reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.2 - Grounds for Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Mandatory revocation.
The council shall revoke a law
			 enforcement officer's certification or a reserve peace officer's certification
			 upon a finding that the law enforcement officer or reserve peace officer has
			 done any of the following:
a. The law
			 enforcement officer or reserve peace officer pled guilty to or was convicted of
			 a felony;
b. The law enforcement
			 officer or reserve peace officer manufactured, sold, or conspired to
			 manufacture or sell an illegal drug other than an authorized act in connection
			 with official duties;
c. The law
			 enforcement officer or reserve peace officer pled guilty to or was convicted of
			 a crime constituting a misdemeanor crime of domestic violence or other domestic
			 abuse including other offenses or lesser included offenses stemming from
			 domestic abuse;
d. The law
			 enforcement officer or reserve peace officer pled guilty to or was convicted of
			 any offense classified as a tier I, tier II, or tier III sex offense in Iowa
			 Code chapter 692A;
e. The law
			 enforcement officer or reserve peace officer was discharged for serious
			 misconduct, as defined by Iowa Code section
			 80B.13A(1)
"b,"
from employment as a law enforcement officer;
f. The law enforcement officer or reserve
			 peace officer left, voluntarily quit, or was laid off when disciplinary
			 investigation or action was imminent or pending which could have resulted in
			 the law enforcement officer being discharged or the reserve officer being
			 removed for serious misconduct, if the council determined that the officer
			 engaged in serious misconduct;
g.
			 The law enforcement officer or reserve peace officer was convicted or pled
			 guilty to any offense under prior laws of this state or another jurisdiction,
			 or any offense under prior law that was prosecuted in a federal, military, or
			 foreign court, that is comparable to an offense listed in paragraphs
			 6.2(1)
"a"
to
"d."
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.3 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Computation of time and filing of
			 documents.
The computation of time and filing of documents shall be in
			 compliance with Iowa Code section
			 4.1(34).
(2)
Service
-
when
			 required.
Except where otherwise provided by law, every document filed
			 in a contested case proceeding shall be served upon each of the parties of
			 record to the proceeding, simultaneously with its filing. Except for the
			 original notice of hearing and an application for rehearing as provided in Iowa
			 Code section
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(3)
Service
-
how made.
Service upon a party
			 represented by an attorney shall be made upon the attorney unless otherwise
			 ordered. Service is made by delivery or by mailing a copy to the person's
			 last-known address. Service by mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule, or order
(4)
Filing
-
when
			 required.
After the notice of hearing, all documents in a contested
			 case proceeding shall be filed with the council at Iowa Law Enforcement
			 Academy, Camp Dodge, Johnston, Iowa 50131. All documents that are required to
			 be served upon a party shall be filed simultaneously with the council and, if
			 the presiding officer is not the council, at a location designated by the
			 presiding officer
(5)
Filing
-
when made.
Except where otherwise
			 provided by law, a document is deemed filed at the time it is delivered to the
			 council, delivered to an established courier service for immediate delivery to
			 that office, or mailed by first-class mail or state interoffice mail to that
			 office, so long as there is proof of mailing.
(6)
Proof of mailing.
Proof
			 of mailing includes either: a legible United States Postal Service postmark on
			 the envelope, a certificate of service, a notarized affidavit, or a
			 certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (document description)
				addressed to the (agency office and address) and to the names and addresses of
				the parties listed below by depositing the same in (a United States post office
				mailbox with correct postage properly affixed or state interoffice
				mail).
(Date) (Signature)
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.4 - Prehearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Council subpoenas.
Prior to the commencement of a contested
			 case, the council may exercise the authority to subpoena books, papers, and
			 records and shall have all other subpoena powers conferred upon it by
			 law.
(2)
Commencement of
			 contested case proceedings.
