reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 44 - Certificates of Franchise Authority for Cable and Video Service › Rule 199-44.4 - Notice to Municipality and Incumbent Cable Provider

Current through Register Vol. 47, No. 3, July 24, 2024
A competitive service provider shall notify affected
				  municipalities and incumbent cable providers of its plan to offer service as
				  provided in this rule.
(1)
Notice of intent to provide service.
At least 30 days before
				providing service in any part of a competitive cable or video service
				provider's certificated service area in which the provider has not yet offered
				service pursuant to a commission-issued certificate of franchise authority, a
				competitive cable service provider or competitive video service provider shall
				notify each municipality with authority to grant a franchise in the part of the
				competitive provider's service area to be served and the incumbent cable
				provider in that area that the competitive provider will provide service within
				the jurisdiction of the municipality and when such service will begin. All
				notices required by this subrule shall be sent by certified mail. A competitive
				cable service provider or competitive video service provider shall not provide
				service without having provided the notice required by this rule.
a. The competitive cable service provider or
				competitive video service provider shall file a copy of the notice required by
				this rule with the commission on the date that the notice is
				provided.
b. If the competitive
				cable service provider or competitive video service provider determines that
				its entry into the market will be delayed, no further notice will be required
				unless market entry is delayed for more than 30 days after the date service was
				expected to begin.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 44 - Certificates of Franchise Authority for Cable and Video Service › Rule 199-44.5 - Conversion of Municipal Franchise by Incumbent Cable Provider

Current through Register Vol. 47, No. 3, July 24, 2024
If a competitive cable service provider or a competitive
				  video service provider applies for a certificate of franchise authority to
				  operate within a municipality, the incumbent cable provider in that
				  municipality may apply for a certificate of franchise authority for that same
				  municipality using an application form developed by the commission and
				  providing the information required in 44.3(3). The commission shall
				  automatically grant the incumbent's application, if complete, effective on the
				  same day a competitive cable service provider or competitive video service
				  provider files the 30 days' notice of offering service as required pursuant to
				  44.4(17A,476,477A) if the incumbent cable provider files its application within
				  30 days of the day the competitive service provider provides the 30 days'
				  notice. If the incumbent cable provider files its application more than 30 days
				  after the date the competitive service provider provides the 30 days' notice,
				  the commission shall grant the incumbent's application, if complete, to be
				  effective on the date the application is filed with the
				  commission.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 44 - Certificates of Franchise Authority for Cable and Video Service › Rule 199-44.6 - Revocation of Certificates, Termination of Service, Reinstatement of Previously Terminated Municipal Franchises

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Certificate holder fails to
				commence operation.
If a certificate holder fails to commence
				operation of the cable service or video service proposed in its application
				within 12 months from the date the commission granted the certificate holder's
				application, the commission may determine that the certificate holder is not in
				compliance with the certificate and may revoke the certificate. The commission
				shall notify any incumbent cable operator affected by the revocation.
(2)
Reinstatement of previously
				terminated municipal franchise upon revocation.
In the event a
				certificate is revoked as provided in subrule 44.6(1), the municipal franchise
				agreement which was in effect between the incumbent cable provider and
				municipality before being terminated pursuant to Iowa Code section 477A.2(6)
				 and rule 199-44.5 (17A,476,477A) after the certificate holder filed its notice
				of intent to provide service shall be reinstated for the remaining duration of
				the municipal franchise agreement, provided that the agreement would have
				remained in effect for at least 60 days prior to termination and provided that
				the municipal franchise agreement was terminated after April 12, 2010. Within
				90 days of receiving notice from the commission that a certificate has been
				revoked as provided in subrule 44.6(1), the incumbent cable provider shall
				comply with the terms of the previous municipal franchise agreement.
(3)
Certificate holder ceases to
				provide service.
