reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 19 - Waivers From Rules › Rule 185-19.9 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the division issues an order granting a waiver, the order
				is a defense within its terms and the specific facts indicated therein for the
				person to whom the order pertains in any proceeding in which the rule in
				question is sought to be invoked.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 1 - Description of Organization › Rule 187-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions of terms listed in Iowa Code section
				17A.2 shall apply for
				these terms as they are used throughout this chapter. In addition, as used in
				this chapter:
"Division"
means the division of
				banking.
"Superintendent"
means the superintendent of
				banking.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 1 - Description of Organization › Rule 187-1.2 - Scope and Application

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter describes the office of the superintendent and
				identifies the established place at which, the employees from whom, and the
				methods whereby the public may obtain information from, make requests of, or
				obtain decisions from the superintendent on matters within the authority of the
				superintendent.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 2 - Application Procedures › Rule 187-2.1 - Organization of a State-chartered Bank

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
Persons
			 desiring to organize a state-chartered bank should first meet with the
			 superintendent to discuss the proposal. An "Application to Organize a State
			 Bank" and supplementary forms may be obtained for submission to the
			 superintendent.
(2)
Investigation.
The superintendent may conduct an investigation
			 as deemed necessary.
(3)
Preliminary approval.
The superintendent may grant preliminary
			 approval of an application to organize a state-chartered bank. If preliminary
			 approval is granted, the superintendent may, if it is determined that such
			 action is necessary or desirable for the protection of the public interest, at
			 any time withdraw that approval.
(4)
Decision.
The
			 superintendent shall approve or deny the application within 180 days after the
			 application has been accepted for processing. The decision by the
			 superintendent shall be conveyed in writing to the applicant.
(5)
Corporate organization.
The proposed state bank does not come into existence until articles of
			 incorporation have been approved by the superintendent and filed and recorded
			 by the secretary of state and a certificate of incorporation has been
			 issued.
(6)
Commencement of
			 business.
If the superintendent is satisfied that the proposed state
			 bank has met all requirements and conditions and is ready to commence business,
			 the superintendent shall issue an Authorization To Do Business which provides
			 that the state bank is authorized to commence business as of a specified date.
This rule is intended to implement Iowa Code section
				524.303.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 2 - Application Procedures › Rule 187-2.2 - Conversion of National Bank Into State Bank

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
A national bank desiring to become a state bank
			 should first meet with the superintendent to discuss the proposal. An
			 application and supplementary forms may be obtained for submission to the
			 superintendent.
(2)
Examination and investigation.
The superintendent may conduct
			 an examination or investigation of the national bank as deemed
			 necessary.
(3)
Decision.
The superintendent shall approve or deny the
			 application within 90 days after the application has been accepted for
			 processing. The decision by the superintendent shall be conveyed in writing to
			 the applicant.
(4)
Corporate documents.
If approval is granted, articles of
			 conversion with a plan of conversion attached shall be delivered to the
			 secretary of state for filing and recording.
(5)
Commencement of business as state
			 bank.
The conversion shall be effective as of the date of filing of
			 articles of conversion in the office of the secretary of state unless a later
			 date is specified in the articles of conversion. The superintendent's
			 Authorization To Do Business as a state bank will be issued to be effective on
			 the date of conversion.
(6)
Resulting state bank.
The resulting state bank shall submit
			 the oath of directors, list of shareholders, and certificate of elections and
			 appointments to the superintendent on forms to be provided by the
			 superintendent. The oath of directors is to be signed prior to the first
			 meeting of the board of directors following the effective date of the
			 conversion. The list of shareholders is to be completed as of the effective
			 date of conversion.
This rule is intended to implement Iowa Code sections 524.1410 and 524.1413 to 524.1415.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 2 - Application Procedures › Rule 187-2.3 - Merger or Purchase and Assumption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
For purposes of this rule, the term "merger" means
			 a merger in which the resulting bank is a state bank.
(2)
Application.
State banks
			 or national and state banks desiring to merge or a state bank desiring to
			 purchase the assets and assume the liabilities of another bank should first
			 meet with the superintendent to discuss the proposal. An application and
			 supplementary forms may be obtained for submission to the
			 superintendent.