Contested case proceedings shall be
			 commenced by the delivery of a notice by the council or its designee requiring
			 the affected law enforcement officer to appear and show cause as to why
			 certification to be a law enforcement officer in the state of Iowa should not
			 be revoked or suspended. Notice may be given in the same manner as the service
			 of original notice as provided in the Iowa Rules of Civil Procedure; by
			 certified restricted mail, return receipt requested; by signed acknowledgment
			 accepting service; or, when service cannot be accomplished using the
			 aforementioned methods, notice of hearing shall be published once each week for
			 three consecutive weeks in a newspaper of general circulation, published or
			 circulated in the county of last-known residence of the affected law
			 enforcement officer The first notice of hearing shall be published at least 30
			 days prior to the scheduled hearing.
The notice shall include:
a. A statement of the time, place and nature
			 of the hearing;
b. A statement of
			 the legal authority and jurisdiction under which the hearing is held;
c. A reference to the particular sections of
			 the statutes and rules involved;
d.
			 A short and plain statement of the grounds for revocation or suspension and
			 relevant facts;
e. Reference to the
			 procedural rules governing conduct of the contested case proceeding;
			 and
f. Identification of the
			 presiding officer, if known. If not known, a description of who will serve as
			 presiding officer.
Notice may also be sent in the manner aforementioned or by
				ordinary mail to any other interested party. After the delivery of the notice
				commencing the contested case proceedings, the presiding officer may allow
				further response of pleadings by the party as, in the presiding officer's
				discretion, is deemed necessary and appropriate.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.5 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer assigned to render a proposed decision will be an
			 administrative law judge employed by the Iowa department of inspections and
			 appeals. However, the council in its discretion may elect to preside over a
			 case in lieu of an administrative law judge.
(2) Any party who wishes to request that the
			 presiding officer assigned to render a proposed decision be an administrative
			 law judge employed by the Iowa department of inspections and appeals must file
			 a written request within 20 days after service of a notice of hearing which
			 identifies or describes the presiding officer as the council.
(3) The council may deny the request only
			 upon a finding that one or more of the following apply:
a. Neither the council nor any officer of the
			 council under whose authority the contested case is to take place is a named
			 party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. An administrative law judge is unavailable
			 to hear the case within a reasonable time.
d. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
e. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
f. Funds are unavailable to
			 pay the costs of an administrative law judge and an interagency
			 appeal.
g. The request was not
			 timely filed.
h. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.6 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or council member shall withdraw from participation in the making of
			 any proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
			 degree of relationship that:
(1) Is a party
			 to the case, or an officer, director or trustee of a party;
(2) Is a lawyer in the case;
(3) Is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) Is likely to be a material witness in the
			 case; or
g. Has any other
			 legally sufficient cause to withdraw from participation in the decision making
			 in that case.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.7 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
A party has no automatic right to a continuance or delay of the
				council's hearing procedure or schedule. However, a party may request a
				continuance of the presiding officer prior to the date set for hearing. The
				presiding officer shall have the power to grant continuances. Within seven days
				of the date set for hearing, no continuances shall be granted except for
				extraordinary, extenuating or emergency circumstances.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.8 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Contested case proceeding. Unless the parties to a contested case proceeding
			 have by written stipulation representing an informed mutual consent waived the
			 provisions of the Act relating to the proceedings, contested case proceedings
			 shall be initiated and culminate in an evidentiary hearing open to the public.
			 Parties shall have been notified of the date and place of the hearing at least
			 30 days prior thereto.
a. Evidentiary
			 hearings before the council shall be held at the council's principal office,
			 Iowa Law Enforcement Academy, Camp Dodge, Johnston, Iowa, except that a case
			 may be assigned for hearing elsewhere when deemed necessary to afford a party
			 an opportunity to appear at the hearing with as little inconvenience and
			 expense as practicable.
b.
			 Evidentiary hearings before an administrative law judge shall be held at an
			 appropriate location designated by the department of inspections and
			 appeals.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.9 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues concerning allegations raised on the
			 face of petition for decertification as to which the parties received notice
			 prior to the hearing.
(4) The party
			 seeking admission of an exhibit must provide opposing parties with an
			 opportunity to examine the exhibit prior to the ruling on its admissibility.
			 Copies of documents should normally be provided to opposing parties. All
			 exhibits admitted into evidence shall be appropriately marked and be made part
			 of the record.
