reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.8 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Applicants
			 choosing to appeal funding decisions must file a written appeal with the
			 administrator within ten calendar days of the written notification of the
			 program's funding decisions.
(2)
			 All letters of appeal shall clearly state the reason(s) for the appeal and
			 evidence of the reason(s) stated. Reason(s) for appeal must be based on a
			 contention that the rules and procedures governing the funding process have not
			 been applied properly. All appeals must clearly state in what manner the
			 division failed to follow the rules of the selection process as governed by
			 these administrative rules or procedures outlined in the application materials
			 provided to all applicants by the division. The letter of appeal must also
			 describe the remedy being sought.
(3) If an appeal is filed within the ten
			 calendar days, the division shall not enter into a contract with any applicant
			 involved in the application process being appealed until the administrator has
			 reviewed and decided on all appeals received in accordance with the criteria in
			 subrules 31.8(1) and 31.8(2). The administrator shall consider the information
			 submitted by the appellant and relevant information from division staff when
			 conducting the review. The review shall be conducted as expeditiously as
			 possible so that all funds can be distributed in a timely manner.
(4) The decision of the administrator shall
			 represent the final division action for the purpose of implementing Iowa Code
			 chapter 17A.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.9 - Contract Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contract offer.
Applicants shall be notified in writing of the
			 division's intent to fund, contingent upon the funds available. The
			 administrator shall have flexibility in determining which state and federal
			 funds shall be utilized in awards and allocations to subgrantees. These rules
			 and all applicable state and federal laws and regulations shall become a part
			 of the contract by reference.
(2)
Preaward negotiation.
The applicant may be requested to modify
			 the original application in the negotiation process. The division reserves the
			 right to fund all or part of the applicant's application.
(3)
Withdrawal of contract
			 offer.
If the applicant and the division are unable to successfully
			 negotiate a contract, the division may withdraw the award offer and
			 redistribute program funds in a manner consistent with the provisions of rule
			 421-31.14 (216A,232).
(4)
Contract modifications.
The subgrantee or the division may
			 request a modification or revision of the contract.
(5)
Reimbursement of
			 expenditures.
Funds are to be spent to meet program goals as provided
			 in the contract. Expenditures shall be reimbursed pursuant to regular
			 reimbursement procedures of the state of Iowa.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.10 - Contract Termination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Termination by subgrantee.
The contract may be terminated by
			 the subgrantee at any time during the contract period by giving 30 days' notice
			 to the division.
(2)
Termination by the division.
a. The division may terminate a contract upon
			 ten days' notice when the subgrantee or any of its subcontractors fail to
			 comply with the grant award stipulations, standards or conditions. The division
			 may terminate a contract upon 30 days' notice when there is a reduction of
			 funds by executive order.
b.
			 Termination for convenience. The performance of work under the contract may be
			 terminated by the division in accordance with this clause in whole or, from
			 time to time, in part whenever the division shall determine that such
			 termination is in the best interest of the state. The division shall pay all
			 reasonable costs associated with the contract that the subgrantee has incurred
			 up to the date of termination. The division shall not pay for any work that has
			 not been done prior to the date of termination.
c. Termination for default. If the subgrantee
			 fails to fulfill its obligations under this contract properly or on time, or
			 otherwise violates any provision of this contract, the division may terminate
			 the contract by written notice to the subgrantee. The notice shall specify the
			 acts of commission or omission relied on as cause for termination. All finished
			 or unfinished products and services provided by the subgrantee shall, at the
			 option of the division, become the state's property. The division shall pay the
			 subgrantee fair and equitable compensation for satisfactory performance prior
			 to receipt of notice of termination.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.11 - Required Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Expenditure claim reports shall be required from subgrantees on provided forms.
			 The division, pursuant to regular reimbursement procedures of the state of
			 Iowa, shall reimburse subgrantees for actual expenditures specified in the
			 approved budget.
(2) Progress
			 reports on program outcomes, program status and financial status shall be
			 required from subgrantees on provided forms.
(3) Other reports, including audit reports
			 prepared by independent auditors, may be required by the division and specified
			 in the request for applications or contract to assist in the monitoring and
			 evaluation of programs.
(4) Failure
			 to submit required reports by the due date shall result in suspension of
			 financial payments to the subgrantee by the division until such time as the
			 reports are received. No new awards shall be made for continuation programs
			 where there are delinquent reports from prior grants.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.12 - Subgrantee Records

