reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.13 - Authority Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The
			 authority shall maintain an official rule-making record for each rule it
			 proposes by publication in the Iowa Administrative Bulletin of a Notice of
			 Intended Action, or adopts. The rule-making record and materials incorporated
			 by reference must be available for public inspection.
(2)
Contents.
The authority
			 rule-making record shall contain:
a. Copies
			 of all publications in the Iowa Administrative Bulletin with respect to the
			 rule or the proceeding upon which the rule is based and any file-stamped copies
			 of authority submissions to the administrative rules coordinator concerning
			 that rule or the proceeding upon which it is based;
b. Copies of any portions of the authority's
			 public rule-making docket containing entries relating to the rule or the
			 proceeding upon which the rule is based;
c. All written petitions, requests, and
			 submissions received by the authority, and all other written materials of a
			 factual nature as distinguished from opinion that are relevant to the merits of
			 the rule and that were created or compiled by the authority and considered by
			 the authority, in connection with the formulation, proposal, or adoption of the
			 rule or the proceeding upon which the rule is based, except to the extent the
			 authority is authorized by law to keep them confidential; provided, however,
			 that when any such materials are deleted because they are authorized by law to
			 be kept confidential, the authority shall identify in the record the particular
			 materials deleted and state the reasons for that deletion;
d. Any official transcript of oral
			 presentations made in the proceeding upon which the rule is based or, if not
			 transcribed, the stenographic record or electronic recording of those
			 presentations, and any memorandum prepared by a presiding officer summarizing
			 the contents of those presentations;
e. A copy of any regulatory analysis or
			 fiscal impact statement prepared for the proceeding upon which the rule is
			 based;
f.A copy of the rule and any
			 concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
			 suspension of the rule;
h. A copy
			 of any objection to the issuance of that rule without public notice and
			 participation that was filed pursuant to Iowa Code section
			 17A.4(2)
			  by the administrative rules review
			 committee, the governor, or the attorney general;
i. A copy of any objection to the rule filed
			 by the administrative rules review committee, the governor, or the attorney
			 general pursuant to Iowa Code section
			 17A.4(4),
			 and any authority response to that objection;
j. A copy of any significant written
			 criticism of the rule, including a summary of any petitions for waiver of the
			 rule; and
k. A copy of any
			 executive order concerning the rule.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The authority shall file each rule it adopts in the office of
				the administrative rules coordinator The filing must be executed as soon after
				adoption of the rule as is practicable. At the time of filing, each rule must
				have attached to it any fiscal impact statement and any concise statement of
				reasons that was issued with respect to that rule. If a fiscal impact statement
				or statement of reasons for that rule was not issued until a time subsequent to
				the filing of that rule, the note or statement must be attached to the filed
				rule within five working days after the note or statement is issued. In filing
				a rule, the authority shall use the standard form prescribed by the
				administrative rules coordinator
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The authority
			 may make a rule effective after its filing at any stated time prior to 35 days
			 after its indexing and publication in the Iowa Administrative Bulletin if it
			 finds that a statute so provides, the rule confers a benefit or removes a
			 restriction on some segment of the public, or that the effective date of the
			 rule is necessary to avoid imminent peril to the public health, safety, or
			 welfare. The authority shall incorporate the required finding and a brief
			 statement of its supporting reasons in each rule adopted in reliance upon this
			 subrule.
(2)
Special
			 notice.
When the authority makes a rule effective prior to its
			 indexing and publication in reliance upon the provisions of Iowa Code
			 section
17 A.5(2) "b "(3),
the authority shall employ all
			 reasonable efforts to make its contents known to the persons who may be
			 affected by that rule prior to the rule's indexing and publication. The term
			 "all reasonable efforts" requires the authority to employ the most effective
			 and prompt means of notice rationally calculated to inform potentially affected
			 parties of the effectiveness of the rule that is justified and practical under
			 the circumstances considering the various alternatives available for this
			 purpose, the comparative costs to the authority of utilizing each of those
			 alternatives, and the harm suffered by affected persons from any lack of notice
			 concerning the contents of the rule prior to its indexing and publication. The
			 means that may be used for providing notice of such rules prior to their
			 indexing and publication include, but are not limited to, any one or more of
			 the following means: radio, newspaper, television, signs, mail, telephone,
			 personal notice or electronic means.
