reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 30 - New Motor Vehicle Warranty-protection (LEMON LAW) › Rule 61-30.4 - Certification of Manufacturers' Dispute Resolution Programs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for
			 certification.
To apply for certification by the attorney general of a
			 manufacturer dispute resolution program under the Lemon Law, a motor vehicle
			 manufacturer may provide proof of certification in another state pursuant to
			 subrule 30.4(2) or provide the following information to the attorney general
			 at: Consumer Protection Division, Hoover State Office Building, Des Moines,
			 Iowa 50319:
a. Records which prove that the
			 manufacturer's dispute resolution program is in full compliance with 16 CFR
			 Sections
			 703.3
			 and
			 703.4
			 as amended to May 28, 1991;
b. A
			 copy of the written procedures which explain the operation of the
			 program;
c. A copy of all written
			 materials provided by the program to the parties to a dispute;
d. A copy of the most recent of any audits
			 conducted of the program regarding the performance of the program;
e. The name, address, and telephone number of
			 the entity which administers the program;
f. A copy of all written materials provided
			 by the manufacturer to consumers which state how and where to file a claim with
			 the program;
g. A list of the
			 names, addresses, and positions of all program staff;
h. A list of the names, addresses, and
			 occupations of all program decision makers;
i. Copies of all decisions entered into or
			 decided by the program within the six months prior to the date of
			 application;
j. Copies of decisions
			 by other states, granting, renewing, denying, or revoking certification;
			 and
k. Completion of the form
			 "Application for certification of a manufacturer dispute resolution
			 program."
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 30 - New Motor Vehicle Warranty-protection (LEMON LAW) › Rule 61-30.5 - Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fines.
If the attorney general has probable cause to believe
			 that a manufacturer has violated the Lemon Law or these rules, the attorney
			 general may issue a statement of charges and notice of hearing to determine
			 whether a fine should be imposed.
(2)
Revocation of
			 certification.
If the attorney general has probable cause to believe
			 that certification of a manufacturer's dispute resolution program should be
			 revoked, the attorney general may issue a statement of charges and notice of
			 hearing to determine if certification should be revoked.
(3)
Hearings.
Hearings shall
			 be governed by the provisions of
			 61-25.4 (577B,252J).
			 References to the "applicant," "registrant," or "respondent" in those rules
			 shall include the manufacturer under these rules.
(4)
Remedies.
The remedies
			 available for violations of the Lemon Law or these rules include, but are not
			 limited to:
a. Dismissal of the
			 charges.
b. Imposition of a penalty
			 against the manufacturer not to exceed $ 1000 per violation of the Lemon Law or
			 of this rule.
c. Revocation of
			 certification of a manufacturer's dispute resolution program.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 31 - Price Gouging › Rule 61-31.1 - Excessive Prices

Current through Register Vol. 47, No. 3, July 24, 2024
The charge of excessive prices for merchandise needed by
				victims of disasters is hereby declared to constitute an unfair practice under
				the Consumer Fraud Act, Iowa Code section
				714.16(1993),
				and is subject to all penalties provided therein. For purposes of this rule, a
				per se violation of the Act exists when it is shown that a person has charged
				an excessive price for merchandise to be provided to persons within an area
				declared to be a disaster area during the period of any declaration of
				emergency and for the subsequent recovery period. This includes, but is not
				limited to, the provision of water, food, medicines, sanitation supplies,
				utilities, building materials, and materials, goods, or services for cleanup or
				repair. For the purposes of this rule, the "subsequent recovery period" is that
				period when the disaster continues to cause market disruptions in the disaster
				area, but shall not exceed six months from the date of the declaration of
				emergency.
An "excessive price" is one that is not justified by the
				seller's actual costs of acquiring, producing, selling, transporting, and
				delivering the actual product sold, plus a reasonable profit. In calculating
				the seller's actual costs, no allowance shall be made for the replacement costs
				of merchandise if the seller is reasonably assured of recouping the replacement
				costs as a part of the price of subsequent sales of the merchandise. The
				existence of an excessive price shall be presumed from a substantial increase
				in the price of any merchandise over the price at which the merchandise was
				sold or offered for sale in the usual course of business immediately prior to
				the onset of the emergency or from a substantial increase in the markup from
				cost if wholesale prices or costs have increased.
This rule is intended to implement Iowa Code section
				714.16(2)
				 "a. "
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 32 - Prize Promotions › Rule 61-32.1 - Disclosures in Advertisements of Prize Promotions That Payments Are Not Required

