reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 156 - Bidder Preferences in Government Contracting › Rule 875-156.1 - Purpose, Scope and Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
These rules institute administrative and operational
				  procedures for enforcement of the Act. The definitions and interpretations
				  contained in Iowa Code section
				  73A.21
				  shall be applicable to such terms when used in this chapter.
"Act"
means Iowa Code section
				  73A.21.
"Affiliate, "
when used with respect to any
				  specified person or entity, means another person or entity that, either
				  directly or indirectly through one or more intermediaries, controls, or is
				  controlled by, or is under common control or ownership with, such specified
				  person or entity.
"Commissioner"
means the labor commissioner
				  appointed pursuant to Iowa Code section
				  91.2, or the labor
				  commissioner's designee.
"Division"
means the division of labor of
				  the department of workforce development.
"Nonresident bidder "
means a person or
				  entity that does not meet the definition of a resident bidder, including any
				  affiliate of any person or entity that is a nonresident bidder.
"Parent, "
when used with respect to any
				  specified person or entity, means an affiliate controlling such specified
				  person or entity directly or indirectly through one or more
				  intermediaries.
"Public body"
means the state and any of its
				  political subdivisions, including a school district, public utility, or the
				  state board of regents.
"Public improvement"
means a building or
				  other construction work to be paid for in whole or in part by the use of funds
				  of the state, its agencies, and any of its political subdivisions and includes
				  road construction, reconstruction, and maintenance projects.
"Public utility"
includes municipally owned
				  utilities and municipally owned waterworks.
"Resident bidder "
means a person or entity
				  authorized to transact business in this state and having a place of business
				  for transacting business within the state at which it is conducting and has
				  conducted business for at least three years prior to the date of the first
				  advertisement for the public improvement. If another state or foreign country
				  has a more stringent definition of a resident bidder, the more stringent
				  definition is applicable as to bidders from that state or foreign
				  country.
"Resident labor force preference"
means a
				  requirement in which all or a portion of a labor force working on a public
				  improvement is a resident of a particular state or country.
"Subsidiary, "
when used with respect to any
				  specified person or entity, is an affiliate controlled by such specified person
				  or entity directly or indirectly through one or more
				  intermediaries.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 156 - Bidder Preferences in Government Contracting › Rule 875-156.2 - Reporting of Resident Status of Bidders

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reporting to public
				body.
When a contract for a public improvement is to be awarded to the
				lowest responsible bidder, the public body shall request a statement from each
				bidder regarding the bidder's resident status. The statement shall be on the
				form designated by the commissioner. The statement shall require the bidder to
				certify whether the bidder is a resident bidder or a nonresident bidder. In the
				case of a resident bidder, the statement shall require the resident bidder to
				identify each office at which the resident bidder has conducted business in the
				state during the previous three years and the dates on which the resident
				bidder conducted business at each office. In the case of a nonresident bidder,
				the statement shall require the nonresident bidder to identify the nonresident
				bidder's home state or foreign country as reported to the Iowa secretary of
				state, to identify each preference offered by the nonresident bidder's home
				state or foreign country, and to certify that, except as set forth on the form,
				there are no other preferences offered by the nonresident bidder's home state
				or foreign country. The statement shall include such additional information as
				requested by the commissioner. The statement must be signed by an authorized
				representative of the bidder. A fully completed statement shall be deemed to be
				incorporated by reference into all project bid specifications and contract
				documents with any bidder on a public improvement. Failure to provide the
				statement with the bid may result in the bid being deemed nonresponsive. This
				may result in the bid being rejected by the public body.
(2)
Determining residency
				status.
a. For purposes of the Act,
				a person or entity is a resident bidder if the person or entity:
(1) Is authorized to transact business in
				Iowa; and
(2) Has had one or more
				places of business in Iowa at which it is conducting or has conducted business
				in this state for at least three years immediately prior to the date of the
				first advertisement for the public improvement.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 156 - Bidder Preferences in Government Contracting › Rule 875-156.3 - Application of Preference