A rule made effective prior to its indexing and publication, in
				reliance upon the provisions of Iowa Code section 17A.5(2)
"b
"(3), shall include in that rule a statement describing the reasonable efforts
				that will be used to comply with the requirements of subrule
				17.15(2).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public
			 inspection.
The authority shall maintain an official, current, and
			 dated compilation that is indexed by subject, containing all of its general
			 statements of policy within the scope of Iowa Code section
			 17A.2(10)
"a, " "c, " "f, " "g, " "h, " "k.
			 "
Each addition to, change in, or deletion from the official
			 compilation must also be dated, indexed, and a record thereof kept. Except for
			 those portions containing rules governed by Iowa Code section
			 17A.2(10)
"f,"
or otherwise
			 authorized by law to be kept confidential, the compilation must be made
			 available for public inspection and copying.
(2)
Enforcement of requirements.
			 A
general statement of policy subject to the requirements of this
			 subsection shall not be relied on by the authority to the detriment of any
			 person who does not have actual, timely knowledge of the contents of the
			 statement until the requirements of subrule 17.16(1) are satisfied. This
			 provision is inapplicable to the extent necessary to avoid imminent peril to
			 the public health, safety, or welfare.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.17 - Review by Authority of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any interested person, association,
			 agency, or political subdivision may submit a written request to the
			 administrative rules coordinator requesting the authority to conduct a formal
			 review of a specified rule. Upon approval of that request by the administrative
			 rules coordinator, the authority shall conduct a formal review of a specified
			 rule to determine whether a new rule should be adopted instead or the rule
			 should be amended or repealed. The authority may refuse to conduct a review if
			 it has conducted such a review of the specified rule within five years prior to
			 the filing of the written request.
(2) In conducting the formal review, the
			 authority shall prepare within a reasonable time a written report summarizing
			 its findings, its supporting reasons, and any proposed course of action. The
			 report must include a concise statement of the authority's findings regarding
			 the rule's effectiveness in achieving its objectives, including a summary of
			 any available supporting data. The report shall also concisely describe
			 significant written criticisms of the rule received during the previous five
			 years, including a summary of any petitions for waiver of the rule received by
			 the authority or granted by the authority. The report shall describe
			 alternative solutions to resolve the criticisms of the rule, the reasons any
			 were rejected, and any changes made in the rule in response to the criticisms
			 as well as the reasons for the changes. A copy of the authority's report shall
			 be sent to the administrative rules review committee and the administrative
			 rules coordinator The report must also be available for public
			 inspection.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following words and phrases, when used in this chapter,
				shall have the meanings set forth below unless a meaning is inconsistent with
				the manifest intent or the context of a particular rule:
"Authority"
means the Iowa finance authority
				whose powers are exercised by a board of nine voting members appointed by the
				governor pursuant to Iowa Code section 16.2.
"Executive director"
means the executive
				director of the authority appointed by the governor pursuant to Iowa Code
				section 16.6, or the executive director's designee.
"Person"
means an individual, corporation,
				limited liability company, government or governmental subdivision or agency,
				business trust, trust, partnership or association, or any legal entity.
"Waiver"
means an action by the authority
				which suspends in whole or in part the requirements or provisions of a rule as
				applied to a person on the basis of the particular circumstances of that
				person.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.2 - Scope

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 authority 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 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.3 - Applicability of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The authority may grant a waiver from a rule only if the
				authority has jurisdiction over the rule and the requested waiver is consistent
				with applicable statutes, constitutional provisions, or other provisions of
				law. The authority may not waive requirements created or duties imposed by
				statute.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				265-18.6(17A,16), the authority may in its sole discretion issue an order
				waiving in whole or in part the requirements of a rule if the authority finds,
				based on clear and convincing evidence, all of the following:
1. The application of the rule would impose
			 an undue 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.
In determining whether a waiver should be granted, the
				authority shall consider the public interest, policies and legislative intent
				of the statute on which the rule is based.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.5 - 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
				authority 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. A copy of the request shall also be
			 served on all parties to the contested case proceeding.