Current through Register Vol. 47, No. 3, July 24, 2024
An advertisement in which a sponsor offers a prize not
				requiring a payment, purchase or donation as a condition of awarding the prize,
				or as a condition of allowing the person to receive, use, compete for, or
				obtain information about the prize shall be deemed to have made a disclosure
				that a purchase, payment or donation is not required, in "immediate proximity"
				to each reference in the advertisement to a purchase, payment or donation, as
				required by Iowa Code section
				714B.2(1)
"b
"(1), if:
1. The advertisement contains at least one
			 such clear and conspicuous disclosure; and
2. The advertisement does not require a
			 payment, purchase or donation as a condition of awarding the prize and does not
			 contain more than one verbal or written request that a consumer debit a credit
			 card or bank account, or mail, wire, overnight express, or similarly remit
			 money or other property by any means directly to the sponsor or to a
			 representative of the sponsor designated to collect payments to the sponsor in
			 order to receive any "merchandise," as defined in Iowa Code section
			 714B.1(2),
			 other than the prize, or to make a charitable or other contribution, and the
			 disclosure that no purchase or payment is required is in close proximity to
			 such request. Without limiting the foregoing, a verbal or written request that
			 a consumer purchase the sponsor's product or service at a retail location or
			 from the manufacturer of consumer goods regularly sold at retail establishments
			 shall not be deemed a request that a consumer remit money or property covered
			 by this paragraph.
This rule is intended to implement Iowa Code section 714.16 and
				chapter 714B.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 33 - Forfeited Property › Rule 61-33.1 - Scope of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
These rules apply to property forfeited under the authority of
				Iowa Code section
				809A.25. They do not
				apply to property seized for forfeiture by the department of natural resources
				under Iowa Code section
				483A.33.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 33 - Forfeited Property › Rule 61-33.2 - Maintenance and Storage of Property During Pendency of Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The seizing agency that initiates a seizure for forfeiture must
				arrange for and pay costs associated with the proper care of property seized
				for forfeiture within the following guidelines:
(1)
Motor vehicles.
a. Motor vehicles must be stored in a manner
			 which will minimize deterioration due to lack of operation and
			 maintenance.
b. The use of
			 commercial towing and storage facilities is at the expense of the seizing
			 agency. The department will not assume responsibility for such fees, whether
			 before or after forfeiture, unless the department decides to retain ownership
			 of the vehicle for its use instead of transferring title to the seizing
			 agency.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 33 - Forfeited Property › Rule 61-33.3 - Notice to Department

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
			 agency which seizes real property for forfeiture must notify the department
			 within ten days of the seizure. Notice shall include the identity of the party
			 from whom the property was seized, the date and county of seizure, and a legal
			 description of the property seized for forfeiture.
(2) A prosecuting attorney who obtains a
			 declaration of forfeiture or an order forfeiting property must provide the
			 department with a copy of the declaration or the order forfeiting the property
			 within ten working days of receiving the order.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 33 - Forfeited Property › Rule 61-33.4 - Disposition of Forfeited Property

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Controlled substances.
An agency in possession of a controlled substance which has been forfeited
			 shall dispose of it as required by Iowa Code section
			 124.506.
(2)
Obscene materials.
Materials which violate the provisions of Iowa Code chapter 728 shall be
			 destroyed. An inventory and a record of the destruction of obscene materials
			 shall be maintained by the agency.
(3)
Firearms and ammunition.
Forfeited firearms and ammunition must be disposed of pursuant to the rules of
			 the department of public safety.
(4)
Real property.
An agency
			 seizing real property for forfeiture must do the following:
a. Accept transfer of title from the
			 department.
b. Pay all costs
			 associated with transfer of title, including abstracting costs, property taxes
			 and assessments.
c. Indemnify the
			 state for any expenses it might become liable for by being the owner of the
			 property during the forfeiture and transfer process, including but not limited
			 to environmental cleanup costs, abstracting costs, and any expenses the
			 department incurs to comply with reasonable community standards of
			 maintenance.
d. Indemnify the state
			 for any expenditures incurred as a result of liability to a third party for any
			 injury associated with the property which occurs during the period from seizure
			 through transfer of ownership to the agency.
e. The department will retain 10 percent of
			 the gross sale price of the real property. The balance of the proceeds, 90
			 percent, will be given to the seizing agency for its use or for division among
			 law enforcement agencies and prosecutors pursuant to agreement.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 33 - Forfeited Property › Rule 61-33.5 - Use by the Department