Current through Register Vol. 47, No. 3, July 24, 2024
Financial records, supporting documents, statistical records,
				and all other records pertinent to the program shall be retained by the
				subgrantee in accordance with the following:
(1) Records for any project shall be retained
			 for three years after final closeout and audit procedures are completed and
			 accepted by the division.
(2)
			 Representatives of the state auditor's office and the division shall have
			 access to all books, accounts, documents, and other property belonging to or in
			 use by a subgrantee pertaining to the receipt of funds under these
			 rules.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.13 - Allowable Costs and Cost Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Grant funds from this program shall be
			 used to support only those activities and services specified and agreed to in
			 the contract between the subgrantee and the division. The contract shall
			 identify specific cost categories against which all allowable costs must be
			 consistently charged.
(2) Funds
			 appropriated for this program shall not be expended for supplantation of
			 federal, state, or local funds supporting existing programs or activities.
			 Instructions for the application and acceptance of competitive grants,
			 formula-based allocations, and sole source contracts may specify other cost
			 limitations, including but not limited to costs related to political
			 activities, interest costs, fines, penalties, lawsuits or legal fees, and
			 certain fixed assets and program equipment.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.14 - Redistribution of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
The division reserves the right to recapture and redistribute
				awarded funds based upon projected expenditures if it appears that funds shall
				not be expended by a subgrantee according to the conditions of the subgrantee's
				contract. Recaptured funds may be granted by the administrator to other
				applicants or subgrantees for services and activities consistent with the
				purposes and goals of the program.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.15 - Compliance With State and Federal Laws

Current through Register Vol. 47, No. 3, July 24, 2024
In acceptance of a grant, the subgrantee shall agree to comply
				with all applicable state and federal rules and laws, including but not limited
				to the JJDPA.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.16 - Immunity of State and Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
The subgrantee shall defend and hold harmless the state and any
				federal funding source for the state from liability arising from the
				subgrantee's performance or attempted performance of its contract, and the
				subgrantee's activities with subcontractors and all other third
				parties.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 40 - Functions of Division › Rule 421-40.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, unless context otherwise
				requires:
"Administrator"
means the administrator of the
				division of community advocacy and services, which is composed of the following
				offices:
1. Office of Latino affairs.
2. Office on the status of women.
3. Office of deaf services.
4. Office on the status of African Americans.
5. Office of Asian and Pacific Islander affairs.
6. Office of Native American affairs.
7. Office of persons with disabilities.
"Commission"
means the following commissions
				established in Iowa Code chapter 216A:
1. Commission of Latino affairs.
2. Commission on the status of women.
3. Commission of deaf services.
4. Commission on the status of African Americans.
5. Commission of Asian and Pacific Islander affairs.
6. Commission of Native American affairs.
7. Commission of persons with disabilities.
"Commissioner"
means a member of one of the
				commissions, appointed by the governor, and subject to confirmation by the
				senate pursuant to Iowa Code section
				2.32.
"Department"
means the department of human
				rights.
"Division"
means the division of community
				advocacy and services within the department of human rights.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 40 - Functions of Division › Rule 421-40.2 - Functions of the Division

