reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and shall contain a reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and the reasons upon which the action is based, and a description of the precise scope and operative period of the waiver if one is issued.
(1)
Discretion.
The final
			 decision on whether the circumstances justify the granting of a waiver shall be
			 made at the sole discretion of the committee, upon consideration of all
			 relevant factors. Each petition for a waiver shall be evaluated by the
			 committee based on the unique, individual circumstances set out in the
			 petition.
(2)
Burden of
			 persuasion.
The burden of persuasion rests with the petitioner to
			 demonstrate by clear and convincing evidence that the committee should exercise
			 the committee's discretion to grant a waiver from a rule.
(3)
'Narrowly tailored exception.
			 A
waiver, if granted, shall provide the narrowest exception possible
			 to the provisions of a rule.
(4)
Administrative deadlines.
When the rule from which a waiver is
			 sought establishes administrative deadlines, the committee shall balance the
			 special individual circumstances of the petitioner with the overall goal of
			 uniform treatment of all similarly situated persons.
(5)
Conditions.
The
			 committee may place any condition on a waiver that the committee finds
			 desirable to protect the public health, safety, and welfare.
(6)
Time period of waiver A
waiver shall not be permanent unless the petitioner can show that a temporary
			 waiver would be impracticable. If a temporary waiver is granted, there is no
			 automatic right to renewal. At the sole discretion of the committee, a waiver
			 may be renewed if the committee finds that grounds for a waiver continue to
			 exist.
(7)
Time for
			 ruling.
The committee shall grant or deny a petition for a waiver as
			 soon as practicable but, in any event, shall do so within 120 days of its
			 receipt, unless the petitioner agrees to a later date. However, if a petition
			 is filed in a contested case, the committee shall grant or deny the petition no
			 later than the time at which the final decision in that contested case is
			 issued.
(8)
When deemed
			 denied.
Failure of the committee to grant or deny a petition within
			 the required time period shall be deemed a denial of that petition by the
			 committee. However, the committee shall remain responsible for issuing an order
			 denying a waiver
(9)
Service of order
Within seven days of its issuance, any order
			 issued under this uniform rule shall be transmitted to the petitioner or the
			 person to whom the order pertains, and to any other person entitled to such
			 notice by any provision of law.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				indexed, filed and available for public inspection as provided in Iowa Code
				section 17A.3. Petitions for a waiver and orders granting or denying waiver
				petitions are public records under Iowa Code chapter 22. The committee may
				accordingly redact confidential information from petitions or orders prior to
				public inspection. Waiver information is available as described in rule
				289-8.12(17A,ExecOrd11).
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.12 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
When the committee grants or denies a waiver, the committee
				shall submit the information required by this rule on the Internet site
				established pursuant to Iowa Code section 17A.9A(4)  within 60 days. The
				Internet site shall identify the rules for which a waiver has been granted or
				denied, the number of times a waiver was granted or denied for each rule, a
				citation to the statutory provisions implemented by these rules, and a general
				summary of the reasons justifying the committee's actions on waiver requests.
				If practicable, the submission shall include information detailing the extent
				to which the granting of a waiver has established a precedent for additional
				waivers and has affected the general applicability of the rule
				itself.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.13 - Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued pursuant to this chapter may be withdrawn, canceled or modified if, after appropriate notice and hearing, the committee issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver order withheld or misrepresented material facts relevant
			 to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
			 the public health, safety and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to comply with all conditions contained in the order
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of conditions in the waiver approval is the equivalent of violation of the particular rule for which the waiver is granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the committee issues an order granting a waiver, the order is a defense within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 1 - Organization and Purpose › Rule 301-1.1 - Iowa Egg Council Composition

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa egg council consists of seven members. Each council
				member must be a natural person who is a producer or an officer, equity owner,
				or employee of a producer. Two persons shall represent large producers, two
				persons shall represent medium producers, and three persons shall represent
				small producers. These members are elected according to 301-Chapter 3. The
				council is responsible for promoting market development for eggs, advancing
				public relations for the egg industry, and administering the assessment on eggs
				produced in Iowa imposed in Iowa Code chapter 184.
This rule is intended to implement Iowa Code section
				17A.3.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 1 - Organization and Purpose › Rule 301-1.2 - Officers

