Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 17 - Miscellaneous › Rule 751-17.3 - Transfer and Disposal of Assets

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commission may dispose of its
			 property under its ownership or control when it becomes unnecessary or unfit
			 for further use by the commission. The commission may dispose of unnecessary or
			 unfit property under its control by sale, auction, broker, trade, consignment
			 or any manner which the commission determines will fairly dispose of the
			 property. Proceeds from the disposition of the property will be retained by the
			 commission.
(2) Notice of the
			 disposition of unnecessary or unfit property will be noticed in a newspaper of
			 general circulation, trade journals or on the commission's home page on the
			 Internet. The commission will attempt to advertise its unnecessary or unfit
			 property on other home pages maintained by other state agencies.
(3) In the event of a purchase of unnecessary
			 or unfit property, payment for the unnecessary or unfit property shall be by
			 certified check, electronic funds transfer, or an irrevocable letter of credit
			 and must be in U.S. dollars. Any sale to an entity in a foreign country shall
			 be in conformance with the policies and procedures of the U.S. State
			 Department, the U.S. Department of Commerce and the U.S. Department of Defense.
			 Before title is transferred or the property is delivered, the commission must
			 receive good funds for the purchase of the property. Upon receipt of good
			 funds, the commission shall issue a bill of sale for the property and the item
			 or items of property will be removed from the commission's inventory. In the
			 event of a trade of property, the commission will issue a bill of sale
			 relinquishing ownership of its property upon receipt of the property exchanged.
			 The commission shall require the trader to provide a document transferring
			 ownership to the commission and the state of Iowa.
(4) Notwithstanding any contrary provision in
			 this chapter or these rules, and consistent with Iowa Code section
			 8D.12,
			 the commission may dispose of unnecessary or unfit property under its ownership
			 or control by sale, auction, broker, trade, consignment, gift, transfer, or any
			 manner in which the commission determines will fairly dispose of the property
			 to any branch of the government of the state of Iowa, any Iowa state agency, or
			 any institution under the control of the Iowa board of regents. Contrary
			 provisions of subrules 17.3(1) to 17.3(3) do not apply to the disposition of
			 property pursuant to this subrule. Dispositions pursuant to this subrule are
			 valid so long as the executive director of the Iowa communications network
			 determines that the transfer is in the best interests of the state of
			 Iowa.
(5) Notwithstanding any
			 contrary provision in this chapter or these rules, upon request by an
			 authorized user, the commission may procure, in accordance with all applicable
			 administrative rules and provisions of Iowa Code chapter 8D, any
			 telecommunications equipment, devices or services requested by or on behalf of
			 an authorized user. The commission may further transfer the title to, or
			 benefit of, the telecommunications equipment, devices or services to the
			 authorized user. The commission may accordingly bill the authorized user
			 through the commission's regular process for the telecommunications equipment,
			 devices or services or for the use of such telecommunications equipment,
			 devices or services. Nothing in this subrule shall permit the commission to
			 purchase or transfer title to Part III fiber as defined in Iowa Code section
			 8D.13(2)
"c"
unless such purchase or
			 transfer is authorized by Iowa Code chapter 8D or an Act of the legislature
			 approved by the governor.