Current through Register Vol. 47, No. 3, July 24, 2024
The department will review each item of forfeited property to
				determine if it is of a nature that would be useful to the department in
				enforcement of the law. If such a use exists, the department may take
				possession of the property and retain ownership instead of transferring it to
				the seizing agency.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 33 - Forfeited Property › Rule 61-33.6 - Gifts to Other Law Enforcement Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If the department determines that it does
			 not have use for an item of forfeited property, the seizing agency must accept
			 ownership of the property and use or dispose of it under these
			 guidelines.
(2) If the department
			 determines that property is available for gift to agencies involved in the
			 investigation or prosecution of a case but is presented with conflicting
			 requests for its gift, the department may refuse to give the property to any of
			 the agencies.
(3) Forfeited
			 property, including cash, must be used to enhance the enforcement of the
			 criminal law and cannot be used to supplant or otherwise replace normally
			 budgeted items. Questions regarding the propriety of the disposition of
			 forfeited assets should be directed to the department.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 33 - Forfeited Property › Rule 61-33.7 - Record Keeping

Current through Register Vol. 47, No. 3, July 24, 2024
An agency which seizes property for forfeiture shall maintain
				records showing the disposition, including destruction, of forfeited property
				for a period of three years from the date of forfeiture. The records shall
				comply with any recommendations of the state auditor but must, at a minimum,
				include the following:
1. The date of
			 forfeiture, a description of the property and the name(s), if available, of the
			 person(s) who owned the property and person(s) in possession of the property at
			 the time of seizure.
2. The manner
			 in which all forfeited property has been used by the agency.
3. The disposition of all forfeited property
			 which has been sold or otherwise disposed of, and of the proceeds derived
			 therefrom.
4. The manner of use of
			 all forfeited funds and proceeds from the sale of forfeited property.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 33 - Forfeited Property › Rule 61-33.8 - Failure to Comply

Current through Register Vol. 47, No. 3, July 24, 2024
If the department determines that an agency is not in
				compliance with these rules, the department may suspend, temporarily or
				permanently, the agency's privilege of receiving gifts of forfeited
				property.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 33 - Forfeited Property › Rule 61-33.9 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
An agency may appeal a decision to suspend its privilege to
				receive gifts of forfeited property under rule
				61-33.8 (809A)
				or other departmental action upon the basis that it has not been done according
				to these rules as follows:
(1)
Appeal to deputy attorney general for criminal justice.
An
			 applicant may file a notice of appeal to the deputy attorney general within 30
			 days of the departmental action that forms the basis of appeal. The deputy
			 attorney general shall review the matter, taking testimony if necessary, and
			 issue a written decision.
(2)
Appeal to attorney general.
An agency may further appeal from
			 a denial of appeal by the supervising deputy to the attorney general within 30
			 days of the date the supervising deputy's written decision was
			 mailed.
(3)
Appeal to
			 district court.
An agency which disagrees with the decision of the
			 attorney general has the right to appeal to the district court within 30 days
			 of receipt of the attorney general's final decision.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 33 - Forfeited Property › Rule 61-33.10 - Interest Holders

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 term "interest holder" shall include an entity which owns or holds a properly
			 perfected mortgage, security interest, or other interest in real or personal
			 property.
(2) An interest holder
			 with an exempt interest in forfeited property may be appointed as an agent to
			 act in disposing of forfeited property. An interest holder acting as an agent
			 in disposing of forfeited property shall be relieved of any and all duties that
			 would be imposed on the lienholder if it were acting in its capacity as a
			 lienholder.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 34 - Acquisition Negotiation Statement of Rights › Rule 61-34.1 - Statement of Property Owner's Rights