Current through Register Vol. 47, No. 3, July 24, 2024
The division of community advocacy and services is under the
				direction of an administrator, who is appointed by and reports to the director
				of the department. The functions and responsibilities of the division and
				respective commissions are described in Iowa Code chapter 216A.
(1) The administrator will assign members of
			 the division to meet the responsibilities of each office and to assist
			 corresponding commissions with their efforts. Commission assistance shall be
			 provided by coordinating meetings as required in Iowa Code sections
			 216A.12,
			 216A.53,
			 216A.74,
			 216A.113,
			 216A.142,
			 216A.152,
			 and
			 216A.162;
			 providing public notice as required in the open meetings law, Iowa Code chapter
			 21; maintaining commission meeting records; providing data and information on
			 programs, rules and laws which impact or serve Iowans who identify with groups
			 represented by the offices in the division; updating the commission website in
			 accordance with department guidelines; and reporting on division and office
			 results, policies and processes at meetings.
(2) The division will focus on achieving
			 long-term economic, social and cultural equity for Iowans who identify with
			 groups represented by the offices in the division. To ascertain key needs and
			 areas of focus, the division will assess relevant data, create opportunities
			 for Iowans who identify with groups represented by the offices in the division
			 to connect with one another, and with state government, to raise concerns and
			 suggest workable solutions. This will be accomplished by holding regular
			 listening sessions, providing leadership development opportunities, and
			 facilitating community engagement. The division will actively engage
			 commissioners in these initiatives.
(3) The division will provide assistance,
			 training and consultation to state departments and agencies to enhance services
			 that allow underrepresented populations to participate fully in the economic,
			 social, and cultural life of the state.
(4) The division will use its knowledge of
			 programming and information clearinghouse to provide assistance for Iowans who
			 identify with groups represented by the offices in the division. Direct
			 assistance consists of the following:
a.
			 Connecting Iowans with state departments, agencies and other organizations that
			 provide the specific services, expertise or knowledge necessary to meet their
			 needs.
b. Training or assisting
			 Iowans to self-advocate with state and local government when
			 possible.
c. Enhancing statewide
			 and local knowledge of existing services and programs available for Iowans who
			 identify with groups represented by the offices in the division.
d. Communicating about and advocating for the
			 needs and the value to Iowa's economy, culture and society of Iowans who
			 identify with groups represented by the offices in the division.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 40 - Functions of Division › Rule 421-40.3 - Organization of the Commissions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each commissioner is an equal voting
			 member of the commission on which the commissioner serves. A majority of the
			 members shall constitute a quorum, and the affirmative vote of the majority is
			 necessary for any substantive action taken by the commission.
(2) Commissions shall appoint officers to
			 serve two-year terms by voting at a commission meeting held in the first
			 quarter of each even-numbered fiscal year. To qualify to serve as an officer, a
			 commissioner must have at least two years remaining in the commissioner's term
			 of appointment to one of the commissions. Commissions may appoint officers to
			 positions as provided in Iowa Code sections
			 216A.12,
			 216A.53,
			 216A.74,
			 216A.113,
			 216A.142,
			 216A.152,
			 and
			 216A.162.
			 The roles of officer positions that are filled by commissions include, but are
			 not limited to, the following:
a. Chairperson.
			 This member shall establish the draft agenda, chair each commission meeting,
			 and work with the division to establish a meeting schedule and communicate with
			 members of the commission on which the chairperson serves to ensure a quorum at
			 commission meetings.
b. Vice
			 chairperson. This member shall work with the chairperson to establish the draft
			 agenda and chair commission meetings in the absence of the
			 chairperson.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 40 - Functions of Division › Rule 421-40.5 - Functions of Commissions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Commissions shall focus on achieving long-term economic, social and cultural
			 equity for Iowans who identify with groups represented by the
			 commission.
(2) Biennial
			 recommendations. To ascertain key needs and areas of focus, commissions shall
			 provide insight and input regarding the changing needs of Iowans who identify
			 with groups represented by the commission. This will be accomplished by
			 assessing available data, participating in division-sponsored listening
			 sessions or sponsoring additional listening sessions; and using this and other
			 information to compile and present biennial policy and program recommendations
			 to the department, board, legislature and governor by October 15 of each
			 even-numbered year. The division shall compile all recommendations on behalf of
			 the commissions into one document for presentation to the department, board,
			 legislature and governor by November 15 of each even-numbered year. Commissions
			 may offer more frequent recommendations with an affirmative vote of the
			 majority of a commission.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 41 - Hall of Fame › Rule 421-41.1 - Iowa Women's Hall of Fame

