reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Department records are open for public
				inspection and copying unless otherwise provided by current rule or
				law.
(2)
Confidential
				records.
The following records may be kept confidential. Records are
				listed by category, according to the legal basis for withholding them from
				public inspection.
a. Sealed bids received
				prior to the time set for public opening of bids. (Iowa Code section
				72.3
				);
b. Tax records made available to
				the agency. (Iowa Code sections
				422.17,
				422.20
				);
c. Minutes of closed meetings of
				a government body. (Iowa Code section
				21.5(4)
				);
d. Identifying details in final orders,
				decisions, and opinions to the extent required to prevent a clearly unwarranted
				invasion of personal privacy or trade secrets under Iowa Code section
				17A.3(1)
"d. "
e. Those portions of agency staff manuals,
				instructions, or other statements issued which set forth criteria or guidelines
				to be used by agency staff in auditing, in making inspections, in settling
				commercial disputes, or negotiating commercial arrangements, or in the
				selection or handling of cases, such as operational tactics or allowable
				tolerances or criteria for the defense, prosecution or settlement of cases,
				when disclosure of these statements would:
(1) Enable law violators to avoid
				detection;
(2) Facilitate disregard
				of requirements imposed by law; or
(3) Give a clearly improper advantage to
				persons who are in an adverse position to the agency. (Iowa Code sections
				17A.2,
				17A.3
				)
f. Records which
				constitute attorney work product, attorney-client communications, or which are
				otherwise privileged. Attorney work product is confidential under Iowa Code
				sections
				22.7(4),
				622.10
				and
				622.11, Iowa
				R.C.R 122(c), Fed. R. Civ. R 26(b)(3), and case law. Attorney-client
				communications are confidential under Iowa Code sections
				622.10
				and
				622.11, the rules
				of evidence, the Code of Professional Responsibility, and case law.
g. Other records made confidential by
				law.
h. Current Iowa Administrative
				Code, 291-5.1 (2),
"a"
through
"o";
5.1(5),
				5.1(6), 5.1(10), and 5.1(11).
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 5 - Public Records and Fair Information Practices › Rule 201-5.16 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
(1) Require the agency to index or retrieve
				records which contain information about individuals by that person's name or
				other personal identifier
(2) Make
				available to the general public records which would otherwise not be available
				under the public records law, Iowa Code chapter 22.
(3) Govern the maintenance or disclosure of,
				notification of, or access to, records in the possession of the agency which
				are governed by the regulations of another agency.
(4) Apply to grantees, including local
				governments or subdivisions thereof, administering state-funded programs,
				unless otherwise provided by law or agreement.
(5) Make available records compiled by the
				agency in reasonable anticipation of court litigation or formal administrative
				proceedings. The availability of such records to the general public or to any
				subject individual or party to such litigation or proceedings shall be governed
				by applicable legal and constitutional principles, rules of discovery,
				evidentiary privileges, and applicable regulations of the agency.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, a "waiver" means an action by
				  the department which suspends, in whole or in part, the requirements or
				  provisions of a rule as applied to an identified person on the basis of the
				  particular circumstances of that person.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				  uniform process for the granting of individual waivers from rules adopted by
				  the department in situations where no other more specifically applicable law
				  provides for waivers. To the extent another more specific provision of law
				  governs the issuance of a waiver from a particular rule, the more specific
				  provision shall supersede this chapter with respect to any waiver from that
				  rule.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The department may grant a waiver from a rule only if the
				  department has jurisdiction over the rule and the requested waiver is
				  consistent with applicable statutes, constitutional provisions, or other
				  provisions of law. The department may not waive requirements created or duties
				  imposed by statute.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				  201-7.6 (904), the department
				  may, in its sole discretion, issue an order waiving, in whole or in part, the
				  requirements of a rule if the department finds, based on clear and convincing
				  evidence, all of the following:
1. The
				application of the rule would impose an indue hardship on the person for whom
				the waiver is requested;
2. The
				waiver from the requirements of the rule in the specific case would not
				prejudice the substantial legal rights of any person;
3. The provisions of the rule subject to the
				petition for a waiver are not specifically mandated by statute or another
				provision of law; and
4.
				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 is requested.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				  department as follows:
(1)
Contested cases.
If the petition relates to a pending
				contested case, the petition shall be filed in the contested case proceeding
				using the caption of the contested case.