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				6B.2A(1)
				 mandates that an acquiring agency provide a
				statement of rights to owners of record who may have all or a part of their
				property acquired by condemnation. It also directs the attorney general to
				adopt rules prescribing a statement of rights which an acquiring agency may use
				to meet its obligation. Pursuant to that directive, the following statement of
				property owner's rights is adopted:
STATEMENT OF PROPERTY OWNER'S RIGHTS
Just as the law grants certain entities the right to acquire
				private property, you as the owner of the property have certain rights. You
				have the right to:
1. Receive just
			 compensation for the taking of property. (Iowa Constitution, Article I, section
			 18)
2. An offer to purchase which
			 may not be less than the lowest appraisal of the fair market value of the
			 property. (Iowa Code section
			 6B.54(3)
			)
3. Receive a copy of the
			 appraisal, if an appraisal is required, upon which the acquiring agency's
			 determination of just compensation is based not less than ten days before being
			 contacted by the acquiring agency's acquisition agent. (Iowa Code section
			 6B.45
			)
4. An opportunity to accompany at
			 least one appraiser of the acquiring agency who appraises your property when an
			 appraisal is required. (Iowa Code section
			 6B.54(2)
			)
5. Participate in good-faith
			 negotiations with the acquiring agency before the acquiring agency begins
			 condemnation proceedings. (Iowa Code section
			 6B.2B
			)
6. Retain legal counsel of your
			 choosing at your expense for the purpose of bringing a court action to
			 challenge the exercise of eminent domain authority or the condemnation
			 proceedings in accordance with the provisions of law. (Iowa Code section
			 6B.3A; Iowa
			 Code section
			 6A.24
			)
7. A determination of just
			 compensation by an impartial compensation commission and the right to appeal
			 its award to the district court if you cannot agree on a purchase price with
			 the acquiring agency. (Iowa Code section
			 6B.4;
			 Iowa Code section
			 6B.7;
			 Iowa Code section
			 6B.18
			)
8. Payment of the agreed upon
			 purchase price or, if condemned, a deposit of the compensation commission award
			 before you are required to surrender possession of the property. (Iowa Code
			 section
			 6B.25;
			 Iowa Code section
			 6B.26;
			 Iowa Code section
			 6B.54(11)
			)
9. Reimbursement for expenses
			 incidental to transferring title to the acquiring agency. (Iowa Code section
			 6B.33;
			 Iowa Code section
			 6B.54(10)
			)
10. Reimbursement of certain
			 litigation expenses:
(a) if the award of the
			 compensation commissioners exceeds 110 percent of the acquiring agency's final
			 offer before condemnation; and
(b)
			 if the award on appeal in court is more than the compensation commissioners'
			 award. (Iowa Code section
			 6B.33
			)
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 34 - Acquisition Negotiation Statement of Rights › Rule 61-34.2 - Alternate Statement of Rights

Current through Register Vol. 47, No. 3, July 24, 2024
Rule
				61-34.1
				(6B) is not intended to prohibit acquiring agencies from providing a statement
				of rights in a different form, a more detailed statement of rights, or
				supplementary material expanding upon an owner's rights.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 35 - Identity Theft Passport › Rule 61-35.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Creditor"
means a person or entity who is
				owed money or property by another person via the extension of credit to that
				other person to defer payment of debt, to incur debt and defer its payment, or
				to purchase property or services and defer payment therefor, or a person or
				entity to whom a creditor's right to payment has been assigned.
"Division "
means the crime victim assistance
				division in the attorney general's office.
"Division director"
means the director of the
				crime victim assistance division in the attorney general's office.
"Identity theft"
means the commission of the
				offense of identity theft, as stated in Iowa Code section
				715A.8(2),
				which includes when a person fraudulently uses or attempts to fraudulently use
				identification information of another person, with the intent to obtain credit,
				property, services, or other benefit.
"Law enforcement agency"
means an agency that
				employs peace officers.
"Peace officer"
means the same as defined in
				Iowa Code section
				801.4(11).
"Person "
means an individual.
"Report of identity theft"
means a request by
				a person to a peace officer in any jurisdiction described in Iowa Code section
				715A.8(5)
				 for the peace officer to take a report
				regarding an alleged commission of identity theft against the person.
"Victim "
means a person who alleges that
				identity theft has been committed against the person.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 35 - Identity Theft Passport › Rule 61-35.2 - Application for Identity Theft Passports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Completion of
			 application.
a. A person who has
			 filed a report of identity theft may apply for an identity theft passport
			 through the law enforcement agency to which the report was made.
b. An application for an identity theft
			 passport shall include the following:
(1)
			 Completion by the person, or by another on behalf of the person, and by the law
			 enforcement agency, of the identity theft passport application form and the
			 identity theft verification form set out in rule
			 61-35.8
			 (715A), along with any documentation supporting the claim that the person is a
			 victim of identity theft.
(2) A
			 copy of the report of identity theft made to the law enforcement
			 agency.
(3) Photographic
			 identification of the victim in one of the following formats in order of
			 preference:
1. A copy of the victim's current
			 driver's license or state-issued nonoperator's identification card.
2. A current photograph of the victim
			 certified as valid by signature of the law enforcement investigator who
			 received the report of identity theft.
c. Upon completion of the application for an
			 identity theft passport, the law enforcement agency which received the
			 application shall forward it to the crime victim assistance division of the
			 office of the attorney general.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 35 - Identity Theft Passport › Rule 61-35.3 - Issuance of Identity Theft Passports