In the event a certificate holder ceases to engage in
				construction or ceases operation of a cable system or video service network and
				is no longer providing service, the certificate holder shall notify the
				affected municipality, the commission, and the incumbent cable provider on the
				date that construction or service is terminated. If the municipal franchise
				agreement which was in effect between the incumbent cable provider and the
				municipality before being terminated pursuant to Iowa Code section 477A.2(6)
				 and rule 199-44.5 (17A,476,477A) after the certificate holder filed its notice
				of intent to provide service would have remained in effect for at least 60 days
				prior to termination and was terminated after April 12, 2010, the agreement
				shall be reinstated and shall be in effect for the remaining term of that
				agreement. The incumbent cable provider shall comply with the terms of the
				previous municipal franchise agreement within 90 days of notification by the
				certificate holder that it has ceased construction of a cable system or video
				service network or is no longer providing services.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 44 - Certificates of Franchise Authority for Cable and Video Service › Rule 199-44.7 - Renewal of Certificate of Franchise Authority

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Thirty days prior to the tenth
				anniversary of the issuance of the original certificate and every ten years
				thereafter, the certificate holder shall file with the commission a notice of
				renewal containing the following:
a. An
				acknowledgment that the certificate holder continues to hold the
				certificate;
b. A statement that
				the certificate holder continues to provide cable service or video service or
				both in all or a portion of its approved service territory;
c. Any necessary updates to the address of
				the principal place of business, the telephone number for customer service, and
				the names and titles of the principal executive officers with direct authority
				over and responsibility for the cable or video operations;
d. A list of the approved areas the
				certificate holder currently is serving; and
e. A list of the areas in which the
				certificate holder was previously authorized to offer service but where service
				has ceased or never commenced.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 44 - Certificates of Franchise Authority for Cable and Video Service › Rule 199-44.8 - Assessment of Commission Costs

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may allocate and charge the expenses
				  attributable to its duties pursuant to Iowa Code chapter 477A directly to the
				  person filing an application for a certificate of franchise authority or
				  subsequent notice regarding a certificate issued by the commission or any other
				  proceeding relating to a certificate of franchise authority.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 45 - Electric Interconnection of Distributed Generation Facilities › Rule 199-45.2 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This chapter
				applies to utilities, and distributed generation facilities seeking to operate
				in parallel with utilities, provided the facilities are not subject to the
				interconnection requirements of an affected system, the Federal Energy
				Regulatory Commission (FERC), the Midcontinent Independent System Operator,
				Inc. (MISO), the Southwest Power Pool (SPP), the Midwest Reliability
				Organization (MRO), or the SERC Reliability Corporation (SERC).
(2) If the nameplate capacity of the facility
				is greater than 10 MVA, the interconnection customer and the utility shall
				start with the Level 4 review process and agreements under rule
				199-45.11 (476)
				and modify the process and agreements as needed by mutual agreement. In
				addition, the interconnection customer and the utility shall start with the
				technical standards under rule
				199-45.3
				(476) and modify the standards as needed by mutual agreement. If the
				interconnection customer and the utility cannot reach mutual agreement, the
				interconnection customer may seek resolution through the rule
				199-45.12 (476) dispute
				process.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 45 - Electric Interconnection of Distributed Generation Facilities › Rule 199-45.3 - Technical Standards

Current through Register Vol. 47, No. 3, July 24, 2024
The technical standard to be used in evaluating
				  interconnection requests governed by this chapter is IEEE Standard 1547, unless
				  otherwise noted.
(1)
Acceptable standards.
The interconnection of distributed
				generation facilities and associated interconnection equipment to an electric
				utility system shall meet the applicable provisions of the publications listed
				below:
a. Standard for Interconnection and
				Interoperability of Distributed Energy Resources and Associated Electric Power
				System Interfaces, IEEE Standard 1547. For guidance in applying IEEE Standard
				1547, the utility may refer to:
(1) IEEE
				Recommended Practices and Requirements for Harmonic Control in Electrical Power
				Systems-IEEE Standard 519-2014; and
(2) IEC/TR3 61000-3-7 Assessment of Emission
				Limits for Fluctuating Loads in MV and HV Power Systems.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 45 - Electric Interconnection of Distributed Generation Facilities › Rule 199-45.5 - General Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When
				an interconnection request for a distributed generation facility includes
				multiple energy production devices at a site for which the applicant seeks a
				single point of interconnection, the interconnection request shall be evaluated
				on the basis of the aggregate nameplate capacity of the multiple
				devices.