(5) Any party may
			 object to specific evidence or may request limits on the scope of any
			 examination or cross-examination. Such an objection shall be accompanied by a
			 brief statement of the grounds upon which it is based. The objection, the
			 ruling on the objection, and the reasons for the ruling shall be noted in the
			 record. The presiding officer may rule on the objection at the time it is made
			 or may reserve a ruling until the written decision.
(6) Whenever evidence is ruled inadmissible,
			 the party offering that evidence may submit an offer of proof on the record.
			 The party making the offer of proof for excluded oral testimony shall briefly
			 summarize the testimony or, with permission of the presiding officer, present
			 the testimony. If the excluded evidence consists of a document or exhibit, it
			 shall be marked as part of an offer of proof and inserted in the
			 record.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.12 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the
				council may review an interlocutory order of the presiding officer In
				determining whether to do so, the council shall weigh the extent to which its
				granting the interlocutory appeal would expedite final resolution of the case
				and the extent to which review of that interlocutory order by the council at
				the time it reviews the proposed decision of the presiding officer would
				provide an adequate remedy. Any request for interlocutory review must be filed
				within 14 days of issuance of the challenged order, but no later than the time
				for compliance with the order or the date of hearing, whichever is
				first.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.13 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When
			 the council presides over the reception of evidence at the hearing, its
			 decision is a final decision.
(2)
			 When the council does not preside over the reception of evidence at the
			 hearing, the presiding officer shall make a proposed decision. The proposed
			 decision becomes the final decision of the council without further proceedings
			 unless there is an appeal to, or review on motion of, the council within the
			 time provided in rule 501-6.14 (80B,17A).
(3) Final decisions shall be served on the
			 affected law enforcement officer using one of the following methods: the same
			 manner as the service of original notice as provided in the Iowa Rules of Civil
			 Procedure; by certified restricted mail, return receipt requested; by signed
			 acknowledgment accepting service; or, when service cannot be accomplished using
			 the aforementioned methods, notice of hearing shall be published once each week
			 for three consecutive weeks in a newspaper of general circulation, published or
			 circulated in the county of last-known residence of the affected law
			 enforcement officer If the officer is represented by an attorney, the final
			 decision shall be mailed to the attorney. The attorney may waive the
			 requirement to serve the affected law enforcement officer through a written
			 acknowledgment that the attorney is accepting service on behalf of the
			 client.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.14 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the council within 30 days after issuance of the proposed
			 decision.
(2)
Review.
The council may initiate review of a proposed decision
			 on its own motion at any time within 30 days following the issuance of such a
			 decision.
(3)
Notice of
			 appeal.
An appeal of a proposed decision is initiated by filing a
			 timely notice of appeal with the council. The notice of appeal must be signed
			 by the appealing party or a representative of that party and contain a
			 certificate of service. The notice shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought; and
e. The grounds for relief.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.15 - Application for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the council decision on the existing record and whether, on the basis
			 of the grounds enumerated insubrule 6.14(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the council within 20 days after issuance of
			 the final decision.
(4)
Notice to other parties. A
copy of the application shall be
			 timely mailed by the applicant to all parties of record not joining therein. If
			 the application does not contain a certificate of service, the council shall
			 serve copies on all parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied unless the council grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.16 - Stays of Council Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the council for a stay of an order
			 issued in that proceeding or for other temporary remedies, pending review by
			 the council. The petition shall be filed with the notice of appeal and shall
			 state the reasons justifying a stay or other temporary remedy. The director may
			 rule on the stay or authorize the presiding officer to do so.
b. Any party to a contested case proceeding
			 may petition the council for a stay or other temporary remedies pending
			 judicial review of all or part of that proceeding. The petition shall state the
			 reasons justifying a stay or other temporary remedy.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.17 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 6 - Decertification › Rule 501-6.18 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
Any person whose certification has been suspended may apply to
				the board for reinstatement in accordance with the terms and conditions of the
				order of suspension and this rule. Any person whose certification has been
				revoked is not eligible for reinstatement.