(2)
Other.
If the petition
			 does not relate to a pending contested case, the petition may be submitted to
			 the attention of the executive director of the Iowa finance authority at the
			 address set forth in rule
			 265-1.3 (16).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.6 - 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 (for an example of a petition for
				waiver, see Exhibit A at the end of this chapter):
1. The name, address, and telephone number of
			 the person for whom a waiver is being requested and the case number of any
			 related contested case.
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 265-18.4 (17A,16). 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 authority and the petitioner relating to the regulated
			 activity or license affected by the proposed waiver, including a description of
			 each affected license held by the requester, any notices of violation,
			 contested case hearings, or investigative reports relating to the regulated
			 activity or license within the last five years.
6. Any information known to the requester
			 regarding the authority's treatment of 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 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 authority with information relevant to the
			 waiver.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				executive director 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 executive director may schedule a telephonic or
				in-person meeting between the petitioner and the authority's executive
				director, or authority staff.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The executive director shall acknowledge a petition upon
				receipt. The executive director shall ensure that, within 30 days of the
				receipt of the petition, notice of the pendency of the petition and a concise
				summary of its contents have been provided to all persons to whom notice is
				required by any provision of law. In addition, the executive director may give
				notice to other persons. To accomplish this notice provision, the executive
				director 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 executive director attesting that notice has been
				provided.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10
				through
				17A.18A
				regarding contested case hearings shall apply to any petition for a waiver
				filed within a contested case. These provisions shall otherwise apply to agency
				proceedings for a waiver only when the authority so provides by rule or order
				or is required to do so by statute.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.11 - 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 authority is authorized or required to keep confidential. The
				authority may accordingly redact confidential information from petitions or
				orders prior to public inspection.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.12 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of granting or denying a waiver, the authority
				shall make a submission on the Internet site established pursuant to Iowa Code
				section 17A.9A for the submission of waiver information. 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 authority's actions on waiver requests. If practicable, the
				report shall detail the extent to which granting a waiver has established a
				precedent for additional waivers and the extent to which the granting of a
				waiver has affected the general applicability of the rule
				itself.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.13 - Voiding or Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver is void if the material facts upon which the petition
				is based are not true or if material facts have been withheld. A waiver issued
				by the authority pursuant to this chapter may be withdrawn, canceled, or
				modified if, after appropriate notice and hearing, the authority issues an
				order finding any of the following:
1.
			 That 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.
			 That 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. That the subject of the waiver order has
			 failed to comply with all conditions contained in the order.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.14 - 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 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the authority issues an order granting a waiver, the
				order is a defense within its terms and the specific facts indicated therein
				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 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.16 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Granting or denying a waiver petition is final agency action
				under Iowa Code chapter 17A. Any petition for judicial review by the district
				court shall be filed within 30 days of the issuance of the order in response to
				the petition unless a different time is provided by rule or
				statute.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 19 - State Housing Trust Fund › Rule 265-19.1 - Trust Fund Allocation Plans

Current through Register Vol. 47, No. 3, July 24, 2024
The trust fund allocation plan entitled Iowa Finance Authority State
				Housing Trust Fund Allocation Plan for the Local Housing Trust Fund Program dated
				September 2021 shall be the allocation plan for the award, pursuant to the local
				housing trust fund program, of funds held within the state housing trust fund
				established in Iowa Code section 16.181. The trust fund allocation plan entitled
				Iowa Finance Authority State Housing Trust Fund Allocation Plan for the
				Project-Based Housing Program dated June 2009 shall be the allocation plan for the
				distribution, pursuant to the project-based housing program, of funds held within
				the state housing trust fund. The trust fund allocation plans for the local housing
				trust fund program and the project-based housing program include the plans,
				applications, and application instructions. The trust fund allocation plans for the
				local housing trust fund program and the project-based housing program are
				incorporated by reference pursuant to Iowa Code section 17A.6 and 265-subrules
				17.4(2) and 17.12(2).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 19 - State Housing Trust Fund › Rule 265-19.2 - Location of Copies of the Plans

Current through Register Vol. 47, No. 3, July 24, 2024
The trust fund allocation plans for the local housing trust fund
				program and the project-based housing program may be reviewed and copied in their
				entirety on the authority's website at
www.iowafinance.com
. Copies of the trust fund
				allocation plans for the local housing trust fund program and the project-based
				housing program shall be deposited with the administrative rules coordinator and at
				the state law library. The plans incorporate by reference Iowa Code section
				16.181.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 20 - Senior Living Revolving Loan Program › Rule 265-20.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Through its senior living revolving loan program (program), the
				authority seeks to assist in the development of affordable assisted living and
				service-enriched affordable housing for seniors and persons with disabilities.
