reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 925 - MERIDIAN STREET PRESERVATION COMMISSION › Article 2 - GENERAL PROVISIONS › Rule 4 - Certificate of Appropriateness › Section 4-2 - Application for certificates of appropriateness

Current through July 10, 2024
Authority: IC
				  36-7-11.2-27
Affected: IC
				  36-7-11.2-34
Sec. 2.
(a) The
				applicant for a certificate shall file with the chair one (1) original and nine
				(9) complete copies the application with all exhibits.
(b) An application for a certificate shall:
(1) State the name and address of the
				petitioner, who may or may not be the owner of the subject property.
(2) State the name of the owner or owners and
				street address of the property that is the subject of the
				application.
(3) Describe, in
				detail, the following:
(A) The work to be
				done.
(B) The change resulting from
				such work, if any, in architectural features of the structure upon which such
				work is to be done.
(C) The nature
				and type of materials to be employed, specifying which such materials will be
				external and visible upon completion of the work.
(D) The name of the person who prepared
				plans.
Indiana Administrative Code › Title 925 - MERIDIAN STREET PRESERVATION COMMISSION › Article 2 - GENERAL PROVISIONS › Rule 4 - Certificate of Appropriateness › Section 4-3 - Notice of application for certificate of appropriateness

Current through July 10, 2024
Authority: IC
				  36-7-11.2-27
Affected: IC
				  36-7-11.2-7
Sec. 3.
(a) Any
				person who files an application for a certificate shall, within ten (10) days
				after such filing, serve notice upon all interested parties defined in IC
				36-7-11.2-7.
(b) Notice shall be personally served or
				mailed, first class postage prepaid, and include the following:
(1) The full name and address of the person
				filing the application.
(2) The
				street address of the property that is the subject of the
				application.
(3) A description of
				the type of work proposed to be performed.
(4) The date, time, and place of the meeting
				at which the application will be considered by the commission.
Indiana Administrative Code › Title 925 - MERIDIAN STREET PRESERVATION COMMISSION › Article 2 - GENERAL PROVISIONS › Rule 4 - Certificate of Appropriateness › Section 4-4 - Hearing on application; expedited consideration

Current through July 10, 2024
Authority: IC
				  36-7-11.2-27
Affected: IC
				  36-7-11.2-61
Sec. 4.
(a) No
				certificate shall be approved or denied without a hearing.
(b) The commission may consider, but not
				conclusively rule on, an application for a certificate at a regular or special
				meeting for which proper notice of the application has not been given, provided
				reasonable notice to interested parties can be demonstrated and a majority of
				those present and voting at the meeting agree to consider the matter.
Indiana Administrative Code › Title 925 - MERIDIAN STREET PRESERVATION COMMISSION › Article 2 - GENERAL PROVISIONS › Rule 5 - Dismissal; Withdrawal; Redocketing of Cases › Section 5-1 - Dismissal of cases

Current through July 10, 2024
Authority: IC
				  36-7-11.2-27
Affected: IC
				  36-7-11.2-46
Sec. 1.
(a) A
				majority vote of the commission members present and voting at the meeting may
				dismiss a case for want of prosecution or for lack of jurisdiction.
(b) Dismissal of a case does not prevent a
				person from reapplying at any time in the future.
(c) No fees paid to the commission for an
				application or petition shall be refunded after dismissal, except by a majority
				vote of the members present and voting at a regular meeting.
Indiana Administrative Code › Title 925 - MERIDIAN STREET PRESERVATION COMMISSION › Article 2 - GENERAL PROVISIONS › Rule 5 - Dismissal; Withdrawal; Redocketing of Cases › Section 5-2 - Withdrawal of cases; redocketing

Current through July 10, 2024
Authority: IC
				  36-7-11.2-27
Affected: IC
				  36-7-11.2-28
Sec. 2.
(a) Any
				person who has filed a case may withdraw such case from commission
				consideration at any time before or during a hearing, but not after the chair
				has called for a vote.
(b)
				Withdrawn cases may be docketed as a new case at any time, provided all filing
				and notice requirements are met.
(c) No fees paid to the commission for a case
				subsequently withdrawn shall be refunded except by a majority vote of the
				members present and voting at a regular meeting.
Indiana Administrative Code › Title 925 - MERIDIAN STREET PRESERVATION COMMISSION › Article 2 - GENERAL PROVISIONS › Rule 5 - Dismissal; Withdrawal; Redocketing of Cases › Section 5-3 - Adverse decisions; redocketing