Current through Register Vol. 47, No. 3, July 24, 2024
When awarding a contract for a public improvement to the
				  lowest responsible bidder, the public body shall allow a preference to a
				  resident bidder as against a nonresident bidder that is equal to any preference
				  given or required by the home state or foreign country in which the nonresident
				  bidder is a resident without regard to whether such preferences are actually
				  enforced by the applicable regulatory body in each state. If the bidder is a
				  subsidiary of a parent that would be a nonresident bidder if such parent were
				  to bid on the public improvement in its own name, then the public body shall
				  allow a preference as against such bidder that is equal to the preference given
				  or required by the home state or foreign country of the bidder's parent. In the
				  instance of a labor force preference, a public body shall apply the same
				  resident labor force preference to a public improvement in this state as would
				  be required in the construction of a public improvement by the home state or
				  foreign country of the nonresident bidder, or the parent of a resident bidder
				  if the parent would qualify as a nonresident bidder if such parent were to bid
				  on the public improvement in its own name.
A preference shall not be applied to a subcontractor unless
				  the home state or foreign country of the nonresident bidder to whom the
				  contract was awarded would apply a preference to the subcontractor.
Specific methods of calculating and applying a preference
				  shall mirror those that apply in the home state or foreign country of the
				  nonresident bidder to whom the contract was awarded. In the event that the
				  specific method used by the nonresident bidder's home state or foreign country
				  cannot be determined, the calculation for a labor force preference shall
				  include only the labor force working on the public improvement in Iowa on a
				  regular basis calculated by pay period.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 156 - Bidder Preferences in Government Contracting › Rule 875-156.4 - Complaints Regarding Alleged Violations of the Act

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Complaints.
Any person
				with information regarding a violation of the Act may submit a written
				complaint to the commissioner. Any complaint must provide the information
				required pursuant to subrule 156.4(2) or as much of such information as is
				reasonably practicable under the circumstances. The completed written complaint
				form shall be mailed to the commissioner at Labor Services Division, 150 Des
				Moines Street, Des Moines, Iowa 50309.
(2)
Written complaint form.
The commissioner shall prepare a written complaint form that a person with
				information regarding a potential violation of the Act may submit pursuant to
				subrule 156.4(1). The written complaint form shall request the following
				information: the name, address, telephone number, and email address of the
				complainant; the name of the bidder that is believed to have violated the Act;
				a description of any relationships between the complainant and the bidder; an
				identification of the public body to which the bidder submitted a bid; the home
				state or foreign country of the bidder; a description of the goods and services
				provided under the bid; and such additional information as requested by the
				commissioner
(3)
Availability of written complaint form.
The written complaint
				form shall be available in all division offices and on the department of
				workforce development's website.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 156 - Bidder Preferences in Government Contracting › Rule 875-156.5 - Nonresident Bidder Record-keeping Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
While participating in a public improvement, a nonresident
				  bidder from a home state or foreign country with a resident labor force
				  preference shall make and keep, for a period of not less than three years,
				  accurate records of all workers employed by the contractor or subcontractor on
				  the public improvement. The records shall include each worker's name, address,
				  telephone number if available, social security number, trade classification,
				  and starting and ending date of employment.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 156 - Bidder Preferences in Government Contracting › Rule 875-156.6 - Investigations; Determination of Civil Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner or an authorized designee shall cause an
				  investigation to be made into charges of violations of the Act, including
				  allegations set forth in a written complaint.
(1)
Investigative powers.
The commissioner or the authorized designee shall have the following powers:
a.
Hearings.
The
				commissioner may hold hearings and investigate charges of violations of the
				Act.
b.
Entry into place of
				employment.
The commissioner may, consistent with due process of law,
				enter any place of employment to inspect records concerning labor force
				residency, to question an employer or employee, and to investigate those facts,
				conditions, or matters as are deemed appropriate in determining whether any
				person has violated the provisions of the Act. The commissioner shall only make
				an entry into a place of employment in response to a written
				complaint.
c.
Residency of
				workers.
The commissioner may investigate and ascertain the residency
				of a worker engaged in any public improvement in this state.
d.
Oaths; depositions;
				subpoenas.
The commissioner may administer oaths, take or cause to be
				taken deposition of witnesses, and require by subpoena the attendance and
				testimony of witnesses and the production of all books, registers, payrolls,
				and other evidence relevant to a matter under investigation or
				hearing.
e.
Employment of
				personnel.
The commissioner may employ qualified personnel as are
				necessary for the enforcement of Iowa Code section 73 A.21. The personnel shall
				be employed pursuant to the merit system provisions of Iowa Code chapter 8A,
				subchapter IV.
f.
Request
				for records.
The commissioner shall require a contractor or
				subcontractor to file, within 10 days of receipt of a request, any records
				enumerated in rule
				875-156.5
				(73A). If the contractor or subcontractor fails to provide the requested
				records within 10 days, the commissioner may direct, within 15 days after the
				end of the 10-day period, that the fiscal or financial office charged with the
				custody and disbursement of funds of the public body that contracted for
				construction of the public improvement or undertook the public improvement, to
				withhold immediately from payment to the contractor or subcontractor up to 25
				percent of the amount to be paid to the contractor or subcontractor under the
				terms of the contract or written instrument under which the public improvement
				is being performed. The amount withheld shall be immediately released upon
				receipt by the public body of a notice from the commissioner indicating that
				the request for records as required by this paragraph has been
				satisfied.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 156 - Bidder Preferences in Government Contracting › Rule 875-156.7 - Remedies