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
The purpose of the Iowa Women's Hall of Fame shall be
			 to recognize significant achievements of Iowa women and to educate the public
			 by identifying those whose efforts have enhanced and improved the quality of
			 life for women in Iowa, the community, state, nation or world, or a particular
			 profession or discipline.
(2)
Committee.
The Iowa Women's Hall of Fame committee shall
			 consist of three commissioners of the commission on the status of women, one
			 serving as the committee chairperson; two public members appointed by the
			 committee chairperson; and the chairperson of the commission on the status of
			 women as an ex officio member.
(3)
Selection procedure.
The committee shall solicit nominations
			 for the Iowa Women's Hall of Fame. The committee shall recommend to the
			 commission on the status of women for its approval no more than four
			 individuals to be inducted into the Iowa Women's Hall of Fame. The committee
			 shall plan the ceremony and reception each year for the Iowa Women's Hall of
			 Fame.
(4)
Cristine Wilson
			 Medal for Equality and Justice.
The Cristine Wilson Medal for Equality
			 and Justice shall memorialize the efforts and accomplishments of the commission
			 on the status of women's first chairperson. The medal is awarded on an
			 intermittent basis to persons whose work is deemed outstanding and a
			 significant contribution to Iowa's recognition as a state characterized by
			 equality and justice. The Iowa Women's Hall of Fame committee shall make
			 recommendations to the commission for persons to receive this award.
(5)
Nomination forms and
			 deadlines.
Nomination forms and deadlines shall be posted on the human
			 rights department's website at
humanrights.iowa.gov/cas
.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 41 - Hall of Fame › Rule 421-41.2 - Iowa Latino Hall of Fame

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
The purpose of the Iowa Latino Hall of Fame shall be
			 to recognize and honor outstanding Iowa Latinos that have contributed their
			 talents and skills to improve the quality of life in Iowa and to provide
			 visible examples for tomorrow's Latino leaders.
(2)
Committee.
The Iowa
			 Latino Hall of Fame committee shall consist of three commissioners of the
			 commission of Latino affairs, one serving as the committee chairperson; two
			 public members selected by the commission of Latino affairs; and the
			 chairperson of the commission of Latino affairs as an ex officio
			 member.
(3)
Selection
			 procedure.
The committee shall solicit nominations for the Iowa Latino
			 Hall of Fame. The committee shall recommend to the commission of Latino affairs
			 for its approval no more than three individuals to be inducted into the Iowa
			 Latino Hall of Fame, one individual for the Robert D. Ray Award for Equity and
			 Justice, and one individual for the Iowa Latinx Youth Leadership Award. The
			 committee shall plan the ceremony and reception each year for the Iowa Latino
			 Hall of Fame.
(4)
Robert D.
			 Ray Award for Equity and Justice.
The Robert D. Ray Award for Equity
			 and Justice shall recognize and honor the efforts and accomplishments of
			 non-Latino and Latino Iowans. The award is awarded to persons whose work is
			 deemed outstanding and a significant contribution to the equity and justice for
			 Iowa's new immigrants. The Iowa Latino Hall of Fame committee shall make
			 recommendations to the commission for persons to receive this award.
(5)
Iowa Latinx Youth Leadership
			 Award.
The Latinx Youth Leadership Award is awarded to an Iowa Latinx
			 youth or young professional who is making a difference in that individual's
			 community.
(6)
Nomination
			 forms and deadlines.
Nomination forms and deadlines shall be posted on
			 the human rights department's website at
humanrights.iowa.gov/cas
.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization and General Definitions › Rule 441-1.1 - History and Mission