Current through July 10, 2024
Authority: IC
				  36-7-11.2-27
Affected: IC
				  36-7-11.2-28
Sec. 3.
(a) No case
				that has been decided adversely against an applicant or petitioner shall again
				be placed on the docket for consideration within a period of six (6) months
				from the date of the adverse decision.
(b) Upon motion to permit redocketing adopted
				by six (6) affirmative votes, the commission may decide to consider such a case
				in less than six (6) months.
(c) In
				determining whether or not to consider a case that was previously decided
				adversely against an applicant or petitioner, the commission shall take into
				account evidence that the request is substantially different from the denied
				petition or application, especially with respect to those aspects of the
				request that caused the commission to deny it.
Indiana Administrative Code › Title 925 - MERIDIAN STREET PRESERVATION COMMISSION › Article 2 - GENERAL PROVISIONS › Rule 6 - General Conduct of Business › Section 6-1 - Officers of commission; selection; presiding officer

Current through July 10, 2024
Authority: IC
				  36-7-11.2-27
Affected: IC
				  36-7-11.2-26
Sec. 1.
(a) The
				commission may elect by majority vote of those present and voting a vice chair
				from among its members at any regular or special meeting.
(b) The vice chair shall preside at meetings
				in the event that the chair is absent, is disabled, or has chosen to abstain
				from hearing and voting on a case or has otherwise disqualified himself or
				herself from hearing and voting on a case.
(c) The commission may elect by majority vote
				of those present and voting a secretary/treasurer from among its members at any
				regular or special meeting.
(d) The
				chair shall preside at all meetings at which he or she is present unless he or
				she has chosen to disqualify himself or herself or has abstained from hearing
				and voting on a matter.
(e) In the
				event that neither the chair nor the vice chair is available to preside at a
				meeting, the chair, or the vice chair in the absence of the chair, shall assign
				the duty of presiding officer to another member of the commission.
Indiana Administrative Code › Title 925 - MERIDIAN STREET PRESERVATION COMMISSION › Article 2 - GENERAL PROVISIONS › Rule 6 - General Conduct of Business › Section 6-2 - Points of order and procedure; chair's authority

Current through July 10, 2024
Authority: IC
				  36-7-11.2-27
Affected: IC 4-21.5; IC
				  36-7-11.2-26
Sec. 2.
The chair, subject to IC 36-7-11.2 and IC 4-21.5,
				  shall decide all points of order or procedure unless otherwise directed by a
				  majority of the commission present and voting at the meeting.
Indiana Administrative Code › Title 925 - MERIDIAN STREET PRESERVATION COMMISSION › Article 2 - GENERAL PROVISIONS › Rule 6 - General Conduct of Business › Section 6-3 - Prohibited contact regarding pending cases

Current through July 10, 2024
Authority: IC
				  36-7-11.2-27
Affected: IC 36-7-11.2
Sec. 3.
(a) No
				information pertaining to a pending case shall be discussed by, with, or in the
				presence of any commission member, and no person shall contact any commission
				member, orally or in writing, in advance of a public hearing on a case in an
				effort to influence such member's votes, except as follows:
(1) Plans, photographs, letters, petitions,
				or other nonverbal information in support or opposition of an application or
				petition may be submitted to the commission prior to the hearing by submitting
				such information to the chair of the commission, who shall make all such
				information part of the public record.
(2) The chair, or his or her designee, may
				provide to commission members in advance of a public hearing copies of
				applications, plans, photographs, letters, petitions, planning facts, and other
				nonverbal documentation submitted in support or opposition of an application or
				petition, provided the information is part of the public record.
(3) Prior to the hearing, verbal
				communication between the chair and applicants or petitioners shall be limited
				to procedural issues related to filing, documentation, notification, and
				hearing procedures.
Indiana Administrative Code › Title 925 - MERIDIAN STREET PRESERVATION COMMISSION › Article 2 - GENERAL PROVISIONS › Rule 6 - General Conduct of Business › Section 6-4 - Commissioner investigation