Current through Register Vol. 47, No. 3, July 24, 2024
Following the conclusion of the informal conference, or
				  following the expiration of the time in which a party may file a written
				  request for an informal conference, the division may pursue the following
				  remedies.
(1)
Injunctive
				relief.
If the division determines that a violation of the Act has
				occurred, the division may sue for injunctive relief against the awarding of a
				contract, the undertaking of a public improvement, or the continuation of a
				public improvement.
(2)
Civil penalty.
Any person or entity that violates the
				provisions of this chapter is subject to a civil penalty in an amount not to
				exceed $1,000 for each violation found in a first investigation by the
				division, not to exceed $5,000 for each violation found in a second
				investigation by the division, and not to exceed $15,000 for a third or
				subsequent violation found in any subsequent investigation by the division.
				Each violation of this chapter for each worker and for each day the violation
				continues constitutes a separate and distinct violation. In determining the
				amount of the penalty, the division shall consider the appropriateness of the
				penalty to the person or entity charged, upon determination of the gravity of
				the violation(s). The collection of these penalties shall be enforced in a
				civil action brought by the attorney general on behalf of the
				division.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 156 - Bidder Preferences in Government Contracting › Rule 875-156.8 - Compliance With Federal Law

Current through Register Vol. 47, No. 3, July 24, 2024
If it is determined that application of this chapter and the
				  Act may cause denial of federal funds which would otherwise be available for a
				  public improvement, or would otherwise be inconsistent with requirements of any
				  federal law or regulation, the application of this chapter shall be suspended
				  to the extent necessary to prevent denial of the funds or to eliminate the
				  inconsistency with federal requirements.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 156 - Bidder Preferences in Government Contracting › Rule 875-156.9 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
If any rule under this chapter, any portion of a rule under
				  this chapter, or the applicability of any rule under this chapter to any person
				  or circumstance is held invalid by a court, the remainder of these rules or the
				  rules' applicability to other persons or circumstances shall not be
				  affected.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 160 - Employer Requirements Relating to Non-english Speaking Employees › Rule 875-160.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
The rules in this chapter are intended to implement and
				  clarify the division of labor services' responsibilities under Iowa Code
				  chapter 91E. These rules apply to employees employed on an hourly basis. These
				  rules apply to employers whose total employment of employees paid on an hourly
				  basis in this state exceeds 100.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 160 - Employer Requirements Relating to Non-english Speaking Employees › Rule 875-160.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in Iowa Code section
				  91E.1 are adopted
				  with the following clarifications or additions:
"Act"
means the non-English speaking
				  employee services Act, Iowa Code chapter 91E.
"Applicant"
means an employer, employee, or
				  non-English speaking employee as those terms are defined in the Act.
"Business day"
means those days an office is
				  open and staffed with the person(s) capable of processing employees' requests
				  for transportation provided in Iowa Code section
				  91E.3(2).
"Commissioner"
means the commissioner of the
				  division of labor services of the department of workforce development or the
				  commissioner's designee.
"Primary"
means of first rank, importance,
				  or value.
"Work site"
means a single physical location
				  where business is conducted or where services or industrial operations are
				  performed, for example: a factory, mill, store, hotel, restaurant, movie
				  theatre, farm, ranch, bank, sales office, warehouse, or central administrative
				  office.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 160 - Employer Requirements Relating to Non-english Speaking Employees › Rule 875-160.3 - Knowledge of English

