reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 30 - Petitions for Rule Making › Rule 495-30.4 - Agency Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 agency may request the petitioner to submit additional information or argument
			 concerning the petition. The agency may also solicit comments from any person
			 on the substance of the petition. Also, comments on the substance of the
			 petition may be submitted to the agency by any person. Upon request by
			 petitioner in the petition, the agency must schedule a brief and informal
			 meeting between the petitioner and the agency to discuss the petition.
Copies of the petition and accompanying information shall be
				submitted by the agency to the administrative rules coordinator and to the
				administrative rules review committee at the conclusion of the petition
				review.
(2) Within 60 days
			 after the filing of the petition, or within any longer period agreed to by the
			 petitioner, the agency must, in writing, deny the petition and notify
			 petitioner of its action and the specific grounds for the denial, or grant the
			 petition and notify petitioner that rule-making proceedings on the subject of
			 the petition have begun. The petitioner shall be deemed notified of the denial
			 or the granting of the petition on the date of notification or mailing by the
			 agency to the petitioner
(3) Denial
			 of a petition because it does not substantially conform to the required form
			 does not preclude the filing of a new petition on the same subject that seeks
			 to eliminate the groimds for the agency's rejection of the petition.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				all rules adopted by the Iowa Public Employees' Retirement System are subject
				to the provisions of Iowa Code chapter 17A, the Iowa administrative procedure
				Act, and the provisions of this chapter
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) IPERS shall
			 designate the benefits advisory committee (BAC), and investment board as
			 applicable, as the stakeholder rule-making group, pursuant to the rules for
			 creation, public notice, procedures, public input, and results as outlined in
			 Executive Order Number 80. The stakeholder group shall review and comment on
			 any proposed rule changes before the rules are considered to be pending, as
			 defined in subrule 31.3(2).
(2) In
			 addition to seeking information by other methods, the agency may, before
			 publication of a Notice of Intended Action under Iowa Code section
			 17A.4(l)
			 "a, " solicit comments from the public by any reasonable means on a subject
			 matter of possible rule making by the agency. Notwithstanding the foregoing,
			 except as otherwise provided by law, the agency may use its own experience,
			 specialized knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The agency shall maintain a current public
			 rule-making docket.
(2)
Pending rule-making proceedings.
The rule-making docket shall
			 list each pending rule-making proceeding. A rule-making proceeding is pending
			 from the time it is commenced, by publication in the Iowa Administrative
			 Bulletin of a Notice of Intended Action pursuant to Iowa Code section
			 17A.4(1)
"a, "
to the time it is terminated, by publication of a Notice
			 of Termination in the Iowa Administrative Bulletin or the effective date of the
			 rule. For each rule-making proceeding, the docket shall indicate:
a. The subject matter of the proposed
			 rule;
b. A citation to all
			 published notices relating to the proceeding;
c. Where written submissions on the proposed
			 rule may be inspected;
d. The time
			 during which written submissions may be made;
e. The names of persons who have made written
			 requests for an opportunity to make oral presentations on the proposed rule,
			 where those requests may be inspected, and where and when oral presentations
			 may be made;
f. Whether a written
			 request for the issuance of a regulatory analysis, or a concise statement of
			 reasons, has been filed; whether such an analysis or statement or a fiscal
			 impact statement has been issued; and where any such written request, analysis,
			 or statement may be inspected;
g.
			 The current status of the proposed rule and any agency determinations with
			 respect thereto;
h. Any known
			 timetable for agency decisions or other action in the proceeding;
i. The date of the rule's adoption;
j. The dates of the rule's filing, indexing,
			 and publication;
k. The date on
			 which the rule will become effective; and
l. Where the rule-making record may be
			 inspected.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
a. At least 35 days before the adoption of a
			 rule, the agency shall cause Notice of Intended Action to be published in the
			 Iowa Administrative Bulletin. The Notice of Intended Action shall include:
(1) A brief explanation of the purpose of and
			 the reason for the proposed rule;
(2) A brief explanation of the principal
			 reasons for the agency's failure to provide for a waiver in a rule and the
			 reasons for overruling considerations urged against the rule;
(3) The specific legal authority for the
			 proposed rule;
(4) Except to the
			 extent impracticable, the text of the proposed rule;
(5) Where, when, and how persons may present
			 their views on the proposed rule;
(6) Where, when, and how persons may request
			 an oral proceeding on the proposed rule if the notice does not already provide
			 for one; and
(7) A fiscal impact
			 statement as described under
			 495-31.7
			 (17A,25B).