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa department of health and human services was
				  established in 2022 pursuant to 2022 Iowa Acts, House File 2578, and fully
				  codified pursuant to 2023 Iowa Acts, Senate File 514. The authority delegated
				  to the department had previously been delegated to the departments of human
				  services, public health, aging, and human rights; the Iowa commission on
				  volunteer service; the child advocacy board and the department of inspections
				  and appeals. In 2023, the general assembly combined these agencies and programs
				  to create the department of health and human services. The department's mission
				  is published on the department's website.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization and General Definitions › Rule 441-1.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of the department's rules, unless otherwise
				  defined:
"Council"
means the health and human
				  services council.
"Department"
means the department of health
				  and human services.
"Director"
means the director of health and
				  human services.
"Electronic signature"
means a confidential
				  personalized digital key, code, or number that is used for secure electronic
				  data transmission and that identifies and authenticates the
				  signatory.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization and General Definitions › Rule 441-1.3 - Department Structure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The department's organizational structure consists of
				the council, the director and such divisions as the director may from time to
				time create.
(2)
Director.
The department director is appointed pursuant to the
				requirements in Iowa Code section
				217.5.
(3)
Delegation of director
				authority.
The director may designate employee(s) to administer the
				department in the director's absence. The director may also delegate the
				director's authority to administer the department to other employees as
				determined necessary for efficient and effective department operations.
				Delegations of the director's authority will be documented by the
				department.
(4)
Divisions.
The director may from time to time reorganize the
				department into administrative divisions to most efficiently and effectively
				carry out the department's responsibilities. Reorganization may include
				creating new division, eliminating existing divisions, or combining divisions
				as the director deems necessary.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization and General Definitions › Rule 441-1.4 - Information

Current through Register Vol. 47, No. 3, July 24, 2024
The general public may obtain information about the
				  department by contacting the department at its offices located at 321 E. 12th
				  Street, Des Moines, Iowa 50319, telephone 515.281.5452, or through the
				  department's website.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization and General Definitions › Rule 441-1.5 - Health and Human Services Council

Current through Register Vol. 47, No. 3, July 24, 2024
The council is established in Iowa Code section
				  217.2 and its duties are in Iowa
				  Code section 217.3. Meetings of the council
				  and any ad hoc committee it may establish are conducted in accordance with the
				  provisions of Iowa Code chapter 21.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization and General Definitions › Rule 441-1.6 - State Council on Developmental Disabilities

Current through Register Vol. 47, No. 3, July 24, 2024
The state developmental disabilities council and its duties
				  are established in 42 U.S.C.
				  §
										15025.
(1)
Designated state agency.
The department serves as the designated state agency.
(2)
Membership.
The council
				consists of up to 26 members appointed by the governor. Members serve
				three-year terms. Appointments are staggered so at least one-third of the
				members are appointed each year. The nonattendance provisions of Iowa Code
				section 69.15 apply to the council's
				members.
(3)
Meetings.
Meetings of the council are conducted in accordance
				with the provisions of Iowa Code chapter 21.
(4)
Council information.
The
				general public may obtain information about the council at its offices located
				at 700 2nd Avenue, Suite 101, Des Moines, Iowa, 50309; telephone 800.452.1936;
				or the website
iowaddcouncil.org
.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization and General Definitions › Rule 441-1.7 - Governor's Developmental Disabilities Council (governor's DD council)

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to the Developmental Disabilities Assistance and
				  Bill of Rights Act (DD Act) , 42 U.S. Code, Section 6000 et seq., each state
				  shall establish a state planning council to serve as an advocate for people
				  with developmental disabilities. The department shall act as the council's
				  designated state agency for the purposes of receiving funds under the DD
				  Act.
(1)
Governor's DD council
				responsibilities.
The governor's DD council shall:
a. Develop a state plan which meets the
				requirements of the DD Act.
b.
				Prepare and approve a budget to fund all activities and to hire staff and
				obtain services necessary to carry out its functions under the DD
				Act.
c. Hire after conferring with
				the director, supervise, and evaluate an executive director who shall hire and
				supervise council staff
d. Prepare,
				submit and maintain all records and reports required by the Secretary of Health
				and Human Services.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization and General Definitions › Rule 441-1.10 - Hawk-i Board