(3)
State
			 bank as seller.
In the case of a purchase and assumption, if the bank
			 being acquired is a state bank, appropriate forms and instructions for the
			 voluntary liquidation of the bank may be obtained from the
			 superintendent.
(4)
Examination and investigation.
The superintendent may conduct
			 an examination or investigation as deemed necessary.
(5)
Decision.
The
			 superintendent shall approve or deny the application within 90 days after the
			 purchase and assumption application has been accepted for processing and within
			 180 days after the merger application has been accepted for processing. The
			 decision by the superintendent shall be conveyed in writing to the applicant.
			 If the application is approved, the superintendent shall issue the appropriate
			 authorizations.
This rule is intended to implement Iowa Code sections 524.1401 to 524.1405.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 2 - Application Procedures › Rule 187-2.4 - Establishment of a Bank Office

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
A state-chartered bank desiring to establish and
			 operate a bank office shall submit to the superintendent an "Application to
			 Establish a Bank Office," which is available upon request.
(2)
Investigation.
The
			 superintendent may conduct an investigation as deemed necessary.
(3)
Guidelines.
In
			 determining whether to approve or deny a bank office application for other than
			 a mobile office, a bank-owned courier service, or a convenience office, the
			 superintendent will consider the following factors:
a. Whether the convenience and needs of the
			 public and existing customers of the applicant bank will be served by the
			 proposed office.
b. Whether the
			 population density and other economic characteristics of the area primarily to
			 be served by the proposed office afford reasonable promise of adequate support
			 for the office.
c. Whether the
			 capital structure of the applicant bank is adequate in relation to the costs
			 and anticipated increased business, if any, occasioned by the proposed
			 office.
d. The history of operation
			 and management of the applicant bank.
e. Such other factors as the superintendent
			 may determine are relevant.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 2 - Application Procedures › Rule 187-2.5 - Change of Location of Principal Place of Business or Bank Office

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
A state
			 bank desiring to relocate its principal place of business or a bank office
			 shall submit to the superintendent an "Application to Relocate the Principal
			 Place of Business" or "Application to Relocate a Bank Office," which are
			 available on the division's website or upon request.
(2)
Investigation.
The
			 superintendent may conduct an investigation as deemed necessary.
(3)
Decision.
The
			 superintendent shall approve or deny the application within 90 days after the
			 application has been accepted for processing. The decision by the
			 superintendent shall be conveyed in writing to the applicant. If the
			 application is approved, the superintendent shall issue the appropriate
			 authorizations for the conduct of business at the new location.
This rule is intended to implement Iowa Code section
				524.312.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 2 - Application Procedures › Rule 187-2.6 - Change of Control

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
An application by any person to purchase or
			 otherwise acquire, directly or indirectly, outstanding shares of a state bank
			 which would result in control or a change in control shall be submitted in the
			 format requested by the superintendent and shall, at a minimum, contain the
			 following information:
a. Copy of the
			 agreement between the purchaser and seller for the sale of stock which results
			 in the buyer acquiring a majority interest in the state bank.
b. Terms of any bank stock loan including the
			 amount to be borrowed, rate of interest, number of years the loan is to run,
			 collateral pledged to secure the indebtedness and any other pertinent
			 information relating to such loan.
c. Financial statement of the purchaser and a
			 resume related to the purchaser's past experience and affiliations.
d. Pro forma statement of the purchaser's
			 income and expenses during the term of the bank stock loan and a statement from
			 the purchaser indicating which assets will be converted to cash or pledged as
			 security to provide the initial equity.
e. Projections of statement of condition of
			 the state bank to be purchased during the term of the bank stock
			 loan.
f. Projections of income and
			 expenses of the state bank to be purchased during the term of the bank stock
			 loan.
g. Any plans which the
			 purchaser may have which would represent major changes in the present staff or
			 policies of the state bank involved.
h. When requested by the superintendent, an
			 affidavit signed by the purchaser stating that the majority interest in the
			 state bank is not being acquired for the benefit of another person or
			 company.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 2 - Application Procedures › Rule 187-2.7 - Renewal, Amendment or Restatement of Articles of Incorporation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
Sample
			 forms and instructions for making application to the superintendent to renew,
			 amend or restate existing articles of incorporation of a state bank will be
			 furnished upon request to the superintendent. State banks desiring to effect a
			 reverse stock split or similar change in capital structure by such renewal,
			 amendment, or restatement should contact the superintendent to discuss the
			 proposal prior to its adoption.