				This chapter implements 2004 Iowa Acts, Senate File 2298, section 170, which
				adds Iowa Code section
				16.182 to the
				authority's enabling statute and furthers the goal of the senior living program
				as specified in Iowa Code section
				249H.2.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 20 - Senior Living Revolving Loan Program › Rule 265-20.2 - Priority of Loan Awards

Current through Register Vol. 47, No. 3, July 24, 2024
It is the authority's intent to award loans under the program
				to those applicants that meet all of the requirements of this chapter and
				satisfy all threshold and underwriting requirements of the applicable qualified
				allocation plan adopted by the authority pursuant to 265 lAC 12.1(16). The
				authority intends to award the available funds under this program each year if
				applicants meet all applicable requirements; provided, however, that the
				authority may allocate funds available between affordable assisted living and
				service-enriched housing in the manner it deems most appropriate. For example,
				the authority may choose to allocate 80 percent of available funds under the
				program to affordable assisted living housing and 20 percent to
				service-enriched housing. The authority will announce its expected allocation
				of funds prior to each tax credit application deadline. To the extent that
				sufficient funds are not available to fully fund all applications, taking into
				consideration the authority's allocation of funds as described above, loans
				under this program will be funded in the following order of priority:
1. Applicants awarded tax credits under the
			 affordable assisted living set-aside;
2. Applicants awarded tax credits under the
			 service-enriched set-aside; and
3.
			 Applicants awarded tax credits outside of a set-aside.
Applicants within a set-aside will compete based on points
				awarded under the qualified allocation plan.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 20 - Senior Living Revolving Loan Program › Rule 265-20.3 - Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
Applications will be reviewed as part of an annual competition.
				Applications must be submitted in conjunction with the applicant's application
				for low-income housing tax credits, as set forth in the applicable qualified
				allocation plan. Once funds have been allocated, the authority will not accept
				for review any applications seeking funding until the next low-income housing
				tax credit application deadline. Applications for assistance under this program
				must be made on forms and in the manner provided by the authority. Inquiries
				with respect to this program should be made to those persons identified on the
				authority's Web site at
www.iowafinanceauthority.gov
as
				contacts for this program.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 20 - Senior Living Revolving Loan Program › Rule 265-20.4 - Program Guidelines

Current through Register Vol. 47, No. 3, July 24, 2024
For-profit and nonprofit sponsors are eligible to apply for
				assistance under this program based on the following program guidelines:
(1) Projects eligible for assistance must
			 meet the following criteria:
a. Projects must
			 be developed using low-income housing tax credits.
b. Applicants must satisfy all of the
			 requirements of the applicable qualified allocation plan, including the plan,
			 application and application instructions, all applicable attachments and
			 exhibits, and applicable provisions of the Internal Revenue Code and the
			 accompanying Treasury regulations.
c. Assistance provided under this program
			 must enable the project to maintain financial feasibility and affordability for
			 at least the term of the assistance.