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the agency shall include in the
				notice a statement fully describing the specific subject matter of the omitted
				portion of the text of the proposed rule, the specific issues to be addressed
				by that omitted text of the proposed rule, and the range of possible choices
				being considered by the agency for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of a
			 Notice of Intended Action, persons may submit arguments, data, and views, in
			 writing, on the subject matter of the published notice. Such written
			 submissions should identify each proposed rule to which they relate and should
			 be submitted to the person and address designated in the Notice of Intended
			 Action.
(2)
Oral
			 proceedings.
The agency may, at any time, schedule an oral proceeding
			 on a Notice of Intended Action. The agency shall schedule an oral proceeding
			 if, within 20 days after the published Notice of Intended Action, a written
			 request for an opportunity to make oral presentations is submitted to the
			 agency by the administrative rules review committee, a governmental
			 subdivision, an agency, an association having not less than 25 members, or at
			 least 25 persons. That request must also contain the following additional
			 information:
a. A request by one or more
			 individual persons must be signed by each of them and include the address and
			 telephone number of each of them.
b. A request by an association must be signed
			 by an officer or designee of the association and must contain a statement that
			 the association has at least 25 members and the address and telephone number of
			 the person signing that request.
c.
			 A request by an agency or governmental subdivision must be signed by an
			 official having authority to act on behalf of the entity and must contain the
			 address and telephone number of the person signing that request.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined in
			 Iowa Code section
			 17A.4A(8)
"a."
(2)
Mailing list.
Small businesses or organizations of small
			 businesses may be registered on the agency's small business impact list by
			 making a written application addressed to IPERS, 7401 Register Dr., RO. Box
			 9117, Des Moines, Iowa 50306-9117. The application for registration shall
			 state:
a. The name of the small business or
			 organization of small businesses;
b. Its address;
c. The name of a person authorized to
			 transact business for the applicant;
d. A description of the applicant's business
			 or organization. An organization representing 25 or more persons who qualify as
			 a small business shall indicate that fact; and
e. Whether the registrant desires copies of
			 Notices of Intended Action at cost, or desires advance notice of the subject of
			 all or some specific category of proposed rule making affecting small business.
The agency may at any time request additional information from
				the applicant to determine whether the applicant is qualified as a small
				business or as an organization of 25 or more small businesses. The agency may
				periodically send a letter to each registered small business or organization of
				small businesses asking whether that business or organization wishes to remain
				on the registration list. The name of a small business or organization of small
				businesses will be removed from the list if a negative response is received, or
				if no response is received within 30 days after the letter is sent.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed rule that mandates additional combined expenditures exceeding $100,000
			 or combined expenditures of at least $500,000 within five years by all affected
			 political subdivisions, the agency itself, or agencies and entities which
			 contract with political subdivisions to provide services shall be accompanied
			 by a fiscal impact statement outlining the costs associated with the rule. A
			 fiscal impact statement shall satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the agency determines at the time it
			 adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the agency shall, at the same time, issue a corrected fiscal
			 impact statement and publish the corrected fiscal impact statement in the Iowa
			 Administrative Bulletin.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 agency shall not adopt a rule until the period for making written submissions
			 and oral presentations has expired. Within 180 days after the later of the
			 publication of the Notice of Intended Action, or the end of oral proceedings
			 thereon, the agency shall adopt a rule pursuant to the rule-making proceeding
			 or terminate the proceeding by publication of a notice to that effect in the
			 Iowa Administrative Bulletin.
(2)
Consideration of public comment.
Before the adoption of a
			 rule, the agency shall consider fully all of the written submissions and oral
			 submissions received in that rule-making proceeding or any memorandum
			 summarizing such oral submissions, and any regulatory analysis or fiscal impact
			 statement issued in that rule-making proceeding.
(3)
Reliance on agency
			 expertise.