(2)
Investigation.
The superintendent may conduct an investigation
			 as deemed necessary.
(3)
Reverse stock split.
Rescinded IAB 10/10/18, effective
			 11/14/18.
(4)
Decision.
The superintendent shall approve or deny the
			 application within 90 days after the application has been accepted for
			 processing. The decision by the superintendent shall be conveyed in writing to
			 the applicant. If the application is approved, the renewed, amended, or
			 restated articles of incorporation will be approved and forwarded to the
			 secretary of state for filing and recording. Upon filing such articles, the
			 secretary of state will return the original to the state bank and will also
			 issue a certificate to the state bank indicating the date the filing was
			 effective. Thereafter, the state bank will operate in accordance with its
			 renewed, amended, or restated articles of incorporation.
This rule is intended to implement Iowa Code sections 524.314,
				524.1505, 524.1508, and 524.1509.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 2 - Application Procedures › Rule 187-2.12 - Supplemental Application Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
This rule contains procedures by which the
			 superintendent may reach informed decisions with respect to those applications
			 for which the superintendent shall deem a public hearing necessary. These
			 procedures provide a method by which all persons interested in the subject
			 matter of such applications or other cases in which a public hearing is deemed
			 necessary may present their views. Nothing contained herein shall be construed
			 to prevent interested persons from presenting their views in a more informal
			 manner when deemed appropriate by the superintendent or to prevent the
			 superintendent from conducting such other investigation as may be deemed
			 appropriate.
(2)
Public
			 file.
The public file in each case shall consist of the application
			 with supporting data and supplementary information with the exception of
			 material deemed by the superintendent to be confidential. In addition, the
			 public file shall contain all data and information submitted by interested
			 persons in favor of or in opposition to such application, excluding any
			 material deemed by the superintendent to be confidential. The superintendent or
			 the superintendent's designee shall not deem information confidential for
			 purposes of the two immediately preceding sentences unless the person
			 submitting the information requests that such information be deemed
			 confidential. All factual information contained in any internal investigation
			 report made by a bank examiner shall also be made a part of the public file,
			 unless deemed confidential by the superintendent. The person submitting the
			 application may not request that the entire application be deemed confidential.
a. The public file shall be available for
			 inspection in the office of the superintendent upon request from a protesting
			 person and to such other persons as the superintendent shall deem to have a
			 direct interest therein during such periods of time as the superintendent shall
			 prescribe.
b. No documentation in
			 the public file may be removed from the superintendent's office by persons
			 other than members of the superintendent's staff. Photocopies may be made
			 available, on request, to protesting and other interested parties. The charge
			 for such copies shall be made in accordance with a written schedule maintained
			 by the superintendent.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 2 - Application Procedures › Rule 187-2.14 - Investment in a Bank Service Corporation or Other Subsidiary

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
An
			 application by a state bank to invest in a bank service corporation or other
			 subsidiary for purposes of engaging in an authorized activity shall be in
			 letter form and shall, at a minimum, contain the following information.
a. A detailed description of the proposed
			 authorized activity of the bank service corporation or other
			 subsidiary.
b. A detailed
			 description of the location(s) where the bank service corporation or other
			 subsidiary proposes to conduct its authorized activity.
c. Evidence that the bank service corporation
			 or other subsidiary:
(1) Will be adequately
			 capitalized in relation to the risks associated with the proposed authorized
			 activity;
(2) Will have sufficient
			 managerial resources to perform the proposed authorized activity;
(3) Will obtain all licenses and approvals
			 from other regulatory agencies necessary to perform the proposed authorized
			 activity;
(4) Will maintain a
			 separate and adequate accounting system and other corporate records;
			 and
(5) Will conduct its authorized
			 activity pursuant to independent policies and procedures designed to inform
			 customers and prospective customers of the bank service corporation or other
			 subsidiary that it is a separate organization from the state bank.
d. A legal opinion that the
			 proposed authorized activity of the bank service corporation or other
			 subsidiary is permissible under state and federal laws and regulations, if
			 requested by the superintendent.
e.
