reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.5 - Allegation of Employing Unit Fraud

Current through Register Vol. 47, No. 3, July 24, 2024
The following is the general procedure to be followed by the
						investigation and recovery unit in an employing unit fraud
						investigation:
(1) Upon receipt of an
					allegation of employing unit fraud the party making the allegation will provide
					sufficient information to proceed with an investigation. Information such as
					the identification and location of the employing unit, the individual or group
					of individuals suspected of fraudulent action, and what fraudulent action is
					occurring will be provided, if possible.
(2) The allegation will be promptly forwarded
					to the investigation and recovery unit for investigation.
(3) The investigation and recovery unit may
					seek the assistance and expertise of the tax unit staff.
(4) If the findings, revealed through the
					investigation by the investigation and recovery unit, indicate that
					misrepresentation occurred on the part of the employer, an informal
					fact-finding interview will be scheduled for the party or parties to allow them
					an opportunity to present testimony either refuting or affirming the allegation
					of employer fraud.
(5) If the
					employer wishes to invoke the fifth amendment, the investigator can require the
					employer to answer all questions. However, the employer cannot be prosecuted on
					the basis of any transaction, matter, or issue concerning which such employer
					is compelled, after having invoked the privilege against self-incrimination, to
					testify or produce evidence.
(6) In
					the event a workforce development office receives an allegation, the office
					will forward such information to the investigation and recovery unit, provided
					the communication identifies and supplies sufficient information to proceed
					with an investigation.
This rule is intended to implement Iowa Code sections 96.16 and
						96.11(10).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.9 - Administrative Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When,
					subsequent to the filing of a valid claim, it has been determined that within
					the preceding 36 calendar months the claimant fraudulently reported or failed
					to report wages earned during a week, or failed to disclose a material fact
					upon separation from employment from such claimant's most recent employing unit
					or employer, with intent to obtain benefits, or failed to disclose a material
					fact concerning any claimant's ability to work, availability for work, or any
					other eligibility requirements, with intent to obtain benefits, such claimant
					shall forfeit all unemployment insurance benefits for the week in which the
					determination is made and for a period of not more than such claimant's
					remaining benefit year.
(2)
					Penalties.
a. Any penalties imposed by this
					rule shall be in addition to those imposed by Iowa Code section
					96.16.
b. The general guide for
					disqualifications for deliberate falsification for the purpose of obtaining or
					increasing unemployment insurance benefits is listed below. It is intended to
					be used as a guide only and is not a substitute for the personal subjective
					judgment of the investigator because each case must be decided on its own
					merits. The administrative penalty recommended for falsification ranges from
					three weeks through the end of the benefit year. The department shall also
					consider the filing of fraud charges whenever an administrative penalty is
					imposed against a claimant. If the same offense is repeated, loss of benefits
					through the end of the benefit year will result.
c. The department shall issue a determination
					which sets forth the specific penalty being applied.
(1) The degree and severity of penalty shall
					be determined at the discretion of the investigator and shall be based upon the
					nature of the offense and the facts.
(2) The determination shall be based on the
					facts obtained and shall become final within ten days after the decision was
					mailed to the claimant's last-known address, unless an appeal is made to the
					department by the filing of a notice of appeal at any office of the department
					of workforce development. Timeliness shall be determined by postmark within ten
					calendar days from the date of mailing shown on the decision or be received by
					the department within ten calendar days from the date of mailing.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.10 - Prosecution on Overpayments

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When an
					overpayment occurs due to misrepresentation, the case shall be given a thorough
					and detailed review of the facts, as obtained by the investigation and recovery
					unit, to determine if a prosecution for fraud would meet the county attorney's
					criteria.
a. The claimant shall be afforded an
					opportunity to give testimony either refuting or affirming the
					overpayment.
b. The investigation
					and recovery unit will issue a decision concerning the overpayment.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.11 - Prosecution for Fraud (procedure)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 If prosecution is warranted, supportive documentation and evidence will be
			 requested and thoroughly reviewed upon receipt by the investigator
(2) A handwriting sample will be taken from
			 claimant when necessary and submitted for investigation.
