reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.11 - The Taking of Testimony

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
The taking of testimony is an internal device used by
			 the ombudsman to gather information and to assist in arriving at conclusions or
			 recommendations regarding an agency's actions.
(2)
Witnesses.
Any person
			 may be called to give testimony relating to a matter before the
			 ombudsman.
(3)
Notice.
The ombudsman shall provide to the person whose
			 testimony is sought reasonable notice of the date, time, and place for taking
			 that person's testimony. If the ombudsman issues a subpoena compelling a person
			 to give testimony, notice shall be provided in the subpoena.
(4)
Location.
The ombudsman
			 has discretion to take testimony from a person at the ombudsman's office or at
			 another location deemed appropriate by the ombudsman, or by telephone or other
			 electronic means.
(5)
Rights of witnesses.
A person who gives testimony is accorded
			 the same privileges and immunities as are extended to witnesses in the courts
			 of this state. The witness is entitled to be accompanied and advised by counsel
			 or other representative while being questioned, but only counsel may speak or
			 raise objections to questions on behalf of the witness. Objections to questions
			 shall be noted, but the witness shall answer all questions, except when a
			 privilege or immunity accorded to the witness has been asserted.
(6)
Conduct of testimony.
The ombudsman may administer oaths to persons giving testimony before the
			 ombudsman. The ombudsman determines the order for the taking of testimony and
			 may sequester witnesses or examine a witness privately. Questions will be posed
			 by the ombudsman. At the conclusion of the ombudsman's examination of a
			 witness, counsel for the witness may be permitted to question the witness,
			 after which the ombudsman may inquire further into any matters raised during
			 the examination. The scope of the questions shall be decided and may be limited
			 by the ombudsman.
(7)
Evidence.
Strict rules of evidence shall not apply. The
			 probative nature of any evidentiary matter shall be determined by the
			 ombudsman.
(8)
Record.
The ombudsman may record the testimony by audio or
			 video recording or by use of a certified court reporter. A copy of the
			 witness's testimony record may be provided to the witness upon request at the
			 conclusion of the investigation.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.12 - Disposition After Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Complaint unsubstantiated.
If, after completing an
			 investigation, the ombudsman determines the complaint is not substantiated
			 based upon a preponderance of the evidence, the ombudsman shall inform the
			 complainant and the agency involved of such determination.
(2)
Complaint indeterminate.
If, after completing an investigation, the ombudsman is unable to conclusively
			 determine based upon a preponderance of the evidence whether the complaint is
			 substantiated or unsubstantiated, the ombudsman shall inform the complainant
			 and the agency involved of such conclusion.
(3)
Complaint substantiated.
If, after completing an investigation, the ombudsman determines the complaint
			 is substantiated based upon a preponderance of the evidence, the ombudsman
			 shall inform the complainant and the agency involved of the findings of fact
			 and conclusions. If appropriate, the ombudsman shall also inform the agency of
			 any recommendation that:
a. The matter be
			 further considered by the agency;
b. The administrative action be modified or
			 canceled;
c. A rule on which an
			 administrative action is based be altered;
d. Reasons be given for an administrative
			 action; or
e. Any other action be
			 taken by the agency.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.13 - Investigative Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance of reports.
The ombudsman may prepare a report of the
			 findings of fact, conclusions, and recommendations relevant to an
			 investigation.
a.
Critical
			 reports.
If the ombudsman determines as a result of an investigation
			 that an administrative action of an agency, officer or employee warrants
			 criticism, the ombudsman may issue a critical report containing the findings,
			 conclusions and recommendations relevant to that investigation.
b.
Special reports.
A
			 special report may be issued if the findings of fact, conclusions, or
			 recommendations are not critical of an agency, or an officer or employee of an
			 agency, but are of significant interest to the public.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.14 - Annual Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When
			 and to whom submitted.
Pursuant to Iowa Code section
			 2C.18, the ombudsman shall by
			 April 1 of each year submit an economically designed and reproduced annual
			 report to the general assembly and to the governor concerning the activities
			 and work performed during the preceding calendar year.
(2)
Inclusion of reply by agency or
			 official.
