Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 2 - General Definitions › Rule 161-2.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Wherever "Act"
			 is used in rules of the commission it shall mean the Iowa Civil Rights Act of
			 1965, as amended (Iowa Code chapter 216).
(2) Unless indicated otherwise, the terms
			 "court," "person," "employment agency," "labor organization," "employer,"
			 "employee," "unfair practice," or "discriminatory practice," "commission,"
			 "commissioner," and "public accommodation" shall have the same meaning as set
			 forth in Iowa Code chapter 216.
(3)
			 The term "chairperson" shall mean the chairperson of the Iowa civil rights
			 commission; and the term "commissioner" shall mean any member, including the
			 chairperson, of the commission. The vice chairperson of the commission shall
			 serve, in the absence of the chairperson, as acting chairperson; and, in the
			 absence of the chairperson, the vice chairperson shall have all the duties,
			 powers and authority conferred upon the chairperson by the Act and commission
			 rules. At all times it shall be necessary that a quorum be present before the
			 commission can transact any official business.
(4) The term "complainant" shall mean the
			 person, as defined in Iowa Code subsection
			 216.2(11),
			 who makes a complaint of discrimination with the commission.
(5) The term "executive director" shall mean
			 an employee of the commission, selected by and serving at the will of the
			 governor, who shall have the duties, powers and authority conferred upon the
			 director by law.
(6) Except as
			 provided in paragraph
"b, "
the term "issuance" shall mean
			 mailing by regular mail or, when required, U.S. certified mail, a document or
			 letter indicating a decision or other administrative action of the commission.
			 When certified mail is required, the date of issuance of a decision or an
			 administrative action of the commission shall be the date the commission mails
			 by U.S. certified mail a document or letter indicating the decision or action.
			 When mailing is by regular mail, the date of mailing is presumed to be the date
			 on the cover letter accompanying the administrative action or decision unless
			 the date is shown to be in error.
a. Except as
			 provided in paragraph
"b, "
the verb "issue" shall mean to mail
			 by regular mail or, when required, by certified mail, a document or letter
			 indicating a decision or other administrative action of the commission. When
			 certified mail is required, the date an administrative action or decision is
			 "issued" shall be the date the commission mails by U.S. certified mail a
			 document or letter indicating the administrative decision or action. When
			 mailing is by regular mail, the date of mailing is presumed to be the date on
			 the cover letter accompanying the document or letter indicating the
			 administrative decision or action, unless this date is shown to be in
			 error
b. When used to refer to a
			 decision to administratively close a case, the term "issuance" and the verb
			 "issue" can mean either the mailing of the document indicating administrative
			 closure by regular mail or the mailing of that document by certified mail. The
			 date an administrative closure is issued is the date the administrative closure
			 is mailed to the complainant. When mailing is by regular mail, the date of
			 mailing is presumed to be the date on the cover letter accompanying the
			 administrative closure unless this date is shown to be in error When certified
			 mail is required, the date an administrative action or decision is "issued"
			 shall be the date the commission mails by U.S. certified mail a document or
			 letter indicating the decision or action.
c. When local mail is permissible, the date
			 of mailing is presumed to be the date on the cover letter
When used to refer to a subpoena, the term "issuance" and the
				verb "issue" shall each mean the signing of the subpoena by the issuing
				authority. The date a subpoena becomes effective is the date service is
				completed.