Except as otherwise provided by law, the agency may use its
			 own experience, technical competence, specialized knowledge, and judgment in
			 the adoption of a rule.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The agency
			 shall not adopt a rule that differs from the rule proposed in a 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 rule-making
			 proceeding could be the rule in question.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the agency 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 or set of rules,
			 the agency may adopt that rule or set of rules without publishing advance
			 Notice of Intended Action in the Iowa Administrative Bulletin and without
			 providing for written or oral public submissions prior to adoption. The agency
			 shall incorporate the required finding and a brief statement of its supporting
			 reasons in each rule adopted in reliance upon this subrule.
(2)
Categories exempt.
The
			 following narrowly tailored categories of rules are exempted from the usual
			 public notice and participation requirements because those requirements are
			 unnecessary, impracticable, or contrary to the public interest with respect to
			 each category:
a. Rules that implement
			 nondiscretionary federal law;
b.
			 Rules that implement nondiscretionary state law;
c. Rules implementing contribution rates
			 recommended by IPERS;
d. Minor
			 changes such as grammar, punctuation, spelling and other scrivener's errors
			 that are otherwise nonsubstantive and serve only to make a correction;
			 and
e. Any other categories added
			 to this list by rule making where such an exemption is justified.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.11 - 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 agency shall issue a concise
			 statement of reasons for the rule. Requests for such a statement must be in
			 writing and be delivered to the person designated in the Notice of Intended
			 Action at the address designated in the Notice of Intended Action. 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 particular
			 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; and
c.
			 The principal reasons urged in the rule-making proceeding for and against the
			 rule, and the agency's reasons for overruling the arguments made against the
			 rule.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.12 - Contents, Style, and Form of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
			 making by the agency shall contain the text of each rule and, in addition:
a. The date the agency adopted the
			 rule;
b. A brief explanation of the
			 principal reasons for the rule-making action if such reasons are required by
			 Iowa Code section
			 17A.4A(1)
			  "Z), " or the agency 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. Effective July 1,1999, if the agency has
			 not included the subject matter of the proposed rule in a separate rule listing
			 categories of rules for which no waiver provision will be included, 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
			 waivers or special exceptions provided in the rule if such reasons are required
			 by Iowa Code section
			 17A.4A(1)
"b, "
or the agency in its
			 discretion decides to include such reasons; and
g. The effective date of the rule.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The agency 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 were issued with respect to that rule. 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 agency shall use the standard form prescribed by
				the administrative rules coordinator.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The agency 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 agency 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 agency 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 agency 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 agency 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 agency 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 this
				subrule.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The agency 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(11)
"a, " "c, " "f," "g, " "h,
			 "
and
"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(11)
"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 subrule shall not be relied on by the agency to the
			 detriment of any person who does not have actual, timely knowledge of the
			 contents of the statement until the requirements of subrule 31.16(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 495 - Iowa Public Employees' Retirement System › Chapter 31 - Agency Procedure for Rule Making › Rule 495-31.17 - Review by Agency of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Periodic comprehensive reviews.
Beginning July 1, 2012, over
			 each five-year period of time, the agency shall conduct an ongoing and
			 comprehensive review of all of its rules, to identify and eliminate all rules
			 of the agency that are outdated, redundant, or inconsistent or incompatible
			 with the federal tax law requirements for a qualified plan, statute or its own
			 rules or that of other agencies, pursuant to Iowa Code section
			 17A.7(2).
(2)
Petition for adoption, amendment
			 or repeal of rules.
a. Any
			 interested person may petition the agency requesting the adoption, amendment,
			 or repeal of a rule. The agency shall prescribe by rule the form for petitions
			 and the procedure for their submission, consideration, and disposition,
			 pursuant to Iowa Code section
			 17A.7(1).
b. Any interested person, association,
			 agency, or political subdivision may submit a written request to the
			 administrative rules coordinator requesting the agency to conduct a formal
			 review of a specified rule. Upon approval of that request by the administrative
			 rules coordinator, the agency shall conduct a formal review of a specified rule
			 to determine whether a new rule should be adopted or the rule should be amended
			 or repealed. The agency 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.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				waivers from rules adopted by the agency.