(3) A summary of the case will be prepared and
			 the case taken to the county attorney for filing of criminal charges.
(4) Upon request by the coimty attorney, the
			 investigator may make recommendations regarding plea bargaining, dismissals, and
			 sentencing and participate in the mediation process.
(5) Investigators may testify and produce
			 evidence at district court and grand jury proceedings.
This rule is intended to implement Iowa Code sections 96.11(1)
				and 96.16(2).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.12 - Wage Verification Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each
					quarter, wage verification documents are mailed to selected employers
					requesting wage information on specific claimants as it concerns benefit
					payments.
(2) The documents, upon
					completion by the employer, are sent to the investigation and recovery unit for
					review. Potential cases of conflict will result in an investigation assignment.
					Claimants will be notified by means of Form 65-5332, Preliminary Audit Notice,
					and given an opportunity to respond. If it is determined that an overpayment
					has occurred, the investigator will prepare Form 68-0031, Decision Overpayment
					Worksheet, on which the amount, weeks, type, and reason for the overpayment are
					identified. Claimants are notified of the determination on Form 65-5323,
					Unemployment Insurance Decision.
(3) An employer may choose to participate in
					the automated wage verification procedure by following the electronic
					submission guidelines.
(4) An
					employer that fails to respond to a request for wage information pertaining to
					specific claimant(s) as such request pertains to benefit payments will be
					charged a fee of $25 per claimant.
This rule is intended to implement Iowa Code section
						96.11(1).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.14 - Payments of Benefits Due Deceased Person

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Benefits due deceased claimants. An
			 eligible week for a deceased claimant will be one where the week is claimed by
			 the individual prior to death. If benefits are due a deceased person, the
			 benefits shall be paid to the person or persons who have been issued letters
			 testamentary or of administration pursuant to an application filed within 30 days
			 after the claimant's death.
(2) In
			 the event that no application for letters testamentary or of administration has
			 been filed within 30 days after the claimant's death, the benefits which were due
			 shall be paid to the decedent's surviving spouse, if any; or, if no spouse
			 survives the decedent and the decedent is survived by an unmarried minor child or
			 children, the benefits shall, at the discretion of the department, be paid:
a. To the guardian or guardians of immarried
			 minor child or children for their benefit; or
b. To the person or institution who or which
			 the department finds shall have assumed the obligation of providing support for
			 or maintenance of such minor child or children; or
c. To any person who the department finds has
			 furnished to such child or children necessaries of a value equaling or exceeding
			 the amount of benefits; or
d. To any
			 person who the department finds has paid expenses of the claimant's last illness
			 or burial expenses in an amount equaling or exceeding the amount of
			 benefits.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.15 - Back Pay-benefit Recovery and Charging

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When an individual receives benefits for a
			 period of unemployment and subsequently receives a payment in the form of or in
			 lieu of back pay for the same period from the individual's employer, the
			 department shall recover the benefits in the following manner:
a. The department shall first attempt to reach
			 an agreement with the individual and the employer to allow the employer to deduct
			 an amount equal to the benefits received by the individual from the payment in
			 the form of or in lieu of back pay paid by the employer and to remit that amount
			 to the unemployment compensation fund.
b. If the department fails to reach an
			 agreement with the individual and the employer as provided in
			 paragraph
"a,"
then the department shall either deduct an amount
			 equal to the benefits received by the individual from any future benefits
			 received by the individual or have the individual pay the department an amount
			 equal to the benefits received by the individual.
c. The burden of proof shall rest with the
			 employer to establish the dollar amount of the back pay award which is
			 remuneration for lost wages and the specific period of time to which the
			 remimeration applies.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.16 - State Payment Offset

Current through Register Vol. 47, No. 3, July 24, 2024
An individual who is owed a payment from the state of at least
				$50 and owes an overpayment of benefits of at least $50 is subject to an offset
				against the individual's payment from the state to recover all or a part of the
				individual's overpayment of benefits and to reimburse the department of revenue
				for administrative costs to execute the offset. All overpayments, whether fraud
				or nonfraud, are included in this process.