Current through July 10, 2024
Authority: IC
				  36-7-11.2-27
Affected: IC
				  36-7-11.2-37
Sec. 4.
(a) Before
				voting on a case, the petitioner or applicant, an interested party, or a
				commission member may request the case to be continued so that an investigative
				committee of commission members may have the opportunity to investigate the
				site and the facts of the case.
(b)
				If a majority of the commissioners present and voting at the meeting concur
				with the request, the commission may chose two (2) or three (3) commission
				members to serve on a committee to proceed with an investigation and report its
				findings to the commission at the hearing to which the case has been
				continued.
(c) There shall not be
				less than two (2) or more than three (3) members chosen for an investigative
				committee, and all members of the committee must be present during any visit to
				the site or fact investigation.
(d)
				While undertaking its investigation of the facts, the committee may:
(1) visit the site;
(2) talk to the petitioner or applicant and
				persons involved in developing the petitioner's plans in order to obtain a
				clear understanding of the submitted proposal and any alternative the
				petitioner wishes to propose; and
(3) talk with professionals about the facts
				of the case.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 1 - Definitions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1; IC
				  22-11-14-1; IC
				  35-31.5-2-86; IC
				  35-43-2-2
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Authorized private
				event" means a gathering, not open to the general public, whose event
				application has been approved by the commission or its authorized
				designees.
(2) "Authorized public
				event" means a concert or other function, whether ticketed or free, occurring
				at the park pursuant to a sponsorship or contractual arrangement between the
				park and a third party, or with the prior written consent of the commission or
				its authorized designees.
(3)
				"Commission" means the Indiana White River state park development commission
				created as a body corporate and politic under IC
				14-13-1-5.
(4) "Deadly weapon" has the meaning set forth
				in IC 35-31.5-2-86.
(5) "Excluded locations" include the
				following:
(A) The Indianapolis Zoo, and
				structures and land under its control.
(B) The National Collegiate Athletic
				Association Headquarters and Hall of Champions and the land under its
				control.
(C) The Indiana State
				Museum and the land under its control.
(D) The Eiteljorg Museum and the land under
				its control.
(E) Victory Field and
				the land and structures under the control of Indians, Inc.
(F) Public sidewalks, trails, paths, and
				walkways (which include the cultural trail along Washington Street) under the
				control of the city of Indianapolis.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 2 - General Applicability › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1
Sec. 1.
This article applies to the park. This article does not
				  apply to excluded locations.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 2 - General Applicability › Section 2-2 - Signage

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1
Sec. 2.
The executive director of the park may post such signs at
				  the park and on the park's website as are necessary to advise the general
				  public of the provisions of this article.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 3 - Park Hours › Section 3-1 - Park hours

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1
Sec. 1.
The park is open to the general public daily from 5 a.m. to
				  11 p.m. No person shall be permitted within the park between 11 p.m. and 5 a.m.
				  except as provided under section 2 of this rule.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 3 - Park Hours › Section 3-2 - Exceptions; persons permitted to be in the park after hours

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1
Sec. 2.
The following are excepted from the prohibition of being in
				  the park between 11 p.m. and 5 a.m.:
(1) Persons transiting the park on its paved
				walkways.
(2) Employees,
				contractors, or other duly authorized agents of the following:
(A) The commission.
(B) A proper enforcement authority.
(C) Utility companies authorized to be in the
				park during their course of business.
(D) Private companies, including concert
				promoters, authorized to be in the park for a specific purpose.
(E) A federal, state, or local governmental
				entity authorized to be in the park for a specific purpose.
(F) An entity owning or operating an excluded
				location, when such employee, contractor, or other duly authorized agent is
				engaged in the necessary performance of his or her duties at an excluded
				location.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 3 - Park Hours › Section 3-3 - Hours of operation - enforcement

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1; IC
				  35-43-2-2
Sec. 3.
A person in the park in violation of this rule shall be
				  deemed a trespasser and may be asked to leave by a park employee, an agent of
				  the park, or a proper enforcement authority. Refusal or failure to leave may
				  result in criminal prosecution.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 4 - Deadly Weapons › Section 4-1 - Deadly weapons prohibited at certain events

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1; IC
				  35-47-11.1-4
Sec. 1.
A sponsor of any authorized public event or authorized
				  private event may utilize screening and weapons detection procedures at any
				  point of entry into the event for identifying and prohibiting deadly weapons or
				  knives from being brought, or attempting to be brought, into the event. Such
				  screening shall be at the sponsor's expense.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 4 - Deadly Weapons › Section 4-2 - Enforcement