(2)
Other.
If the petition
				does not relate to a pending contested case, the petition may be submitted to
				the department's director
(3)
File petition. A
petition is deemed filed when it is received
				in the department's office. A petition should be sent to the Department of
				Corrections, Legal Services Division, 510 E. 12th Street, Des Moines, Iowa
				50309. The petition must conform to the form specified in rule
				201-7.17(904).
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				  where applicable and known to the requester:
1. The name, address, and telephone number of
				the entity or person for whom a waiver is requested; the case number of or
				other reference to any related contested case; and the name, address, and
				telephone number of the petitioner's legal representative, if any.
2. A description and citation of the specific
				rule from which a waiver is requested.
3. The specific waiver requested, including
				the precise scope and duration.
4.
				The relevant facts that the petitioner believes would justify a waiver under
				each of the four criteria described in rule 7.4(904). 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 that the petitioner
				believes will justify a waiver
5. A
				history of any prior contacts between the department and the petitioner
				relating to the regulated activity affected by the proposed waiver
6. Any information known to the requester
				regarding the department's action in similar cases.
7. The name, address, and telephone number of
				any public agency or political subdivision which also regulates the activity in
				question or which might be affected by the granting of a waiver
8. The name, address, and telephone number of
				any entity or person who would be adversely affected by the granting of a
				petition.
9. The name, address, and
				telephone number of any person with knowledge of the relevant facts relating to
				the proposed waiver.
10. Signed
				releases of information authorizing persons with knowledge regarding the
				request to furnish the department with information relevant to the
				waiver
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				  department may request additional information from the petitioner relative to
				  the petition and surrounding circumstances. If the petition was not filed in a
				  contested case, the department may, on its own motion or at the petitioner's
				  request, schedule a telephonic or in-person meeting between the petitioner and
				  the department's director or designee.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall acknowledge a petition upon receipt. The
				  department shall ensure that all persons to whom notice is required by any
				  provision of law, including the petitioner, receive notice, within 30 days of
				  the receipt of the petition, that the petition is pending and a concise summary
				  of its contents. In addition, the department may give notice to other persons.
				  To accomplish this notice provision, the department may require the petitioner
				  to serve the notice on all persons to whom notice is required by any provision
				  of law and provide a written statement to the department attesting that notice
				  has been provided.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				  17A.10
				  to
				  17A.18A
				  regarding contested case hearings shall apply to any petition for a waiver
				  filed within a contested case and shall otherwise apply to agency proceedings
				  for a waiver only when the department so provides by rule or order or is
				  required to do so by statute.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				  shall contain a reference to the particular person and rule or portion thereof
				  to which the order pertains, a statement of the relevant facts and reasons upon
				  which the action is based, and a description of the precise scope and duration
				  of the waiver if one is issued.
(1)
Department discretion.
The final decision on whether the
				circumstances justify the granting of a waiver shall be made at the sole
				discretion of the department upon consideration of all relevant factors. Each
				petition for a waiver shall be evaluated by the department based on the unique,
				individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
				convincing evidence that the department should exercise its discretion to grant
				a waiver from a department rule.
(3)
Narrowly tailored.
A
				waiver, if granted, shall provide the narrowest exception possible to the
				provisions of a rule.
(4)
Administrative deadlines.
When the rule from which a waiver is
				sought establishes administrative deadlines, the department shall balance the
				special individual circumstances of the petitioner with the overall goal of
				uniform treatment of all similarly situated persons.
(5)
Conditions.
The
				department may place on a waiver any condition that the department finds
				desirable to protect the public health, safety, and welfare.
(6)
Time period of waiver
A
				waiver shall not be permanent unless the petitioner can show that a temporary
				waiver would be impracticable. If a temporary waiver is granted, there is no
				automatic right to renewal. At the sole discretion of the department, a waiver
				may be renewed if the department finds that grounds for a waiver continue to
				exist.
(7)
Time for
				ruling.
The department shall grant or deny a petition for a waiver as
				soon as practicable but, in any event, shall do so within 120 days of its
				receipt, unless the petitioner agrees to a later date. However, if a petition
				is filed in a contested case, the department shall grant or deny the petition
				no later than the time at which the final decision in that contested case is
				issued.
(8)
When deemed
				denied.