If the annual report summarizes or discusses the findings,
			 conclusions or recommendations in a critical report and names the agency,
			 official or employee involved, the annual report shall also include any
			 unedited reply made by the agency, official or employee to the critical report,
			 unless inclusion of the reply is waived by the agency or official.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.15 - Referral for Disciplinary or Criminal Action

Current through Register Vol. 47, No. 3, July 24, 2024
If the ombudsman believes that a public official, employee, or
				other person has acted in a manner warranting a disciplinary or criminal
				proceeding, the ombudsman shall refer the matter to the appropriate
				authorities.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.16 - Privileges and Immunities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Immunity of ombudsman.
Except for removal from office as
			 provided in Iowa Code chapter 66 or for employment-related claims, no civil
			 action or other proceeding shall be commenced against the ombudsman or any
			 member of the staff for any official act or omission performed pursuant to the
			 provisions in Iowa Code chapter 2C, unless the act or omission is actuated by
			 malice or is grossly negligent.
(2)
Testimonial privilege.
The ombudsman or any member of the
			 staff shall not be compelled to testify in any judicial or administrative
			 proceeding with respect to any matter involving the exercise of the ombudsman's
			 official duties, except as may be necessary to enforce the provisions of Iowa
			 Code chapter 2C.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.17 - Penalties for Obstruction

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Penalties.
As provided in Iowa Code section
			 2C.22, any person who willfully
			 obstructs or hinders the lawful actions of the ombudsman or any member of the
			 staff, or who willfully misleads or attempts to mislead the ombudsman or a
			 member of the staff in the course of an inquiry or investigation, shall be
			 guilty of a simple misdemeanor.
(2)
Prosecution.
The ombudsman shall refer for prosecution a
			 violation of Iowa Code section
			 2C.22 to the county attorney in
			 the county where the violation occurred.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency "
means the office of
				ombudsman.
"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
				of 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.
"Custodian "
means the agency or a person
				lawfully delegated authority by the agency 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, that is owned by or in the
				physical possession of this agency.
"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 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.2 - 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 and access to records.
				The purpose of this chapter is to facilitate public access to open records and
				to guide agency determinations with respect to the handling of confidential
				records and the implementation of the Iowa fair information practices
				Act.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location.
A request for access to a record should be directed
			 to the ombudsman at the Office of Ombudsman, Ola Babcock Miller Building, 1112
			 E. Grand Avenue, Des Moines, Iowa 50319. The agency may also be reached at the
			 following numbers: telephone (515)281-3592, 1-888-426-6283 (1-888-IA-OMBUD),
			 TDD/TTY (515)242-5065, and fax (515)242-6007.
(2)
Office hours.
Access to
			 records shall be available during all customary office hours, which are 8 a.m.
			 to 4:30 p.m., Monday through Friday, except designated state
			 holidays.
(3)
Request for
			 access.
Requests for access to records may be made in writing, in
			 person, by telephone, by e-mail, or by facsimile (fax). Requests shall identify
			 by name and description the particular records sought in order to facilitate
			 the location of the record. Requests by mail, telephone, e-mail, or facsimile
			 (fax) shall also include the name, address, e-mail, and telephone or fax number
			 of the person requesting the information. A person shall not be required to
			 give a reason for the request.
(4)
Response to requests.
a.
			 Access to an open record of the agency shall be provided promptly upon request.
			 If the size or nature of the request makes prompt access impracticable, the
			 custodian shall comply with the request as soon as practicable. Access to an
			 open record may be delayed for one of the purposes authorized by Iowa Code
			 subsection 22.8(4)  or
			 22.10(4). The
			 custodian shall notify the requester of the reason for a delay in access to an
			 open record and an estimate of the length of that delay and, upon request,
			 shall provide such notice in writing.
b. The custodian of a record may deny access
			 to the record by members of the public only on the grounds that such a denial
			 is warranted under Iowa Code subsections
			 22.8(4)  and
			 22.10(4), or
			 that it is a confidential record, or that its disclosure is prohibited by a
			 court order. Access by members of the public to a confidential record is
			 limited by law and, therefore, may generally be provided only in accordance
			 with the provisions of rule
			 141-3.4 (2C,22) and other
			 applicable provisions of law.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				22.7 or
				2C.8 or other applicable
				provisions of law, the custodian may disclose certain confidential records to
				one or more members of the public, or may be authorized or required to release
				specified confidential records in 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
				141-3.3(2C,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.