Current through Register Vol. 47, No. 3, July 24, 2024
The officers of the Iowa egg council shall be as follows:
				chairperson, vice-chairperson, and secretary/treasurer. Each officer shall be
				elected by vote of the council for a term of one year and may be reelected by
				vote of the council to serve one subsequent term in the same office.
(1) The chairperson shall set the date for
			 meetings, preside at meetings, and sign vouchers and other documents approved
			 by the council.
(2) The
			 vice-chairperson shall act in the chairperson's place when the chairperson is
			 unable to act.
(3) The
			 secretary/treasurer shall supervise the preparation of minutes of meetings,
			 financial records and financial reports of the Iowa egg fund.
This rule is intended to implement Iowa Code section
				17A.3.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 1 - Organization and Purpose › Rule 301-1.3 - Staff

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa egg council may employ an executive director, a
				consumer specialist, and such other staff persons as it deems necessary to aid
				in the completion of its duties. This rule is intended to implement Iowa Code
				section 17A.3.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 1 - Organization and Purpose › Rule 301-1.4 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa egg council shall meet at those times designated by
				the chairperson at least once every three months and at other times the council
				determines are necessary. All meetings shall be held at such locations as are
				determined by the council.
This rule is intended to implement Iowa Code section
				17A.3.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 1 - Organization and Purpose › Rule 301-1.5 - Quorum

Current through Register Vol. 47, No. 3, July 24, 2024
A majority of voting members of the council present during a
				meeting shall constitute a quorum. A majority of the members present during a
				meeting is necessary to carry out the duties and exercise the powers of the
				council as provided in this chapter, unless the council requires a greater
				number.
This rule is intended to implement Iowa Code section 17A.3 and
				chapter 184.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 2 - Rules of Practice › Rule 301-2.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
All words and terms defined in Iowa Code section 184.1 employed
				in these rules are given the definitions found in that chapter. The following
				words and terms used in these rules shall have the meaning hereafter ascribed
				to them:
"Eligible voter"
means every producer who
				owns, or contracts for the care of, 30,000 or more layer-type chickens raised
				in this state.
This rule is intended to implement Iowa Code section
				184.10.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 2 - Rules of Practice › Rule 301-2.2 - Public Information

Current through Register Vol. 47, No. 3, July 24, 2024
The public is invited to obtain information or make informal
				requests of the council by addressing these matters, either orally or in
				writing, to the executive director of the Iowa Egg Council, 8515 Douglas
				Avenue, Suite 9, Urbandale, Iowa 50322.
This rule is intended to implement Iowa Code section
				17A.3.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 2 - Rules of Practice › Rule 301-2.3 - Informal Settlement of Controversies

Current through Register Vol. 47, No. 3, July 24, 2024
Every possible attempt will be made to handle all complaints
				and controversies, whether raised by the council or by members of the public,
				in an informal manner.
(1) In cases of
			 a routine nature, the executive director or chairperson shall attempt to settle
			 the matter. In cases indicating a need for interpretation of council policy or
			 legal interpretation, the executive director may defer action until after
			 consultation with the chairperson or with legal counsel, or the chairperson may
			 defer action until after consultation with legal counsel, or either may defer
			 action until after discussion of the subject at a council meeting.
(2) In cases not of a routine nature, or in
			 cases in which the efforts of the executive director or chairperson are
			 unsuccessful, the council itself shall act to resolve the matter. In cases
			 indicating a need for legal advice, the council may defer action until after
			 consultation with legal counsel.
This rule is intended to implement Iowa Code section
				17A.10.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 2 - Rules of Practice › Rule 301-2.4 - Declaratory Rulings