(1)
Agency authority. A
waiver from rules adopted by the agency may be granted in accordance with this
			 rule if:
a. The agency has exclusive
			 rule-making authority to promulgate the rule from which a waiver is requested
			 or has final decision-making authority over a contested case in which a waiver
			 is requested; and
b. No statute or
			 rule otherwise controls the grant of a waiver from the rule for which a waiver
			 is requested.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.2 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
The agency may issue an order granting a waiver, as applied to
				the circumstances of a specified person, if the petitioner establishes by clear
				and convincing evidence that:
1.
			 Application of the rule to that person would result in hardship or injustice;
			 and
2. Granting the waiver on the
			 basis of the particular circumstances of that specified person would be
			 consistent with the public interest; and
3. Granting the waiver in that case would not
			 prejudice the substantial legal rights of any other person.
In determining whether a waiver would be consistent with the
				public interest under paragraph "2," the agency shall consider whether, if the
				waiver is granted, the public interest will be protected by other means that
				are substantially equivalent to full compliance with the rule.
(1) The agency may condition the grant of a
			 proposed waiver on such reasonable conditions as are appropriate to achieve the
			 objectives of the particular rule in question through alternative
			 means.
(2) This rule shall not
			 preclude the agency from granting waivers in other contexts or on the basis of
			 other standards if the agency deems it appropriate to do so and is not
			 prohibited by state or federal statute, federal regulations, this rule, or any
			 other rule adopted under Iowa Code chapter 17A from issuing such
			 waivers.
(3) The inadvertent
			 granting of a waiver by the agency shall not be deemed to be a waiver to which
			 the provisions of this rule apply but, depending on the facts and
			 circumstances, the agency may limit enforcement of the affected rule(s) on a
			 prospective basis.
(4) The
			 petitioner shall bear the burden of persuasion when a petition for waiver from
			 an agency rule is filed.
(5) When
			 the rule from which a waiver is sought establishes administrative deadlines,
			 the agency shall balance the special individual circumstances of the petitioner
			 with the overall goal of uniform treatment of all similarly situated
			 persons.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.3 - Process for Filing a Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file with the agency a petition requesting a
				waiver, in whole or in part, of a rule of the agency on the ground that the
				application of the rule to the particular circumstances of that person would
				qualify for a waiver
A petition for a waiver must be submitted in writing to the
				Administrative Rules Coordinator, Iowa Public Employees' Retirement System
				(IPERS), 7401 Register Drive, P.O. Box 9117, Des Moines, Iowa 50306-9117. If
				the request relates to a pending contested case, the request shall also be
				filed in the contested case proceedings. Waiver rulings shall be made by agency
				staff having jurisdiction over the particular issue and having the authority to
				issue final rulings on appeals regarding such issues, provided that the CEO
				shall have final authority with respect to all waiver rulings.
(1)
Contents of petition. A
petition for waiver does not need to follow a particular format, but must
			 contain the following elements.
a. The name,
			 address, social security number, and telephone number of the petitioner and the
			 name, address, and telephone number of the petitioner's representative, if
			 any.
b. The specific rule or rules
			 for which a waiver is requested.
c.
			 The precise scope and operative period of the waiver requested, including any
			 alternative means or other condition or modification proposed to achieve the
			 purposes of the rule.
d. A signed
			 statement from the petitioner attesting to the accuracy of the facts provided
			 in the petition.
e. An explanation
			 of the reasons for the waiver, including all material facts relevant to the
			 waiver in question.
f. A
			 description of any prior contacts between the agency and the petitioner
			 relating to the proposed waiver including, but not limited to, a list or
			 description of prior notices, investigative reports, advice, negotiations,
			 consultations or conferences, contested case rulings, and penalties relating to
			 the proposed waiver
g. The name,
			 address, and telephone number of any person or entity that would be adversely
			 affected by the waiver in question.
h. Any information known to the petitioner
			 regarding the agency's treatment of similar cases.
i. The name, address, and telephone number of
			 any person with knowledge of the relevant facts relating to the proposed
			 waiver.
j. Any signed releases
			 required to obtain relevant information from persons with knowledge of such
			 information.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.4 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a petition for
				waiver, the agency may request additional information from the petitioner
				relating to the petition and surrounding circumstances. If the petition was not
				filed in a contested case, the agency may, on its own motion or at the
				petitioner's request, schedule a telephonic or in-person meeting between the
				petitioner and agency representatives.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.5 - Notices

Current through Register Vol. 47, No. 3, July 24, 2024
Within 30 business days after receipt of a petition for waiver
				of a rule, the agency shall give notice of the pendency of the petition and a
				concise summary of its contents to all persons to whom notice is required by
				any provision of law. In addition, the agency may give notice to other
				persons.