Current through Register Vol. 47, No. 3, July 24, 2024
The director of the department has, by statute, the advice
				  and counsel of the HAWK-I board on the healthy and well kids in Iowa program.
				  This seven-member board consists of the commissioner of insurance or the
				  commissioner's designee, the director of the department of education or the
				  director's designee, the director of the department of public health or the
				  director's designee, and four public members appointed by the governor, subject
				  to confirmation by two-thirds of the members of the senate. The board shall
				  also include two members of the senate and two members of the house of
				  representatives, serving as ex officio members.
(1)
Organization.
a. The members of the board shall annually
				elect from the board's voting membership a chairperson of the board.
b. Members appointed by the governor and the
				legislative members shall serve two-year terms.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 2 - Contracting Out Department of Human Services Employees and Property › Rule 441-2.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Contract manager"
is the person identified
				  within the department of human services, division of administration, who will
				  act as the central point of contact regarding all use and leasing of state
				  institution buildings and grounds.
"Contractor"
means a nonprofit entity as
				  defined by Iowa Code chapter 504A that purchases the services of the
				  department, including department employees, to be used to supplement its own
				  service provision.
"Department"
means the Iowa department of
				  human services.
"Division"
includes the divisions of mental
				  health and disability services; and adult, children and family services.
"Lessee"
means a nonprofit provider of
				  services or other approved activity or other nonprofit entity as defined by
				  Iowa Code chapter 504A that has been permitted to lease space in certain
				  buildings or grounds on one or more of the mental health institutes, state
				  resource centers, the state training school at Eldora, Iowa, or the civil
				  commitment unit for sexual offenders at Cherokee, Iowa, from the
				  department.
"State institutions"
(also referred to as
				  campuses), for the purposes of this chapter, include: the Glenwood and Woodward
				  state resource centers; the Cherokee and Independence mental health
				  institutions; the state training school in Eldora; and the civil commitment
				  unit for sexual offenders in Cherokee.
"Superintendents"
are the administrators of
				  these state institutions as defined by Iowa Code chapter 218 as well as those
				  administrators appointed by the director of the department of human services
				  pursuant to Iowa Code chapter 233A at the state training school in
				  Eldora.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 2 - Contracting Out Department of Human Services Employees and Property › Rule 441-2.2 - Contracts for Use of the Services of Department Employees