d. Operating and replacement reserve funds
			 must be adequately funded in the amounts required by the applicable qualified
			 allocation plan.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 20 - Senior Living Revolving Loan Program › Rule 265-20.5 - Authority Analysis of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Authority staff will analyze and underwrite each potential
				project and will make recommendations for funding assistance to the board of
				the authority. Authority staff will use such procedures and processes in its
				underwriting and analysis as it deems necessary and appropriate in connection
				with furthering the purposes of this program. In addition, the authority
				anticipates that, because of the complex nature of each transaction and the
				particular set of circumstances attributable to each particular
				application/transaction, the terms and conditions of loans will vary from
				project to project. The authority will make available its general operating
				procedures and guidelines for this program.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 20 - Senior Living Revolving Loan Program › Rule 265-20.7 - Closing/advance of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
If all requirements of the authority are not met in accordance
				with any time frames set by the authority and to the complete satisfaction of
				the authority, all in the sole discretion of the authority, the authority may
				determine to cease work on an approved project and, accordingly, not advance
				any funds for such project.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 21 - Home and Community-based Services Revolving Loan Program › Rule 265-21.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Through its home and community-based services revolving loan
				program (program), the authority seeks to assist in the development and
				expansion of specific community-based services (adult day services, respite
				services, congregate meals, health and wellness, health screening, and
				nutritional assessments) that will allow older persons of low income to remain
				in their homes. This chapter implements Iowa Code section
				16.183 as amended by
				2006 Iowa Acts, House File 2734, section 34, and furthers the goals specified
				in Iowa Code section
				231.3.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 21 - Home and Community-based Services Revolving Loan Program › Rule 265-21.2 - Available Funds

Current through Register Vol. 47, No. 3, July 24, 2024
The authority anticipates that it will, at least annually,
				publicize the approximate amount of funds available under this program for the
				applicable fiscal year on the authority's Web site at
www.iowafinanceauthority.gov.
Any
				unallocated or recovered funds, or payments of interest and principal, or any
				combination thereof, may be awarded or may be carried over to the next year's
				cycle of loans at the discretion of the authority.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 21 - Home and Community-based Services Revolving Loan Program › Rule 265-21.3 - Intent of the Authority

Current through Register Vol. 47, No. 3, July 24, 2024
It is the authority's intent to allow maximum discretion and
				flexibility to be used by those applying for assistance under this program, and
				to allow discretion and flexibility to be used by the authority in its analysis
				and awarding of assistance under this program. It is the position of the
				authority that such discretion and flexibility are essential to structuring
				transactions that will serve to develop and expand facilities and
				infrastructure that provide adult day services, respite services, congregate
				meals, and programming space for health and wellness, health screening, and
				nutritional assessments that address the needs of persons with low incomes in a
				manner that best serves the citizens of the state.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 21 - Home and Community-based Services Revolving Loan Program › Rule 265-21.4 - Application Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for assistance under this program must be made on
				forms and in the manner provided by the authority. Inquiries with respect to
				this program should be made to those persons identified on the authority's Web
				site as contacts for this program. Once contacted with an inquiry, the
				authority will send an application package to the potential applicant. In the
				event it becomes necessary to amend the application, the authority will post
				the amended version of the application on its Web site. The authority will take
				such applications from time to time and will analyze and award loans to
				applicants on an ongoing basis, beginning on or after December 6,2004. It is
				the position of the authority that such flexibility in taking and reviewing
				applications and making awards will best serve to develop and expand facilities
				and infrastructure that provide adult day services, respite services, and
				congregate meals that address the needs of persons with low incomes in the
				state.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 21 - Home and Community-based Services Revolving Loan Program › Rule 265-21.5 - Program Guidelines

Current through Register Vol. 47, No. 3, July 24, 2024
For-profit and nonprofit sponsors are eligible to apply for
				assistance under this program based on the following program guidelines:
(1) Projects eligible for assistance must
			 meet the following criteria:
a. In the case of
			 adult day services, the project must:
(1) Set
			 aside 40 percent of the admissions for those with incomes at or below 40
			 percent of area median income (AMI) for the county in which the property is
			 located;
(2) Establish a service
			 fee that is affordable to those with incomes at or below 40 percent of AMI for
			 the county in which the property is located, or agree to adjust fees based on a
			 person's ability to pay;
(3) Accept
			 third-party reimbursement, including Medicaid 1915(c) waiver(s), and meet the
			 standards set forth in 441-Chapter 77; and
(4) Become and remain certified as an adult
			 day services provider, as set forth in 321-Chapter 24.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 21 - Home and Community-based Services Revolving Loan Program › Rule 265-21.6 - Authority Analysis of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Authority staff, in cooperation with the department of elder
				affairs staff, will analyze and underwrite each potential project and will make
				recommendations for funding assistance to the board of the authority. Authority
				staff will use such procedures and processes in its underwriting and analysis
				as it deems necessary and appropriate in connection with furthering the
				purposes of this program. In addition, the authority anticipates that, because
				of the complex nature of each transaction, and the particular set of
				circumstances attributable to each particular application/transaction, the
				terms and conditions of loans may vary from project to project. The authority
				will make available its general operating procedures and guidelines for this
				program.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 21 - Home and Community-based Services Revolving Loan Program › Rule 265-21.8 - Closing/advance of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
If all requirements of the authority are not met in accordance
				with any time frames set by the authority and to the complete satisfaction of
				the authority, all in the sole discretion of the authority, the authority may
				determine to cease work on an approved project and, accordingly, not advance
				any funds for such project.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Through the Iowa aftercare services rent subsidy program
				(program), the authority, working with the department of human services, seeks
				to assist youth who are participating in the department of human services'
				program of aftercare services for former foster care recipients. The program
				also includes a transitional apartment subsidy for agencies that provide
				housing and life skills training for these youth.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Aftercare services "
means activities
				established in an individualized service plan developed with a self-sufficiency
				advocate which complement the youth's own efforts in achieving
				self-sufficiency, such as linking to appropriate community resources and having
				a safe and stable place to live.