(1) The individual's name and social security
			 number are given to the department of revenue.
(2) The department of revenue notifies the
			 department that an overpaid individual is owed a payment from the state. The
			 department then notifies the overpaid individual of the potential offset against
			 the individual's payment from the state.
(3) In the case of a joint or combined income
			 tax filing, the individual has ten days from the postmark date on the decision to
			 request a split of the refund to ensure the other party's portion of the refund
			 is not offset. When a request is made, the department notifies the department of
			 revenue to make the split. The department then notifies the overpaid individual
			 of the amount of the offset. If the request for split of the refund is not made
			 timely, the entire income tax refund becomes subject to offset.
(4) Any appeal by the individual is limited to
			 the validity of the department's authority to recoup the overpayment through
			 offset.
(5) In the event that the
			 amount of the offset exceeds the remaining overpayment, the department shall
			 issue to the individual a special check equal to the amount of the excess.
This rule is intended to implement Iowa Code sections
				96.11 and
				421.17(26,29).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.17 - Federal Payment Offset

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to  42 U.S.C. 503§
								303(m) and 26  U.S.C.
				§6402(f), the department shall utilize the treasury offset program in
				order to collect covered unemployment compensation.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Terms defined in the Iowa employment security law and the Iowa
				administrative procedure Act and which are used in these rules shall have the
				same meaning as provided by such laws. In addition, the following words and
				terms when used in this chapter shall have the following meanings, unless the
				context clearly indicates otherwise:
"Contested case"
means a proceeding defined in
				Iowa Code section 17A.2(5)  and includes any matter defined as a no factual
				dispute contested case in Iowa Code section 17A.10A. It specifically includes
				any appeal from a determination of a representative of the department or any
				appeal or request for a hearing by an employer or employing unit from an
				experience rating, charge determination or other decision affecting its
				liability. Except as provided in subrule 26.17(5), a final decision of the
				employment appeal board of the department of inspections and appeals shall
				constitute final agency action. A presiding officer's decision shall be the
				final decision of the department if there is no appeal therefrom to the
				employment appeal board of the department of inspections and appeals or if the
				appeal is made directly to the district court in lieu of filing an appeal with
				the employment appeal board of the department of inspections and
				appeals.
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding officer"
means an administrative
				law judge employed by the department of workforce
				development.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
			 shall be computed as provided in Iowa Code section
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by
			 statute.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.4 - Commencement of Unemployment Benefits Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An unemployment benefits contested case is
			 commenced with the filing, by mail, facsimile, or e-mail, online, or in person,
			 of a written appeal by a party with the appeals bureau of the department. The
			 appeal shall be addressed or delivered to: Appeals Bureau, Iowa Workforce
			 Development, 1000 East Grand Avenue, Des Moines, Iowa 50319. An online appeal is
			 filed by completing and submitting an online appeal form available on the Iowa
			 workforce development Web site.
(2)
			 An appeal from an initial decision concerning the allowance or denial of benefits
			 shall be filed, by mail, facsimile, or e-mail, online, or in person, not later
			 than ten calendar days, as determined by the postmark or the date stamp, after
			 the decision was mailed to the party at its last-known address and shall state
			 the following:
a. The name, address and social
			 security number of the claimant;
b. A
			 reference to the decision from which appeal is taken; and
c. The grounds upon which the appeal is
			 based.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.5 - Commencement of Employer Liability Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An employer liability contested case is
			 commenced with the filing of a written appeal with the tax bureau of the
			 department by mail, facsimile, or e-mail, online, or in person. The appeal shall
			 be addressed or delivered to: Tax Bureau, Iowa Workforce Development, 1000 East
			 Grand Avenue, Des Moines, Iowa 50319.