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1; IC
				  35-47-11.1-4
Sec. 2.
A person who refuses to comply with the sponsor's procedures
				  or insists upon admittance to the event having been denied access as a result
				  of the screening and weapons detection procedures may be informed the person is
				  a trespasser to the event. Continued insistence on admission may result in
				  criminal prosecution.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 5 - Other Regulated Activities › Section 5-1 - Prohibited activities

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1
Sec. 1.
The following are prohibited at the park:
(1) Skateboarding except transiting the park
				on its paved walkways.
(2)
				Motorized vehicles except in designated parking areas. The following are not
				subject to this prohibition:
(A) Motorized
				vehicles owned or operated by the park or its personnel or by any proper
				enforcement authority.
(B) Electric
				personal assistive mobility devices (Segways).
(C) Motorized wheelchairs.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 5 - Other Regulated Activities › Section 5-2 - Activities requiring prior written approval and only permitted at authorized private events or authorized public events

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1
Sec. 2.
The following require prior written approval from the
				  commission or its authorized designee, which approval shall be given only for
				  authorized private events or authorized public events:
(1) Signage, banners, or marketing materials
				affixed to any part of park property.
(2) Grills, cook stoves, or any other use of
				fire or open flame.
(3) Tents,
				enclosures, risers, staging, or other temporary structures.
(4) Using a newly seeded lawn.
(5) Camping.
(6) Loudspeakers, microphones, or other
				amplified sound devices.
(7)
				Selling goods or services other than by a park-licensed
				concessionaire.
Indiana Administrative Code › Title 935 - INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION › Article 1 - PARK OPERATIONS › Rule 5 - Other Regulated Activities › Section 5-3 - Enforcement

Current through July 10, 2024
Authority: IC
				  14-13-1-42
Affected: IC
				  14-13-1; IC
				  35-43-2-2
Sec. 3.
A person engaging in an activity prohibited by this rule who
				  does not stop doing so upon request by a park employee, an agent of the park,
				  or a proper enforcement authority shall be deemed a trespasser. Refusal or
				  failure to cease the activity may result in criminal prosecution.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization › Rule 11-1.1 - Creation and Mission

Current through Register Vol. 47, No. 3, July 24, 2024
The department of administrative services (DAS) is
				  established in Iowa Code chapter 8A. The department manages and coordinates the
				  major resources of state government, including the human, financial, and
				  physical resources. The department was created to implement a world-class,
				  customer-focused organization that provides a complement of valued products and
				  services to the internal customers of state government.
The mission of the department is to provide high-quality,
				  affordable infrastructure products and services to its customers-Iowa state
				  government and other government entities-in a manner that allows them to
				  provide better service to the citizens of Iowa and to support the state of Iowa
				  in achieving economic growth.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization › Rule 11-1.2 - Location

Current through Register Vol. 47, No. 3, July 24, 2024
The department's primary office is located in the Hoover
				  State Office Building, Third Floor, 1305 East Walnut Street, Des Moines, Iowa
				  50319-0150. Office hours are 8 a.m. to 4:30 p.m., Monday through Friday,
				  excluding holidays. The department's website atdas.iowa.gov provides
				  information about the department's organization and services.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 1 - Department Organization › Rule 11-1.3 - Director