			 The amount which the state bank proposes to initially invest in the bank
			 service corporation or other subsidiary.
f. A copy of the resolution adopted by the
			 state bank's board of directors authorizing the investment in the bank service
			 corporation or other subsidiary.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 2 - Application Procedures › Rule 187-2.19 - Required Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The following is a schedule of the fees for corporate
				applications filed by state banks adopted by the superintendent:
Establish a bank office:
$2,000
Establish a mobile bank office, courier service, or
						  convenience office:
$2,000
Relocate principal place of business:
$1,050
Relocate a bank office:
$1,000
Conversion to a state bank:
$5,050 + examination fee
Merger:
Two banks:
$3,050
More than two banks (for each additional bank):
$1,500
Bank holding company into state bank:
$1,550
Voluntary dissolution:
$5,550
Purchase and assumption of assets and
						  liabilities:
$3,000
New (de novo) state bank:
$15,050
Reverse stock split:
$2,050
Change in bank control:
$1,000
Failure resolutions:
Acquisition by de novo group:
$5,500
Acquisition by existing bank, bank holding company, or
						  experienced group:
$3,000
Amendment or restatement of articles of
						  incorporation:
Review and file documents with secretary of state not
						  in conjunction with a pending application (example: amendments):
$550
Review and file documents with secretary of state in
						  conjunction with a conversion to or merger with a national bank or
						  thrift:
$550
State bank merger into out-of-state bank or national
						  bank:
$505
Certificate of Good Standing or Proof of Official
						  Records:
$25
This rule is intended to implement Iowa Code sections 524.213,
				524.303, 524.305, 524.312, 524.544, 524.802A, 524.1201, 524.1303, 524.1309,
				524.1401, 524.1402, 524.1403, 524.1404, 524.1405, 524.1410, 524.1413, 524.1415,
				524.1505, 524.1508 and 524.1509.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 4 - State Banking Council › Rule 187-4.1 - Composition of Council

Current through Register Vol. 47, No. 3, July 24, 2024
The state banking council is a statutory council composed of
				the superintendent, who is an ex officio member and chairperson, and six other
				members. All members of the council are appointed by the
				governor.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 4 - State Banking Council › Rule 187-4.2 - Term of Office

Current through Register Vol. 47, No. 3, July 24, 2024
The terms of office for members of the state banking council,
				other than the superintendent, shall be four-year, staggered terms. Beginning
				May 1, 2005, members shall be appointed by the governor as follows: one member
				shall be appointed for a one-year term, one member shall be appointed for a
				two-year term, two members shall be appointed for three-year terms, and two
				members shall be appointed for four-year terms.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 4 - State Banking Council › Rule 187-4.4 - Meetings and Method of Contacting Members of the Council

Current through Register Vol. 47, No. 3, July 24, 2024
The state banking council meets at least once each calendar
				quarter on such date and at such place as the council may decide. The council
				generally meets in the office of the superintendent, 200 East Grand Avenue,
				Suite 300, Des Moines, Iowa 50309-1827, which is also the address to correspond
				with any of the council members. The council shall meet at such other times as
				may be deemed necessary by the superintendent or a majority of the council
				members. Four members of the council shall constitute a quorum for each
				meeting.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 5 - Petitions for Rule Making › Rule 187-5.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition for rule making with the
				division at the Division of Banking, Attn: Rules Coordinator, 200 East Grand
				Avenue, Suite 300, Des Moines, Iowa 50309-1827. A petition is deemed filed when
				it is received by that office. The division must provide the petitioner with a
				file-stamped copy of the petition if the petitioner provides the division an
				extra copy for this purpose. The petition must be typewritten, or legibly
				handwritten in ink and must substantially conform to the following form:
DEPARTMENT OF COMMERCE DIVISION OF BANKING
Petition by (Name of Petitioner) for the (adoption, amendment,
				or repeal) of rules relating to (state subject matter).