"Authority"
means the Iowa finance
				authority.
"Organization "
means a contractor or
				subcontractor of the department of human services' program of aftercare
				services.
"Rental unit"
means an apartment, mobile home,
				or private room for which a signed, written lease exists and which is governed
				by Iowa Code chapter 562A.
"Self-sufficiency advocate"
means an employee
				of the organization, designated by the organization as a case manager to assist
				youth.
"Transitional apartment"
means a rental unit,
				rented by the organization to the youth and used to provide housing and life
				skills training required to assist the youth to recognize and accept the
				personal responsibility related to being a renter
"Youth "
means a person at least 18 but not
				yet 21 years of age who has left foster care on or after the person's
				eighteenth birthday, and who is participating in the program of aftercare
				services.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.3 - Eligibility Requirements for Direct Rent Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
All of the following criteria shall be met.
(1)
Aftercare services
			 participant.
The youth shall be an active participant in aftercare
			 services, making progress toward an identified goal of obtaining or maintaining
			 stable housing.
(2)
Demonstrated need.
To demonstrate need, the youth must provide
			 evidence that the youth is responsible for paying more than 30 percent of the
			 youth's gross earned and unearned income for rent and that the youth cannot
			 obtain other rental assistance because the youth has been determined ineligible
			 or is on a waiting list for rent subsidy under the U.S. Department of Housing
			 and Urban Development (HUD) or any other available rent subsidy program or
			 because a waiting list for the HUD rent subsidy program or any other rent
			 subsidy program is closed. This program may not be used to substitute for any
			 other subsidy that the youth had been receiving at the time of or immediately
			 prior to the time of application to this program. Youth receiving rental
			 assistance at the time of or immediately prior to the time of application to
			 this program shall not be eligible.
(3)
Education on renter rights and
			 responsibilities.
To demonstrate that the youth understands the rights
			 and responsibilities of being a renter, the youth must have either lived in a
			 transitional apartment, completed a renter education and awareness program, be
			 enrolled to participate or be currently participating in a renter education and
			 awareness program.
(4)
Budget.
The youth must submit a budget that demonstrates that
			 the subsidy, when combined with the youth's gross earned and unearned income,
			 will enable the youth to cover all remaining living expenses (i.e., housing,
			 utilities, clothing, and food).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.4 - Application for Direct Rent Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for the program may be obtained on the authority's
				Web site at
www.iowafinanceauthority.gov
or by
				contacting the authority at the address set forth in 265-Chapter 1.
(1)
Application process.
The
			 application for aftercare rent subsidy and a monthly budget form must be
			 completed, verified by the self-sufficiency advocate and submitted to the
			 authority by the youth's self-sufficiency advocate. The application and
			 referenced forms will require the following information:
a. The youth's estimated monthly gross earned
			 and unearned income for the 12 months following application.
b. Written evidence from sources of local
			 rental assistance available in the youth's community that the youth has applied
			 for that rental assistance and that the youth has been determined ineligible or
			 placed on a waiting list for that rental assistance, or that the waiting list
			 is closed.
c. The amount of the
			 total rent for the rental unit.
d.