Current through Register Vol. 47, No. 3, July 24, 2024
The head of the department is the director, who is appointed
				  by the governor with the approval of two-thirds of the members of the senate.
				  The director serves at the pleasure of the governor.
The director has the statutory authority to designate an
				  employee of the department to carry out the powers and duties of the director
				  in the absence of the director, or due to the inability of the director to do
				  so.
Specific powers and duties of the department, its director,
				  boards, task forces, advisory panels, and employees are set forth in Iowa Code
				  chapters 8A, 19B, 20, 70A, and 509A and these administrative
				  rules.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Confidential record"
means a record that is
				  not available as a matter of right for examination and copying by members of
				  the public under applicable provisions of law. Confidential records include
				  records or information contained in records that the department is prohibited
				  by law from making available for examination by members of the public, and
				  records or information contained in records that are specified as confidential
				  by Iowa Code section
				  22.7, or other
				  provision of law, but that may be disclosed upon order of a court, the lawful
				  custodian of the record, or by another person duly authorized to release the
				  record. Mere inclusion in a record of information declared confidential by an
				  applicable provision of law does not necessarily make that entire record a
				  confidential record.
"Custodian "
means the department, director,
				  or another person lawfully delegated authority by the department to act for the
				  department in implementing Iowa Code chapter 22.
"Department"
means the department of
				  administrative services.
"Open record"
means a record other than a
				  confidential record.
"Personally identifiable information"
or
"individual identifiers"
means information about or
				  pertaining to an individual in a record which identifies the individual and
				  which is contained in a record system.
"Record"
means the whole or a part of a
				  "public record" as defined in Iowa Code section
				  22.1 that is owned by
				  or in the physical possession of the department.
"Record system "
means any group of records
				  under the control of the department from which a record may be retrieved by a
				  personal identifier such as the name of an individual, number, symbol, or other
				  unique retriever assigned to an individual.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.2 - Statement of Policy, Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				  access to open records by establishing rules, policies and procedures to
				  implement the fair information practices Act, Iowa Code chapter 22. Chapter 4
				  seeks to facilitate sound department determinations with respect to the
				  handling of confidential records. The department is committed to complying with
				  Iowa Code chapter 22; department staff shall cooperate with members of the
				  public in implementing the provisions of that chapter.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				  22.7 or other
				  applicable provisions of law, the lawful custodian may disclose certain
				  confidential records to one or more members of the public. Other provisions of
				  law authorize or require the custodian to release specified confidential
				  records under certain circumstances or to particular persons. In requesting the
				  custodian to permit the examination or copying of such a confidential record,
				  the following procedures apply and are in addition to those specified for
				  requests for access to records in rule 4.3(8A,22).
(1)
Proof of identity.
A
				person requesting access to a confidential record may be required to provide
				proof of identity or authority satisfactory to the custodian to secure access
				to the record.
(2)
Requests.
The custodian may require a request to examine and
				copy a confidential record to be in writing. A person requesting access to such
				a record may be required to sign a certified statement or affidavit enumerating
				the specific reasons alleged to justify access to the confidential record and
				to provide any proof necessary to establish relevant facts.
(3)
Notice to subject of record and
				opportunity to obtain injunction.
After the custodian receives a
				request for access to a confidential record, and before the custodian releases
				that record, the custodian may make reasonable efforts to notify promptly any
				person who is a subject of that record, is identified in that record, and whose
				address or telephone number is contained in that record. To the extent such a
				delay is practicable and in the public interest, the custodian shall give the
				subject of that confidential record to whom notification is transmitted a
				reasonable opportunity to seek an injunction under Iowa Code section
				22.8,
				and indicate to the subject of that record the specified period of time during
				which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
				custodian denies a request for access to a confidential record, in whole or in
				part, the custodian shall promptly notify the requester in writing. The denial
				shall be signed by the custodian of the record and shall include:
a. The name and title of the person
				responsible for the denial; and
b.
				A citation to the provision of law vesting authority in the custodian to deny
				disclosure of the record; or
c. A
				citation to the statute vesting discretion in the custodian to deny disclosure
				of the record and a brief statement of the reasons for the denial to the
				requester.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.6 - Procedure by Which a Person Who Is the Subject of a Record May Have Additions, Dissents, or Objections Entered Into a Record