Current through Register Vol. 47, No. 3, July 24, 2024
The Act and these rules apply to employees who do not speak,
				  read, write, or understand English well enough to understand the terms,
				  conditions, and daily responsibilities of employment. An employee who can
				  understand the following in English is not covered by these rules:
(1) The hours of work.
(2) The hourly wage.
(3) All mandatory and elective
				benefits.
(4) The job
				duties.
(5) The safety and health
				risks of the job and appropriate methods of protection.
(6) Information and training on hazardous
				chemicals in the employee's work area.
(7) Safety signs and symbols that warn of
				potential dangers and hazards at the work site.
(8) The purpose of forms used by the employer
				including:
a. Orientation,
b. Insurance,
c. Accidents at the work site, and
d. Other forms the employee is required to
				complete or answer.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 160 - Employer Requirements Relating to Non-english Speaking Employees › Rule 875-160.4 - Interpreters

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Interpreter available.
An interpreter shall be made available
				at a work site where more than 10 percent of the employees speak the same
				non-English language. At least one interpreter shall be available at each work
				site for each entire shift on which the non-English speaking employees are
				employed.
(2)
Interpreters
				provided.
An interpreter shall be provided to all non-English speaking
				employees in order to comply with subrules 160.3(1) to 160.3(10).
(3)
Spanish-speaking
				interpreters.
If a Spanish-speaking interpreter is needed, the
				employer shall select an interpreter from the list of interpreters developed by
				the commissioner.
(4)
Interpreters for languages other than Spanish.
If an
				interpreter is needed for a language other than Spanish, the employer shall
				select an interpreter capable of interpreting information needed relative to
				the items listed in subrules 160.3(1) to 160.3(10).
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 160 - Employer Requirements Relating to Non-english Speaking Employees › Rule 875-160.5 - Community Services Referral Agent

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Referral agent
				available.
A referral agent shall be employed by the employer when the
				employer has more than 10 percent of its employees who speak the same
				non-English language. The employer shall provide to employees at each work site
				the name of the person who is designated as having the primary responsibility
				as the referral agent. The information shall be provided in the language of the
				non-English speaking employees.
(2)
Referral agent's responsibilities.
The primary responsibility
				of the person employed as the employer's referral agent shall be to develop and
				maintain a list of contact persons and agencies, telephone numbers, and
				addresses of the community services provided in the work site's community. The
				referral agent shall assist non-English speaking employees in working with and
				through those services.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 160 - Employer Requirements Relating to Non-english Speaking Employees › Rule 875-160.6 - Active Recruitment of Non-english Speaking Employees