Failure of the department to grant or deny a petition within
				the required time period shall be deemed a denial of that petition by the
				department. However, the department shall remain responsible for issuing an
				order denying a waiver
(9)
Service of order
Within seven days of its issuance, any order
				issued under this chapter shall be transmitted to the petitioner or the person
				to whom the order pertains, and to any other person entitled to such notice by
				any provision of law.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				  indexed, filed, and available for public inspection as provided in Iowa Code
				  section
				  17A.3.
				  Petitions for a waiver and orders granting or denying a waiver petition are
				  public records under Iowa Code chapter 22. Some petitions or orders may contain
				  information the department is authorized or required to keep confidential. The
				  department may accordingly redact confidential information from petitions or
				  orders prior to public inspection.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.12 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall submit information about granted and
				  denied waivers to the Internet site pursuant to Iowa Code section
				  17A.9A within 60 days.
				  The submission shall identify the rules for which a waiver has been granted or
				  denied, the number of times a waiver was granted or denied for each rule, a
				  citation to the statutory provisions implemented by these rules, and a general
				  summary of the reasons justifying the department's actions on waiver requests.
				  If practicable, the submission shall detail the extent to which the granting of
				  a waiver has affected the general applicability of the rule itself and the
				  extent to which the granting of the waiver has established a precedent for
				  additional waivers.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the department pursuant to this chapter
				  may be withdrawn, canceled, or modified if, after appropriate notice and
				  hearing, the department issues an order finding any of the following:
1. The petitioner or the person who was the
				subject of the waiver order withheld or misrepresented material facts relevant
				to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
				the public health, safety, and welfare will be adequately protected after
				issuance of the waiver order have been demonstrated to be insufficient;
				or
3. The subject of the waiver
				order has failed to comply with all conditions contained in the order
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated
				  as a violation of the particular rule for which the waiver was granted. As a
				  result, the recipient of a waiver under this chapter who violates a condition
				  of the waiver may be subject to the same remedies or penalties as a person who
				  violates the rule at issue.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the department issues an order granting a waiver, the
				  order is a defense within its terms and the specific facts indicated therein
				  only for the person to whom the order pertains in any proceeding in which the
				  rule in question is sought to be invoked.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.16 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the department's decision to grant or deny
				  a waiver petition may be taken in accordance with Iowa Code chapter
				  17A.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 7 - Waivers › Rule 201-7.17 - Sample Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver filed in accordance with this chapter
				  must meet the requirements specified herein and must substantially conform to
				  the following form:
Click here
				  to view Image
1. Provide
				the name, address, and telephone number of the petitioner (person asking for a
				waiver). Also provide the name, address, and telephone number of the
				petitioner's legal representative, if applicable, and a statement indicating
				the person to whom communications concerning the petition should be
				directed.
2. Describe and cite the
				specific rule from which a waiver is requested.
3. Describe the specific waiver requested,
				including the precise scope and time period for which the waiver will
				extend.
4. Explain the relevant
				facts and reasons that the petitioner believes justify a waiver Include in your
				answer all of the following:
* Why applying the rule would result in undue hardship to the
				  petitioner;
* Why waiving the rule would not prejudice the substantial
				  legal rights of any person;
* Whether the provisions of the rule subject to the waiver
				  are specifically mandated by statute or another provision of law; and
* How 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 is requested.
5. Provide a history of any prior contacts
				between the department and petitioner relating to the regulated activity that
				would be affected by the waiver.
6.
				Provide information known to the petitioner regarding the department's action
				in similar cases.
7. Provide the
				name, address, and telephone number of any public agency or political
				subdivision that also regulates the activity in question or that might be
				affected by the granting of the petition.
8. Provide the name, address, and telephone
				number of any person or entity that would be adversely affected by the granting
				of the waiver
9. Provide the name,
				address, and telephone number of any person with knowledge of the relevant
				facts relating to the proposed waiver
10. Provide signed releases of information
				authorizing persons with knowledge regarding the request to furnish the
				department with information relevant to the waiver.
I hereby attest to the accuracy and truthfulness of the above
				  information.