(1) All proceedings for reinstatement shall
			 be initiated by the law enforcement officer or reserve peace officer, who shall
			 file with the academy council an application for reinstatement. Such
			 application shall be docketed in the original case in which the certification
			 was suspended. All proceedings upon the application for reinstatement shall be
			 subject to the same rules of procedure as other cases before the academy
			 council.
(2) An application for
			 reinstatement shall allege facts which, if established, will be sufficient to
			 enable the academy council to determine that the basis for the suspension of
			 the law enforcement officer's or reserve peace officer's certification no
			 longer exists and that it will be in the public interest for the certification
			 to be reinstated. The burden of proof to establish such facts shall be on the
			 law enforcement officer or reserve peace officer seeking
			 reinstatement.
(3) An order denying
			 or granting reinstatement shall be based upon a decision which incorporates
			 findings of fact and conclusions of law.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency"
means the Iowa law enforcement
				academy.
"Confidential record"
means a record which is
				not available as a matter of right for examination and copying by members of
				the public under applicable provisions of law. Confidential records include
				records or information contained in records that the agency is prohibited by
				law from making available for examination by members of the public, and records
				or information contained in records that are specified as confidential by Iowa
				Code section
				22.7, or other
				provision of law, but that may be disclosed upon order of a court, the lawful
				custodian of the record, or by another person duly authorized to release the
				record. Mere inclusion in a record of information declared confidential by an
				applicable provision of law does not necessarily make that entire record a
				confidential record.
"Custodian"
means the Iowa law enforcement
				academy, or a person lawfully delegated authority by the Iowa law enforcement
				academy to act for the agency in implementing Iowa Code chapter 22.
"Open record"
means a record other than a
				confidential record.
"Personally identifiable information"
means
				information about or pertaining to an individual in a record which identifies
				the individual and which is contained in a record system.
"Record"
means the whole or a part of a public
				record as defined in Iowa Code section
				22.1.
"Record system"
means any group of records
				under the control of the agency from which a record may be retrieved by a
				personal identifier such as the name of an individual, number, symbol, or other
				unique retriever assigned to an individual.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter implements Iowa Code section
				22.11
				by establishing agency policies and procedures for the maintenance of records.
				The purpose of this chapter is to facilitate public access to open records. It
				also seeks to facilitate sound agency determinations with respect to the
				handling of confidential records and the implementation of the fair information
				practices Act. This agency is committed to the policies set forth in Iowa Code
				chapter 22; agency staff shall cooperate with members of the public in
				implementing the provisions of that chapter
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.5 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				request with the custodian to review, and to have a written statement of
				additions, dissents, or objections entered into, a record containing personally
				identifiable information pertaining to that person. However, this does not
				authorize a person who is a subject of such a record to alter the original copy
				of that record or to expand the official record of any agency proceeding. The
				requester shall send the request to review such a record or the written
				statement of additions, dissents, or objections to the custodian or to the Iowa
				law enforcement academy. The request to review such a record or the written
				statement of such a record of additions, dissents or objections must be dated
				and signed by the requester, and shall include the current address and
				telephone number of the requester or the requester's representative.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.6 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				22.7 or other
				applicable provisions of law, the lawful custodian may disclose certain
				confidential records to one or more members of the public. Other provisions of
				law authorize or require the custodian to release specified confidential
				records under certain circumstances or to particular persons. In requesting the
				custodian to permit the examination and copying of such a confidential record,
				the following procedures apply and are in addition to those specified for
				requests for access to records in rule 501-7.3(17A,22).
(1)
Proof of identity.
A
			 person requesting access to a confidential record may be required to provide
			 proof of identity or authority to secure access to the record.
(2)
Requests.
The custodian
			 may require that a request to examine and copy a confidential record be in
			 writing. A person requesting access to such a record may be required to sign a
			 certified statement or affidavit enumerating the specific reasons justifying
			 access to the confidential record and to provide any proof necessary to
			 establish relevant facts.
(3)
Notice to subject of record and opportunity to obtain
			 injunction.