If notice is required to be served, the agency may require the
				petitioner to serve the notice on all persons to whom notice is required by any
				provision of law and provide a written statement to the agency attesting that
				notice has been provided.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.6 - Intervenors

Current through Register Vol. 47, No. 3, July 24, 2024
Persons who qualify as intervenors under any provision of law
				may intervene in proceedings for waiver of a rule if they file timely petitions
				for intervention according to agency rules governing such
				intervention.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.7 - Hearing, Ruling and Timing

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of 495-Chapter 26 shall apply to proceedings
				under this chapter if the petition for waiver is filed in a contested case
				proceeding. Prior to issuing an order granting or denying a proposed waiver,
				the agency shall determine whether or not the facts alleged in the proposed
				waiver are accurate and complete.
(1)
Ruling.
An order granting or denying a proposed waiver shall
			 be in writing and shall contain a reference to the particular person and rule
			 or portion thereof to which the order pertains, a statement of the relevant
			 facts and reasons on which that action is based, and a description of the
			 precise scope (including any conditions) and operative period of the waiver, if
			 one is granted.
(2)
Timing
			 of ruling.
The agency shall grant or deny a petition for waiver as
			 soon as practicable but, in any event, shall do so within 120 days of its
			 receipt, unless the petitioner agrees to a later date or the agency, specifying
			 good cause, extends this time period with respect to a particular petition for
			 an additional 30 days. However, if a petition for waiver has been filed in a
			 contested case proceeding, the agency shall grant or deny the petition no later
			 than the time at which the final decision in that contested case is
			 issued.
(3)
When deemed
			 denied.
Failure of the agency to grant or deny a petition for waiver
			 within the required time period shall be deemed a denial of that petition by
			 the agency.
(4)
Service of
			 order
Within seven days of its issuance, any order issued under this
			 chapter shall be transmitted to the petitioner or the person to whom the order
			 pertains and to any other person entitled to such notice by any provision of
			 law.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.8 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After an order granting a waiver is issued, the order is a
				defense within its terms and the specific facts indicated therein for the
				person to whom the order pertains in any proceeding in which the rule in
				question is sought to be invoked.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.9 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the provisions of Iowa Code section
				17A.3(1)
"e,"
the agency shall
				maintain a record of all orders granting and denying waivers under this chapter
				All final rulings in response to requests for waivers shall be indexed and
				available to members of the public at the headquarters of the
				agency.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.10 - Rules From Which the Agency Shall Not Grant Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall not grant waivers from the following rules,
				except as otherwise indicated in the following list.
1. Rules which implement state or federal
			 law, if the waiver could affect the taxability of pension benefits under the
			 Internal Revenue Code and regulations thereunder or the Iowa Code and rules
			 adopted thereunder;
2. Rules which
			 set forth the formulas used to calculate IPERS' monthly retirement benefits,
			 actuarial equivalents, dividends, amounts to be credited to supplemental
			 accounts of active members, refunds, death benefits, and service purchase
			 costs;
3. Rules which implement
			 contribution rates and actuarial assumptions set by IPERS;
4. Rules which limit the release of
			 confidential information;
5. Rules
			 which implement contracts between the agency and its vendors (except as
			 permitted in such contracts);
6.
			 Rules governing separations, disciplinary actions, reductions in force, and
			 grievances and appeals as permitted by statute and applicable agency
			 rules.