________________ ____
Petitioner's signature Date
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 10 - Rule Making › Rule 201-10.1 - Commencement of Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall give notice of its intention to adopt,
				  amend or repeal a rule by publishing the text of the proposed change, or a
				  summary of the issues and subject matter to be considered and the time, place
				  and manner in which interested persons may comment upon the proposal, in the
				  Iowa Administrative Bulletin. The notification shall state either the text of
				  the proposed rule or the subject matter of the proposed rule, a summary of
				  changes from the existing rule, if any, and the location and telephone number
				  where people may obtain the actual text. The notice shall also include the name
				  and address of a person to whom interested persons may present written views
				  and arguments, and the deadline by which these submissions may be
				  submitted.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 10 - Rule Making › Rule 201-10.2 - Exemption From Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
The department finds that policies, procedures and statements
				  which relate only to inmates of a penal institution shall be exempted from the
				  rule-making process as provided in Iowa Code section
				  17A.2(7)
"k"
Policies and procedures governing activities of incarcerated
				  inmates are located in the departmental manual and in institutional
				  manuals.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 10 - Rule Making › Rule 201-10.3 - Copies of Proposed Rules

Current through Register Vol. 47, No. 3, July 24, 2024
A trade or occupational association, which has registered its
				  name and address with the department of corrections, may receive, by mail,
				  copies of proposed rules. Registration of the association's name and address
				  with the department is accomplished by written notification to the Director of
				  Corrections, Department of Corrections, 510 East 12th Street, Des Moines, Iowa
				  50319. In the written notification, the association must designate the type of
				  proposed rules and the number of copies of each rule it wishes to receive. A
				  charge will be assessed pursuant to 201-subrule 5.3(7).
This rule does not prevent an association which has
				  registered with the department in accordance with this rule from changing its
				  designation of types of proposed rules or number of copies of proposed rules
				  which the association desires to receive. If an association makes such change
				  designation, it must do so by written notification to the director of
				  corrections.
This rule is intended to implement Iowa Code sections
				  17A.4
				  and 22.11.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 10 - Rule Making › Rule 201-10.4 - Oral Presentations

Current through Register Vol. 47, No. 3, July 24, 2024
When requested by the persons or groups enumerated in Iowa
				  Code section
				  17A.4(1)
"b, "
an opportunity for an
				  oral presentation shall be scheduled. The request must be received at the
				  department office within 20 days of the publication of the notice of intended
				  action and must identify the proposed rule subject to the request by ARC number
				  and by the specific citation to the proposed rule upon which presentations are
				  to be made. A separate request shall be made for proposed rule(s) under each
				  notice.
(1)
Notice.
When so requested under the provisions of this rule or in the director's
				discretion, the director shall schedule an opportunity for oral presentations
				by publishing a notice of the opportunity in the Iowa Administrative Bulletin,
				which shall refer to the ARC number and citation of the proposed rule, and
				which shall give the public not less than 20 days' notice of the date, time and
				place of the meeting. Additional notice shall be mailed to all persons who have
				requested the opportunity for an oral presentation and to the news media when
				requested.
(2)
Conduct of
				meetings.
The director or designee shall serve as the presiding
				officer at the meetings. At the commencement of the meeting, any person wishing
				to make an oral presentation shall advise the presiding officer of the person's
				name, address and affiliation.
a. At the
				commencement of the meeting the presiding officer shall give a brief synopsis
				of the proposed rule, a statement of the statutory authority and the reasons
				for the proposed rule. The presiding officer may limit individual presentations
				to five minutes each.
b. The
				presiding officer may open the floor to questions or general discussion to
				facilitate the exchange of information, but is not required to do so.
c. Persons who disrupt or obstruct the
				meeting either by their behavior or by the use of a camera or recording device
				beyond what is reasonably required to operate the camera or recording device
				shall be requested to cease such behavior or to cease using the camera or
				device. The presiding officer shall exclude any person who fails to comply with
				the request.
d. The presiding
				officer shall, when practical, receive all relevant physical and documentary
				evidence presented by witnesses. All such evidence becomes the property of the
				department.