After the custodian receives a request for access to a
			 confidential record, and before the custodian releases such a record, the
			 custodian may make reasonable efforts to notify promptly any person who is a
			 subject of that record, is identified in that record, and whose address or
			 telephone number is contained in that record. To the extent such a delay is
			 practicable and in the public interest, the custodian may give the subject of
			 such a confidential record to whom notification is transmitted a reasonable
			 opportunity to seek an injunction under Iowa Code section
			 22.8,
			 and indicate to the subject of the record the specific period of time during
			 which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
			 custodian denies a request for access to a confidential record, the custodian
			 shall promptly notify the requester If the requester indicates to the custodian
			 that a written notification of the denial is desired, the custodian shall
			 promptly provide such a notification that is signed by the custodian and that
			 includes:
a. The name and title or position of
			 the custodian responsible for the denial; and
b. A citation to the provision of law vesting
			 authority in the custodian to deny disclosure of the record and a brief
			 statement of the reasons for the denial to this requester
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.7 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall notify persons completing agency forms of the
				use that will be made of personal information, which persons outside the agency
				might routinely be provided this information, which parts of the requested
				information are required and which are optional, and the consequences of a
				failure to provide the information requested. This notice may be given in these
				rules, on the form used to collect the information, on a separate fact sheet or
				letter, in brochures, in formal agreements, in contracts, in handbooks, in
				manuals, verbally, or by other appropriate means. Notice need not be given in
				connection with discovery requests in litigation or administrative proceedings,
				subpoenas, investigations of possible violations of law, or similar demands for
				information.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.8 - 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 501-7.9 (17A,22) or in any
			 notice for a particular record system.
b. To a recipient who has provided the agency
			 with advance written assurance that the record will be used solely as a
			 statistical research or reporting record, provided that the record is
			 transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of 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 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.9 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "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 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.10 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, a
				person who is the subject of a confidential record may have a copy of the
				portion of that record concerning the subject disclosed to a third party. A
				request for such a disclosure must be in writing and must identify the
				particular record or records that may be disclosed, and the particular person
				or class of persons to whom the record may be disclosed (and, where applicable,
				the time period during which the record may be disclosed). The person who is
				the subject of the record and, where applicable, the person to whom the record
				is to be disclosed, may be required to provide proof of identity. (Additional
				requirements may be necessary for special classes of records.) Appearance of
				counsel on behalf of a person who is the subject of a confidential record is
				deemed to constitute consent for the agency to disclose records about that
				person to the person's attorney.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.11 - 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 501-7.5 (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 section
			 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 section
			 22.7(5).)
d. Examination may be withheld as defined in
			 Iowa Code section
			 22.7(19).
e. Decertification requests or information
			 concerning decertification procedures under Iowa Code section
			 80B.13(8)
			  and 501-Chapter 6.
f. As otherwise authorized by
			 law.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.14 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than a record system as defined in rule 501-7.1 (17A,22). These records
				are routinely available to the public; however, the agency's files of these
				records may contain confidential information as discussed in rule
				501-7.12(17A,22). The records listed may contain information about individuals.
				All records are stored on paper or in computer systems.
(1)
Council records.
Agendas, minutes, and materials presented to the Iowa law enforcement academy
			 council are available at the Iowa law enforcement academy, except those records
			 concerning executive sessions which are exempt from disclosure under Iowa Code
			 section 21.5 or which are otherwise confidential by law. Council records
			 contain information about people who participate in meetings. This information
			 is collected pursuant to Iowa Code section 21.5.
(2)
Administrative records.
This includes documents concerning budget, property inventory, reservation and
			 use of facility space, purchasing, yearly reports, office policies for
			 employees, time sheets, printing and supply requisitions, and income sources
			 such as psychological testing fees, petty cash, tuition, film rentals, and room
			 rentals.
(3)
Publications.
The office receives a number of books,
			 periodicals, videotapes, films, newsletters, government documents, etc. Some of
			 these records may be protected by copyright law. Many of these publications of
			 general interest are available in the state law library.
(4)
Rule-making records.
Public documents generated during the promulgation of agency rules, including
			 notices and public comments, are available for public inspection.
(5)
Office manuals.