}
PETITION FOR RULE MAKING
The petition must provide the following information:
1. A statement of the specific rule-making
			 action sought by the petitioner including the text or a summary of the contents
			 of the proposed rule or amendment to a rule and, if it is a petition to amend
			 or repeal a rule, a citation and the relevant language to the particular
			 portion or portions of the rule proposed to be amended or repealed.
2. A citation to any law deemed relevant to
			 the division's authority to take the action urged or to the desirability of
			 that action.
3. A brief summary of
			 petitioner's arguments in support of the action urged in the
			 petition.
4. A brief summary of any
			 data supporting the action urged in the petition.
5. The names and addresses of other persons,
			 or a description of any class of persons, known by petitioner to be affected by
			 or interested in, the proposed action which is the subject of the
			 petition.
6. Any request by
			 petitioner for a meeting provided for by rule 5.4(17A).
(1) The petition must be dated and signed by
			 the petitioner or the petitioner's representative. It must also include the
			 name, mailing address, and telephone number of the petitioner and petitioner's
			 representative, and a statement indicating the person to whom communications
			 concerning the petition should be directed.
(2) The division may deny a petition because
			 it does not substantially conform to the required form.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 5 - Petitions for Rule Making › Rule 187-5.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of
				the action urged in the petition. The division may request a brief from the
				petitioner or from any other person concerning the substance of the
				petition.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 5 - Petitions for Rule Making › Rule 187-5.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				may be made to the Division of Banking, Attn: Rules Coordinator, 200 East Grand
				Avenue, Suite 300, Des Moines, Iowa 50309-1827.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 5 - Petitions for Rule Making › Rule 187-5.4 - Division Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within 14 days after the filing of a petition, the division must submit a copy
			 of the petition and any accompanying brief to the administrative rules
			 coordinator and to the administrative rules review committee. Upon request by
			 petitioner in the petition, the division must schedule a brief and informal
			 meeting between the petitioner and the division, a member of the division, or a
			 member of the staff of the division, to discuss the petition. The division may
			 request the petitioner to submit additional information or argument concerning
			 the petition. The division may also solicit comments from any person on the
			 substance of the petition. Also, comments on the substance of the petition may
			 be submitted to the division by any person.
(2) Within 60 days after the filing of the
			 petition, or within any longer period agreed to by the petitioner, the division
			 must, in writing, deny the petition, and notify petitioner of its action and
			 the specific grounds for the denial, or grant the petition and notify
			 petitioner that it has instituted rule-making proceedings on the subject of the
			 petition. Petitioner shall be deemed notified of the denial or grant of the
			 petition on the date when the division mails or delivers the required
			 notification to petitioner.
(3)
			 Denial of a petition because it does not substantially conform to the required
			 form does not preclude the filing of a new petition on the same subject that
			 seeks to eliminate the grounds for the division's rejection of the
			 petition.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the division of banking for
				a declaratory order as to the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of the division of
				banking, at the Iowa Division of Banking, Attn: Rules Coordinator, 200 East
				Grand Avenue, Suite 300, Des Moines, Iowa 50309-1827. A petition is deemed
				filed when it is received by that office. The division shall provide the
				petitioner with a file-stamped copy of the petition if the petitioner provides
				the division an extra copy for this purpose. The petition must be typewritten
				or legibly handwritten in ink and must substantially conform to the following
				form:
DEPARTMENT OF COMMERCE DIVISION OF BANKING
Petition by (Name of Petitioner) for a Declaratory Order on
				(Cite provisions of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by 6.7(17A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the division shall give notice of the petition to all persons not served
				by the petitioner pursuant to 6.6(17A) to whom notice is required by any
				provision of law. The division may also give notice to any other
				persons.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
			 qualify under any applicable provision of law as an intervenor and who file a
			 petition for intervention within six days of the filing of a petition for
			 declaratory order shall be allowed to intervene in a proceeding for a
			 declaratory order.