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				  request with the custodian to review, and to have a written statement of
				  additions, dissents, or objections entered into, a record containing personally
				  identifiable information pertaining to that person. However, this does not
				  authorize a person who is a subject of such a record to alter the original copy
				  of that record or to expand the official record of any department proceeding.
				  Requester shall send the request to review such a record or the written
				  statement of additions, dissents, or objections to the custodian. The request
				  to review such a record or the written statement of such a record of additions,
				  dissents, or objections must be dated and signed by requester, and shall
				  include the current address and telephone number of the requester or the
				  requester's representative.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, a
				  person who is the subject of a confidential record under the jurisdiction of
				  the department may consent to have a copy of the portion of that record
				  concerning the subject disclosed to a third party except as provided in subrule
				  4.12(1). The consent must be in writing and must identify the particular record
				  that may be disclosed, the particular person or class of persons to whom the
				  record may be disclosed, and, where applicable, the time period during which
				  the record may be disclosed. The subject and, where applicable, the person to
				  whom the record is to be disclosed, must provide proof of
				  identity.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When a person is requested to supply information about that
				  person that will become part of a record under the jurisdiction of the
				  department, the department shall notify that person of the use that will be
				  made of the information, which persons outside the department might routinely
				  be provided the information, which parts of the requested information are
				  required and which are optional, and the consequences of not providing the
				  information requested. This notice may be given in rules, on the written form
				  used to collect the information, on a separate fact sheet or letter, in
				  brochures, in formal agreements, in contracts, in handbooks, in manuals,
				  verbally, or by other appropriate means.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.9 - 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 rule 4.10(8A,22) or in any notice for a particular record
				system.
b. To a recipient who has
				provided the department 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 the
				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 following 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.
f. Disclosures in the
				course of employee disciplinary proceedings.
g. In response to a court order or
				subpoena.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.10 - 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. "Routine use" 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 records under the
				jurisdiction of the department:
a. Disclosure
				to those officers, employees, and agents of the agency who have a need for the
				record in the performance of their duties. The custodian of the record may upon
				request of any officer 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 department.
d. Transfers of information within the
				department, to other state agencies, or to local units of government as
				appropriate to administer the program for which the information is
				collected.
e. Information released
				to staff of federal and state entities for audit purposes or for purposes of
				determining whether the department is operating a program lawfully.
f. Any disclosure specifically authorized by
				the statute under which the record was collected or maintained.
g. Distribution of lists of state employees
				to other than governmental entities.
h. Distribution of represented employees'
				payroll records to unions.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.11 - 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 department disclosure of confidential records as provided
				in rule 4.7(8A,17A,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 a record under
				the jurisdiction of the department may to the extent permitted by law be
				treated as an authorization to release sufficient information about the subject
				to the official to resolve the matter.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.12 - 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 rule 4.6(8A,22). However, the
				department need not release the following records to the subject:
a. The identity of a person providing
				information to the department when the information is authorized to be held
				confidential pursuant to Iowa Code section
				22.7(18)
				 or other provision of law.
b. Records that are the work product of an
				attorney or are otherwise privileged.
c. Peace officers' investigative reports
				except as required by the Iowa Code. (See Iowa Code section
				22.7(5).)
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				  identifiable information which is collected, maintained, and retrieved by the
				  department by personal identifier in record systems as defined in rule
				  11-4.1(8A,22). Unless otherwise stated, the authority to maintain the record is
				  provided by Iowa Code chapter 8A.
(1)
Retrieval.
Personal identifiers may be used to retrieve
				information from any of the systems of records that the department maintains
				that contain personally identifiable information.
(2)
Means of storage.
Paper,
				microfilm, microfiche, and various electronic means of storage are used to
				store records containing personally identifiable information.
(3)
Comparison.
Electronic
				or manual data processing may be used to match, to collate, or to compare
				personally identifiable information in one system with personally identifiable
				information in another system of records or with personally identifiable
				information within the same system.
(4)
Comparison with data from outside
				the department.
Personally identifiable information in systems of
				records maintained by the department is retrievable through the use of personal
				identifiers and may be compared with information from outside the department
				when specified by law. This comparison is allowed in situations including:
a. Determination of any offset of a debtor's
				income tax refund or rebate for child support recovery or foster care recovery
				(Iowa Code section
				8A.504
				);
b. Calculation of any offset
				against an income tax refund or rebate for default on a guaranteed student loan
				(Iowa Code section
				8A.504
				);
c. Offset from any tax refund or
				rebate for any liability owed a state agency (Iowa Code section
				8A.504
				);
d. Offset for any debt which is
				in the form of a liquidated sum due, owing, and payable to the clerk of
				district court as a criminal fine, civil penalty surcharge, or court costs
				(Iowa Code section
				8A.504
				).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.16 - Data Processing Systems