Current through Register Vol. 47, No. 3, July 24, 2024
Active recruitment includes, but is not limited to, the
				  following:
(1) Placement of employment
				opportunity advertising or notices in non-English publications or non-English
				advertising in English language publications located, or within a general
				circulation located in another state more than 500 miles from the place of
				employment;
(2) Placement of
				employment opportunity advertising or notices through non-English radio,
				television, signs, posters or any other form of media located in another state
				more than 500 miles from the place of employment;
(3) The use of any non-English language by an
				employer, or representative of the employer, at any point in the recruitment or
				hiring process; or
(4) The
				solicitation of present or past non-English speaking employees for the purpose
				of recruitment or hiring of other non-English speaking employees residing in
				other states more than 500 miles from the work site.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 160 - Employer Requirements Relating to Non-english Speaking Employees › Rule 875-160.7 - Employee's Return to Location of Recruitment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This rule applies to employees as defined
				in the Act who:
a. Are English and
				non-English speaking,
b. Were
				recruited from a location more than 500 miles from the work site,
c. Resign from employment within four
				calendar weeks of the date of initial employment, and
d. Are employed by an employer as defined in
				the Act.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 160 - Employer Requirements Relating to Non-english Speaking Employees › Rule 875-160.8 - Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
This rule pertains to enforcement of the Act.
(1) Inspections shall take place at the times
				and places directed by the commissioner.
(2) Inspections may be conducted without
				prior notice.
(3) The commissioner
				may interview persons at the work site and utilize other reasonable inspection
				techniques including but not limited to correspondence, telephone conversation,
				review of written materials, and physical inspection of the work
				site.
(4) Unnecessary disruptions
				to the operations at the work site will be avoided.
(5) In the event the commissioner is not
				permitted to fully conduct an inspection, an administrative warrant may be
				sought.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 160 - Employer Requirements Relating to Non-english Speaking Employees › Rule 875-160.9 - Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
This rule contains procedures for the application for and
				  granting of exemptions from the requirements of the Act or the rules in this
				  chapter. These rules shall be construed to secure a prompt and just conclusion
				  to a proceeding subject to these rules.
(1) An exemption may be granted by the
				commissioner where reasonable.
(2)
				An applicant desiring an exemption shall file a written application with the
				commissioner which shall include:
a. The
				name, address and telephone number of the applicant;
b. The address or location of the work site
				affected;
c. A description of the
				operation or type of work site;
d.
				A listing of the section of the Act or rules to which the exemption would
				apply;
e. A representation of the
				impact of compliance on the part of the applicant;
f. A representation of why the exemption
				would be reasonable;
g. If the
				applicant is an employer, a description of how employees and non-English
				speaking employees have been informed of the application and their rights to
				petition the commissioner for a hearing;
h. If the applicant is an employee or
				non-English speaking employee, a description of how the employer has been
				informed of the application and the employer's rights to petition the
				commissioner for a hearing;
i. A
				request for a hearing, if one is desired; and
j. Any other information the commissioner may
				request.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 160 - Employer Requirements Relating to Non-english Speaking Employees › Rule 875-160.10 - Enforcement and Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If
				the commissioner finds a violation subject to a civil penalty, the commissioner
				shall issue a notice of violation to the employer and propose a civil penalty
				which shall be sent to the employer by certified mail. The employer shall have
				14 calendar days from receipt of the notice of violation or proposed civil
				penalty to inform the commissioner by mail of the intent to contest the
				notification or proposed penalty. After receipt of the employer's notification,
				the commissioner shall afford the employer the opportunity for a hearing. The
				hearing shall be conducted pursuant to the rules in 875-Chapter 1.
(2) If the commissioner finds any violations
				subject to a criminal penalty, the commissioner shall notify the county
				attorney for the county in which the violation occurred or the employer's work
				site is located in the county where the employee or non-English speaking
				employee was employed or to be employed.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 169 - General Requirements for Athletic Events › Rule 875-169.2 - Prohibited Events

Current through Register Vol. 47, No. 3, July 24, 2024
No promoter shall arrange or advertise:
(1) A match between persons of the opposite
				sex;
(2) A match between more than
				two contestants; or
(3) A match
				with a contestant who is younger than 18 years of age.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 169 - General Requirements for Athletic Events › Rule 875-169.3 - Advance Notice of Event

Current through Register Vol. 47, No. 3, July 24, 2024
A promoter shall submit advance notice of an event, other
				  than a professional wrestling event, to the commissioner on the form provided
				  by the commissioner at least 60 days prior to the event but not more than six
				  months prior to the event. The advance notice shall include:
(1) The date, time, type, and location of the
				event;
(2) The promoter's name and
				contact information;
(3) One-half
				of the required event license fee set forth by subrule 169.4(2);
(4) Whether the event is indoors or outdoors;
				and
(5) Other relevant information
				requested by the commissioner on the form.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 169 - General Requirements for Athletic Events › Rule 875-169.4 - Event License

Current through Register Vol. 47, No. 3, July 24, 2024
A promoter shall hold a mixed martial arts match,
				  professional boxing match, or wrestling match only if the commissioner of
				  athletics (commissioner) has issued an applicable event license.
(1)
Application.
At least
				seven days before the event, the promoter shall submit a completed application
				for a license on the form provided by the commissioner.
a. For a professional wrestling event, the
				application shall include each of the following:
(1) The promoter's name, address, telephone
				number and other contact information as requested by the
				commissioner;
(2) The event date,
				venue name, and venue address;
(3)
				A nonrefundable $100 event license fee applicable to events held on or after
				May 1, 2014; and
(4) The promoter's
				signature.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 169 - General Requirements for Athletic Events › Rule 875-169.5 - Promoter Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
The promoter of a professional wrestling event shall be
				  responsible for subrules 169.5(1) through 169.5(6). All other promoters shall
				  be responsible for each of the following:
(1) Ensure compliance with Iowa Code chapter
				90A and applicable rules.
(2)
				Ensure that the referees are familiar with and enforce the rules.
(3) Be responsible for the conduct and
				attendance of all officials and participants.
(4) Ensure that adequate public safety is
				maintained at all events. Adequate personnel provided by a private security
				company and at least one law enforcement officer who is certified pursuant to
				Iowa Code chapter 80B shall be furnished by the promoter.
(5) Ensure that a referee inspects the
				gloves, bandages, and body of each contestant for foreign substances that might
				be detrimental to an opponent.
(6)
				Ensure that contestants are free of fingernails that are capable of causing
				injury to an opponent.
(7) Provide
				officials and participants who are subject to approval by the
				commissioner.
(8) Answer to the
				commissioner for noncompliance.
(9)
				Be available to the commissioner throughout an event or identify a designee who
				shall be:
a. Available to the commissioner
				throughout an event; and
b.
				Authorized by the promoter to address issues that may arise.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 169 - General Requirements for Athletic Events › Rule 875-169.6 - Taxes

