reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commission
			 shall not adopt a rule that differs from the rule proposed in the Notice of
			 Intended Action on which the rule is based unless:
a. The differences are within the scope of
			 the subject matter announced in the Notice of Intended Action and are in
			 character with the issues raised in that notice; and
b. The differences are a logical outgrowth of
			 the contents of that Notice of Intended Action and the comments submitted in
			 response thereto; and
c. The Notice
			 of Intended Action provided fair warning that the outcome of that rulemaking
			 proceeding could be the rule in question.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.10 - Exemption From Public Rulemaking Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the commission for good cause finds that public
			 notice and participation are unnecessary, impracticable, or contrary to the
			 public interest in the process of adopting a particular rule, the commission
			 may adopt that rule without publishing advance Notice of Intended Action in the
			 Iowa Administrative Bulletin and without providing for written or oral public
			 submissions prior to its adoption. The commission shall incorporate the
			 required finding and a brief statement of its supporting reasons in each rule
			 adopted in reliance upon this subrule.
(2)
Public proceedings on rules
			 adopted without them.
The commission may, at any time, commence a
			 standard rulemaking proceeding for the adoption of a rule that is identical or
			 similar to a rule it adopts in reliance upon subrule 2.10(1). Upon written
			 petition by a governmental subdivision, the administrative rules review
			 committee, an agency, the administrative rules coordinator, an association
			 having not less than 25 members, or at least 25 persons, the commission shall
			 commence a standard rulemaking proceeding for any rule specified in the
			 petition that was adopted in reliance upon subrule 2.10(1). Such a petition
			 must be filed within one year of the publication of the specified rule in the
			 Iowa Administrative Bulletin as an adopted rule. The rulemaking proceeding on
			 that rule must be commenced within 60 days of the receipt of such a petition.
			 After a standard rulemaking proceeding commenced pursuant to this subrule, the
			 commission may either readopt the rule it adopted without benefit of all usual
			 procedures on the basis of subrule 2.10(1), or may take any other lawful
			 action, including the amendment or repeal of the rule in question, with
			 whatever further proceedings are appropriate.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested by a person, either prior to the
			 adoption of a rule or within 30 days after its publication in the Iowa
			 Administrative Bulletin as an adopted rule, the commission shall issue a
			 concise statement of reasons for the rule. Requests for such a statement must
			 be in writing and be delivered to the Racing and Gaming Commission, 6200 Park
			 Avenue, Suite 100, Des Moines, Iowa 50321. The request should indicate whether
			 the statement is sought for all or only a specified part of the rule. Requests
			 will be considered made on the date received.
(2)
Contents.
The concise
			 statement of reasons shall contain:
a. The
			 reasons for adopting the rule;
b.
			 An indication of any change between the text of the proposed rule contained in
			 the published Notice of Intended Action and the text of the rule as finally
			 adopted, with the reasons for any such change;
c. The principal reasons urged in the
			 rulemaking proceeding for and against the rule, and the commission's reasons
			 for overruling the arguments made against the rule.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule adopted by the commission shall contain
			 the text of the rule and, in addition:
a. The
			 date the commission adopted the rule;
b. A brief explanation of the principal
			 reasons for the rulemaking action if such reasons are required by Iowa Code
			 section 17A.4(1)
"b"
or the commission in its discretion decides to include
			 such reasons;
c. A reference to all
			 rules repealed, amended, or suspended by the rule;
d. A reference to the specific statutory or
			 other authority authorizing adoption of the rule;
e. Any findings required by any provision of
			 law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
			 reasons for the failure to provide for waivers to the rule if no waiver
			 provision is included and a brief explanation of any waiver or special
			 exceptions provided in the rule if such reasons are required by Iowa Code
			 section 17A.4(1)
"b"
or the commission in its discretion decides to include
			 such reasons; and
g. The effective
			 date of the rule.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.13 - Agency Rulemaking Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The commission shall maintain an official
			 rulemaking record for each rule it proposes by publication in the Iowa
			 Administrative Bulletin of a Notice of Intended Action, or adopts. The
			 rulemaking record and materials incorporated by reference must be available for
			 public inspection.
(2)
Contents.