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 may 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
			 which is signed by the custodian and which 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 the requester.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.5 - Requests to Treat Record as Confidential

Current through Register Vol. 47, No. 3, July 24, 2024
The custodian may treat a record as a confidential record and
				withhold it from examination only to the extent that the custodian is
				authorized by Iowa Code section
				22.7 or
				2C.8, another applicable
				provision of law, or a court order to refuse to disclose that record to members
				of the public.
(1)
Persons who
			 may make request.
Any person who would be aggrieved or adversely
			 affected by disclosure of a record and who asserts that Iowa Code section
			 22.7 or
			 2C.8, another applicable
			 provision of law, or a court order authorizes the custodian to treat the record
			 as a confidential record may request the custodian to treat that record as a
			 confidential record and to withhold it from public inspection or
			 disclosure.
(2)
Request.
A request that a record be treated as a confidential
			 record and be withheld from public inspection shall be filed with the custodian
			 in writing and shall set forth the factual and legal basis for the request. If
			 possible, the request shall be accompanied by the original or a copy of the
			 record, which identifies the parts of the record requested to be treated as
			 confidential. A person filing such a request may be required to provide proof
			 necessary to establish relevant facts.
(3)
Failure to request.
Failure of a person to request confidential record treatment for a record does
			 not preclude the custodian from treating it as a confidential record.
(4)
Timing of decision.
A
			 decision by the custodian with respect to the disclosure of a record to members
			 of the public may be made when a request for its treatment as a confidential
			 record that is not available for public inspection or disclosure is filed or
			 when the custodian receives a request for access to the record by a member of
			 the public.
(5)
Request
			 granted or deferred.
If the custodian grants the request or defers
			 action on the request, a copy of the record from which the matter in question
			 has been deleted and a copy of the decision to grant the request or to defer
			 action upon the request shall be made available for public inspection or
			 disclosure in lieu of the original record.
(6)
Request denied.
If the
			 custodian denies the request, the custodian shall notify the requester in
			 writing of that decision and the reasons for that decision. Upon application by
			 the requester, the custodian may, in good faith, reasonably delay allowing
			 examination or disclosure of the record so that the requester may seek
			 injunctive relief under Iowa Code section
			 22.8 or other applicable
			 provision of law. The custodian shall notify the requester in writing of the
			 time period allowed for the requester to seek injunctive
			 relief.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.6 - Additions, Dissents or Objections to 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, in addition, 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 such request or written statement
				to the custodian. The request or written statement must be dated and signed by
				the requester and have the current address and telephone number of the
				requester or requester's representative.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.7 - 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 by rule, on
				the form used to collect the information, on a separate fact sheet or letter,
				in a brochure, in formal agreements, in contracts, in handbooks, in manuals,
				verbally, or by other appropriate means. Notice is not required with discovery
				requests in litigation or administrative proceedings, subpoenas, or similar
				demands for information.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.8 - 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 the person who is the subject of a confidential file, as provided in rule
			 141-3.6 (2C,22). All information
			 in case files, including the identity of a person providing the information to
			 the agency, may be withheld from the subject pursuant to Iowa Code section
			 2C.8. The agency need not
			 release records that are the work product of an attorney or are otherwise
			 privileged and need not release records that are otherwise authorized by
			 law.
(2) When a record concerns
			 multiple subjects with interest in the confidentiality of the record, the
			 agency may take reasonable steps to protect confidential information relating
			 to another subject.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.9 - 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 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.
(1)
Disclosure to legal
			 counsel.
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.
(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 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.10 - Disclosure Without Consent of Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Open records are routinely disclosed without the
			 consent of the subject.
(2)
Confidential records.
To the extent allowed by law, the agency
			 may disclose confidential records without the consent of the subject of a
			 confidential record. Following are instances where the agency may disclose
			 confidential information without consent of the subject:
a. Disclosure to those officers, employees,
			 or agents of the agency who need the information in the performance of their
			 duties. The custodian of the record shall determine what constitutes legitimate
			 need to use the confidential information.
b. Disclosure of information related to cases
			 to complainants or other state or local governmental agencies, as appropriate
			 to carry out the agency's statutory functions. The agency may disclose the
			 identities of complainants or witnesses who appear before the agency, if
			 disclosure will facilitate an inquiry or investigation by the agency or enable
			 the agency to sufficiently present its investigative findings and
			 conclusions.