e. A record shall be
				prepared consisting of the minutes or verbatim record, and all evidence
				submitted. The presiding officer shall then prepare a summary of the content of
				all comments received at the meeting. The summary, and when practical the
				entire record, shall be forwarded to the director for further
				consideration.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 10 - Rule Making › Rule 201-10.5 - Conferences or Consultation

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the required rule-making procedures, the
				  director or designee may obtain viewpoints or advice concerning proposed rule
				  making through informal conferences or consultation as the director or designee
				  may deem desirable.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 10 - Rule Making › Rule 201-10.6 - Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
At a regularly scheduled meeting held not less than 35 days
				  after the publication of notice, the board shall meet to consider final action
				  on the proposed rule. Once the proposed rule has been adopted by the board in
				  final form, it shall be made effective pursuant to the provisions of Iowa Code
				  section
				  17A.5.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 10 - Rule Making › Rule 201-10.7 - Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
If so requested by any interested person, pursuant to the
				  provisions of Iowa Code section
				  17A.4(1)
				   and upon adoption of any proposed rule, the
				  director shall prepare a statement of principal reasons for and against the
				  proposed rule, containing the reasons for overruling considerations urged
				  against the rule.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 10 - Rule Making › Rule 201-10.8 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for rule making shall be filed in the director's
				  office, Department of Corrections, 510 East 12th Street, Des Moines, Iowa
				  50319. The petition shall either be mailed certified, return receipt requested,
				  or may be delivered in person. An additional copy may be provided if the
				  petitioner wishes to retain a filed stamped copy of the petition. The petition
				  may be either typewritten or legibly printed in ink and must substantially
				  conform to the following form:
DEPARTMENT OF CORRECTIONS
510 EAST 12TH STREET
DES MOINES, IOWA 50319
Click here
				  to view Image
(Petition must state in separate numbered paragraphs)
1. Petitioner's name, address and telephone
				number.
2. The nature of
				petitioner's interest in the matter.
3. The text or substance of any requested
				rule adoption, amendment or repeal, including the text and citation for any
				current rule in effect.
4. The
				reasons for seeking the requested action, including any statute, rule, data,
				evidence or arguments which are relevant to the request. Copies of any statute,
				rule, evidence, etc., shall be attached to the petition.
_______________________
(Petitioner's Signature)
(1)
Procedure after petition is
				filed.
Upon filing of the petition, the director or designee shall
				inspect the petition to ensure substantial compliance with the recommended
				form. If the petition does not contain the text or substance of the proposed
				amendment or any reasons for the proposed amendment or fails to include copies
				of any cited statute, rule or evidence, the petition may be rejected and
				returned to the petitioner along with the reasons for the rejection. Petitioner
				may then correct the reasons for the rejection and refile the petition. A
				petition in substantial compliance with the recommended form shall be filed and
				stamped.
(2)
Department
				action.
Within 60 days of the filing of a petition, the director shall
				grant the petition and commence rule making, or deny the petition and notify
				the petitioner in writing of the grounds for the denial.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 11 - Declaratory Rulings › Rule 201-11.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
Any interested person may solicit oral or written advice from
				  the director concerning the application or interpretation of any statute or
				  administrative rule dealing with the department of corrections. However, unless
				  the request is made pursuant to Iowa Code section
				  17A.9,
				  petition for declaratory ruling, any such advice is not binding upon the
				  department. Petitioners for a declaratory ruling must have a real and direct
				  interest in a specific fact situation which may affect their legal rights,
				  duties or responsibilities under statutes or regulations administered by the
				  department.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 11 - Declaratory Rulings › Rule 201-11.2 - Petition for Declaratory Rulings

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a declaratory ruling shall be filed in the
				  director's office, Department of Corrections, 510 East 12th Street, Des Moines,
				  Iowa 50319. The petition shall either be mailed certified, return receipt
				  requested, or delivered in person. An additional copy may be provided if the
				  petitioner wishes to retain a filed stamped copy of the petition. The petition
				  shall be typewritten and must substantially conform to the following:
DEPARTMENT OF CORRECTIONS
510 EAST 12TH STREET
DES MOINES, IOWA 50319
Click here
				  to view Image
(Petition must state in separately numbered
				  paragraphs)
1. Petitioner's name,
				address and telephone number.
2. A
				clear, concise and complete statement of all relevant facts on which the ruling
				is requested.
3. A clear and
				concise statement of the controversy or uncertainty.
4. Reference to the statutory authority or
				rules in question, along with attached copies.
5. The reasons for prompting the petition and
				a full disclosure of petitioner's interest.
6. Whether petitioner is currently a party to
				a contested case, rule making or judicial proceeding involving the controversy
				or uncertainty.
7. The names and
				addresses, when known, of other persons who may be affected by the declaratory
				ruling.
___________________
(Petitioner's Signature)
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 11 - Declaratory Rulings › Rule 201-11.3 - Procedure After Petition Is Filed

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial review.