The commission rulemaking record shall contain:
a. Copies of all publications in the Iowa
			 Administrative Bulletin with respect to the rule or the proceeding upon which
			 the rule is based and any file-stamped copies of commission submissions to the
			 administrative rules coordinator concerning that rule or the proceeding upon
			 which it is based;
b. Copies of any
			 portions of the commission's public rulemaking docket containing entries
			 relating to the rule or the proceeding upon which the rule is based;
c. All written petitions, requests, and
			 submissions received by the commission, and all other written materials of a
			 factual nature as distinguished from opinion that are relevant to the merits of
			 the rule and that were created or compiled by the commission and considered by
			 the administrator, in connection with the formulation, proposal, or adoption of
			 the rule or the proceeding upon which the rule is based, except to the extent
			 that the commission is authorized by law to keep them confidential; provided,
			 however, that when any such materials are deleted because they are authorized
			 by law to be kept confidential, the commission shall identify in the record the
			 particular materials deleted and state the reasons for that deletion;
d. Any official transcript of oral
			 presentations made in the proceeding upon which the rule is based or, if not
			 transcribed, the stenographic record or electronic recording of those
			 presentations, and any memorandum prepared by a presiding officer summarizing
			 the contents of those presentations;
e. A copy of any regulatory analysis or
			 fiscal impact statement prepared for the proceeding upon which the rule is
			 based;
f. A copy of the rule and
			 any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
			 suspension of the rule;
h. A copy
			 of any objection to the issuance of that rule without public notice and
			 participation that was filed pursuant to Iowa Code section
			 17A.4(2)  by
			 the administrative rules review committee, the governor, or the attorney
			 general;
i. A copy of any objection
			 to the rule filed by the administrative rules review committee, the governor,
			 or the attorney general pursuant to Iowa Code section
			 17A.4(4), and
			 any commission response to that objection;
j. A copy of any significant written
			 criticism of the rule, including a summary of any petitions for waiver of the
			 rule; and
k. A copy of any
			 executive order concerning the rule.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall file each rule it adopts in the office of
				the administrative rules coordinator The filing must be executed as soon after
				adoption of the rule as is practicable. At the time of filing, each rule must
				have attached to it any fiscal impact statement and any concise statement of
				reasons that was issued with respect to that rule, if applicable. If a fiscal
				impact statement or statement of reasons for that rule was not issued until a
				time subsequent to the filing of that rule, the note or statement must be
				attached to the filed rule within five working days after the note or statement
				is issued. In filing a rule, the commission shall use the standard form
				prescribed by the administrative rules coordinator
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The commission
			 may make a rule effective after its filing at any stated time prior to 35 days
			 after its indexing and publication in the Iowa Administrative Bulletin if it
			 finds that a statute so provides, the rule confers a benefit or removes a
			 restriction on some segment of the public, or that the effective date of the
			 rule is necessary to avoid imminent peril to the public health, safety, or
			 welfare. The commission shall incorporate the required finding and a brief
			 statement of its supporting reasons in each rule adopted in reliance upon this
			 subrule.
(2)
Special
			 notice.
When the commission makes a rule effective prior to its
			 indexing and publication in reliance upon the provisions of Iowa Code section
			 17A.5(2)
"b"
(3), the commission
			 shall employ all reasonable efforts to make its contents known to the persons
			 who may be affected by that rule prior to the rule's indexing and publication.
			 The term "all reasonable efforts" requires the commission to employ the most
			 effective and prompt means of notice rationally calculated to inform
			 potentially affected parties of the effectiveness of the rule that is justified
			 and practical under the circumstances considering the various alternatives
			 available for this purpose, the comparative costs to the commission of
			 utilizing each of those alternatives, and the harm suffered by affected persons
			 from any lack of notice concerning the contents of the rule prior to its
			 indexing and publication. The means that may be used for providing notice of
			 such rules prior to their indexing and publication include, but are not limited
			 to, any one or more of the following means: radio, newspaper, television,
			 signs, mail, telephone, personal notice or electronic means.
A rule made effective prior to its indexing and publication in
				reliance upon the provisions of Iowa Code section 17A.5(2)
"b
"(3) shall include in that rule a statement describing the reasonable efforts
				that will be used to comply with the requirements of subrule
				2.15(2).
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The commission shall
			 maintain an official, current, and dated compilation that is indexed by
			 subject, containing all of its general statements of policy within the scope of
			 Iowa Code section
			 17A.2(10)
"a, " "c, " "f," "g, " "h, " "k.
			 "
Each addition to, change in, or deletion from the official
			 compilation must also be dated, indexed, and a record thereof kept. Except for
			 those portions containing rules governed by Iowa Code section
			 17A.2(7)
"f,"
or otherwise
			 authorized by law to be kept confidential, the compilation must be made
			 available for public inspection and copying.