c. Disclosure of any
			 records, upon request, to the general assembly, any standing committee of the
			 general assembly, or the governor, under Iowa Code section
			 2C.8, except that confidential
			 information provided by other agencies shall not be disclosed.
d. Release of critical reports, special
			 reports, or annual reports to the general assembly or any of its committees,
			 the governor, the news media, or interested members of the public.
e. Disclosure of information to staff of
			 federal and state entities for audit purposes or for purposes of determining
			 whether the agency is operating a program lawfully.
f. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigations and possible criminal prosecution, civil court action, or
			 regulatory order.
g. Disclosure of
			 information to the appropriate authorities concerning the conduct of any public
			 official or employee which warrants disciplinary proceedings.
h. Disclosure of information to a recipient
			 who has given to the agency written assurance that the record will be used
			 solely as a statistical research or reporting record, if the information is
			 transferred in a form that does not identify the subject.
i. Disclosure of information to an individual
			 pursuant to a showing of compelling circumstances affecting the health or
			 safety of any individual, provided that notice of the disclosure is first
			 transmitted to the last-known address of the subject.
j. Disclosure of information to the
			 legislative services agency.
k.
			 Disclosure of information in the course of an employee disciplinary
			 proceeding.
l. Disclosure of
			 information in response to a court order.
m. Any disclosure of information specifically
			 authorized by the statute under which the record was collected or
			 maintained.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.11 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open
			 records.
Agency records are open for public inspection and copying,
			 unless otherwise provided by rule or law. This agency also has possession of
			 records which may be open records but which are copies of records from other
			 agencies, which have been filed in judicial or administrative proceedings, or
			 which are available in the state law library. This agency may refer persons to
			 the originating agency, the clerk of the appropriate court, or the law library
			 for those records. This ensures that the requester receives a clean official
			 copy of the record and protects the agency against unintended disclosure of
			 confidential information.
(2)
Confidential records.
Confidential records may be withheld
			 from public inspection by the agency. The following confidential records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection:
a. All records, including
			 case files, related to the statutory functions of the agency, which are
			 confidential under Iowa Code section
			 2C.8.
b. Records which are exempt from disclosure
			 under Iowa Code section
			 22.7.
c. Those portions of agency staff manuals,
			 instructions or other statements issued, which set forth criteria or guidelines
			 used by agency staff in making investigations or in the selection or handling
			 of cases which will be or are being litigated, when their disclosure would
			 enable law violators to avoid detection, facilitate disregard of requirements
			 imposed by law, or give a clearly improper advantage to persons who are in an
			 adverse position to the agency. The agency also maintains some office or policy
			 manuals provided by other agencies concerning the operations of those agencies.
			 Some information in office manuals may be confidential under Iowa Code section
			 17A.2(11)(f),
			 17A.3(1)(d), or
			 2C.9(4)  or
			 other applicable law.
d. Records
			 which constitute attorney work product or attorney-client communications or
			 which are otherwise privileged. Attorney work product is confidential under
			 Iowa Code sections 22.7(4)  and
			 622.11, Iowa R.C.R 122(c), Fed.
			 R.Civ.R 26(b)(3), and case law. Attorney-client communications are confidential
			 under Iowa Code sections
			 622.10 and
			 622.11, the rules of evidence,
			 the Code of Professional Responsibility, and case law.
e. Any other records made confidential by
			 law.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.13 - 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 record systems as defined in rule
				141-3.12 (2C,22). These records
				are not stored or retrieved by personal identifiers. These records are
				routinely available to the public; however, the agency's files of these records
				may contain some confidential information. Unless otherwise stated, the
				authority for this agency to maintain the record is provided by Iowa Code
				chapter 2C and the statutes governing the subject matter of the record.
(1)
Administrative records.
The administrative records include documents concerning budget, administrative
			 or personnel reports, purchasing, printing and supply requisitions, property
			 inventory, time sheets, and office policies for employees.
(2)
Publications.
Publications include a variety of books, periodicals, newsletters, government
			 documents, and similar publications, which agency staff use as reference,
			 research or resource materials. These materials are generally available for
			 public examination but may be protected by copyright law.
(3)
Office publications.
Office publications include a variety of documents issued by the agency,
			 including pamphlets, news releases, critical reports, special reports, and
			 annual reports. Critical reports and special reports are also maintained in
			 some files within the case files record system. Critical reports, special
			 reports, and annual reports may contain information about
			 individuals.