(2) An appeal from a decision of the tax bureau of the
			 department concerning employer status and liability, assessments, contribution
			 (tax) rate, successorship, workers' status, and all questions regarding coverage
			 of a worker or group of workers shall be filed, by mail, facsimile, or e-mail,
			 online, or in person, not later than 30 calendar days, as determined by the
			 postmark or the date stamp, after the decision was mailed to the party at the
			 party's last-known address and shall set forth the following:
a. The name, address, and Iowa employer account
			 number of the employer;
b. The name
			 and title of the person filing the appeal;
c. A reference to the decision from which the
			 appeal is taken; and
d. The grounds
			 upon which the appeal is based.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.6 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 notice of hearing shall be sent by first-class mail or via e-mail to all parties
			 at their last-known address at least ten calendar days in advance of the hearing
			 date and shall include:
a. The date, time and
			 place of an in-person hearing, or the date and time of a telephone hearing,
			 including instructions for contacting the appeals bureau in advance of the
			 hearing to provide the names and telephone numbers of all participants and
			 witnesses; and
b. The nature of the
			 hearing, including the legal authority and jurisdiction under which the hearing
			 is held; and
c. A statement of the
			 issues and the applicable sections of the Iowa Code or Iowa Administrative Code;
			 and
d. A description of the
			 administrative law judge who will serve as presiding officer.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.7 - Recusal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer shall withdraw from participation in the hearing or the making of any
			 decision in a contested case if:
a. The
			 presiding officer has a personal bias or prejudice concerning a party or a
			 representative of a party;
b. The
			 presiding officer has personally investigated, prosecuted or advocated, in
			 connection with that case, the specific controversy underlying the case, or
			 another pending factually related case or pending factually related controversy
			 that may culminate in a contested case involving the same parties;
c. The presiding officer is subject to the
			 authority, direction or discretion of any person who has personally investigated,
			 prosecuted or advocated in connection with that contested case, the specific
			 controversy underlying the contested case, or a pending factually related
			 contested case or controversy involving the same parties;
d. The presiding officer has acted as counsel
			 to any person who is a private party to that proceeding within the past two
			 years;
e. The presiding officer has a
			 personal financial interest in the outcome of the case or any other significant
			 personal interest that could be substantially affected by the outcome of the
			 case;
f. The presiding officer has a
			 spouse or relative within the third degree of relationship that: is a party to
			 the case, or an officer, director or trustee of a party; is a lawyer in the case;
			 is known to have an interest that could be substantially affected by the outcome
			 of the case; or is likely to be a material witness in the case; or
g. The presiding officer has any other legally
			 sufficient cause to withdraw from participation in the hearing and decision
			 making in that case.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.8 - Withdrawals, Dismissals, and Postponements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An appeal may
			 be withdrawn at any time prior to the issuance of a decision upon the request
			 of the appellant and with the approval of an administrative law judge or the
			 manager or chief administrative law judge of the appeals bureau. Requests for
			 withdrawal may be made in writing or orally, provided the oral request is
			 tape-recorded by the presiding officer.
An appeal may be dismissed upon
				the request of a party or in the agency's discretion when the issue or issues
				on appeal have been resolved in the appellant's favor.
(2) A hearing may be postponed by the
			 presiding officer for good cause, either upon the presiding officer's own
			 motion or upon the request of any party in interest. A party's request for
			 postponement may be in writing or oral, provided the oral request is
			 tape-recorded by the presiding officer, and is made not less than three days
			 prior to the scheduled hearing. A party shall not be granted more than one
			 postponement except in the case of extreme emergency.
(3) If, for good cause, a party, having
			 received due notice, is unable to attend a hearing or request postponement
			 within the prescribed time, the presiding officer may, if no decision has been
			 issued, reopen the record and, with notice to all parties, schedule another
			 hearing.
"Good cause" for purposes of this rule is defined as an emergency
				circumstance that is beyond the control of the party and that prevents the
				party from being able to participate in the hearing. Examples of good cause
				include, but are not limited to, death, sudden illness, or accident involving
				the party or the party's immediate family (spouse, partner, children, parents,
				sibling) or other circumstances evidencing an emergency situation which was
				beyond the party's control and was not reasonably foreseeable. Examples of
				circumstances that do not constitute good cause include, but are not limited
				to, a lost or misplaced notice of hearing, confusion as to the date and time
				for the hearing, failure to follow the directions on the notice of hearing,
				oversleeping, or other acts demonstrating a lack of due care by the
				party.