Current through Register Vol. 47, No. 3, July 24, 2024
No later than 20 days after an event, a promoter shall file
				  with the commissioner a report and pay all taxes due as a result of the event.
				  The report shall be submitted on the form provided by the commissioner and
				  shall include the promoter's business name, name of a contact for the promoter,
				  date of the event, event license number, location of the event, each price for
				  which tickets were offered or sold, number of tickets sold at each price, total
				  gate receipts, and signatures of the licensee and the person who completed the
				  report. The promoter shall submit with the report:
(1) Proof of the number of tickets sold and
				the price of each ticket, which shall include appropriate documentation from a
				ticketing service, if applicable.
(2) A check made payable to the Iowa Division
				of Labor Services for the amount calculated using the report.
(3) A check made payable to the Iowa
				Department of Revenue for the amount calculated using the report.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 170 - Operations of Advisory Board › Rule 875-170.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter governs the conduct of business by the Iowa
				  athletic commissioner amateur boxing grant advisory board (board). The board
				  shall advise the athletic commissioner (commissioner) regarding the award of
				  grants to organizations promoting amateur boxing in this
				  state.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 170 - Operations of Advisory Board › Rule 875-170.2 - Membership

Current through Register Vol. 47, No. 3, July 24, 2024
The board is composed of six voting members: three from the
				  Iowa chapter of the golden gloves association of America, appointed by the
				  association, and three from the Iowa chapter of the United States amateur
				  boxing federation, appointed by the federation.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 170 - Operations of Advisory Board › Rule 875-170.5 - Attendance and Participation by the Public