(4)
Rule-making records.
Rule-making records consist of official
			 documents produced during promulgation of agency rules.
(5)
Office manuals.
Agency
			 staff may maintain office manuals which contain memoranda or statements of
			 various policies and procedures related to performance of the agency's
			 functions. The agency also maintains some office or policy manuals provided by
			 other agencies concerning the operations of those agencies. Some information in
			 office manuals may be confidential under Iowa Code sections
			 17A.2(11)(f) 
			 and 17A.3(1)(d)  or
			 other applicable law.
(6)
Legal counsel research files.
The agency's legal counsel
			 maintains research files on a variety of legal issues related to the functions
			 of the agency or specific case files. These files include copies of cases or
			 other published materials, briefs, notes, and legal memoranda or opinions to
			 agency staff. Some files regarding issues in particular cases may contain
			 information about individuals. Some records in these files are confidential as
			 attorney work product or attorney-client communications, or are confidential
			 under Iowa Code section
			 2C.8 or other applicable
			 law.
(7)
Form
			 files.
Form files contain various blank forms used by agency staff in
			 the performance of agency functions.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 3 - Information Practices › Rule 141-3.15 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
(1) Require the agency to index or retrieve
			 records which contain information about an individual by that person's name or
			 other personal identifier.
(2) Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
(3) Govern the maintenance or disclosure of,
			 notification of, or access to records in the possession of the agency which are
			 governed by the rules of another agency.
(4) Make available records which have been
			 compiled by the agency in reasonable anticipation of court litigation or formal
			 administrative proceedings. The availability of such records to the general
			 public or to any subject individual or party to such litigation or proceedings
			 shall be governed by applicable legal and constitutional principles, statutes,
			 rules of discovery, evidentiary privileges, and applicable rules of the
			 agency.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 4 - Rule Making › Rule 141-4.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedure exempt from Iowa Code
			 chapter 17A.
Pursuant to Iowa Code section
			 2C.9(6), the
			 promulgation of rules relating to the organization, operation, and procedures
			 of the office of ombudsman is exempt from the provisions of Iowa Code chapter
			 17A, the Iowa Administrative Procedure Act.
(2)
Definition.
As used in
			 this chapter, "agency" means the office of the ombudsman.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 4 - Rule Making › Rule 141-4.2 - Adoption of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of
			 adoption.
The agency may adopt a rule at any time.
(2)
Manner of adoption.
The
			 agency is exempt from the procedural requirements for rule making in Iowa Code
			 section 17A.4. The agency shall file
			 each rule the agency adopted with the administrative code editor, who shall
			 publish the rule in the Iowa Administrative Code. The agency shall file the
			 rule for publication as soon as practicable after adoption of the
			 rule.
(3)
Review by service
			 committee.
The agency may submit a proposed rule to the service
			 committee of the legislative council for the committee's review and comment
			 before the rule is adopted and published. If the agency submits a proposed rule
			 to the service committee, the agency shall provide the text of the rule and
			 include a preamble containing:
a. A statement
			 of the purpose of the rule;
b. A
			 reference to all rules repealed, amended, or suspended by the rule;
			 and
c. A reference to the specific
			 statutory or other authority authorizing adoption of the rule.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 4 - Rule Making › Rule 141-4.3 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule adopted by the agency shall contain the
			 text of the rule and, in addition:
a. The date
			 the agency adopted the rule.
b. A
			 reference to the specific statutory or other authority authorizing adoption of
			 the rule; and
c. The effective date
			 of the rule.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 5 - Petitions for Rule Making › Rule 141-5.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
As used in this chapter, "agency" means the office
			 of the citizens' aide/ombudsman.
(2)
Filing.
Any interested
			 person may file a petition for rule making with the agency. A petition is
			 deemed filed when it is received by the agency. The petition may be delivered
			 in person or mailed to the Office of Citizens' Aide/Ombudsman, Ola Babcock
			 Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319.
(3)
Form.
The petition must
			 be typewritten or legibly handwritten, and substantially conform to the
			 following form:
Office of the Citizens' Aide/Ombudsman
Petition by (Name of Petitioner))
for the (adoption, amendment, or repeal)) PETITION FOR
of rules relating to) RULEMAKING
(state subject matter).)