(4) A request to
			 reopen a record or vacate a decision must be made in writing. If necessary, the
			 presiding officer may hear, ex parte, additional information regarding the
			 request for reopening. The granting or denial of such a request may be used as
			 a grounds for appeal to the employment appeal board of the department of
			 inspections and appeals upon the issuance of the presiding officer's final
			 decision in the case.
(5) If good
			 cause for postponement or reopening has not been shown, the presiding officer
			 may make a decision based upon whatever evidence is properly in the record
			 or-in appropriate cases-may enter default as set forth in rule
			 871-26.14 (17A,96).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.9 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable to civil actions are available to all parties in interest
			 in contested cases.
(2) Unless
			 otherwise limited by a protective order, discovery is not limited. Upon
			 application by any adversely affected party or upon the presiding officer's own
			 motion, the presiding officer may limit discovery in the following situations:
a. The discovery sought is unduly repetitious,
			 or the information sought can be obtained by another method that is more
			 convenient, less burdensome or less expensive; or
b. The party seeking discovery has had prior
			 ample opportunity to obtain the information; or
c. The discovery is unduly burdensome or
			 expensive when viewed in the context of the factual issues to be resolved, the
			 limited resources of the parties, and the parties' interest in prompt resolution
			 of the contested case.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.10 - Ex Parte Communications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 An ex parte communication is an oral or written communication relating directly
			 to the facts or legal questions at issue in a contested case proceeding which is
			 made by a party to the presiding officer to whom the case has been assigned
			 without the knowledge or outside the presence of the other parties and with the
			 object of affecting the outcome of the case.
(2) Ex parte communication does not include:
a. Statements given by the parties to
			 representatives of the department for use in making the initial
			 determination;
b. Statements
			 contained in a party's appeal from the initial determination;
c. Statements relating only to procedural or
			 scheduling matters, such as requests for discovery, subpoenas, postponements or
			 withdrawals of appeals;
d. Requests
			 for clarification of a legal issue involved in a contested case, but only to the
			 extent of requesting information on the applicable law sections and not as to
			 matters of fact.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.11 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical form
			 for motions is required. Nevertheless, prehearing motions must be in writing,
			 state the grounds for relief and state the relief sought.
(2) Any party may file a written response to a
			 motion within five business days after the motion is served, unless the time
			 period is extended or shortened by the presiding officer, who may consider
			 failure to respond within the required time period in the ruling on a
			 motion.
(3) The presiding officer may
			 schedule oral arguments on any motion.
(4) Motions pertaining to the hearing must be
			 filed and served at least five days prior to the date of the hearing unless there
			 is good cause for permitting later action or the time is lengthened or shortened
			 by the presiding officer
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.12 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. A request, or an order for a
			 prehearing conference on the presiding officer's own motion, shall be filed not
			 less than five days prior to the hearing. A prehearing conference shall be
			 scheduled not less than three business days prior to the hearing date. Written
			 notice of the prehearing shall be given by the presiding officer to all parties.
			 For good cause, the presiding officer may permit variance from this
			 rule.
(2) Each party shall bring to
			 the prehearing conference:
a. A final list of
			 witnesses who the party anticipates will testify at the hearing. Witnesses not
			 listed may be excluded from testifying unless there was good cause for the
			 failure to include their names; and
b. A final list of exhibits which the party
			 anticipates will be introduced at the hearing. Exhibits other than rebuttal
			 exhibits that are not listed may be excluded from admission into evidence unless
			 there was good cause for the failure to include them.
Witness or exhibit lists may be amended subsequent to the
				prehearing within time limits established by the presiding officer at the
				prehearing conference. Any such amendments must be served on all parties.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.13 - Subpoenas for Witnesses and Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1) It is the
			 responsibility of the parties to request the attendance of witnesses the
			 parties believe have knowledge of the facts in issue in the contested
			 case.