(2) Any person
			 who files a petition for intervention at any time prior to the issuance of an
			 order may be allowed to intervene in a proceeding for a declaratory order at
			 the discretion of the division of banking.
(3) A petition for intervention shall be
			 filed at Division of Banking, Attn: Rules Coordinator, 200 East Grand Avenue,
			 Suite 300, Des Moines, Iowa 50309-1827. Such a petition is deemed filed when it
			 is received by that office. The division will provide the petitioner with a
			 file-stamped copy of the petition for intervention if the petitioner provides
			 an extra copy for this purpose. A petition for intervention must be typewritten
			 or legibly handwritten in ink and must substantially conform to the following
			 form:
DEPARTMENT OF COMMERCE DIVISION OF BANKING
Petition by (Name of Original Petitioner) for a Declaratory
				Order on (Cite provisions of law cited in original petition).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervener's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervener's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervener's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervener's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervener's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The division of banking may request a brief from the
				petitioner, any intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to Division of Banking, Attn: Rules Coordinator, 200
				East Grand Avenue, Suite 300, Des Moines, Iowa 50309-1827.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
Filing
-
when required.
All petitions for
			 declaratory orders, petitions for intervention, briefs, or other papers in a
			 proceeding for a declaratory order shall be filed with Division of Banking,
			 Attn: Rules Coordinator, 200 East Grand Avenue, Suite 300, Des Moines, Iowa
			 50309-1827. All petitions, briefs, or other papers that are required to be
			 served upon a party shall be filed simultaneously with the division.
(3)
Method of service, time of
			 filing, and proof of mailing.
Method of service, time of filing, and
			 proof of mailing shall be as provided by rule on contested cases
			 187-11.12
			 (17A).
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the division of banking must
				schedule a brief and informal meeting between the original petitioner, all
				intervenors, and the division of banking, a member of the division of banking,
				or a member of the staff of the division of banking, to discuss the questions
				raised. The division may solicit comments from any person on the questions
				raised. Also, comments on the questions raised may be submitted to the division
				of banking by any person.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after
			 receipt of a petition for a declaratory order, the superintendent or the
			 superintendent's designee shall take action on the petition as required by 1998
			 Iowa Acts, chapter 1202, section 13(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order is as defined in rule on contested cases
			 187-11.2
			 (17A).
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The division shall not issue a declaratory order where prohibited by 1998 Iowa
			 Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory order
			 on some or all questions raised for the following reasons:
1. The petition does not substantially comply
			 with the required form.
2. The
			 petition does not contain facts sufficient to demonstrate that the petitioner
			 will be aggrieved or adversely affected by the failure of the division to issue
			 an order.
3. The division of
			 banking does not have jurisdiction over the questions presented in the
			 petition.
4. The questions
			 presented by the petition are also presented in a current rule making,
			 contested case, or other division or judicial proceeding, that may definitively
			 resolve them.
5. The questions
			 presented by the petition would more properly be resolved in a different type
			 of proceeding or by another body with jurisdiction over the matter.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge a division decision already
			 made.
9. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner.
10. The petitioner
			 requests the division of banking to determine whether a statute is
			 unconstitutional on its face.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its
				conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 6 - Declaratory Orders › Rule 187-6.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the
				division of banking, the petitioner, and any intervenors and is applicable only
				in circumstances where the relevant facts and the law involved are
				indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on the
				division. The issuance of a declaratory order constitutes final division action
				on the petition.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 7 - Public Records and Fair Information Practices › Rule 187-7.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of records.
A
			 request for access to a record should be directed to the office where the
			 record is kept. If the location of the record is not known by the requester,
			 the request shall be directed to the Iowa Division of Banking, 200 East Grand
			 Avenue, Suite 300, Des Moines, Iowa 50309-1827. If a request for access to a
			 record is misdirected, agency personnel will promptly forward the request to
			 the appropriate person within the agency.