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon receipt of a completed application
			 for an identity theft passport, the division shall review the application and
			 determine whether to issue the applicant an identity theft passport. In
			 determining whether to issue the identity theft passport, the division shall
			 consider all the facts and circumstances reported in the application, any
			 recommendations received from the law enforcement agency to which the report
			 was made, and any other facts that the division deems necessary to make the
			 determination.
(2) An identity
			 theft passport shall be in the form of a card or certificate as determined by
			 the attorney general.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 35 - Identity Theft Passport › Rule 61-35.4 - Usage of Identity Theft Passports

Current through Register Vol. 47, No. 3, July 24, 2024
An identity theft victim may present the passport to:
(1) A law enforcement agency to help prevent
			 the victim's arrest or detention for any offense committed by someone other
			 than the victim who is using the victim's identity, and
(2) A creditor of the victim to aid in the
			 creditor's investigation and establishment of whether fraudulent charges were
			 made against accounts in the victim's name or whether accounts were opened
			 using the victim's identity.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 35 - Identity Theft Passport › Rule 61-35.5 - Acceptance of Identity Theft Passports

Current through Register Vol. 47, No. 3, July 24, 2024
A law enforcement agency or creditor may accept an identity
				theft passport from the victim and may consider the surrounding circumstances
				and available information regarding the offense of identity theft pertaining to
				the victim.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 35 - Identity Theft Passport › Rule 61-35.6 - Expiration of Identity Theft Passports

Current through Register Vol. 47, No. 3, July 24, 2024
An identity theft passport issued by the office of the attorney
				general shall be valid for a period of five years from the date of issuance or
				renewal. The victim to whom an expired identity theft passport was issued may
				reapply to the office of the attorney general for renewal of the identity theft
				passport within 30 days after its expiration. The office of the attorney
				general may renew the identity theft passport in the same manner that initial
				passports are issued, as outlined in rule
				61-35.3
				(715A).
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 35 - Identity Theft Passport › Rule 61-35.7 - Revocation of Identity Theft Passports

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If the division determines that an
			 identity theft passport which has been issued should not have been issued, the
			 division shall notify the person to whom the identity theft passport was issued
			 of the intended revocation of the identity theft passport and the reasons for
			 the intended revocation.
(2) The
			 person who has received a notice of intended revocation of an identity theft
			 passport may request reconsideration of the intended revocation. The request
			 and all information in support of a reconsideration of the intended revocation
			 shall be submitted to the division director within 30 calendar days of the
			 mailing date on the notice of intended revocation.
(3) The division director will issue a
			 decision regarding the reconsideration of the intended revocation of the
			 identity theft passport within 30 days of receipt of the request for
			 reconsideration whenever possible. The decision of the division director
			 regarding the revocation of the identity theft passport constitutes final
			 agency action.
(4) If, after
			 notice, the division determines that the identity theft passport is revoked,
			 the division shall notify the person of the revocation in a mailing to the
			 person's last-known residential address.
(5) A person shall not use a revoked identity
			 theft passport for any purpose.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 35 - Identity Theft Passport › Rule 61-35.8 - Identity Theft Passport Application and Verification Forms