7. Rules governing the
			 number of voting members of the IPERS' investment board necessary to constitute
			 a quorum and the number of votes necessary to constitute a vote of that
			 board.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.11 - Voiding or Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver is void if the material facts upon which the petition
				is based are not true or if material facts have been withheld or omitted. The
				agency may at any time cancel a waiver upon appropriate notice and hearing if
				the agency finds that the facts as stated in the request are not true, material
				facts have been withheld or omitted, the alternative means of compliance
				provided in the waiver have failed to achieve the objectives of the statute, or
				the petitioner has failed to comply with conditions set forth in the
				order
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.12 - Violations of Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
Violations of the conditions precedent to a waiver's approval
				shall be deemed to be violations of the particular rule for which the waiver
				was granted and will be subject to the same remedies or
				penalties.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 33 - Uniform Rules for Waivers › Rule 495-33.13 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Appeals of the agency's decisions regarding proposed waivers
				shall be filed in writing within 30 days after notice of the decision is mailed
				to the petitioner
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 1 - Organization and General Administration › Rule 497-1.1 - Board Description

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 Iowa public information board is established by Iowa Code chapter 23 and
			 consists of nine members, including a chairperson.
(2) The term "board" shall mean the Iowa
			 public information board.
(3) Board
			 members are appointed by the governor for staggered terms of four years and are
			 subject to confirmation by the senate. No more than three members appointed
			 shall be representatives from the media, including newspapers, and no more than
			 three members appointed shall be representatives of cities, counties, and other
			 political subdivisions of the state.
(4) On an annual basis at the board's first
			 meeting on or after July 1, the members shall elect a chairperson and vice
			 chair. The board shall also employ a person who shall be an attorney admitted
			 to practice law before the courts of Iowa to serve as the executive director of
			 the board. The chairperson and vice chair may be reelected or elected to a
			 different office. If the chairperson is absent, the vice chair shall act as
			 chairperson.
(5) Vacancies on the
			 board are filled in the same manner as regular appointments. Appointees who
			 fill vacancies serve for the balance of the term.
(6) The board shall meet at least quarterly
			 and at the call of the chairperson.
(7) Five board members constitute a quorum
			 for conducting board business.
(8)
			 The board is available to assist in achieving compliance with open meetings and
			 public records laws in alternative ways. Information is available on the
			 board's Web site at https://ipib.iowa.gov/ [File Link Not Available]. The
			 members of governmental bodies and the public may call the board for informal
			 answers to questions during office hours from 8 a.m. to 4:30 p.m. on Monday
			 through Friday at (515)725-1781. Written guidance about compliance with the
			 open meetings and public records laws may be provided by advisory opinions (see
			 rules 497-1.2 (23) and
			 497-1.3 (23)) or by declaratory
			 orders (see rules 497-3.1 (17A) to
			 497-3.8 (17A)). In addition,
			 complaints may be filed alleging violations of open meetings or public records
			 laws under rule 497-2.1 (23). This rule is
			 intended to implement Iowa Code chapter 23.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 1 - Organization and General Administration › Rule 497-1.2 - Requirements for Requesting Board Advisory Opinions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Jurisdiction.
The board
			 will only accept requests for and issue advisory opinions pertaining to Iowa
			 Code chapters 21 and 22, or rules adopted thereunder. The board shall not have
			 jurisdiction over the judicial or legislative branches of state government or
			 any entity, officer, or employee of those branches, or over the governor or the
			 office of the governor.
(2)
Who may request an advisory opinion.
Any person may request a
			 board advisory opinion construing or applying Iowa Code chapters 21, 22, and
			 23. An authorized agent may seek an opinion on behalf of any person. The board
			 will not issue an opinion to an unauthorized third party. The board may on its
			 own motion issue opinions without receiving a formal request. The board may
			 issue declaratory orders with the force of law pursuant to Iowa Code section
			 17A.9.
(3)
Form of request.
The
			 request for an advisory opinion shall pose specific legal questions and should
			 describe any specific facts relating to the questions posed. Requests shall be
			 sent to the board as provided in subrule 1.3(1).
This rule is intended to implement Iowa Code section
				23.6.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 1 - Organization and General Administration › Rule 497-1.3 - Processing of Advisory Opinion Requests

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Requests for
			 board advisory opinions may be mailed to the Iowa Public Information Board,
			 Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319.
			 Requests may also be submitted by fax to (515)725-1789 or by email to
ipib@iowa.gov
.
(2) After receiving an opinion request, the
			 board's executive director shall cause to be prepared a draft opinion for board
			 review. If the same or similar issue has been addressed in an opinion of a
			 court, or in an attorney general's opinion, or in another prior advisory
			 opinion, the executive director may respond to the requester by sending a copy
			 of the prior opinion. Upon an affirmative vote of at least five members, the
			 executive director shall issue a board advisory opinion on behalf of the board.