(2) When an
				interconnection request is for an increase in capacity for an existing
				distributed generation facility, the interconnection request shall be evaluated
				on the basis of the new total nameplate capacity of the distributed generation
				facility.
(3) The utility shall
				designate a point of contact and provide contact information on the utility's
				website. The point of contact shall be able to direct applicant questions
				concerning interconnection request submissions and the interconnection request
				process to knowledgeable individuals within the utility.
(4) The information that the utility makes
				available to potential applicants can include previously existing utility
				studies that help applicants understand whether it is feasible to interconnect
				a distributed generation facility at a particular point on the utility's
				electric distribution system. However, the utility can refuse to provide the
				information to the extent that providing it violates security requirements or
				confidentiality agreements, or is contrary to state or federal law. In
				appropriate circumstances, the utility may require a confidentiality agreement
				prior to release of this information.
(5) When an interconnection request is deemed
				complete by the utility, any modification that is not agreed to by the utility
				requires submission of a new interconnection request.
(6) The applicant shall provide, upon utility
				request, proof of the applicant's legal right to control the site(s). Site
				control may be demonstrated through:
a.
				Ownership of, a leasehold interest in, or a right to develop a site for the
				purpose of constructing, the distributed generation facility;
b. An option to purchase or acquire a
				leasehold site for such purpose; or
c. Exclusivity or other business relationship
				between the interconnection customer and the entity having the right to sell,
				lease, or grant the interconnection customer the right to possess or occupy a
				site for such purpose.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 45 - Electric Interconnection of Distributed Generation Facilities › Rule 199-45.6 - Lab-certified Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
An interconnection request may be eligible for expedited
				  interconnection review under rule
				  199-45.8 (476),
				  199-45.9 (476), or
				  199-45.10(476) (as described in rule
				  199-45.7 (476)) if the
				  distributed generation facility uses interconnection equipment that is
				  lab-certified.
(1) Interconnection
				equipment shall be deemed to be lab-certified if:
a. The interconnection equipment has been
				successfully tested in accordance with IEEE Standard 1547.1 (as appropriate for
				lab testing) or complies with UL Standard 1741, as demonstrated by any NRTL
				recognized by OSHA to test and certify interconnection equipment; and
b. The interconnection equipment has been
				labeled and is publicly listed by the NRTL at the time of the interconnection
				application; and
c. The applicant's
				proposed use of the interconnection equipment falls within the use or uses for
				which the interconnection equipment was labeled and listed by the NRTL;
				and
d. The generator, other
				electric sources, and interface components being utilized are compatible with
				the interconnection equipment and are consistent with the testing and listing
				specified by the NRTL for this type of interconnection equipment.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 45 - Electric Interconnection of Distributed Generation Facilities › Rule 199-45.7 - Determining the Review Level

Current through Register Vol. 47, No. 3, July 24, 2024
A utility shall determine whether an interconnection request
				  should be processed under the Level 1, 2, 3, or 4 procedures by using the
				  following screens.
(1) A utility shall
				use Level 1 procedures to evaluate all interconnection requests to connect a
				distributed generation facility when:
a. The
				applicant has filed a Level 1 application; and
b. The distributed generation facility has a
				nameplate capacity rating of 20 kVA or less; and
c. The distributed generation facility is
				inverter-based; and
d. The customer
				interconnection equipment proposed for the distributed generation facility is
				lab-certified; and
e. No
				construction of facilities by the utility shall be required to accommodate the
				distributed generation facility.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 45 - Electric Interconnection of Distributed Generation Facilities › Rule 199-45.8 - Level 1 Expedited Review

Current through Register Vol. 47, No. 3, July 24, 2024
A utility shall use the Level 1 interconnection review
				  procedures for an interconnection request that meet the requirements specified
				  in subrule 45.7(1). A utility may not impose additional requirements on Level 1
				  reviews that are not specifically authorized under this rule or rule
				  199-45.3(476) unless the applicant agrees.