(2)
Enforcement of
			 requirements.
A general statement of policy subject to the
			 requirements of this subsection shall not be relied on by the commission to the
			 detriment of any person who does not have actual, timely knowledge of the
			 contents of the statement until the requirements of subrule 2.16(1) are
			 satisfied. This provision is inapplicable to the extent necessary to avoid
			 imminent peril to the public health, safety, or welfare.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.17 - Review by Commission of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Any interested person, association, agency, or political subdivision may submit
			 a written request to the administrative rules coordinator requesting the
			 commission to conduct a formal review of a specified rule. Upon approval of
			 that request by the administrative rules coordinator, the commission shall
			 conduct a formal review of a specified rule to determine whether a new rule
			 should be adopted instead or the rule should be amended or repealed. The
			 commission may refuse to conduct a review if it has conducted such a review of
			 the specified rule within five years prior to the filing of the written
			 request.
(2) In conducting the
			 formal review, the commission shall prepare within a reasonable time a written
			 report summarizing its findings, its supporting reasons, and any proposed
			 course of action. The report must include a concise statement of the
			 commission's findings regarding the rule's effectiveness in achieving its
			 objectives, including a summary of any available supporting data. The report
			 shall also concisely describe significant written criticisms of the rule
			 received during the previous five years, including a summary of any petitions
			 for waiver of the rule received by the commission or granted by the commission.
			 The report shall describe alternative solutions to resolve the criticisms of
			 the rule, the reasons any were rejected, and any changes made in the rule in
			 response to the criticisms as well as the reasons for the changes. A copy of
			 the commission's report shall be sent to the administrative rules review
			 committee and the administrative rules coordinator The report must also be
			 available for public inspection.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.19 - General

Current through Register Vol. 47, No. 3, July 24, 2024
Any interested person may solicit oral or written advice from
				the administrator concerning the application or interpretation of any statute
				or administrative rule dealing with the commission. However, unless the request
				is made pursuant to Iowa Code section
				17A.9,
				petition for declaratory order, any such advice is not binding upon the
				commission. Petitioners for a declaratory order must have a real and direct
				interest in a specific fact situation that may affect their legal rights,
				duties or responsibilities under statutes or regulations administered by the
				commission.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.20 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the commission for a
				declaratory order as to the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of the commission, at
				6200 Park Avenue, Suite 100, Des Moines, Iowa 50321. 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:
RACING AND GAMING COMMISSION
6200 Park Avenue, Suite 100
Des Moines, Iowa 50321
Petition by (Name of Petitioner) for a Declaratory
						  Order on (Cite provisions of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by
			 491-2.26 (17A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.21 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the commission shall give notice of the petition to all persons not
				served by the petitioner pursuant to rule 2.25(17A) to whom notice is required
				by any provision of law or who have requested notice of petitions for
				declaratory orders. The commission may also give notice to any other
				persons.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.22 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
			 qualify under any applicable provision of law as an intervenor and who file a
			 petition for intervention within 30 days of the filing of a petition for
			 declaratory order shall be allowed to intervene in a proceeding for a
			 declaratory order.
(2) Any person
			 who files a petition for intervention at any time prior to the issuance of an
			 order may be allowed to intervene in a proceeding for a declaratory order at
			 the discretion of the commission.
(3) A petition for intervention shall be
			 filed at the Racing and Gaming Commission Office, 6200 Park Avenue, Suite 100,
			 Des Moines, Iowa 50321. Such a petition is deemed filed when it is received by
			 that office. The commission will provide the petitioner with a file-stamped
			 copy of the petition for intervention if the petitioner provides an extra copy
			 for this purpose. A petition for intervention must be typewritten or legibly
			 handwritten in ink and must substantially conform to the following form:
RACING AND GAMING COMMISSION
6200 Park Avenue, Suite 100
Des Moines, Iowa 50321
Petition by (Name of Original Petitioner) for a
						  Declaratory Order on (Cite provisions of law cited in original
						  petition).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervenor's standing and qualifications for intervention.
2. A citation and the relevant language of
			 any additional statutes, rules, or orders and any other, additional, relevant
			 law.
3. The answers to the original
			 summary of the reasons urged by the intervenor in support of those
			 answers.
4. Reasons for requesting
			 intervention and disclosure of the intervenor's interest in the
			 outcome.
5. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervenor's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
6. The
			 names and addresses of any additional persons, or a description of any class of
			 persons, known by intervenor to be affected by, or interested in, the questions
			 presented.
7. Whether the
			 intervenor consents to be bound by the determination of the matters presented
			 in the declaratory order proceeding.
The petition must be dated and signed by the intervenor or the
				intervenor's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervenor's representative, and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.23 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The commission may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.24 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the Administrator, Racing and Gaming Commission, 6200
				Park Avenue, Suite 100, Des Moines, Iowa 50321.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.25 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
Filing-when required.
All petitions for declaratory orders,
			 petitions for intervention, briefs, or other papers in a proceeding for a
			 declaratory order shall be filed with the Racing and Gaming Commission Office,
			 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321. All petitions, briefs, or
			 other papers that are required to be served upon a party shall be filed
			 simultaneously with the commission.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.26 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the commission must schedule a
				brief and informal meeting between the original petitioner, all intervenors,
				and the commission, a member of the commission, or a member of the staff of the
				commission, to discuss the questions raised. The commission may solicit
				comments from any person on the questions raised. Also, comments on the
				questions raised may be submitted to the commission by any
				person.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.27 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within the
			 time allowed by Iowa Code section
			 17A.9(5),
			 after receipt of a petition for a declaratory order, the administrator or
			 designee shall take action on the petition as required by Iowa Code section
			 17A.9(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order is defined as the date of mailing of a decision or
			 order or date of delivery if service is by other means unless another date is
			 specified in the order
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.28 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 commission shall not issue a declaratory order where prohibited by Iowa Code
			 section 17A.9(1)  and
			 may refuse to issue a declaratory order on some or all questions raised for the
			 following reasons.
1. The petition does not
			 substantially comply with the required form.
2. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the failure of the commission to issue an order.
3. The commission does not have jurisdiction
			 over the questions presented in the petition.
4. The questions presented by the petition
			 are also presented in a current rulemaking, contested case, or other commission
			 or judicial proceeding, that may definitively resolve them.
5. The questions presented by the petition
			 would more properly be resolved in a different type of proceeding or by another
			 body with jurisdiction over the matter.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge a commission decision already
			 made.
9. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner.
10. The petitioner
			 requests the commission to determine whether a statute is unconstitutional on
			 its face.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.29 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its conclusion. A
				declaratory order is effective on the date of issuance.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.30 - Copies of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A copy of all orders issued in response to a petition for a
				declaratory order shall be mailed promptly to the original petitioner and all
				intervenors.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.31 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the
				commission, the petitioner, and any intervenors (who consent to be bound) and
				is applicable only in circumstances where the relevant facts and the law
				involved are indistinguishable from those on which the order was based. As to
				all other persons, a declaratory order serves only as precedent and is not
				binding on the commission. The issuance of a declaratory order constitutes
				final commission action on the petition.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 3 - Fair Information Practices › Rule 491-3.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In lieu of the words "(insert agency
			 head)", insert "Administrator". In lieu of the words "(insert agency name and
			 address)", insert "Racing and Gaming Commission, 6200 Park Avenue, Suite 100,
			 Des Moines, Iowa 50321".
(2)
Office hours.
In lieu of the words "(insert customary office
			 hours, and if agency does not have customary office hours of at least thirty
			 hours per week, insert hours specified in Iowa Code section
			 22.4)", insert "8 a.m. to 4:30
			 p.m. Monday through Friday except legal holidays".
(7)
Fees.
c.
Supervisory fee.
In lieu
			 of the words "(specify time period)", insert "30 minutes".
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 3 - Fair Information Practices › Rule 491-3.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 3.10(17A, 22) or in the 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 491 - Racing and Gaming Commission › Chapter 3 - Fair Information Practices › Rule 491-3.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
"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.
(1) 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, 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. 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.
d. 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.
e. Any disclosure
			 specifically authorized by the statute under which the record was collected or
			 maintained.
f. Information
			 transferred to any originating agency when racing and gaming commission has
			 completed the authorized audit, investigation, or inspection.
g. Information reported pursuant to Iowa Code
			 sections
			 99E.8
			 and
			 99F.12
			 to any sports team or governing body having jurisdiction over sports
			 teams.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 3 - Fair Information Practices › Rule 491-3.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to agency disclosure of confidential records as provided in
			 rule 491-3.7 (17A,22).
(2)
Complaints to public officials.
A letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may
			 to the extent permitted by law be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter.
(3)
Sharing
			 information.