Current through Register Vol. 47, No. 3, July 24, 2024
All meetings are open to the public. Persons who wish to
				  address the board on a matter on the agenda should notify the commissioner at
				  least three days before the meeting. Iowa Code section
				  21.4 requires a
				  commission to give notice of its proposed agenda. Therefore, the commissioner
				  discourages persons from raising matters not on the agenda. Persons who wish to
				  address the board on a matter not on the agenda should file a request with the
				  chairperson to place the matter on the agenda of a subsequent
				  meeting.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 170 - Operations of Advisory Board › Rule 875-170.6 - Quorum and Voting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Quorum.
Four members
				constitute a quorum.
(2)
Majority voting.
All votes shall be determined by a majority
				of the board.
(3)
Voting
				procedures.
The commissioner shall rule as to whether the vote will be
				by voice vote or roll call. A roll call vote shall be taken at the request of
				any member of the board.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 170 - Operations of Advisory Board › Rule 875-170.7 - Minutes, Transcripts and Recording of Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Recordings.
The
				commissioner shall record by mechanized means each meeting and shall retain the
				recording for at least one year. Recordings of closed sessions shall be sealed
				and retained at least one year.
(2)
Transcripts.
Transcripts of meetings will not routinely be
				prepared. The commissioner will have transcripts prepared upon receipt of a
				request for a transcript and payment of a fee to cover its cost.
(3)
Minutes.
The
				commissioner shall keep minutes of each meeting. Minutes shall be reviewed and
				approved by the board and maintained for at least five years. The approved
				minutes shall be signed by the commissioner.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 171 - Grant Applications and Awards › Rule 875-171.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes rules of the commissioner of
				  athletics (commissioner) for the distribution of revenues collected from a
				  professional boxing event pursuant to Iowa Code section
				  90A.9.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 171 - Grant Applications and Awards › Rule 875-171.2 - Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				commissioner shall announce the opening of the application process by public
				notice.
(2) All amateur boxing
				organizations seeking grant funds must submit an application to the
				commissioner on forms provided by the commissioner.
(3) Contents. Each application shall contain:
a. The name and address of the applicant and
				the telephone number of a contact person.
b. A plan of action which details how the
				awarded funds will be spent and what results and benefits are expected. The
				action plan shall include:
(1) Grant goals,
				objectives, timeliness, responsible individuals, and evaluation. The grant
				results shall be quantifiable and measurable.
(2) Establish an end result which is
				beneficial to the sport of amateur boxing.
(3) Number of projected amateur boxing
				matches to be promoted by the applicant.
c. A budget detailing how the grant funds
				will be expended.
d. Assurances the
				applicant will comply with the conditions and procedures for grant
				administration.
e. A plan for
				evaluation.
f. Assurance the funds
				will not be used to retire preexisting financial obligations.
g. Assurances the applicant will comply with
				the conditions for financial management.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 171 - Grant Applications and Awards › Rule 875-171.3 - Grant Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All
				applications will be reviewed by the board. The board will recommend and advise
				the commissioner who shall have the final discretion to award funds.
(2) The commissioner shall notify successful
				applicants and shall provide to each of them a contract for signature. This
				contract shall be signed by an official with authority to bind the applicant
				and shall be returned to the commissioner prior to the award of any funds under
				this program.
(3) If the applicant
				and the commissioner are unable to successfully negotiate a contract, the
				commissioner may withdraw the award offer.
(4) Applications shall be received by May 1
				of each calendar year for an award the following fiscal year. Payment will be
				processed within 60 days of a grant award by the commissioner.
(5) Grants shall be awarded for a 12-month
				period and may be renewed for a second year.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 171 - Grant Applications and Awards › Rule 875-171.5 - Termination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Cause.
The contract may be terminated in whole or in part at
				any time before the date of completion, whenever it is determined by the
				commissioner that the grantee has failed to comply substantially with the
				conditions of the contract. The grantee shall be notified in writing by the
				commissioner of the reasons for the termination and the effective date. The
				grantee shall not incur new obligations for the terminated portion after the
				effective date of termination and shall cancel as many outstanding obligations
				as possible.
(2)
Responsibility of grantee at termination.
Within 45 days of
				the termination, the grantee shall supply the commissioner with a financial
				statement detailing all costs up to the effective date of the termination. If
				the grantee expends money for other than specified budget items approved by the
				commissioner, the grantee shall return moneys for unapproved
				expenditures.
(3)
Appeals.
Any grantee aggrieved by a final decision regarding a
				grant award may appeal the decision by notifying the commissioner in writing
				within 10 days of the date of the decision. The commissioner shall issue a
				decision on the appeal within 60 days.
(4)
Refusal to issue ruling.
The commissioner may refuse to issue a ruling or decision upon an appeal for
				good cause. Good cause includes, but is not limited to, the following reasons:
1. The appeal is untimely;
2. The appellant lacks standing to
				appeal;
3. The appeal is not in the
				required form or is based upon frivolous grounds;
4. The appeal is moot because the issues
				raised in the notice of appeal or at the hearing have been settled by the
				parties;
5. The termination of the
				grant was beyond the control of the department because it was due to lack of
				funds available for the contract.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 171 - Grant Applications and Awards › Rule 875-171.6 - Financial Management

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Financial documents.
The grantee shall follow standards for
				financial records and procedures established by the commissioner.
(2)
Financial reporting.
Within 90 days of the expiration or termination of a grant, the recipient shall
				submit to the commissioner:
a. A full
				disclosure of the status of grant expenditures compared to budgeted amounts on
				a line item basis.
b. Expenditures
				shall be reported on a line item basis and any expenditure exceeding 5 percent
				of the line item will require the grantee to submit an amended application to
				the commissioner for approval. This approval must accompany the close-out
				report to justify any positive 5 percent deviation.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 171 - Grant Applications and Awards › Rule 875-171.7 - Adjustments and Collections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Disallowances and adjustments.
The closeout of a grant does
				not affect the commissioner's right to disallow costs and recover funds on the
				basis of an audit or other postgrant period review or the grantee's obligation
				to return any funds due as a result of unexpended funds, refunds, corrections
				or other transactions.
(2)
Collection.
Any funds paid to a grantee in excess of the
				amount to which the grantee is finally determined to be due under the terms of
				the award constitute a debt to the state of Iowa. Amounts are due within 30
				days of demand.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 172 - Professional Wrestling › Rule 875-172.1 - Limitation of Bouts