(1) The utility shall evaluate the potential
				for adverse system impacts using the following screens, which shall be
				satisfied:
a. For interconnection of a
				proposed distributed generation facility to a radial distribution circuit, the
				total distributed generation connected to the distribution circuit, including
				the proposed distributed generation facility, may not exceed 15 percent of the
				maximum load normally supplied by the distribution circuit.
b. For interconnection within a spot network,
				the distributed generation facility must use a minimum import relay or other
				protective scheme that will ensure that power imported from the utility to the
				network will, during normal utility operations, remain above 1 percent of the
				network's maximum load over the past year, or will remain above a point
				reasonably set by the utility in good faith. At the utility's discretion, the
				requirement for minimum import relays or other protective schemes may be waived
				and alternative screening criteria may be applied.
c. When a proposed distributed generation
				facility is to be interconnected on a single-phase shared secondary line, the
				aggregate generation capacity on the shared secondary line, including the
				proposed distributed generation facility, shall not exceed 20 kVA.
d. When a proposed distributed generation
				facility is single-phase and is to be interconnected on a center tap neutral of
				a 240-volt service, its addition may not create an imbalance between the two
				sides of the 240-volt service of more than 20 percent of the nameplate rating
				of the service transformer.
e. The
				utility shall not be required to construct any facilities on its own system to
				accommodate the distributed generation facility's interconnection.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 45 - Electric Interconnection of Distributed Generation Facilities › Rule 199-45.12 - Disputes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A party shall
				attempt to resolve all disputes regarding interconnection promptly and in a
				good-faith manner. A party shall provide prompt written notice of the existence
				of the dispute, including sufficient detail to identify the scope of the
				dispute, to the other party in order to attempt to resolve the dispute in a
				good-faith manner.
(2) An informal
				meeting between the parties shall be held within ten business days after
				receipt of the written notice. Persons with decision-making authority from each
				party shall attend such meeting. In the event said dispute involves technical
				issues, persons with sufficient technical expertise and familiarity with the
				issue in dispute from each party shall also attend the informal meeting. If the
				parties agree, such a meeting may be conducted by teleconference.
(3) Subsequent to the informal meeting
				referred to in subrule 45.12(2), a party may seek resolution of any disputes
				through the 199-Chapter 6 complaint procedures of the commission. Dispute
				resolution under these procedures will initially be conducted informally under
				rules 199-6.2 (476) through 199-6.4 (476) to reach resolution with minimal cost
				and delay. If any party is dissatisfied with the outcome of the informal
				process, the party may file a formal complaint with the commission under rule
				199-6.5(476).
(4) Pursuit of
				dispute resolution shall not affect an interconnection applicant with regard to
				consideration of an interconnection request or an interconnection applicant's
				position in the utility's interconnection review order.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 45 - Electric Interconnection of Distributed Generation Facilities › Rule 199-45.13 - Records and Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For each
				completed interconnection request received by the utility, the utility shall
				maintain records of the following for a minimum of three years:
a. The date the interconnection application
				was received as complete, the total AC nameplate capacity, and the fuel type of
				the distributed generation facility;
b. The level of review received (Level 1,
				Level 2, Level 3, or Level 4) and whether the project failed any initial
				screens, and if so and readily determinable, which screens; whether the
				facility received a supplemental review; and whether any impact or facility
				study was conducted;
c. Whether the
				interconnection was approved, denied, or withdrawn and the date of that action;
				and
d. Whether the facility is
				operational and, if so, the date the electric utility authorized the facility
				to begin operation.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 1 - Departmental Organization and Procedures › Rule 201-1.1 - Title I Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Department"
means the department of
				  corrections.