Current through Register Vol. 47, No. 3, July 24, 2024
Some of the data processing systems used by this department
				  may permit the comparison of personally identifiable information in one record
				  system with personally identifiable information in another record
				  system.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the department to index or
				retrieve records which contain information about a person by that person's name
				or other personal identifier.
2.
				Make available to the general public records which would otherwise not be
				available under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
				notification of or access to, records in the possession of the department that
				are governed by the regulations of another agency.
4. Apply to grantees, including local
				governments or subdivisions thereof, administering state-funded programs unless
				otherwise provided by law or agreement.
5. Make available records compiled in
				reasonable anticipation of court litigation or formal administrative
				proceedings. Applicable legal and constitutional principles, statutes, rules of
				discovery, evidentiary privileges, the Code of Professional Responsibility, and
				applicable regulations shall govern the availability of such records to the
				general public or to any subject individual or party to such litigation or
				proceedings.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.18 - Agency Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each agency
				shall maintain a file of personnel records on each employee and each applicant
				for employment as specified by the department in rule or policy. All employee
				and applicant records are under the jurisdiction of the department.
(2) The appointing authority shall give each
				employee copies of all materials placed in the employee's file unless
				determined otherwise by the department. The appointing authority shall provide
				copies of records to the department as requested.
(3) When an employee is transferred, promoted
				or demoted from one agency to another agency, the employee's personnel records
				shall be sent to the receiving appointing authority by the former appointing
				authority.
(4) The director shall
				prescribe the forms to be used for collecting and recording information on
				employees and applicants for employment, as well as the procedures for the
				completion, processing, retention, and release of those forms and records, as
				well as the information contained on them.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 5 - Petitions for Rule Making › Rule 11-5.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing.
Any person or agency may file a petition for adoption
				of rules or request for review of rules with the Department of Administrative
				Services, Office of the Director, Hoover State Office Building, Third Floor,
				Des Moines, Iowa 50319. A petition is deemed filed when it is received by the
				department. The department shall provide the petitioner with a file-stamped
				copy of the petition if the petitioner provides the department an extra copy
				for this purpose. The petition must be typewritten or legibly handwritten in
				ink and must substantially conform to the following form:
DEPARTMENT OF ADMINISTRATIVE SERVICES
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The petition must provide the following information:
a. A statement of the specific rule-making
				action sought by the petitioner including the text or a summary of the contents
				of the proposed rule or amendment to a rule and, if it is a petition to amend
				or repeal a rule, a citation and the relevant language to the particular
				portion or portions of the rule proposed to be amended or repealed.
b. A citation to any law deemed relevant to
				the department's authority to take the action urged or to the desirability of
				that action.
c. A brief summary of
				petitioner's arguments in support of the action urged in the
				petition.
d. A brief summary of any
				data supporting the action urged in the petition.
e. The names and addresses of other persons,
				or a description of any class of persons, known by petitioner to be affected by
				or interested in, the proposed action which is the subject of the petition.
f. Any request by petitioner for a
				meeting provided for by rule
				11-5.4 (17A).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 5 - Petitions for Rule Making › Rule 11-5.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support
				  of the action urged in the petition. The director may request a brief from the
				  petitioner or from any other person concerning the substance of the
				  petition.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 5 - Petitions for Rule Making › Rule 11-5.4 - Department Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon
				request by petitioner in the petition, the department must schedule a brief and
				informal meeting between the petitioner and the department to discuss the
				petition. The department may request the petitioner to submit additional
				information or argument concerning the petition. The department may also
				solicit comments from any person on the substance of the petition. Also,
				comments on the substance of the petition may be submitted to the department by
				any person.
(2) Within 60 days
				after the filing of the petition, or within any longer period agreed to by the
				petitioner, the department must, in writing, deny the petition, and notify
				petitioner of its action and the specific grounds for the denial, or grant the
				petition and notify petitioner that it has instituted rule-making proceedings
				on the subject of the petition. The petitioner shall be deemed notified of the
				denial or grant of the petition on the date when the department mails or
				delivers the required notification to the petitioner.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				  all rules adopted by the department are subject to the provisions of Iowa Code
				  chapter 17A, the Iowa administrative procedure Act, and the provisions of this
				  chapter.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 6 - Agency Procedure for Rule Making › Rule 11-6.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the
				  department may, before publication of a Notice of Intended Action under Iowa
				  Code section
				  17A.4(1)
"a,"
solicit comments from
				  the public on a subject matter of possible rule making by the department by
				  causing notice to be published in the Iowa Administrative Bulletin of the
				  subject matter and indicating where, when, and how persons may comment.
				  Notwithstanding the foregoing, except as otherwise provided by law, the
				  department may use its own experience, specialized knowledge, and judgment in
				  the adoption of a rule.