			 Number of bedrooms in the rental unit.
e. Names of the people who are on, or will be
			 on, the lease.
f. Number of the
			 youth's minor dependents.
g.
			 Evidence that the youth has lived in a transitional apartment, completed a
			 renter education and awareness program, or is enrolled to participate or is
			 currently participating in a renter education and awareness program.
h. Date of the youth's birth.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.5 - Amount of Rent Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Use of subsidy.
Assistance shall be used for rental expense
			 directly related to the youth's lease of a rental unit. The monthly payment
			 shall be for a rental unit with one bedroom or a proportionate share of rental
			 costs in units containing more than one bedroom. An exception for additional
			 bedrooms will be made for minor dependents residing in the rental
			 unit.
(2)
Subsidy
			 amount.
The subsidy amount is the difference, not to exceed $350,
			 between:
a. The lesser of the actual rent or
			 fair market rent under guidelines of the applicable HUD low-rent housing
			 program in the county where the youth's residence is located, and
b. Thirty percent of the youth's monthly
			 gross earned and unearned income.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.6 - Redetermination of Direct Rent Subsidy Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of completion.
A
			 redetermination of eligibility for direct rent subsidy payments shall be
			 completed:
a. At least once every 12
			 months.
b. When a change in
			 circumstances occurs that affects eligibility requirements of rule
			 265-22.3
			 (16, PL 106-169).
c. If the youth
			 moves from the rental unit stated on the application.
d. When there is a change in
			 income.
e. When there is a change
			 in the names of the people on the lease or number of minor
			 dependents.
f.When there is an
			 unapproved person residing in the rental unit.
g. If the youth fails to complete the renter
			 education and awareness program within the time period stated in the
			 application.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.7 - Termination of Rent Subsidy Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reasons for termination.
The rent subsidy shall terminate at the end of the month in which any of the
			 following occurs, and a notice shall be sent to the self-sufficiency advocate
			 which states the reason for the termination:
a. The youth does not meet one or more of the
			 eligibility criteria listed in rule
			 265-22.3
			 (16, PL 106-169).
b. The youth
			 does not meet the youth's obligations and personal responsibility as a renter,
			 as determined by the youth's self-sufficiency advocate.
c. No additional uncommitted funds are
			 available for the rent subsidy program.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.8 - Eligibility Requirements for Transitional Apartment Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
All of the following criteria shall be met:
(1) The participating organization shall be a
			 contractor or subcontractor of the department of human services' program of
			 aftercare services.
(2) The
			 organization shall submit a statement to the authority that the transitional
			 apartment will be used to provide housing and life skills training to assist
			 youth to recognize and accept their personal responsibility related to being a
			 renter
(3) The organization will
			 lease or sublease the apartment to qualified aftercare services participants
			 who have left foster care on or after their eighteenth birthday.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.9 - Application for Transitional Apartment Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for the transitional apartment subsidy may be
				obtained on the authority's Web site or by contacting the authority at the
				address set forth in 265-Chapter 1. The organization shall submit the completed
				aftercare transitional apartment application, which must include a written
				narrative of the plan specified in subrule 22.8(2).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.10 - Amount of Transitional Apartment Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
The amount of transitional apartment subsidy is based on the
				lesser of the actual rent or 100 percent of the fair market rent under
				guidelines of the applicable HUD low-rent housing program in the county where
				the rental unit is located.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.11 - Redetermination of Transitional Apartment Subsidy Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
A redetermination of eligibility for transitional apartment
				subsidy payments shall be completed:
1. At least once every 12 months.
2. When a change in circumstances occurs that
			 affects eligibility requirements of rule
			 265-22.8
			 (16, PL 106-169).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.12 - Termination of Transitional Apartment Subsidy Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reasons for termination.
The rent subsidy shall terminate at the end of the month in which any of the
			 following occurs, and a notice shall be sent to the participating organization
			 which states the reason for the termination:
a. The organization no longer meets the
			 eligibility criteria listed in rule
			 265-22.8
			 (16, PL 106-169).
b. No additional
			 unobligated funds are available for the transitional apartment subsidy
			 program.