(2)
Office hours.
Open
			 records shall be made available during all customary office hours, which are 8
			 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays and legal
			 holidays.
(7)
Fees.
c. Supervisory fee. In
			 lieu of "(specify time period)" insert "one-half hour". Delete the
			 parenthetical sentence at the end of the paragraph.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 7 - Public Records and Fair Information Practices › Rule 187-7.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 7.10(17A,22) or in any notice given for a particular record
			 system.
b. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely as a statistical research or reporting record, provided that the record
			 is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if the head of such government agency or
			 instrumentality has submitted a written request to the agency specifying the
			 record desired and the law enforcement activity for which the record is
			 sought.
d. To an individual
			 pursuant to a showing of compelling circumstances affecting the health or
			 safety of any individual if a notice of the disclosure is transmitted to the
			 last known address of the subject.
e. To the legislative services agency under
			 Iowa Code section
			 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 7 - Public Records and Fair Information Practices › Rule 187-7.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) "Routine
			 use" means the disclosure of a record without the consent of the subject or
			 subjects for a purpose which is compatible with the purpose for which the
			 record was collected. It includes disclosures required to be made by statute
			 other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may upon request of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order.
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. Transfers of information within the
			 agency, to other state agencies, or to local units of government as appropriate
			 to administer the program for which the information is collected.
e. Information released to staff of federal
			 and state entities for audit purposes or for purposes of determining whether
			 the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 7 - Public Records and Fair Information Practices › Rule 187-7.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to agency disclosure of confidential records as provided in
			 rule 7.7(17A,22).
(2)
Complaints to public officials. A
letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may,
			 to the extent permitted by law, be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 7 - Public Records and Fair Information Practices › Rule 187-7.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The subject of a confidential record may file a written request to review
			 confidential records about that person, as provided in rule 7.6(17A,22).
			 However, the agency need not release the following records to the subject:
a. The identity of a person providing
			 information to the agency need not be disclosed directly or indirectly to the
			 subject of the information when the information is authorized to be held
			 confidential pursuant to Iowa Code subsection
			 22.7(18)
			  or other provision of law.
b. Records need not be disclosed to the
			 subject when they are the work product of an attorney or are otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 the Iowa Code. (See Iowa Code subsection
			 22.7(5)
			 )
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 7 - Public Records and Fair Information Practices › Rule 187-7.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information that is collected, maintained, and retrieved by the
				agency by personal identifier in record systems as defined in rule 7.1(17A,22).
				The division of banking does not maintain groups of records to be retrieved by
				individual identifiers. Division records concerning regulated entities may
				contain financial and other personal information about individuals who are
				officers, shareholders, employees, or customers of regulated entities or do
				business with them. The division of banking does not currently have a data
				processing system which matches, collates, or permits the comparison of
				personally identifiable information in one record system with personally
				identifiable information in another record system. The record systems
				maintained by the agency are:
(1)
Personnel files.
The agency maintains files containing
			 information about employees, families and dependents, and applicants for
			 positions with the agency. The files include an individual's employment
			 history, such as hiring and recruitment correspondence, salary, payroll and
			 benefit information, record of personnel actions, military status, affirmative
			 action statistics, education and training completed, professional certification
			 achievements, professional organizational involvement, performance evaluation
			 reports, and other information concerning the employer-employee relationship.
			 This information is collected pursuant to Iowa Code section
			 524.208,
			 and some of the information is confidential under Iowa Code sections
			 22.7(11)
			  and
			 22.7(18).
			 The information is maintained on paper; and certain parts are also contained on
			 the agency's data processing system, as well as the state's mainframe automated
			 data processing system.
(2)
Payroll records.
Records showing individual earnings, hours
			 worked, leave usage, class, position, salary range, deductions, net pay with
			 agency summaries, and other related information. These records contain
			 personally identifiable information collected under the authority of Iowa Code
			 section
			 524.208,
			 and some of the information may be confidential under Iowa Code section
			 22.7(11).
			 The information is maintained on paper, with certain records maintained on the
			 state's payroll automated data processing system.