(2) Upon the written request
			 of a party in interest received at least three days prior to the hearing date,
			 the presiding officer shall issue a subpoena compelling the attendance of a
			 person at the contested case hearing.
(3) The written request shall include:
a. The full name and mailing address or email
			 address of the person to be served; and
b. A statement of the relevance of the
			 witness's testimony and that it will not repeat or duplicate the testimony of
			 other witnesses.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.14 - Conduct of Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each contested
			 case hearing shall be heard and decided by a presiding officer who is an
			 administrative law judge.
a. All contested
			 case hearings except as provided in paragraphs
"b"
and
"c"
below shall be heard and decided by an administrative law
			 judge employed by the department of workforce development. The qualifications
			 for administrative law judges employed by the department of workforce
			 development shall be the same as the qualifications for administrative law
			 judges employed by the division of administrative hearings of the department of
			 inspections and appeals.
b.
			 Contested case hearings in which the department of workforce development is a
			 party may be heard and decided by an administrative law judge employed by the
			 division of administrative hearings of the department of inspections and
			 appeals.
c. The department of
			 workforce development is a party to contested case hearings in which it is the
			 employer. The department of workforce development is a party to contested case
			 hearings involving issues of employer liability and employee/independent
			 contractor status that arise from decisions issued by the tax bureau.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.15 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall accept testimony and other evidence in accordance with Iowa Code
			 section 17A.14.
(2) The parties may stipulate as to all or a
			 portion of the facts at issue in the contested case. The presiding officer may
			 accept the stipulation as establishing the facts of the case or may take
			 additional evidence.
(3) Documentary
			 evidence, whether or not verified, may be accepted by the presiding officer.
			 Documentary evidence may be received in the form of copies or excerpts, if the
			 originals are not readily available, provided the copies or excerpts are properly
			 authenticated.
(4) Objections to
			 evidentiary offers shall be specific in nature and shall be noted in the record
			 by the presiding officer. The presiding officer may rule immediately or defer
			 ruling until the final decision.
(5)
			 Proposed exhibits must be sent to the appeals bureau and to the other party or
			 parties to the proceeding before the hearing date by mail, fax, e-mail or
			 hand-delivery.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.16 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer shall electronically record all evidentiary hearings,
			 prehearing conferences and hearings on motions, all of which constitute apart of
			 the record of the contested case. A party may, at its own expense, also record
			 any hearing electronically or by certified shorthand reporter.
(2) The appeals bureau of the department of
			 workforce development shall provide a copy of the whole or a part of the record
			 at cost, unless there is further appeal in which event the record shall be
			 provided to all parties at no cost.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 26 - Contested Case Proceedings › Rule 871-26.17 - Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding officer shall issue a
			 written, signed decision as soon as practicable after the closing of the record
			 in a contested case. Each decision shall:
a.
			 Set forth the issues, appeal rights, a concise history of the case, findings of
			 essential facts, the reasons for the decision and the actual disposition of the
			 case;
b. Be based on the kind and
			 quality of evidence upon which reasonably prudent persons customarily rely for
			 the conduct of their serious affairs, even if none of such evidence would be
			 admissible in a jury trial in the Iowa district court; and
c. Be sent by first-class mail or email to
			 each of the parties in interest and their representatives.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 41 - Request for Waiver or Variance of Administrative Rule › Rule 871-41.1 - Requests for Waiver or Variance of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a request for waiver or variance of an
				administrative rule of the Workforce Development Department [871], Iowa
				Administrative Code, by writing a proper request which is received by the
				Division Administrator, Division of Unemployment Insurance Services, 1000 East
				Grand Avenue, Des Moines, Iowa 50319. All requests for waiver or variance of an
				administrative rule must be in writing and meet all requirements set out in this
				chapter A request is deemed filed when it is received by the division
				administrator The agency shall provide the requester with a file-stamped copy of
				the request if the requester provides the agency an extra copy for this purpose.
				The request must be typewritten or legibly handwritten in ink and must
				substantially conform to the following form:
IOWA WORKFORCE DEVELOPMENT
(Name of person requesting waiver or variance)
}
Request for waiver or variance of (specify rule for which waiver
				or variance is requested)
The petition must provide the following information:
1. The name and address of the person or entity
			 for whom a waiver or variance is requested.