"Deputy director"
means the administrator
				  who is appointed by the director and is responsible for an operational division
				  within the department of corrections. The four operational divisions are
				  administration, institutional operations, community-based corrections, and
				  prison industries.
"Director"
means the director of the
				  department of corrections.
"Plan of compliance"
means a schedule of
				  action to be followed in correcting statute or rule deficiencies cited by the
				  department of corrections.
"Public official"
means any officer of the
				  federal government, any state or a political subdivision thereof, receiving a
				  salary or per diem, if elected or appointed or whether serving full-time or
				  part-time.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 1 - Departmental Organization and Procedures › Rule 201-1.2 - Mission and Function

Current through Register Vol. 47, No. 3, July 24, 2024
The department of corrections is mandated by Iowa Code
				  chapter 904 and consists of a policy board, a director and areas of
				  responsibility.
The mission of the department of corrections is creating
				  opportunities for safer communities.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 1 - Departmental Organization and Procedures › Rule 201-1.3 - Offices

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Central office.
The central
				office for the department of corrections is located in the Jessie Parker State
				Office Building in the Capitol Complex in Des Moines. Its mailing address is the
				Department of Corrections, Jessie Parker State Office Building, 510 E. 12th Street,
				Des Moines, Iowa 50319; telephone (515)725-5701. Office hours are 8 a.m. to 4:30
				p.m., Monday through Friday, excluding holidays.
(2)
Division offices.
The central
				offices of the divisions of the department are also located in the Jessie Parker
				State Office Building.
(3)
Contact information.
Contact information for correctional
				institutions and judicial district departments of correctional services and other
				offices located outside the principal headquarters is listed below and may also be
				found on the department's website, which is listed in rule 201-1.4 (904). The
				following map provides a general overview of judicial district department of
				correctional services and correctional institution locations.
Click here to
				  view Image
Anamosa State Penitentiary
406 North High Street
Anamosa, IA 52205
(319)462-3504
(319)462-4962 Fax
Mt. Pleasant Correctional Facility
1200 East Washington
Mt. Pleasant, IA 52641
(319)385-9511
(319)385-8828 Fax
Newton Correctional Facility
Iowa Medical and Classification Center
2700 Coral Ridge Avenue
Coralville, IA 52241
(319) 626-2391
(319) 626-2141 Fax
Iowa State Penitentiary
2111 330th Avenue, P.O. Box 316
Fort Madison, IA 52627
(319) 372-5432
(319) 372-6967 Fax
Fort Dodge Correctional Facility
307 S. 60th Avenue W, P.O. Box 218
Newton, IA 50208
(641) 792-7552
(641) 791-1683 Fax
North Central Correctional Facility
313 Lanedale
Rockwell City, IA 50579
(712)297-7521
(712) 297-7875 Fax
1550 L Street
Fort Dodge, IA 50501-5767
(515) 574-4700
(515) 574-4707 Fax
Iowa Correctional Institution for Women
420 Mill Street SW
Mitchellville, IA 50169
(515) 725-5042
(515) 725-5015 Fax
Clarinda Correctional Facility
2000 N. 16th Street
Clarinda, IA 51362
(712)695-7140
(712)695-7130 Fax
Second Judicial District, DCS
509 Main Street, Suite 200
Ames, IA 50010
(515)232-1511
(515)232-9453 Fax
Fourth Judicial District, DCS
810 South Tenth Street
Council Bluffs, IA 51501
(712)325-4943
(712) 325-0312 Fax
Sixth Judicial District, DCS
951 29th Ave. SW
Cedar Rapids, IA 52404
(319)398-3675
(319) 398-3684 Fax
Eighth Judicial District, DCS
1805 West Jefferson, P.O. Box 1060
Fairfield, IA 52556-1060
(641)472-4242
(641) 472-9966 Fax
First Judicial District, DCS
314 East Sixth Street, P.O. Box 4030
Waterloo, IA 50704-4030
(319)236-9626
(319) 291-3947 Fax
Third Judicial District, DCS
515 Water Street
Sioux City, IA 51103
(712)252-0590
(712)252-0634 Fax
Fifth Judicial District, DCS
1000 Washington Street
Des Moines, IA 50314
(515)242-6611
(515)242-6656 Fax
Seventh Judicial District, DCS
605 Main Street
Davenport, IA 52803-5244
(563)322-7986
(563)324-2063 Fax
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 1 - Departmental Organization and Procedures › Rule 201-1.5 - Method by Which and Location Where the Public May Obtain Information or Make Submissions or Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Persons wishing to obtain information from or report information to the
				department may contact any of the offices listed in rule 1.3(904) or found on
				the department's Web site.