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Identity theft victim application
			 and affidavit.
The following form may be used to apply for an identity
			 theft passport.
Click here to
				view Image
Click here to
				view Image
(3)
Submission of documentation.
In order to be considered for an
			 identity theft passport, a victim must submit the following documentation to
			 the Crime Victim Assistance Division, Ground Floor, Lucas State Office
			 Building, Des Moines, Iowa 50319:
a. The
			 Identity Theft Victim Application and Affidavit form, signed by the
			 victim.
b. The Identity Theft Law
			 Enforcement Report Verification form, signed by the investigating
			 officer.
c. A copy of the law
			 enforcement agency's investigative report.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 36 - Disclosure Statement of Repairs or Adjustments To, or Replacements of Parts With New Parts On, New Motor Vehicles › Rule 61-36.1 - New Motor Vehicle Repair or Parts Replacement Disclosure Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
A person licensed as a new motor vehicle dealer pursuant to
				Iowa Code chapter 322 is required to disclose to the buyer or lessee of a new
				motor vehicle that the vehicle has been subject to any repairs or adjustments,
				or replacements of parts with new parts, if the actual cost of any labor or
				parts charged to or performed by the dealer for any such repairs, adjustments,
				or parts exceeds 4 percent of the dealer's adjusted cost.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 36 - Disclosure Statement of Repairs or Adjustments To, or Replacements of Parts With New Parts On, New Motor Vehicles › Rule 61-36.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Dealer
's
adjusted
				cost"
means the amount paid by the dealer to the manufacturer or other
				source for the vehicle, including any freight charges, but excluding any sum
				paid by the manufacturer to the dealer as a holdback or other monetary
				incentive relating to the vehicle.
"Electronic signature"
means an electronic
				sound, symbol, or process attached to or logically associated with a record and
				executed or adopted by a person with the intent to sign the record.
"Motor vehicle"
means a vehicle which is
				self-propelled and not operated upon rails.
"New motor vehicle"
means a motor vehicle
				subject to registration which has not been sold "at retail" as defined in Iowa
				Code chapter 322.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 36 - Disclosure Statement of Repairs or Adjustments To, or Replacements of Parts With New Parts On, New Motor Vehicles › Rule 61-36.3 - Form and Format of Required Disclosure Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The disclosure statement required by this
			 rule shall be made in writing, to a buyer or lessee, at or before the time of
			 sale or lease to the buyer or lessee and shall include the following statement,
			 in at least 14-point type:
Iowa law requires new motor vehicle dealers to disclose to
				their customers when a new vehicle the dealer offers for sale or lease has been
				subject to prior repairs or adjustments, or has had parts replaced with new
				parts, when the cost of that repair, adjustment or replacement is more than 4%
				of the dealer's adjusted cost for the vehicle. This new vehicle has had
				repairs, or has had parts adjusted or replaced, as follows:
[Dealer: Check all that apply, and fully describe all repairs,
				adjustments or part replacements.]
?Repair(s) to the following
				part(s):_______________________________
_________________________________________________________
?Adjustment(s), as
				follows:_____________________________________
_________________________________________________________
?Replacement(s) of the following
				part(s):__________________________
_________________________________________________________
(2) The disclosure statement shall
			 also include all of the following:
a. The
			 year, make, model and vehicle identification number of the vehicle;
b. The signature of the buyer or
			 lessee;
c. The name and address of
			 the dealership;
d. The signature of
			 a dealer representative authorized to legally bind the dealership;
e. The dates on which the above signatures
			 were affixed to the document.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 36 - Disclosure Statement of Repairs or Adjustments To, or Replacements of Parts With New Parts On, New Motor Vehicles › Rule 61-36.4 - Buyer or Lessee to Be Given Opportunity to Review Disclosure Statement

Current through Register Vol. 47, No. 3, July 24, 2024
The dealer shall give the buyer or lessee an adequate
				opportunity to review the disclosure statement before asking the buyer or
				lessee to sign the disclosure statement.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 36 - Disclosure Statement of Repairs or Adjustments To, or Replacements of Parts With New Parts On, New Motor Vehicles › Rule 61-36.5 - Copy of Disclosure Statement to Buyer or Lessee

Current through Register Vol. 47, No. 3, July 24, 2024
The dealer shall give a copy of the fully completed and signed
				disclosure statement to the buyer or lessee to retain at the time the statement
				is fully completed and signed. This requirement may be met by providing the
				buyer or lessee with a paper copy, including but not limited to a
				computer-generated printout, or by directing the disclosure statement in
				electronic form to an E-mail address of the buyer's or lessee's choosing and in
				a format that is accessible to the buyer or lessee. The manner in which a copy
				of the disclosure statement is to be provided to the buyer or lessee pursuant
				to this rule shall be at the discretion of the buyer or
				lessee.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 36 - Disclosure Statement of Repairs or Adjustments To, or Replacements of Parts With New Parts On, New Motor Vehicles › Rule 61-36.6 - Record Retention Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
A dealer shall retain a paper or electronic copy of each
				written disclosure issued pursuant to this chapter for five years from the date
				of issuance.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 36 - Disclosure Statement of Repairs or Adjustments To, or Replacements of Parts With New Parts On, New Motor Vehicles › Rule 61-36.7 - Substantially Similar Disclosure Statements