			 Advice contained in a board opinion rendered to a government official or a
			 lawful custodian of a public record, if followed, constitutes a defense for the
			 government official or lawful custodian before the board to a subsequent
			 complaint that is based on the same facts and circumstances. Board staff may
			 also provide written advice on routine matters. However, such advice is not an
			 advisory opinion of the board.
(3)
			 A person who receives a board advisory opinion may, within 30 days after the
			 issuance of the opinion, request modification or reconsideration of the
			 opinion. A request for modification or reconsideration shall be deemed denied
			 unless the board acts upon the request within 60 days of receipt of the
			 request. The board may take up modification or reconsideration of an advisory
			 opinion on its own motion within 30 days after the issuance of an opinion. The
			 board aspires to issue an opinion within 30 days after a formal request is
			 made.
(4) Board advisory opinions
			 are open records and shall be made available at the board office and via the
			 board's website at
ipib.iowa.gov
.
(5) Nothing in this rule precludes a person
			 who has received a board opinion or advice from petitioning for a declaratory
			 order pursuant to Iowa Code section 17A.9. The board may refuse to issue a
			 declaratory order to a person who has previously received a board opinion on
			 the same question, unless the requester demonstrates a significant change in
			 circumstances from those in the board opinion.
(6) On an annual basis, the board shall
			 review the advisory opinions issued for that year and determine which opinions
			 should be adopted into rule pursuant to the procedures in Iowa Code chapter
			 17A.
This rule is intended to implement Iowa Code section
				23.6.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 1 - Organization and General Administration › Rule 497-1.4 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
"Conflict of interest" means that a board member,
			 an employee of the board, a board member's immediate family, or an immediate
			 family member of an employee of the board has a significant personal,
			 financial, or employment relationship with: a person who has requested an
			 advisory opinion; a person who has petitioned for a declaratory order; a
			 complainant; or a government employee or official or a governmental body that
			 would be directly impacted by an advisory opinion, a declaratory order, or a
			 complaint. For purposes of this rule, "immediate family" means the same as
			 "immediate family members" in Iowa Code section 68B.2(11).
(2)
Procedures.
As soon as a
			 member of the board or an employee of the board becomes aware of a conflict of
			 interest, the member or employee of the board shall follow these procedures:
a. If the conflict is known before a meeting,
			 the member or employee of the board shall fully disclose the interest to the
			 board at the board's next meeting.
b. If the conflict is discovered during a
			 meeting, the member or employee of the board shall orally inform the board of
			 the nature of the conflict as soon as the conflict is discovered.
c. The board member or employee of the board
			 who has the conflict shall not participate in discussion or vote on any
			 advisory opinion, declaratory order, or complaint. An announced conflict shall
			 be reported in the board's minutes and the minutes shall reflect the matters on
			 which the board member or employee of the board abstained from
			 participating.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 2 - Complaint Investigation and Resolution Procedures › Rule 497-2.1 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Form.
A complaint shall
			 be written and signed by the person filing the complaint on forms provided by
			 the board or shall be submitted electronically via the board's website. The
			 complaint shall allege a violation of Iowa Code chapter 21 or 22; provide
			 specific facts in support of the allegation, including the identification of
			 persons and government entity involved in the alleged violation; and provide
			 the specific relief sought. A complaint involving an injunction under Iowa Code
			 section 23.5(3)  shall be filed and conducted in accordance with the provisions
			 set out in 497-Chapter 10.
(2)
Board acceptance or dismissal.
Upon receipt of a written
			 complaint alleging a violation of Iowa Code chapter 21 or 22, the board shall
			 either:
a. Accept the complaint, following a
			 review of the allegations on their face, having determined that the complaint
			 is within the board's jurisdiction, appears legally sufficient, and could have
			 merit; or
b. Dismiss the complaint,
			 following a review of the allegations on their face, having determined that the
			 complaint is outside the board's jurisdiction, appears legally insufficient, is
			 frivolous, is without merit, involves harmless error, or relates to a specific
			 incident that has previously been disposed of on its merits by the board or a
			 court.