Upon
				filing of the petition, the director shall inspect the petition for substantial
				compliance with the recommended form, and may, in the director's discretion,
				reject a petition which fails to contain one or more of the required
				statements. The director may request that the petitioner provide additional
				facts or provide greater specificity and detail in the questions posed. A
				request shall be made within 5 days of the filing of the petition. If the
				requested information is not provided within 30 days of the receipt of the
				request, the petitioner will be deemed to have withdrawn the
				petition.
(2)
Declaratory
				ruling.
Within 30 days of the receipt of the petition or additional
				information, whichever is later, the director shall issue a declaratory ruling
				or decline to rule. Declination to rule may be based upon one or more of the
				following grounds:
a. The issue in question is
				currently involved in a rule making, contested case or judicial
				proceeding.
b. The petition does
				not contain sufficient facts to demonstrate that the petitioner will be
				aggrieved or adversely affected by failure to issue a declaratory
				ruling.
c. The petitioner presents
				issues or facts which are unclear, overbroad or otherwise inappropriate as a
				basis upon which to issue a declaratory ruling.
d. The petition indicates the petitioner
				seeks to obtain approval to engage in activities so borderline as to be of
				dubious legality, although perhaps marginally proper
e. The issue in question has been rendered
				moot by a change in circumstances, fact or law.
f.The issue in question depends upon peculiar
				facts which cannot be predicted or accurately described in advance.
g. Other good and sufficient reasons, which
				shall be detailed in writing.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.1 - Notice of Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
When the appropriate division director of the department of
				  corrections determines that an agency or facility accredited by the department
				  is not in compliance with state standards, or when an order of closure is
				  issued under 201-subrule 50.5(6), the appropriate administrator shall be
				  notified of the noncompliance status. The notice shall specify:
1. The statute(s) and any rule(s) alleged to
				have been violated.
2. The
				deficiencies cited.
3. The time
				period allowed for submission of an acceptable plan of compliance if submission
				of a plan is permitted.
The administrator of the facility or agency may submit the
				  plan of compliance within the appropriate time limitation or may request a
				  hearing pursuant to rule 12.3(17A).
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.2 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
The director or the respondent may request that an informal
				  conference be held to determine whether the noncompliance matter can be
				  resolved in a just manner in furtherance of the public interest. Neither the
				  director nor respondent is required to use this informal procedure. If the
				  director and respondent agree to negotiate a settlement, the various points of
				  the settlement, including a stipulated statement of facts, shall be set forth
				  in writing and shall be binding on both parties.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.3 - The Right to Request Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
A hearing shall be granted to any agency or facility
				  aggrieved by action of the department of corrections when the right to a
				  hearing is granted by the state or federal law or constitution except as
				  limited herein. A hearing will not be granted when a state or federal law or
				  regulation provides for a different forum for appeals. A prematurely filed
				  appeal may be dismissed.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.4 - Order for Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Upon a determination that a plan of compliance is not
				  sufficient to effectuate compliance, or upon request by the agency or facility
				  pursuant to rule 12.3(17A), the department shall issue an order fixing the time
				  and place for hearing. A written notice of hearing together with a statement of
				  the charges shall be mailed to the administrator of the agency or facility at
				  the business address at least ten days prior to the hearing by certified mail
				  with return receipt requested or may be served as in the manner of original
				  notices. Delivery of personal notice to the agency or facility or refusal by
				  the agency or facility to accept certified mailing may constitute commencement
				  of the contested case proceedings.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.5 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
The notice of hearing shall state:
(1) The date, time and place of
				hearing.
(2) A statement that the
				party may be represented by legal counsel at all stages.
(3) A statement of the legal authority and
				jurisdiction under which the hearing is to be held.
(4) A reference to the statutes and rules
				involved.
(5) A short and simple
				statement of the deficiencies cited.
(6) A statement that the respondent has the
				right to appear at a hearing and be heard.
(7) A statement requiring the respondent to
				submit an answer, as outlined in rule 12.6(17A).