Current through Register Vol. 47, No. 3, July 24, 2024
On petition by an interested party who is aggrieved or
				adversely affected by the question contained in the petition, the council may
				issue a declaratory ruling with respect to the interpretation or applicability
				of any statutory provision, rule, or other written statement of the law or
				policy, decision, or order of the council.
(1) Petitions shall be titled "PETITION FOR
			 DECLARATORY RULING" and shall include the name and address of all petitioners.
			 The body of the petition must state the precise factual situation involved, the
			 exact question to which an answer is desired, and the exact words, passages,
			 sentences, or paragraphs which are the subject of inquiry.
(2) The petition shall be filed at the office
			 of the council at 8515 Douglas Avenue, Suite 9, Urbandale, Iowa
			 50322.
(3) The council will refuse
			 to issue a declaratory ruling if the petition does not state with enough
			 specificity the factual situation or the question presented; if the issuance of
			 the ruling would not be in the best interests of the public; or for any other
			 reason it deems just and proper.
(4) The council shall issue a ruling or
			 dismiss the petition within 60 days of the filing of the petition except that
			 when additional information is requested, the ruling shall be issued within 60
			 days following receipt of the requested information.
This rule is intended to implement Iowa Code section
				17A.9.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 2 - Rules of Practice › Rule 301-2.5 - Petition for Adoption of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
An interested person may file with the council a written
				request that the council adopt, amend, or repeal a rule. The petition shall be
				addressed to the Iowa Egg Council, 8515 Douglas Avenue, Suite 9, Urbandale,
				Iowa 50322, and shall include:
1. The
			 names of those requesting the change.
2. The proposed rule or present rule as it
			 would read following the desired amendment.
3. The reason for the proposed rule or
			 amendment.
4. The statutory
			 authority for the proposed rule or amendment.
Within 60 days following receipt of the petition, the council
				shall either deny the petition in writing on the merits, stating its reason for
				denial, or initiate rule-making proceedings.
This rule is intended to implement Iowa Code section
				17A.7.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 3 - Election of Members › Rule 301-3.1 - Nominations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Not later than five months prior to
			 election, council members will determine classifications for small, medium, and
			 large production. Iowa egg council assessment records for four consecutive and
			 recent quarters will be used to determine number of layer-type chickens for
			 each producer. Producers and numbers of layer-type chickens will be listed from
			 small to large numbers. The council will review the list and equitably
			 determine classifications of small, medium, and large producers.
			 Classifications will be approved by the council.
(2) Not later than 60 days prior to the end
			 of each council member's term of office, the council shall cause to be
			 published a notice to the electorate about vacancies on the council and the
			 nominations of the nominating committee of the Iowa egg council. Such notice
			 shall be on a form and shall contain information required to be contained in
			 Exhibit 1, set out at the end of these rules and made apart hereof by
			 reference. In addition, the council shall mail to each eligible voter appearing
			 on council records a copy of said written notice at the address of such voter
			 as contained in the records of the council.
(3) Each notice shall contain a form for
			 petition for nomination of producer candidates which shall conform to Exhibit
			 2, set out at the end of these rules and made a part hereof by
			 reference.
(4) The period for
			 nomination by petition shall commence 60 days prior to the election date and
			 end 30 days prior to the election date, not counting the day of election
			 itself.
(5) Nominating petitions
			 shall be filed with the council at its address as indicated on the notice of
			 nominations no later than 4 p.m. on the thirtieth day preceding the election,
			 not counting the day of election itself.
(6) All eligible nominees nominated by valid
			 petition signed by three producers shall be included on the ballot and shall be
			 eligible for election to the council.
(7) All nominating petitions shall be
			 reviewed by the council for propriety, and the ballot shall be prepared to
			 include all procedures properly nominated.
This rule is intended to implement Iowa Code section
				184.8.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 3 - Election of Members › Rule 301-3.2 - Election Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Not less
			 than 12 nor more than 18 days prior to the election day, not counting the
			 election day itself, the council shall cause to be mailed to each eligible
			 voter appearing on the council records, a notice of election and one ballot on
			 the forms marked Exhibits 3 and 4 respectively, set out at the end of these
			 rules and made a part hereof by reference.
(2) In addition to the mailed notice provided
			 for above, the council shall cause to be published on the Iowa egg council
			 website and in the producer newsletter a notice of election and form of ballot.
			 This published notice shall appear not less than 10 nor more than 20 days prior
			 to the date of election, not counting the election day itself.
(3) The council shall furnish a ballot to any
			 person who requests one, even though the eligibility of such person to vote has
			 not been determined. The outside of each envelope provided to such persons