Notwithstanding any statutory confidentiality provision,
			 the agency may share information with the child support recovery unit and the
			 centralized collection unit of the department of revenue through manual or
			 automated means for the sole purpose of identifying licensees or applicants
			 subject to enforcement under Iowa Code chapter 252J, 272D or 598.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 3 - Fair Information Practices › Rule 491-3.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A written
			 request to review confidential records may be filed by the subject of the
			 record as provided in rule 3.6(17A,22). The commission 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 otherwise
			 privileged.
c. Investigative
			 reports may be withheld from the subject, except as required by the Iowa Code.
			 (See Iowa Code section
			 22.7(5)
			 )
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 3 - Fair Information Practices › Rule 491-3.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
The commission maintains systems of records which contain
				personally identifiable information.
(1)
Board of stewards or gaming board
			 hearings and contested case records.
Records are maintained in paper
			 and computer files and contain names and identifying numbers of people
			 involved. Evidence and documents submitted as a result of a hearing are
			 contained in the board of stewards or gaming board hearing or contested case
			 records as well as summary lists of enforcement activities.
Records are collected by authority of Iowa Code chapters 99D,
				99E and 99F. None of the information stored in a data processing system is
				compared with information in any other data processing system.
(2)
Occupational
			 licensing.
Records associated with occupational licensing conducted
			 under Iowa Code chapters 99D, 99E and 99F are maintained by this commission.
			 The licensing system of records includes numerous files and cross files which
			 include but are not limited to: computer storage of licensing records and
			 photos, fingerprint cards, and license applications. The records associated
			 with occupational licenses, which contain personally identifiable information,
			 are open for public inspection only upon the approval of the administrator or
			 the administrator's designee. The information stored in a data processing
			 system is not compared with information in any other data processing
			 system.
(3)
List of
			 contested cases and stewards' hearings.
The commission may utilize a
			 listing of contested case and stewards' hearings furnished by a national
			 organization and provide individually identifiable information to that
			 organization. The list is used for purposes delineated in Iowa Code chapter
			 99D.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.1 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to contested case proceedings conducted by
				the racing and gaming commission. The chapter shall also apply to gaming
				boards' and board of stewards' proceedings and gaming representatives' or
				administrator's designees' actions.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Board of stewards"
means a board established
				by the administrator to review conduct by occupational and pari-mutuel
				licensees that may constitute violations of the rules and statutes relating to
				pari-mutuel racing. The administrator may serve as a board of one.
"Commission"
means the racing and gaming
				commission.
"Contested case"
means a proceeding defined by
				Iowa Code section 17A.2(5)  and
				includes any matter defined as a no factual dispute contested case under Iowa
				Code section 17A.10A.
"Gaming board"
means a board established by
				the administrator to review conduct by occupational, excursion gambling boat,
				gambling structure, sports wagering, fantasy sports contest and gambling game
				licensees that may constitute violations of the rules and statutes relating to
				gaming. The administrator may serve as a board of one.
"Gaming representative"
means an employee of
				the commission assigned by the administrator to a licensed pari-mutuel
				racetrack, excursion gambling boat, or gambling structure to perform the
				supervisory and regulatory duties of the commission.
"Issuance"
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order.
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding officer"
means the administrative
				law judge presiding over a contested case hearing or the commission in cases
				heard by the commission.
"Proposed decision"
means the administrative
				law judge's recommended findings of fact, conclusions of law, decision, and
				order in a contested case in which the commission did not preside.
"Steward"
means a racing official appointed or
				approved by the commission to perform the supervisory and regulatory duties
				relating to pari-mutuel racing.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
			 computing any period of time prescribed or allowed by these rules or by an
			 applicable statute, the day of the act, event or default from which the
			 designated period of time begins to run shall not be included. The last day of
			 the period so computed shall be included, unless it is a Saturday, Simday, or
			 legal holiday, in which event the period runs until the end of the next day
			 which is not a Saturday, Sunday, or legal holiday. Legal holidays are
			 prescribed in Iowa Code section
			 4.1(34).
(2) All documents or papers required to be
			 filed with the commission shall be delivered to any commission office within
			 such time limits as prescribed by law or by rules or orders of the commission.
			 No papers shall be considered filed until actually received by the
			 commission.