Information in office manuals such as the instructor outlines or policy manuals
			 may be confidential under Iowa Code section 17A.2(11)
"f"
or
			 other applicable provision of law.
(6)
Office publications.
The
			 agency maintains statistical reports and other written documentation to educate
			 the public about the Iowa law enforcement academy to be used in program
			 planning and budget projections.
(7)
Legislative files.
These
			 files keep a record of bills being considered by the Iowa legislature each
			 legislative session. These records are public records and can best be obtained
			 by contacting the Iowa house or senate bill room at the state
			 capitol.
(8)
Research
			 files.
These files are kept as working files to research and
			 scrutinize different concerns particular to law enforcement and the academy's
			 training and rule-making obligations. Some of this information is confidential
			 as attorney-client work product, as under Iowa Code section 17A.2 or 22.7, or
			 other applicable provisions of law.
(9)
All other records.
Records are open if not exempted from disclosure by law.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 8 - Mandatory In-service and Specialty Training Requirements › Rule 501-8.1 - Mandatory In-service Training Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
All regular law enforcement officers shall meet the following
				in-service training requirements. The elected or appointed official designated
				as the head of the agency employing the regular law enforcement officer shall
				ensure compliance with the training requirements listed.
(1)
Mandatory training and
			 certification requirements.
A regular law enforcement officer must
			 receive in-service training from a course of study approved by the Iowa law
			 enforcement academy.
a. Annual firearms
			 qualification
b. National crime
			 information center (NCIC) certification (Federal Bureau of
			 Investigation)
c. Hazard
			 communications (OSHA Standard 1910.1200(h))
d. Hazardous materials (OSHA Standard
			 1910.120(q)(8)(i))
e. Bloodborne
			 pathogens (OSHA Standard 1910.1030(g)(2)) 1 hour per year
f. Implicit bias/de-escalation training (Iowa
			 Code section 80B.11G)  4 hours per year
g. Mental health training (Iowa Code section
			 80B.11(1)
"c"
(3)) 1 hour per year
h. Cardiopulmonary resuscitation (CPR), AED
			 and foreign body airway obstruction for all age groups. (Standards defined by
			 the International Liaison Committee on Resuscitation)
i. Mandatory reporter training for child and
			 dependent adult abuse provided by the department of human services (Iowa Code
			 sections 232.69(1)
"b"
(11), 232.69(3)
"b,"
235B.3(2)
"b"
and 235B.16(5)
"b"
). A child
			 abuse or dependent adult abuse training certificate relating to the
			 identification and reporting of child abuse or dependent adult abuse issued
			 prior to July 1, 2019, remains effective and continues in effect as issued for
			 the five-year period following its issuance.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 8 - Mandatory In-service and Specialty Training Requirements › Rule 501-8.2 - Instructors

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A peace officer instructor who instructs
			 in a law enforcement-related training area, as determined by the law
			 enforcement agency administrator, may receive hour-for-hour credit toward the
			 in-service training requirement for the subject taught.
(2) In-service training programs, specialized
			 classes, or other courses of instruction that are not Iowa law enforcement
			 academy instructor certifying schools, may be developed and instructed by any
			 individual deemed qualified by the law enforcement agency
			 administrator.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 8 - Mandatory In-service and Specialty Training Requirements › Rule 501-8.3 - In-service Training Requirements for Former Regular Law Enforcement Officers Who Return to Law Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
Any individual who leaves and then returns to an Iowa law
				enforcement officer position must complete all requirements outlined in subrule
				8.1(1) within one year of the individual's hiring date. Additionally, the
				individual must complete additional general in-service requirements of law
				enforcement-related training as defined in subrule 8.1(2) plus the appropriate
				hours listed below:
Period Outside of Iowa Law
In-Service Training Required
Enforcement
More than 12 months to 24 months
24 hours
More than 24 months to 36 months
36 hours
More than 36 months
60 hours
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 8 - Mandatory In-service and Specialty Training Requirements › Rule 501-8.5 - Training Officers on Interviewing/investigating an Officer Subject to a Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An agency employing full-time or
			 part-time officers shall provide training to any officer or supervisor who
			 performs or supervises an investigation under Iowa Code section 80F.1 and shall
			 maintain documentation of completed training.