			 shall be marked to show that eligibility to vote has not been determined, and
			 such information as will enable the council to determine that person's
			 eligibility to vote shall be included with the ballot.
(4) The council shall have the authority to
			 determine the eligibility of all persons voting in the election.
(5) Each producer shall be permitted to vote
			 only for one producer-nominee to fill each vacancy on the council.
(6) All nominees for office shall be listed
			 alphabetically, within each category, on the ballot.
(7) Ballots may be returned to the place
			 specified in the notice of election in envelopes provided by the council for
			 that purpose or may be deposited in ballot boxes provided for that purpose in
			 such locations as may be specified by the council.
(8) All ballots shall, upon receipt, be
			 placed in a ballot box provided for that purpose and shall remain unopened
			 until the date prescribed for counting of said ballots. All ballot boxes shall
			 be closed at 5 p.m. on the day of election. Only those ballots actually
			 received by 5 p.m. on the day of election, either in person or in the mail,
			 shall be counted.
(9) All ballots
			 shall be counted by the election committee within seven days after the election
			 date and certified to the council.
(10) The election committee shall consist of
			 board members not up for reelection.
(11) In case of a tie, the tie will be broken
			 by the election committee by drawing lots.
This rule is intended to implement Iowa Code section
				184.8.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 4 - Assessment on Eggs › Rule 301-4.1 - Rate of Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
The assessment on egg sales authorized by Iowa Code section
				184.3 and established by referendum as specified in Iowa Code section 184.2 is
				set by the council at not more than five cents for each 30 dozen eggs (one
				case) sold by a producer. This rule is intended to implement Iowa Code section
				184.3.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 4 - Assessment on Eggs › Rule 301-4.2 - Collection of Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 assessment is to be imposed on eggs produced in Iowa, including shell eggs or
			 eggs broken for further processing, but does not include fertile eggs that are
			 incubated, hatched, or used for vaccines.
(2) The assessment is not to be imposed on
			 the sale of hatching eggs which are actually used by the purchaser for
			 hatching. However, the assessment shall be imposed on the sale of hatching eggs
			 which are actually intended for human consumption.
(3) Except as provided above, egg processors
			 who have purchased eggs from producers during any calendar quarter must remit
			 to the Iowa egg council all assessments collected during that quarter not later
			 than 30 days after each calendar quarter. All other persons who collect the
			 assessment but who are not referred to in Iowa Code section 184.3 must also
			 forward to the council the amount assessed, not later than 30 days after each
			 calendar quarter.
(4) Each
			 remittance must be accompanied by the information required by the assessment
			 and remittance form provided by the council, which has been marked Exhibit 5,
			 set out at the end of these rules and made a part hereof by
			 reference.
(5) If the producer is
			 also the processor, the producer shall remit the assessment directly, using the
			 same forms and procedures as in cases involving both producer and
			 processor.
(6) An assessment is
			 considered "remitted" within the meaning of Iowa Code section 184.13:
a. If mailed, on the date it is postmarked by
			 the United States mail in an envelope addressed to the Iowa egg council at the
			 council office.
b. If not mailed,
			 on the date it is received at the council's office.
This rule is intended to implement Iowa Code section
				184.3.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 5 - Public Records and Fair Information Practices › Rule 301-5.3 - 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 "executive director". In lieu of the words "(insert agency name
			 and address)", insert "Iowa Egg Council, 8515 Douglas Avenue, Suite 9,
			 Urbandale, Iowa 50322".
(2)
Office hours.
In lieu of the words "(insert customary hours
			 and, if agency does not have customary office hours of at least thirty hours
			 per week, insert hours specified in Iowa Code section 22.4) ", insert "8 a.m. to
			 4:30 p.m. daily, excluding Saturdays, Sundays, and legal holidays".
(7)
Fees.
c.
Supervisory fee.
In lieu
			 of "(specify time period)", insert "one hour".
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 5 - Public Records and Fair Information Practices › Rule 301-5.9 - Public Records; Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
All records in the possession of the council other than confidential records are public records. The council shall deem to be confidential those categories of records enumerated in Iowa Code section 22.7 which are in its possession.
Iowa Administrative Code › Agency 301 - Egg Council, Iowa › Chapter 5 - Public Records and Fair Information Practices › Rule 301-5.10 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
Agency records include the following personally identifiable
				information: excise tax remittance in identifying individual producers and the
				amounts remitted, refund requests from producers, and personal information in
				confidential personnel records. This information is collected pursuant to the
				authority of Iowa Code chapter 184 and is stored in the office files of the
				council office. Personally identifiable information contained in these records
				shall be confidential.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 1 - Iowa Ethics and Campaign Disclosure Board › Rule 351-1.1 - General Agency Description