(2)
				Persons wishing to make submissions to the department may do so by delivering
				or forwarding information to the principal offices of the affected division or,
				if the subject matter is relevant to a specific prison or judicial district
				department of correctional services, the nearest office as listed in rule
				1.3(904) or found on the department's Web site.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 1 - Departmental Organization and Procedures › Rule 201-1.6 - Board of Corrections

Current through Register Vol. 47, No. 3, July 24, 2024
The director of the department has, by statute, the advice
				  and counsel of the board of corrections. This seven-member board is appointed
				  by the governor with confirmation by the senate, and its powers and duties are
				  policymaking and advisory with respect to the services and programs operated by
				  the department.
(1) A quorum shall
				consist of two-thirds of the membership appointed and qualified to
				vote.
(2) When a quorum is present,
				a position is carried by a majority of the qualified members of the
				board.
(3) Copies of administrative
				rules and other materials considered are made a part of the minutes by
				reference.
(4) Copies of the
				minutes are kept on file in the director's office.
(5) At each meeting the board shall set the
				date and location of the next meeting.
a.
				Notice of the meetings shall be given pursuant to Iowa Code chapter
				21.
b. When it is determined by the
				chairperson of the board that an emergency meeting is required, the
				communications media shall be notified as far in advance of the meeting as time
				allows. The nature of the emergency shall be stated in the minutes.
c. Persons wishing to appear before the board
				shall submit their request to the department office not less than ten days
				prior to the meeting. Presentations may be made at the discretion of the
				chairperson and only upon matters appearing on the agenda.
d. Persons wishing to submit written material
				should do so at least ten days in advance of the scheduled meeting to ensure
				that board members have adequate time to receive and evaluate the
				material.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 1 - Departmental Organization and Procedures › Rule 201-1.7 - Director

Current through Register Vol. 47, No. 3, July 24, 2024
The governor appoints the director of the department of
				  corrections. The director is responsible for the daily administration of the
				  department as follows:
(1) The
				appointment and qualifications of the director are mandated in Iowa Code
				section
				904.107.
(2) Duties of the director are prescribed in
				Iowa Code section
				904.108.
(3) The director shall have the authority to
				place on notice intended administrative action pursuant to Iowa Code chapter
				17A by approval of the board of corrections. A report listing all rules placed
				under notice during the previous month shall be submitted to the board of
				corrections at its regular meeting for review. The board of corrections shall
				review and shall adopt rules following the period of public comment.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 1 - Departmental Organization and Procedures › Rule 201-1.8 - Organization of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The deputy director
				of institutional operations is responsible for all institutions and facilities.
				These descriptions are in no way binding on the director's authority to transfer
				incarcerated individuals between institutions.
a.
				The deputy director of institutional operations is responsible for:
(1) The Iowa state penitentiary, Fort
				Madison.
(2) The Anamosa state
				penitentiary, Anamosa.
(3) The Iowa
				medical and classification center, Coralville.
(4) Mount Pleasant correctional facility, Mount
				Pleasant.
(5) The Iowa correctional
				institution for women, Mitchellville.
(6) The Clarinda correctional facility,
				Clarinda.