2. A description and citation of the specific
			 rule for which a waiver or variance is requested.
3. The specific waiver or variance requested,
			 including the precise scope and operative period that the waiver or variance will
			 extend.
4. Relevant facts that the
			 requester believes would justify a waiver or variance. This statement shall
			 include a signed statement from the petitioner attesting to the accuracy of the
			 facts provided in the petition, and a statement of reasons the petitioner
			 believes will justify a waiver or variance.
5. A history of the agency's action relative to
			 the requester
6. Any information
			 regarding the agency's treatment of similar cases, if known.
7. The name, address and telephone number of
			 any person inside or outside state government who would be adversely affected by
			 the grant of the request, or who otherwise possesses knowledge of the matter with
			 respect to the waiver or variance request.
8. Signed release of information authorizing
			 persons with knowledge regarding requests to furnish the agency with information
			 pertaining to the waiver or variance, if necessary.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 41 - Request for Waiver or Variance of Administrative Rule › Rule 871-41.2 - Procedural Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department shall acknowledge a request upon receipt. Within 30 days after receipt
			 of a request for waiver or variance of an administrative rule, the agency shall
			 ensure that the requester has provided a copy of the request to all persons who
			 are required to receive one by provision of law. The agency may also require the
			 requester to give notice to send a copy of the request to other persons who would
			 have an interest in the subject matter
(2) The agency shall grant or deny a request
			 for waiver or variance of all or a portion of a rule as soon as practical but, in
			 any event, shall do so within 120 days of its receipt, unless requester agrees to
			 a later date. However, if a waiver or variance request has been filed in a
			 contested case proceeding, the agency shall grant or deny the request no later
			 than the time at which the final decision in that contested case is issued.
			 Failure of the agency to grant or deny such a request within the required time
			 period shall be deemed a denial of that request by the agency. If the request for
			 waiver or variance relates to a time requirement of an administrative rule, the
			 request must be received before the time specified in the rule has expired.
			 Within seven days of its issuance, any response issued under this rule shall be
			 transmitted, normally by depositing it in the mail, to the requester or the
			 person to whom the response pertains and to any other person entitled to such
			 notice by any provision of law.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 41 - Request for Waiver or Variance of Administrative Rule › Rule 871-41.3 - Criteria for Waiver or Variance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The director of the workforce development department shall make a decision as to
			 whether circumstances justify the granting of a waiver or variance. Waivers or
			 variances are granted at the discretion of the director after consideration of
			 relevant facts. The requester shall assume the burden of persuasion with regard
			 to a request for waiver or variance of an administrative rule. The person
			 requesting the waiver or variance of the rule must provide clear and convincing
			 evidence that compliance with the rule will create an imdue hardship on the
			 person for whom the waiver or variance is requested; the waiver or variance of
			 the rule on the basis of the particular circumstances relevant to that specified
			 person would be consistent with public interest; substantially equal protection
			 of public health, safety, and welfare will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver or variance is requested;
			 and the waiver or variance of the rule in the specific case would not prejudice
			 the substantial legal rights of any person.
(2) The agency shall deny a request for waiver
			 or variance of an administrative rule if the request waives or varies any statute
			 in whole or part. The agency shall deny any request if it does not comply with
			 the provisions of this rule. The agency may grant waiver or variance of a rule if
			 it finds that application of all or a portion of the rule to the circumstances of
			 the specified person would not, to any extent, advance or serve any purposes of
			 the rule. The agency will deny a request unless there are exceptional
			 circumstances justifying an exception to the general application of the rule in
			 otherwise similar circumstances. A waiver or variance shall be denied if the
			 material facts presented in the request are not true or material facts have been
			 withheld. The agency may request additional information from the requesting party
			 relative to the application and surrounding circumstances.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 41 - Request for Waiver or Variance of Administrative Rule › Rule 871-41.4 - Public Inspection

Current through Register Vol. 47, No. 3, July 24, 2024
All waiver or variance requests and responses shall be indexed by
				administrative rule number and available to members of the public for inspection
				at the administrative office of the Workforce Development Department, 1000 East
				Grand Avenue, Des Moines, Iowa. Identifying information concerning individuals as
				unemployment benefit claimants and taxpayers and other identifying information
				may be withheld by the agency in order to protect the confidentiality of parties
				as required by Iowa Code chapter 96.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 42 - Public Records and Fair Information Practices › Rule 871-42.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency."