(8) A statement requiring the respondent
				within the period of five days after the receipt of the notice of hearing to:
a. Acknowledge receipt of the notice of
				hearing on the form provided with the notice.
b. State whether the respondent requests a
				change in the date and time of hearing.
c. Furnish the director with a list of
				potential witnesses and their current addresses which the respondent intends to
				have called. The department of corrections shall not pay witness
				expenses.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.6 - Form of Answer

Current through Register Vol. 47, No. 3, July 24, 2024
The answer shall be captioned "BEFORE THE IOWA DEPARTMENT OF
				  CORRECTIONS", and shall be titled: "ANSWER". The answer shall contain the
				  following information:
1. The name,
				address and telephone number of the respondent.
2. Specific statements regarding any or all
				areas of noncompliance which shall be in the form of admissions, denials,
				explanations, remarks or statements of mitigating circumstances.
3. Any additional facts or information the
				respondent deems relative to the issue at hand and which may be of assistance
				in the ultimate determination of the case.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.7 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
A party has no automatic right to a continuance or delay of
				  the hearing procedure or schedule. However, a party may request a continuance
				  no later than ten days prior to the date set for hearing. Within ten days of
				  the date set for hearing, no continuance shall be granted except for
				  extraordinary, extenuating or emergency circumstances. The administrative law
				  judge shall have power to grant or deny request for
				  continuances.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.8 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
The administrative law judge, either on the administrative
				  law judge's own motion or at the request of the respondent, may hold a
				  prehearing conference. The prehearing conference shall be for the purpose of
				  identifying and premarking exhibits and other documents as well as determining
				  stipulations or other means of limiting the issues of the hearing. Neither the
				  department nor respondent shall be required to stipulate to any issues. The
				  prehearing conference, if held, may be done through a telephone conference
				  call, with all parties being involved.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.9 - Appearance

Current through Register Vol. 47, No. 3, July 24, 2024
The administrator of the agency or facility shall have the
				  right to appear in person and have legal counsel before the administrative law
				  judge at the facility or agency administrator's expense.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.10 - Subpoena Powers

Current through Register Vol. 47, No. 3, July 24, 2024
After service of the notice of hearing, the following
				  procedures are available to the parties:
1. Subpoenas for persons, books, papers,
				records and other real evidence shall be issued to a party or for a party upon
				request. Applications should be made to the director and the director shall
				issue all subpoenas for both parties upon request.
2. Discovery procedures applicable to civil
				actions are available to the parties in proceedings under these
				rules.
3. Evidence obtained by
				subpoena or through discovery shall be admissible at the hearing under rule
				12.16(17A) or by statute.
4. The
				evidence outlined in Iowa Code section
				17A.13(2)
				 where applicable and relevant may be
				available to a party upon request.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.11 - Refusal to Obey Subpoena

Current through Register Vol. 47, No. 3, July 24, 2024
In the event of a refusal to obey a subpoena, the director
				  may petition the district court for its enforcement.
The administrative law judge may also administer oaths and
				  affirmations, take or order that depositions be taken and grant immunity to a
				  witness from disciplinary procedures initiated by the director which might
				  otherwise result from the testimony to be given by the
				  witness.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.12 - Failure of a Respondent to Appear

Current through Register Vol. 47, No. 3, July 24, 2024
If a respondent, upon whom a proper notice of hearing has
				  been served, fails to appear in person at the hearing, the administrative law
				  judge may proceed to conduct the hearing and the respondent shall be bound by
				  the results of such hearing to the same extent as if the respondent were
				  present.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.13 - Record of Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
Oral proceedings shall be recorded either by mechanical or
				  electrical means, or by certified shorthand reporters. Oral proceedings or any
				  part thereof shall be transcribed at the request of any party at the expense of
				  the requesting party. The recording or the stenographic notes of oral
				  proceedings or the transcription thereof shall be filed and maintained in
				  accordance with the provisions of Iowa Code section 17A. 12(7). Any party to a
				  proceeding may record at the party's own expense, stenographically or
				  electronically, any portion or all of the proceedings.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.14 - Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
A hearing may be conducted before an administrative law judge
				  in accordance with Iowa Code section
				  17A.11.
				  The administrative law judge shall be in control of the proceedings and shall
				  have the authority to administer oaths, to admit or exclude testimony or other
				  evidence and to rule on all motions and objections. The administrative law
				  judge has the right to conduct a direct examination of the testimony of a
				  witness at the time the testimony is given or at a later stage during the
				  proceeding. Direct examination and cross-examination by the administrative law
				  judge are subject to objections properly raised in accordance with the rules of
				  evidence noted in subrules 12.16(1) and 12.16(2).