(7) The north central
				correctional facility, Rockwell City.
(8) The Newton correctional facility and the
				Newton correctional release center, Newton.
(9) The Fort Dodge correctional facility, Fort
				Dodge.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency"
means the department of
				  corrections.
"Confidential records"
are records, as
				  defined under Iowa Code sections
				  22.7,
				  22.8,
				  904.601,
				  904.602,
				  and
				  904.603, which
				  are not disclosed to members of the public except by court order. This includes
				  records which the department is prohibited by law from making available for
				  inspection by members of the public and those exempt records which the
				  department has determined not to disclose to members of the public.
"Custodian "
means an agency or a person
				  lawfully delegated authority by the agency to act for the agency in
				  implementing Iowa Code chapter 22.
"Open records "
are those records which are
				  not authorized or required to be kept confidential under Iowa Code sections
				  22.7, 22.8,
				  904.601,
				  904.602,
				  and
				  904.603 or any
				  other provision of the law.
"Personally identifiable information "
means
				  information about or pertaining to an individual in a record which identifies
				  the individual and which is contained in a record system.
"Record"
means the whole or a part of a
				  public record, as defined in Iowa Code section
				  22.1, that is owned
				  by or in the physical possession of this agency.
"Record system "
means any group of records,
				  under the control of the agency, from which a record may be retrieved by a
				  personal identifier, such as the name of an individual, number, symbol, or
				  other unique retriever assigned to an individual.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				  access to open records. It also seeks to facilitate sound agency determinations
				  with respect to the handling of confidential records and the implementation of
				  the fair information practices Act. This agency is committed to the policies
				  set forth in Iowa Code chapter 22; agency staff shall cooperate with members of
				  the public in implementing the provisions of that chapter
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
A
				request for access to a record should be directed to the office where the
				record is kept:
a. Records of current inmates
				are maintained at the inmates' place of confinement. Such requests should be
				directed to the Records Office at:
Anamosa State Penitentiary
406 North High Street
Anamosa, Iowa 52205
(319)462-3504
Mount Pleasant Correctional Facility
1200 East Washington
Mount Pleasant, Iowa 52641
(319)385-9511
Clarinda Correctional Facility
2000 N. 16th Street
Clarinda, Iowa 51632
(712)542-5634
Newton Correctional Facility
307 S. 60th Avenue W, Box 218
Newton, Iowa 50208
(641)792-7552
Iowa State Penitentiary
2111 330th Avenue
P.O. Box 316
Fort Madison, Iowa 52627
(319)372-5432
Iowa Medical and Classification Center
2700 Coral Ridge Avenue
Coralville, IA 52241
(319)626-2391
Iowa Correctional Institution for Women
420 Mill Street SW
Mitchellville, Iowa 50169
(515)967-4236
North Central Correctional Facility
313 Lanedale
Rockwell City, Iowa 50579
(712)297-7521
Fort Dodge Correctional Facility
1550 L Street
Fort Dodge, IA 50501
(515)574-4700
If the requester does not know the current place of
				  confinement, the request for a record should be directed to the Iowa medical
				  and classification center as previously listed.
b. Records of former incarcerated individuals
				and other individuals served by the department's division of institutions
				should be directed to records office at the Iowa medical and classification
				center as previously listed.
c.
				Requests for other records, including administration or operation, should be
				directed to the Director, Department of Corrections, Jessie Parker Building,
				510 East 12th Street, Des Moines, Iowa 50319, (515)725-5701.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				  22.7 or other
				  applicable provisions of law, the lawful custodian may disclose certain
				  confidential records to one or more members of the public. Other provisions of
				  law authorize or require the custodian to release specified confidential
				  records under certain circumstances or to particular persons. In requesting the
				  custodian to permit the examination and copying of such a confidential record,
				  the following procedures apply and are in addition to those specified for
				  requests for access to records in Iowa Code section
				  904.602.
(1)
Proof of identity.