Current through Register Vol. 47, No. 3, July 24, 2024
Disclosure statements that are substantially similar to the
				statement required by this chapter will be permitted with the prior approval of
				the attorney general.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 37 - Required Disclosures for Philanthropic Contributions Made by Certain Student Loan Lenders to Certain Educational Institutions › Rule 61-37.1 - Required Disclosures by Covered Institutions Relating to Certain Philanthropic Contributions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Definitions. The terms "covered institution," "educational loan," "gift,"
			 "lender," "lending institution," "preferred lender arrangement," and "preferred
			 lender list" have the same meaning as those terms are defined in Iowa Code
			 section
			 261F.1.
a. The term "de minimis" means a monetary
			 amount or fair market value of $100 or less, as applicable. For the purposes of
			 this chapter, a gift from a lending institution is not de minimis if the
			 cumulative sum of all such monetary and other gifts from the lending
			 institution to the covered institution exceeds $100 in the same calendar
			 year.
b. The term "monetary value"
			 relating to a nonmonetary philanthropic contribution means the fair market
			 value of the contribution. All the facts and circumstances connected with the
			 contribution must be considered in the determination of fair market value,
			 including but not limited to the use, desirability to the recipient, scarcity
			 of the contributed product or service and the average price the recipient would
			 pay to purchase the contributed product or service.
c. The term "philanthropic contribution"
			 means a charitable contribution that is unrelated to educational loans from a
			 lending institution to a covered institution and is not de minimis.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 38 - Assurance of Voluntary Compliance › Rule 61.38.1 - Assurance of Voluntary Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
In any case where the attorney general has authority to
				institute a civil action or proceeding pursuant to Iowa Code section 714.16(7),
				in lieu thereof, the attorney general may accept an assurance of voluntary
				compliance with respect to any method, act or practice deemed to be in
				violation of the Iowa consumer fraud Act from any person who has engaged in, is
				engaging in, or was about to engage in such method, act or practice. Such
				assurance may, among other terms, include a stipulation for the voluntary
				payment by such person of the costs of investigation, the voluntary payment of
				a civil penalty, or an amount to be held in escrow pending the outcome of an
				action or as restitution to aggrieved consumers, or both. Matters thus closed
				may at any time be reopened by the attorney general for further proceedings in
				the public interest.
An assurance entered into pursuant to this rule shall not be
				considered an admission of a violation, provided that violation of such an
				assurance shall be treated as a violation of Iowa Code section 714.16, and
				shall be subjected to all the penalties and remedies provided therefor. A
				finding by a court that a violation of such assurance of voluntary compliance
				has occurred shall establish a prima facie case that the person subject thereto
				knows, or in the exercise of due care should know, that the person has in the
				past violated or is intentionally violating the provisions of this
				chapter.
Iowa Administrative Code › Agency 81 - Auditor of State › Chapter 21 - Filing Fees › Rule 81-21.1 - Filing Fee

Current through Register Vol. 47, No. 3, July 24, 2024
A filing fee, as provided for under Iowa Code section 11.6, subsection 10, shall be paid by governmental subdivisions, listed in Iowa Code section 11.6, subsections 1 to 3, for the filing of each audit performed in accordance with those subsections.
(1) The fee shall be remitted according to a
			 fee schedule using six strata based on the budgeted expenditures of the
			 certified budget as last adopted or amended of the governmental subdivision for
			 the fiscal year of the report being filed.
(2) The designated strata and applicable fees
			 are as follows:
Budgeted Expenditures in Millions of Dollars
Fee Amount
Under 1
$100
At least 1 but less than 3
175
At least 3 but less than 5
250
At least 5 but less than 10
425
At least 10 but less than 25
625
25 and over
850
(3)
			 The annual fee shall pertain to the fiscal year of the report being filed and
			 not the fiscal year in which the report is filed.
(4) The fee should be remitted to the auditor
			 of state at the same time the report is filed.
(5) Governmental subdivisions shall be
			 notified annually by July 30 of the amount of the fee for reports filed in the
			 fiscal year.
This rule is intended to implement Iowa Code section
				11.6, subsection
				10.
Iowa Administrative Code › Agency 81 - Auditor of State › Chapter 21 - Filing Fees › Rule 81-21.2 - Periodic Examination Fee