(3) For good cause, the
			 presiding officer may extend or shorten the time to take any action, except as
			 precluded by statute. Except for good cause stated in the record, before
			 extending or shortening the time to take any action, the presiding officer
			 shall afford all parties an opportunity to be heard or to file written
			 arguments.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.4 - Gaming Representatives and Administrator's Designees-licensing and Regulatory Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The gaming
			 representative shall make decisions whether to approve applications for
			 occupational licenses, in accordance with the rules and statutes.
a. Each decision denying a license for an
			 occupational license shall be in writing. The decision must contain a brief
			 explanation of the reason for the decision, including a reference to the
			 statute serving as the basis for the decision.
b. Rescinded IAB 2/5/03, effective
			 3/12/03.
c. Rescinded IAB 9/29/04,
			 effective 11/3/04.
d. Upon the
			 filing of a timely and perfected appeal, the applicant has the right to a
			 contested case proceeding, as set forth supra in these rules.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.6 - Stewards-licensing and Regulatory Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The stewards shall make decisions whether
			 to approve applications for occupational licenses, in accordance with the rules
			 and statutes.
a. Each decision denying an
			 application for an occupational license shall be in writing. The decision must
			 contain a brief explanation of the reason for the decision, including a
			 reference to the statute or rule serving as the basis for the
			 decision.
b. Rescinded lAB 2/5/03,
			 effective 3/12/03.
c. An applicant
			 for an occupational license may appeal a decision denying the application. An
			 appeal must be made in writing to the office of the stewards or the
			 commission's office in Des Moines. The appeal must be received within 72 hours
			 of service of the decision. The appeal must contain numbered paragraphs and set
			 forth the name of the person seeking review, the decision to be reviewed,
			 separate assignments of error, clear and concise statement of relevant facts,
			 reference to applicable statutes, rules or other authority, prayer setting
			 forth relief sought and signature, name, address, and telephone number of the
			 person seeking review or that person's representative, or shall be on a form
			 prescribed by the commission.
d.
			 Upon the filing of a timely and perfected appeal, the applicant has the right
			 to a contested case proceeding, as set forth supra in these rules.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.7 - Penalties (gaming board and board of stewards)

Current through Register Vol. 47, No. 3, July 24, 2024
All penalties imposed will be promptly reported to the
				commission and facility or other licensed entity in writing. The board may
				impose one or more of the following penalties: eject and exclude an individual
				from a facility; revoke a license; suspend a license for up to five years from
				the date of the original suspension; place a license on probation; deny a
				license; impose a fine; or order a redistribution of a racing purse or the
				payment of or the withholding of a gaming payout. The board of stewards may
				impose a fine of up to $1,000, and the gaming board may impose a fine of up to
				$3,000. The board may set the dates for which the suspension must be served.
				The board may also suspend the license of any person currently under suspension
				or in bad standing in any other state or jurisdiction by a state racing or
				gaming commission. If the punishment so imposed is not sufficient, in the
				opinion of the board, the board shall so report to the commission.
(1) Fines shall be paid within ten calendar
			 days of receipt of the ruling, by the end of business hours, at any commission
			 office. Nonpayment or late payment of a fine may result in an immediate license
			 suspension. All fines are to be paid by the individual assessed the
			 fine.
(2) If the fine is appealed
			 to the board, the appeals process will not stay the fine. The fine will be due
			 as defined in subrule 4.7(1).
(3)
			 If the party is successful in the appeal, the amount of the fine will be
			 refunded to the party as soon as possible after the date the decision is
			 rendered.
(4) Refunds due under
			 subrule 4.7(3) will be mailed to the party's current address on
			 record.
(5) When a racing animal or
			 the holder of an occupational license is suspended by the board at one
			 location, the suspension shall immediately become effective at all other
			 facilities under the jurisdiction of the commission.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 4 - Contested Cases and Other Proceedings › Rule 491-4.8 - Effect of Another Jurisdiction's Order

Current through Register Vol. 47, No. 3, July 24, 2024
The commission or board may take appropriate action against a
				license holder or other person who has been excluded from a track or gaming
				establishment in another jurisdiction to exclude that person from any track or
				gaming establishment under the commission's jurisdiction. Proceedings shall be
				conducted in the same manner as prescribed by these rules for determining
				misconduct on Iowa tracks or in gaming establishments and shall be subject to
				the same appeal procedures.
The commission and stewards shall have discretion to honor
				rulings from other jurisdictions regarding license suspension or revocation or
				the eligibility of contestants. Whenever the commission decides to honor an
				order from another jurisdiction, the commission representatives shall schedule
				a hearing at which the licensee shall be required to show cause as to why the
				license should not be suspended or revoked.