A
				person requesting access to a confidential record may be required to provide
				proof of identity or authority to secure access to the record.
(2)
Requests.
The custodian
				may require a request to examine and copy a confidential record to be in
				writing. A person requesting access to such a record may be required to sign a
				certified statement or affidavit enumerating the specific reasons justifying
				access to the confidential record and to provide any proof necessary to
				establish relevant facts.
(3)
Notice to subject of record and opportunity to obtain
				injunction.
After the custodian receives a request for access to a
				confidential record, and before the custodian releases such a record, the
				custodian may make reasonable efforts to notify promptly any person who is a
				subject of that record, is identified in that record, and whose address or
				telephone number is contained in that record. To the extent such a delay is
				practicable and in the public interest, the custodian may give the subject of
				such a confidential record to whom notification is transmitted a reasonable
				opportunity to seek an injunction under Iowa Code section
				22.8,
				and indicate to the subject of the record the specific period of time during
				which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
				custodian denies a request for access to a confidential record, the custodian
				shall promptly notify the requester. If the requester indicates to the
				custodian that a written notification of the denial is desired, the custodian
				shall promptly provide such a notification that is signed by the custodian and
				that includes:
a. The name and title or
				position of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
				authority in the custodian to deny disclosure of the record and a brief
				statement of the reasons for the denial to this requester.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.5 - Requests for Treatment of a Record as a Confidential Record and Its Withholding From Examination

Current through Register Vol. 47, No. 3, July 24, 2024
(5)
Request granted or deferred.
If a request for confidential
				record treatment is granted, or if action on such a request is deferred, a copy
				of the record from which the matter in question has been deleted and a copy of
				the decision to grant the request or to defer action upon the request will be
				placed in the agency public file in lieu of the original record. If the agency
				subsequently receives a request for access to the original record, the agency
				will make reasonable and timely efforts to notify any person who has filed a
				request for its treatment as a confidential record.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				  request with the custodian to review, and to have a written statement of
				  additions, dissents, or objections entered into, a record containing personally
				  identifiable information pertaining to that person. However, this does not
				  authorize a person who is a subject of such a record to alter the original copy
				  of that record or to expand the official record of any agency proceeding.
				  Requester shall send the request to review such a record or the written
				  statement of additions, dissents, or objections to the custodian or to the
				  director's office. The request to review such a record or the written statement
				  of such a record of additions, dissents, or objections must be dated and signed
				  by requester, and shall include the current address and telephone number of the
				  requester or the requester's representative.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.9 - 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
				201-5.10 (17A,22) or
				in the 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 the head 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 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent allowed by law, the following uses are
				  considered routine uses of all agency records:
1. Disclosure to those officers, employees,
				and agents of the agency who have a need for the record in the performance of
				their duties. The custodian of the record may upon request of any officer or
				employee, or on the custodian's own initiative, determine what constitutes
				legitimate need to use confidential records.
2. 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
3. Disclosure to
				the department of inspections and appeals for matters in which it is performing
				services or functions on behalf of the agency.
4. 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.
5. 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.
6. Any disclosure specifically authorized by
				the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.11 - 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 allowed by law, the subject may
				consent in writing to agency disclosure of confidential records as provided in
				rule 201-5.7 (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)
Obtaining
				information from a third party.
The department is required to obtain
				information to assist in making decisions regarding classification,
				programming, security, and administrative management operational decisions.
				Requests to third parties for this information may involve the release of
				confidential information about individuals. Except as provided by law, the
				department may make these requests only when the individual has authorized the
				release on department of corrections Form No. IN-V-24, F2.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				subject of a confidential record may file a written request to review
				confidential records about that person. However, the department 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 sections
				22.7(18)
				 and
				904.602.
b. Records need not be disclosed to the
				subject when they are the work product of an attorney or are otherwise
				privileged.
c. Peace officers'
				investigative reports may be withheld from the subject, except as required by
				the Iowa Code.
d. As otherwise
				authorized by law.