Current through Register Vol. 47, No. 3, July 24, 2024
A periodic examination fee, as provided for under Iowa Code
				section 11.6(11), shall be paid annually by cities that do not otherwise have
				an audit or fiscal year examination conducted pursuant to Iowa Code section
				11.6, subsection 1 or subsection 3, during a fiscal year
(1) The fee shall be remitted according to a
			 fee schedule using five strata based on the average of actual expenditures of
			 the governmental subdivision for the previous two fiscal years.
(2) The designated strata and applicable fees
			 are as follows:
Budget Expenditures in Thousands of Dollars
Fee Amount
Under 100
$ 200
At least 100 but less than 250
$ 550
At least 250 but less than 500
$ 800
At least 500 but less than 750
$1,200
750 or more
$1,500
(3)
			 The fee shall be remitted to the office of auditor of state on or before March
			 31 each year This rule is intended to implement Iowa Code section
			 11.6 (11).
Iowa Administrative Code › Agency 81 - Auditor of State › Chapter 24 - Public Records and Fair Information Practices › Rule 81-24.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In lieu of the words "(insert agency
			 head)", insert "auditor of state". Also in lieu of the words "(insert agency
			 name and address)", insert "Auditor of State, State Capitol Building, Des
			 Moines, Iowa 50319".
(2)
Office hours.
In lieu of the words "(insert customary office
			 hours and, if agency does not have customary office hours of at least thirty
			 hours a week, insert hours specified in Iowa Code section
			 24.4) ", insert "which are 8
			 a.m. to 4:30 p.m., Monday through Friday".
(7)
Fees.
c.
Supervisory fee.
In lieu
			 of the words "(specify time period)", insert "one hour".
Iowa Administrative Code › Agency 81 - Auditor of State › Chapter 24 - Public Records and Fair Information Practices › Rule 81-24.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open
			 records are routinely disclosed without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in 24.10(22) or in the notice for a particular record system.
b. To a recipient who has provided the agency
			 with advance written assurance that the record will be used solely as a
			 statistical research or reporting record; provided that, the record is
			 transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if a notice of the disclosure is transmitted
			 to the last known address of the subject.
e. To the legislative services agency under
			 Iowa Code section 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 81 - Auditor of State › Chapter 24 - Public Records and Fair Information Practices › Rule 81-24.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects, for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those supervisory personnel
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may upon request of any supervisory
			 personnel or employee, or on the custodian's own initiative, determine what
			 constitutes legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. Transfers of information within the
			 agency, to other state agencies, or to local units of government as appropriate
			 to administer the program for which the information is collected.
e. Information obtained from or released to
			 staff of federal, state and local entities for audit purposes or for purposes
			 of determining whether the agency or other agencies are operating a program
			 lawfully.
f. Any disclosure
			 specifically authorized by the statute under which the record was collected or
			 maintained.
Iowa Administrative Code › Agency 81 - Auditor of State › Chapter 24 - Public Records and Fair Information Practices › Rule 81-24.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a subject individual.
To the extent
			 permitted by law, the subject may consent in writing to agency disclosure of
			 confidential records as provided in 24.7(22).
(2)
Complaints to public officials.
			 A
letter from a subject of a confidential record to a public official
			 which seeks the official's intervention on behalf of the subject in a matter
			 that involves the agency may be, to the extent permitted by law, treated as an
			 authorization to release sufficient information about the subject to the
			 official to resolve the matter
Iowa Administrative Code › Agency 81 - Auditor of State › Chapter 24 - Public Records and Fair Information Practices › Rule 81-24.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The subject of
			 a confidential record may file a written request to review confidential records
			 about that person as provided in 24.6(22). However, the agency need not release
			 the following records to the subject:
a. The
			 identity of a person providing information to the agency need not be disclosed
			 directly or indirectly to the subject of the information when the information
			 is authorized to be held confidential pursuant to Iowa Code section
			 22.7(18)  or
			 other provisions of law.
b. Records
			 need not be disclosed to the subject when they are the work product of an
			 attorney or are otherwise privileged.
c. Peace officers' investigative reports may
			 be withheld from the subject, except as required by the Iowa Code. (See Iowa
			 Code section 22.7(5)
			 )
d. As otherwise authorized by
			 law.