Current through Register Vol. 47, No. 3, July 24, 2024
All bouts, unless expressly approved by the commissioner,
				  will be limited to three falls; the contestant gaining the most falls will be
				  the winner of the bout. If there have been no falls, or if each contestant has
				  won one fall at the end of a specified time limit, the referee will declare the
				  bout a draw. If, at the end of a time limit of a two fall out of three bout,
				  only one contestant has been awarded one fall, that contestant will be declared
				  the winner. If, at the end of a time limit of a single fall bout, no falls have
				  been awarded, the bout will be declared a draw.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 172 - Professional Wrestling › Rule 875-172.3 - Out-of-bounds

Current through Register Vol. 47, No. 3, July 24, 2024
If a contestant works off the mat so that any part of the
				  contestant's body is in or underneath the ropes, the referee shall order the
				  contestants to break and place them in the center of the ring in a standing
				  position.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 172 - Professional Wrestling › Rule 875-172.5 - Failure to Break Hold

Current through Register Vol. 47, No. 3, July 24, 2024
If a contestant does not break a hold and take two steps
				  backwards before continuing when ordered to do so by the referee, the referee
				  will then count to four. If the hold is not broken the referee will award the
				  fall or bout to the offending contestant's opponent.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 172 - Professional Wrestling › Rule 875-172.7 - Abusing Referee

Current through Register Vol. 47, No. 3, July 24, 2024
Striking, pushing or in any way abusing the referee will not
				  be allowed. After being warned by the referee, repeating of the offense by the
				  offender will forfeit the fall or bout to the opponent.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 172 - Professional Wrestling › Rule 875-172.10 - Time Between Falls

Current through Register Vol. 47, No. 3, July 24, 2024
Following each fall the contestants may leave the ring. The
				  timekeeper will not allow more than three minutes between the falls. If one or
				  more of the contestants retire to the dressing rooms, five minutes will be
				  granted.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 172 - Professional Wrestling › Rule 875-172.15 - Health of Wrestler

Current through Register Vol. 47, No. 3, July 24, 2024
The promoter shall ensure that no wrestler shall be permitted
				  to wrestle who is suffering from any illness or disability which in any way
				  interferes with or prevents the wrestler from giving a full, complete and
				  satisfactory exhibition of ability and skill, or endangers the wrestler's
				  health or the health of the wrestler's opponent.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 172 - Professional Wrestling › Rule 875-172.17 - Advertising

Current through Register Vol. 47, No. 3, July 24, 2024
All professional wrestling programs under the supervision and
				  the authority of the commissioner are exhibitions only and not contests. All
				  wrestling can only be advertised or announced as exhibitions, unless a special
				  license is issued for a contest.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 173 - Professional Boxing › Rule 875-173.1 - Limitation of Rounds

Current through Register Vol. 47, No. 3, July 24, 2024
Ten rounds shall be the maximum number of rounds for a boxing
				  bout, except for a championship match which may not exceed 15 rounds. Three
				  minutes of boxing will constitute a round, or by special permission of the
				  commissioner, two minutes. There shall be a rest period of one minute between
				  rounds.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 173 - Professional Boxing › Rule 875-173.2 - Weight Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
Permission must be received from the commissioner before a
				  contestant will be permitted to box an opponent 18 pounds heavier than the
				  boxer in the welterweight or middleweight classes, or 6 pounds heavier than the
				  boxer in or under the lightweight class.
Iowa Administrative Code › Agency 875 - Labor Services Division › Athletics Commissioner › Chapter 173 - Professional Boxing › Rule 875-173.4 - Injury

Current through Register Vol. 47, No. 3, July 24, 2024
If a contestant claims to be injured during the bout, the
				  referee shall stop the bout and request the attending physician or physician
				  assistant to make an examination. If the physician or physician assistant
				  decides that the contestant has been injured as the result of a foul, the
				  physician or physician assistant shall advise the referee of the injury. If the
				  physician or physician assistant is of the opinion that the injured contestant
				  may be able to continue, the physician or physician assistant shall order a
				  five-minute intermission, after which the physician or physician assistant
				  shall make another examination and again advise the referee of the injured
				  contestant's condition. It shall be the duty of the promoter to have an
				  approved physician or physician assistant in attendance during the entire
				  duration of all bouts.