In lieu of the words "(official or
				body issuing these rules)", insert "the department of workforce
				development".
"Person"
means an individual, corporation,
				governmental entity, estate, trust, partnership, association, or any other legal
				entity.
"Personally identifiable information."
In lieu
				of the words "an individual in a record which identifies the individual and which
				is contained in a record system", insert "a person in a record which identifies
				the person and which is contained in a record system".
"Record system."
In lieu of the words "an
				individual, number, symbol, or other unique retriever assigned to an individual",
				insert "a person, number, symbol or other unique retriever assigned to the
				person".
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 42 - Public Records and Fair Information Practices › Rule 871-42.3 - Request for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In lieu of the words "(insert agency head)",
			 insert "director". Also, in lieu of the words "(insert agency name and address)",
			 insert "Department of Workforce Development, 1000 East Grand Avenue, Des Moines,
			 Iowa 50319".
(2)
office
			 hours.
In lieu of the words "(insert customary office hours and, if
			 agency does not have customary office hours of at least thirty hours per week,
			 insert hours specified in Iowa Code section
			 22.4) ", insert "8 a.m. to 4:30
			 p.m. daily, excluding Saturdays, Sundays, and legal holidays".
(4)
Response to requests.
In
			 lieu of the words "X.4", insert "42.4(22,84A)".
(7)
Fees.
c.
Supervisory fee.
In lieu
			 of the words "(specify time period)", insert "one-half hour".
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 42 - Public Records and Fair Information Practices › Rule 871-42.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "the Department
				of Workforce Development, 1000 East Grand Avenue, Des Moines, Iowa
				50319".
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 42 - Public Records and Fair Information Practices › Rule 871-42.9 - Disclosure Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An open record is routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure of
			 a confidential record may occur without the consent of the subject. Following are
			 instances where disclosure, if lawful, will generally occur without consent of
			 the subject:
a. For a routine use as defined in
			 rule 42.10(22,84A).
b. To another
			 governmental agency or to an instrumentality of any governmental jurisdiction
			 within or under the control of the United States for a civil or criminal law
			 enforcement activity if the activity is authorized by law, and if an authorized
			 representative of such governmental 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.
c. To the legislative services agency under
			 Iowa Code section 2A.3.
d. Disclosure in the course of employee
			 disciplinary proceedings.
e. In
			 response to a court order or subpoena.
f. To the citizens' aide under Iowa Code
			 section 2C.9(3).
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 42 - Public Records and Fair Information Practices › Rule 871-42.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject, for a purpose which is compatible with the purpose for which the record
			 was collected. It includes disclosures required to be made by statute other than
			 the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the following
			 uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees, and
			 agents of the agency who have a need for the record in the performance of their
			 duties. The custodian of the record may upon request of any officer, employee,
			 and agent, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use a confidential record.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
c. Disclosure to the
			 department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. Disclosure to staff of federal and state
			 entities for audit purposes or for purposes of determining whether the agency is
			 operating a program lawfully.
Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 42 - Public Records and Fair Information Practices › Rule 871-42.11 - Release to a 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 a
			 confidential record about that person as provided in rule 42.6(22,84A). However,
			 the agency shall 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 when the information is authorized to be held confidential pursuant to
			 Iowa Code subsection 22.7(18)  or
			 other provision of law.
b. A record
			 need not be disclosed to the subject when it is the work product of an attorney
			 or is otherwise privileged.
c. A
			 peace officer's investigative report shall be withheld from the subject, except
			 as required by Iowa Code subsection
			 22.7(5).
d. As otherwise authorized by law.