1. The text or summary of the contents of the
			 proposed rule or amendment, or the rule sought to be repealed.
2. The reasons for seeking the requested
			 action.
3. A brief summary of
			 petitioner's arguments and any relevant data or evidence in support of the
			 action urged in the petition. (Attach copies of any supporting documents to the
			 petition.)
4. Any request by
			 petitioner for a meeting provided for by rule 5.2(17A).
5. The signature, mailing address, and
			 telephone number of the petitioner or the petitioner's
			 representative.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 5 - Petitions for Rule Making › Rule 141-5.2 - Agency Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Informal meeting.
If requested in the petition, the agency
			 shall schedule a brief and informal meeting between the petitioner and the
			 citizens' aide/ombudsman or a member of the staff to discuss the
			 petition.
(2)
Additional
			 information.
The agency may request the petitioner, within 14 days of
			 the filing of the petition, to submit additional information concerning the
			 petition. The agency may also solicit or receive comments from any person
			 regarding the subject of the petition.
(3)
Action on petition.
Within 60 days after filing of the petition, or within any longer period agreed
			 to by the petitioner, the agency shall either deny the petition and notify the
			 petitioner of the denial and the grounds for the denial, or grant the petition,
			 notify the petitioner that the petition has been granted, and adopt a rule on
			 the subject of the petition. Petitioner is deemed notified on the date the
			 agency mails or delivers the required notification to the petitioner
a. The petition shall be denied if it is
			 determined the petition does not substantially comply with the required form,
			 the petition does not disclose sufficient reasons to justify the commencement
			 of rule-making proceedings, or other good reason exists for the
			 denial.
b. A denial of the petition
			 because it does not substantially comply with the required form does not
			 preclude the petitioner from filing a new petition on the same subject which
			 seeks to eliminate the grounds for the agency's rejection of the
			 petition.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 6 - Declaratory Rulings › Rule 141-6.1 - Petition for Declaratory Rulings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
As used in
			 this chapter, "agency" means the office of the citizens'
			 aide/ombudsman.
(2)
Filing.
Any person who has a real and direct interest in a
			 specific factual situation that may affect their legal rights, duties or
			 responsibilities under any statute, rule, other written statement of law,
			 policy, or decision administered by the agency may file a petition with the
			 agency for a declaratory ruling concerning the application or interpretation of
			 any such statute, rule, other written statement of law, policy, or decision.
			 The petition is deemed filed when it is received by the agency. The petition
			 may be delivered in person or mailed to the Office of Citizens' Aide/Ombudsman,
			 Ola Babcock Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa
			 50319.
(3)
Form.
The petition must be typewritten or legibly handwritten and substantially
			 conform to the following form:
Office of the Citizens' Aide/Ombudsman
Petition by (Name of Petitioner))
for a Declaratory Ruling on)
(Cite provisions of law involved).)
PETITION FOR DECLARATORY RULING
a. A clear, concise, and complete statement
			 of all relevant facts on which the ruling is requested.
b. A citation and the relevant text of the
			 specific statute, rule, other written statement of law, policy, or decision
			 whose applicability is questioned, and any other relevant law.
c. The question or questions petitioner wants
			 answered, stated clearly and concisely.
d. The answers desired by the petitioner and
			 a summary of the reason urged by the petitioner in support of those
			 answers.
e. The reasons for
			 requesting the declaratory ruling and disclosure of the petitioner's interest
			 in the outcome.
f. A statement
			 indicating whether the questions at issue are being considered or have been
			 considered in an investigative, rule-making, or another proceeding by the
			 agency or any other governmental entity.
g. Any request by petitioner for a meeting
			 provided for by rule 6.2(17A).
h.
			 The signature, mailing address, and telephone number of the petitioner or the
			 petitioner's representative.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 6 - Declaratory Rulings › Rule 141-6.2 - Agency Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Informal meeting.
If requested in the petition, the agency
			 shall schedule a brief and informal meeting between the petitioner and the
			 citizens' aide/ombudsman or a member of the staff to discuss the
			 petition.
(2)
Additional
			 information.
The agency may request the petitioner, within 14 days of
			 the filing of the petition, to submit additional information concerning the
			 petition. The agency may also solicit or receive comments from any person
			 regarding the subject of the petition.
(3)
Action on petition.