(2) Pursuant to Iowa Code section 80F.1(22),
			 a peace officer or supervisor who performs or supervises an investigation of an
			 officer who is the subject of a complaint shall receive a minimum of two hours
			 of training on the fundamentals of interviewing. It is recommended that a peace
			 officer who performs active investigations of officers who are the subject of
			 complaints also receive additional training.
(3) Pursuant to Iowa Code section 80F.1(22),
			 a peace officer or supervisor who performs or supervises an investigation of an
			 officer who is the subject of a complaint shall complete a minimum of two hours
			 of training on the following areas:
a. Peace
			 officer, public safety, and emergency personnel bill of rights (Iowa Code
			 section 80F.1) .
b. Garrity warning
			 (
Garrity v. New Jersey
,  385 U.S. 493  (1967)).
c. Peace officer disciplinary hearing (with
			 applicable agency policy).
The training required under this subrule shall be conducted by
				a licensed attorney familiar with Iowa law. It is recommended that a peace
				officer who performs active investigations of officers who are the subject of
				complaints also receive additional training.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 9 - Jailer Training › Rule 501-9.2 - Holding Facility Personnel Training

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Basic
			 training.
All appointed facility administrators and designees shall
			 meet the following requirements within one year of employment or assignment:
a. Facility administrators and supervisors
			 employed in holding facilities shall receive ten hours of training within the
			 first year of employment. This training shall include the following required
			 topics or comparable course content:
(1)
			 Suicide prevention/mental illness (201-paragraph
			 50.15(6)
"c"
).
(2)
			 Prison rape elimination act (PREA) (Title  42 U.S.C. 147).
(3) Legal: training topics in paragraphs "1"
			 through "5" must include references to the Iowa Code, jail standards and
			 relevant case law.
1. Grievance and
			 disciplinary procedures (201-subrule 50.21(4)).
2. Constitutional rights of inmates
			 (201-Chapter 50).
3. Introduction
			 to Iowa criminal law as applicable to a jail setting (201-Chapter
			 50).
4. Affirmative duty to
			 intervene/intercede.
5. Use of
			 force (Iowa Code sections 704.1, 704.2, 704.2A, 704.2B, 704.8) .
(4) Security procedures.
Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 9 - Jailer Training › Rule 501-9.3 - Training for Holding Facility Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Basic training.
All
			 appointed facility administrators and designees shall meet the following
			 requirements within one year of employment:
a. First aid and cardiopulmonary
			 resuscitation.
(1) The individual shall hold a
			 current course completion card in cardiopulmonary resuscitation, AED and
			 foreign body airway obstruction for adults according to national standards
			 recognized by the Iowa law enforcement academy.
(2) The individual shall hold a current
			 course completion card in first aid according to the national standards
			 recognized by the Iowa law enforcement academy, or shall add one of the
			 following:
1. Certification as an Iowa law
			 enforcement emergency care provider (ILEECP) from the Iowa law enforcement
			 academy.
2. Certification by the
			 Iowa department of public health as an emergency medical responder or
			 higher.
3. Certification of
			 completion of a first-aid training program appropriate to jail usage which was
			 developed by a sheriff's department. First-aid training criteria shall include,
			 at a minimum, the following topics:
* Shock.
* Bleeding control.
* Burns.
* Soft tissue and bone/joint injuries.
* Difficulty breathing.
* Chest pain.
* Allergic reaction.
* Poisoning.
* Seizures.
* Diabetic emergencies.
* Heat and cold emergencies.
* Suicide.
All instructors providing training pursuant to 9.3(1) "a" (2)
				"3" shall be certified pursuant to subrule 9.2(2).
4. Licensure to practice as a licensed
			 practical nurse, registered nurse or medical practitioner in the state of
			 Iowa.
(3) The individual
			 shall be certified as an instructor by the American Heart Association, the
			 American Red Cross or other national program as approved by the
			 academy.
(4) All certification or
			 licensure required by this rule must thereafter be maintained current according
			 to the standards of the certifying or licensing agency.