Current through Register Vol. 47, No. 3, July 24, 2024
All determinations regarding whether the department shall
				  enter into a contract for services shall be made by the director of the
				  department or designee. All determinations are considered final and binding and
				  are not subject to appeal. The director of the department or designee shall
				  weigh the following criteria in making the decision.
(1)
Expertise.
Department
				employees shall possess certain expertise and skills needed by a
				contractor
(2)
Mutual
				benefit.
There shall be a mutual benefit to the department and the
				contractor
(3)
Payment.
Payment for the full cost, both direct and indirect,
				of department employees shall be received from the contractor
(4)
Supplementation of
				services.
The intent of the department is to permit its employees to
				provide services to on-campus lessees. Department employees may supplement the
				direct service provided by the contractor, but department employees shall not
				assume full responsibility for the care and treatment of consumers of services
				of the contractor
(5)
Use
				of department employees.
Department employees shall not be used to
				fill vacancies of full-time staff positions of the contractor, nor can the full
				time of a single department employee be contracted to a single contractor For
				time-limited periods, and when it is in the best interest of the state, a state
				institution, with approval of the director of the department and the director
				of the Iowa department of personnel, may contract to provide department
				employees to a contractor on a full-time basis.
(6)
'Nonprofit status.
Department employees shall only be contracted out to nonprofit entities as
				defined by Iowa Code chapter 504A.
(7)
Conflict of interest. A
contract shall not be entered into if it creates a conflict of interest as
				defined by Iowa and federal law for either the department employees, the
				department in general, the state of Iowa, or the contractor.
(8)
Services to department
				clients.
Department employees' time shall be made available to a
				potential contractor only if it can be done without harm to the department's
				institution clients who are receiving services on an inpatient or outpatient
				basis.
(9)
Subcontracting.
The department shall not subcontract out the
				time or services of a person under contract to the department. Persons who
				perform services as independent contractors to the state of Iowa, pursuant to a
				personal services contract, shall not be included in any agreement entered into
				pursuant to this chapter However, this does not prohibit an independent
				contractor from directly entering into a contractual relationship with a
				contractor
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 2 - Contracting Out Department of Human Services Employees and Property › Rule 441-2.3 - Contract Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
A contract for service entered into pursuant to this chapter
				  shall include the following provisions, plus other provisions as determined by
				  the director of the department or designee:
(1)
Rate setting.
All
				contract rates will be set by the department. The contract shall cover the full
				costs of the department including, but not limited to, any base salary or wage,
				vacation, applicable leave, and other fringe benefits paid for by the state of
				Iowa at the time of the contract and any subsequent increases.
(2)
Collective bargaining
				agreements.
If the department employees to be included in the contract
				are covered by a collective bargaining agreement, the contractor shall be bound
				by the applicable collective bargaining agreement. The contractor shall further
				agree that any decision relative to the collective bargaining agreement between
				the department and its employees shall be binding on the contractor Should any
				provision of the agreement between the parties be found to violate the terms
				and conditions of an applicable collective bargaining agreement, the provision
				or condition contained in the agreement entered into pursuant to this chapter
				shall be void.
(3)
Conditions of employment.
The contract shall not impose any
				conditions of employment outside of those conditions of employment currently
				imposed by the state of Iowa.
(4)
Liability.
The contractor agrees to defend, indemnify, and
				hold harmless the state and the department against all claims, damages, losses,
				costs, and expenses, including attorney fees, arising out of any services
				performed pursuant to an agreement entered into under this chapter
(5)
Private contracting. A
department employee covered by an agreement entered into pursuant to this
				chapter shall be prohibited from contracting privately with the same
				contractor.
(6)
Conditions.
All contracts must comply with conditions and
				negotiations mutually agreed upon by the department and the Iowa department of
				personnel.
(7)
Term of
				contract.
Contracts shall be for a specific term and shall be cosigned
				by the department and the Iowa department of personnel on behalf of the state
				of Iowa and by the contractor
(8)
Copies of contract.
Copies of the contract shall be maintained
				by the respective division, the business office of the respective campus, and
				the contractor
(9)
Program
				name.
Without the prior written approval of the director, the entity
				seeking to contract with the state shall not use or cause to be used a name for
				the program or project that is in any way similar to the name or part of the
				name of the institution.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 2 - Contracting Out Department of Human Services Employees and Property › Rule 441-2.4 - Leasing of Space at State Institutions

Current through Register Vol. 47, No. 3, July 24, 2024
All determinations regarding leasing space at state
				  institutions shall be made by the director of the department or designee. All
				  determinations are considered final and binding and are not appealable. The
				  director of the department or designee shall weigh the following criteria in
				  making the determination.
(1)
Available space.
Space shall be available on one or more of
				the campuses.
(2)
Activities.
Lessees may not engage in activities that will
				interfere with, impede, or conflict with the basic treatment, habilitation, or
				care programs operated on the campuses by the department. Lessees may not
				engage in activities that will endanger or otherwise threaten the safety and
				well-being of department consumers of services, the community at large, or
				department employees.
(3)
Nonprofit status.
Lessees must be public or private nonprofit
				entities as defined by Iowa Code chapter 504A and must provide documentation of
				nonprofit status upon request of the department.
(4)
Needs and priorities.
Needs of the residents of Iowa shall be considered before needs of the
				residents of other states. Needs shall be prioritized as follows:
a. Needs of the department other than current
				occupancy and use.
b. Needs of
				other state or local governmental bodies for human or social service related
				purposes that benefit lowans before citizens of other states.
c. Needs of other state or local governmental
				bodies for other than human or social service related purposes.
d. Needs of private, nonprofit entities for
				human or social service related purposes.
e. Needs of private, nonprofit entities for
				other than human or social service related purposes that are determined to be
				compatible uses of state institution buildings and grounds.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.1 - 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 department 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 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.2 - 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
				  department 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 department 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 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.3 - Public Rulemaking Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Anticipated rulemaking.
In lieu of the words "(commission,
				board, council, director)" insert "director".
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.4 - Notice of Proposed Rulemaking