Within 30 days after the filing of the petition, or within any longer period
			 agreed to by the petitioner, the agency shall, in writing, issue a ruling on
			 the petition or refuse to do so. The agency is deemed to have issued a ruling
			 or to have refused to do so on the date the ruling or refusal is sent, by
			 certified mail, to the petitioner
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 6 - Declaratory Rulings › Rule 141-6.3 - Refusal to Issue Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Refusal for good cause.
The agency may refuse to issue a
			 declaratory ruling for good cause, which may include, but is not limited to,
			 the following reasons:
a. The petition does
			 not substantially comply with the required form.
b. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the failure of the agency to issue a ruling.
c. The agency does not have jurisdiction over
			 the questions presented in the petition.
d. The questions presented by the petition
			 are also presented in a current investigative, rule-making, or other agency or
			 judicial proceeding that may definitively resolve them.
e. 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.
f. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue a ruling.
g. There is no need to issue a ruling because
			 the questions raised in the petition have been settled due to a change in
			 circumstances, fact, or law.
h. The
			 petition is not based upon facts calculated to aid in the planning of future
			 conduct but instead describes prior conduct in an effort to establish the
			 effect of that conduct or to challenge a decision already made by the
			 agency.
i. The petition requests a
			 declaratory ruling that would necessarily determine the legal rights of other
			 persons who have not joined in the petition or filed a similar petition and
			 whose position on the questions may fairly be presumed to be adverse to that of
			 the petitioner
j. The petitioner
			 requests the agency to determine whether a statute is unconstitutional on its
			 face.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 6 - Declaratory Rulings › Rule 141-6.4 - Declaratory Rulings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
In addition to the ruling itself, a declaratory
			 ruling shall include the date of issuance, the name of the petitioner, the
			 statutes, rules, other written statements of law, policies, or decisions
			 involved, the particular facts upon which it is based, and the reasons for its
			 conclusion.
(2)
Effective
			 date.
A declaratory ruling is effective on the date of
			 issuance.
(3)
Effect of
			 ruling.
A declaratory ruling is binding on the agency and the
			 petitioner in situations in which the facts and applicable law are
			 indistinguishable from those contained in the petition. As to all other
			 parties, a declaratory ruling serves only as precedent and is not binding on
			 the agency.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 1 - Rules of Practice › Rule 161-1.1 - Organization and Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Organization.
a.
Commission.
The Iowa civil rights commission is a seven-member body.
			 Members are appointed by the governor pursuant to Iowa Code section
			 216.3.
b.
Location.
The Iowa civil
			 rights commission, hereinafter referred to as "commission," is located on the
			 First Floor, Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa
			 50319-1004; telephone (515)281-4121; toll-free in Iowa only 1-800-457-4416;
			 facsimile transmission (fax) (515)242-5840. Office hours are 8 a.m. to 4:30
			 p.m. Monday through Friday, or the business hours set by the office of the
			 governor or otherwise established by the legislature.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 1 - Rules of Practice › Rule 161-1.2 - Commission Procedure for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initiation of rule-making procedures.
a. Any person or state agency may file a
			 petition for rule making with the commission at its location as defined in
			 161-paragraph 1.1(1)
"b."
A petition is deemed filed when it is
			 received by that office. The commission shall provide the petitioner with a
			 file-stamped copy of the petition if the petitioner provides the commission an
			 extra copy for this purpose. The petition must be typewritten or legibly
			 handwritten in ink and must substantially conform to the following form:
BEFORE THE IOWA CIVIL RIGHTS COMMISSION
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, 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 commission'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.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 1 - Rules of Practice › Rule 161-1.3 - Procedures for Oral or Written Presentations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except where oral or written
			 presentations are deemed unnecessary by the commission in accordance with
			 section
			 17A.4(2),
			 the commission shall allow for the submission of oral or written presentations,
			 or both, prior to its adoption of any rules.
(2) Interested persons shall have 20 days
			 from the date of publication of notice in the Iowa Administrative Bulletin to
			 submit written requests for oral presentations or to submit with
			 presentations.
(3) Notice of date,
			 time and place of oral presentations by requesting parties will be published by
			 appropriate media at least 20 days in advance with specific notice to
			 requesting parties given by certified mail.
(4) Interested parties may be limited to
			 submitting written presentations at the discretion of the commission except
			 when oral presentations are required by Iowa Code section
			 17A.4(1)
"b. "