 537B.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 30 - New Motor Vehicle Warranty-protection (LEMON LAW) › Rule 61-30.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The term "Lemon Law" as used herein refers to Iowa Code chapter
				322G. Other terms used in these rules have the same definitions as in the Lemon
				Law.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 30 - New Motor Vehicle Warranty-protection (LEMON LAW) › Rule 61-30.2 - Statement of Consumer Rights

Current through Register Vol. 47, No. 3, July 24, 2024
A statement of the rights and obligations of a purchaser or
				lessee under the Lemon Law shall be provided, at the time of purchase or lease,
				to all purchasers and lessees, as defined in section 2 of the Lemon Law, for
				all new motor vehicles purchased or leased on or after July 1, 1991. This
				statement must be provided to purchasers and lessees on a sheet of paper
				hand-delivered to the purchaser or lessee and must be in uppercase letters in
				at least 12-point type. The statement must be as follows:
"THE PURCHASER OR LESSEE OF THIS VEHICLE IS PROTECTED UNDER THE
				WARRANTY PROVISIONS OF IOWA CODE CHAPTER 322G, COMMONLY REFERRED TO AS THE
				"LEMON LAW." IF THIS VEHICLE FAILS TO CONFORM TO THE MANUFACTURER'S EXPRESS
				WARRANTY DURING THE TERM OF THE WARRANTY, THE FIRST 2 YEARS OF OWNERSHIP, OR
				THE FIRST 24,000 MILES, WHICHEVER EXPIRES FIRST, AND THE NONCONFORMITY
				SUBSTANTIALLY IMPAIRS THE VEHICLE, YOU MAY QUALIFY FOR A REFUND OR REPLACEMENT
				OF THIS VEHICLE. CONTACT THE MANUFACTURER OF THE VEHICLE IF YOU BELIEVE THE
				VEHICLE FAILS TO CONFORM TO THE MANUFACTURER'S EXPRESS WARRANTY. FOR FURTHER
				INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS UNDER THE LEMON LAW, CONTACT
				THE CONSUMER PROTECTION DIVISION OF THE IOWA ATTORNEY GENERAL'S OFFICE AT:
				CONSUMER PROTECTION DIVISION, HOOVER STATE OFFICE BUILDING, DES MOINES, IOWA
				50319, OR TELEPHONE (515)281-5926."
The sheet containing this disclosure must also contain the
				address and telephone number for the zone, district, or regional office of the
				manufacturer for this state where a claim may be filed by the
				consumer.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 30 - New Motor Vehicle Warranty-protection (LEMON LAW) › Rule 61-30.3 - Disclosure That Manufacturer Accepted Return of Vehicle

Current through Register Vol. 47, No. 3, July 24, 2024
A person shall not knowingly lease or sell, either at wholesale
				or retail, or transfer a title to a motor vehicle returned by reason of a
				settlement, determination, or decision pursuant to the Lemon Law or a similar
				statute of any other state unless the nature of the nonconformity is clearly
				and conspicuously disclosed to the prospective transferee, lessee, or buyer.
				The disclosure required by this rule shall be made on a separate sheet of paper
				in at least 12-point type and must state the following in uppercase letters:
				"THE FIRST RETAIL PURCHASER OR LESSEE OF THIS VEHICLE RETURNED IT TO THE
				MANUFACTURER AS PART OF A SETTLEMENT OR DECISION UNDER THE IOWA LEMON LAW, IOWA
				CODE CHAPTER 322G, OR THE LEMON LAW OF ANOTHER STATE. THE FACT THAT THE
				MANUFACTURER ACCEPTED RETURN OF THE VEHICLE DOES NOT NECESSARILY MEAN THAT
				THERE ARE STILL PROBLEMS WITH THE VEHICLE. THE FIRST RETAIL PURCHASER OR LESSEE
				STATED THAT THE VEHICLE HAD THE FOLLOWING PROBLEMS:
____________________________________________________
____________________________________________________
____________________________________________________
The disclosure required by this rule must contain the name and
				address of the seller and transferee, lessee or buyer, must be signed by the
				seller, or the seller's representative, and the transferee, lessee, or buyer
				and must contain the date the form was signed by the seller and transferee,
				lessee, or buyer. The transferee, lessee, or buyer must be provided with an
				adequate opportunity to review the disclosure form before signing and must be
				provided with a copy of the completed form at the time of signing. The seller
				must retain a copy of any completed form for five years following the date the
				form is completed. For the purposes of this rule, the term "completed" means
				that all disclosures required by this rule have been made on the form and the
				form contains the dated signatures of seller and transferee, lessee, or buyer.
				Substantially similar disclosures to that required by this rule will be
				permitted with the prior approval of the attorney general.