Current through Register Vol. 47, No. 3, July 24, 2024
(3)
Notices
				mailed.
In lieu of the words "(specify time period)" insert "one
				calendar year".
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written
				comments.
In lieu of the words "(identify office and address)" insert
				"Compliance Division, Iowa Department of Health and Human Services, Lucas State
				Office Building, 321 E. 12th Street, Des Moines, Iowa 50319".
(5)
Accessibility.
In lieu
				of the words "(designate office and telephone number)" insert "Compliance
				Division of the Department, 515.281.7689".
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.6 - Regulatory Flexibility Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(3)
Mailing
				list.
In lieu of the words "(designate office)" insert "Compliance
				Division, Iowa Department of Health and Human Services, Lucas State Office
				Building, Des Moines, Iowa 50319".
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
A rule that mandates additional combined expenditures
				  exceeding $100,000 by all affected political subdivisions, or agencies and
				  entities which contract with political subdivisions to provide services must be
				  accompanied by a fiscal impact statement outlining the costs associated with
				  the rule. A fiscal impact statement must satisfy the requirements of Iowa Code
				  section
				  25B.6.
If the department determines at the time it adopts a rule
				  that the fiscal impact statement upon which the rule is based contains errors,
				  the department shall, at the same time, issue a corrected fiscal impact
				  statement and publish the corrected fiscal impact statement in the Iowa
				  Administrative Bulletin.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The department shall not adopt a rule until
				the period for making written submissions and oral presentations has expired.
				Within 180 days after the later of the publication of the Notice of Intended
				Action, or the end of oral proceedings thereon, the department shall adopt a
				rule pursuant to the rule-making proceeding or terminate the proceeding by
				publication of a notice to that effect in the Iowa Administrative
				Bulletin.
(2)
Consideration
				of public comment.
Before the adoption of a rule, the department shall
				consider fully all of the written submissions and oral submissions received in
				that rule-making proceeding or any written summary of the oral submissions and
				any regulatory analysis or fiscal impact statement issued in that rule-making
				proceeding.
(3)
Reliance on
				department expertise.
Except as otherwise provided by law, the
				department may use its own experience, technical competence, specialized
				knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Allowable variances.
The department shall not adopt a rule
				that differs from the rule proposed in the Notice of Intended Action on which
				the rule is based unless:
a. The differences
				are within the scope of the subject matter announced in the Notice of Intended
				Action and are in character with the issues raised in that notice;
				and
b. The differences are a
				logical outgrowth of the contents of that Notice of Intended Action or the
				comments submitted in response thereto; and
c. The Notice of Intended Action provided
				fair warning that the outcome of that rule-making proceeding could be the rule
				in question.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.10 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested by a person, either prior to the
				adoption of a rule or within 30 days after its publication in the Iowa
				Administrative Bulletin as an adopted rule, the department shall issue a
				concise statement of reasons for the rule. Requests for such a statement must
				be in writing and be delivered to the Bureau of Policy Analysis, Department of
				Human Services, Fifth Floor, Hoover State Office Building, 1305 East Walnut,
				Des Moines, Iowa 50319-0114. Requests may also be sent via email to
appeals@dhs.state.ia.us
. The request should indicate
				whether the statement is sought for all or only a specified part of the rule.
				Requests shall be considered made on the date received.
(2)
Contents.
The concise
				statement of reasons shall contain:
a. The
				reasons for adopting the rule;
b.
				An indication of any change between the text of the proposed rule contained in
				the published Notice of Intended Action and the text of the rule as finally
				adopted, with the reasons for any change;
c. The principal reasons urged in the
				rule-making proceeding for and against the rule, and the department's reasons
				for overruling the arguments made against the rule.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
In lieu of the words "(specify the office and
				address)" insert "Compliance Division, Iowa Department of Health and Human
				Services, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa
				50319".
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.12 - Department Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
The legislative services agency maintains an official
				  rule-making record of each rule the department proposes or adopts on the
				  legislative services agency website at
www.legis.iowa.gov/law/administrativeRules/bulletinSupplementListings
.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.13 - Agency Rulemaking Record

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Contents.
Amend paragraph
"c"
by inserting
				"director" in lieu of "(agency head)".