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Board established.
The Iowa ethics and campaign disclosure
			 board is established as an independent agency of the executive branch of state
			 government with the authority, powers, and duties set out in Iowa Code chapters
			 68A and 68B and Iowa Code section
			 8.7.
			 The board is a "regulatory agency" as defined in Iowa Code section
			 68B.2(23).
(2)
Election of officers.
On
			 an annual basis at the board's first in-person meeting after April 30, the
			 members shall elect a chair and vice chair, and members may be reelected or
			 elected to a different office.
(3)
Board meetings.
Meetings of the board are held at the call of
			 the chair or at the request of at least four members of the board. The chair
			 sets the time, place, and date of the meetings except when a meeting is
			 requested by at least four members of the board. Meetings shall be held in
			 compliance with the open meeting requirements in Iowa Code chapter 21. Minutes
			 of meetings are available for viewing via the board's Web site at
www.iowa.gov/ethics
. A person who wishes to
			 be placed on the board agenda shall file an oral or written request with the
			 board's executive director at least 48 hours prior to the meeting.
(4)
Voting and procedure.
Four board members constitute a quorum for conducting the business of the
			 board. An affirmative vote of four board members is required for a motion to
			 pass. The meetings shall be generally conducted according to rules of
			 parliamentary procedure.
This rule is intended to implement Iowa Code sections 68B.32
				and 68B.32A.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 1 - Iowa Ethics and Campaign Disclosure Board › Rule 351-1.2 - Requirements for Requesting Board Advisory Opinions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
who may request opinion.
Any person subject to the board's jurisdiction may request a board advisory
			 opinion, including a local official or local employee seeking an opinion on the
			 application of the ethics laws in Iowa Code chapter 68B. A governmental entity
			 not under the board's jurisdiction may request a board advisory opinion on an
			 issue subject to the board's jurisdiction. A person requesting an opinion on
			 the application of the ethics and lobbying laws in Iowa Code chapter 68B as
			 applied to the legislative branch of state government shall be referred to the
			 senate and house ethics committees. An authorized agent may seek an opinion on
			 behalf of any person. The board will not issue an opinion to an unauthorized
			 third party. The board may on its own motion issue opinions without receiving a
			 formal request.
(2)
Form of
			 request.
The request for an opinion shall be in writing and shall
			 describe the specific transaction, conduct, or activity that the requesting
			 person plans to undertake or is presently undertaking. Requests shall be sent
			 to the board as provided in subrule 1.3(1).
(3)
Jurisdiction.
The board
			 will issue opinions pertaining only to Iowa Code chapter 68A, Iowa Code chapter
			 68B, Iowa Code section
			 8.7,
			 or rules adopted thereunder.
This rule is intended to implement Iowa Code section
				68B.32A(12).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 1 - Iowa Ethics and Campaign Disclosure Board › Rule 351-1.3 - Processing of Advisory Opinion Requests; Routine Administrative Advice

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Requests for
			 board advisory opinions shall be sent to the Iowa Ethics and Campaign
			 Disclosure Board, 510 East 12th Street, Suite lA, Des Moines, Iowa
			 50319.
(2) After receiving a
			 qualified opinion request, the board's legal counsel shall prepare a draft
			 opinion for board review. Upon an affirmative vote of at least four members,
			 the board will issue a board advisory opinion. Advice contained in a board
			 opinion, if followed, constitutes a defense to a subsequent complaint that is
			 based on the same facts and circumstances.
(3) A person who receives a board advisory
			 opinion may, within 30 days after the issuance of the opinion, request
			 modification or reconsideration of the opinion. A request for modification or
			 reconsideration shall be deemed denied unless the board acts upon the request
			 within 60 days of receipt of the request.
(4) Board advisory opinions are public
			 records and shall be made available at the board office and via the board's Web
			 site at
www.iowa.gov/ethics
.
(5) Nothing in this rule precludes board
			 staff from providing oral or written routine administrative advice when
			 presented with oral or written inquiries from any person.
(6) Nothing in this rule precludes a person
			 who has received routine administrative advice from petitioning for a
			 declaratory order The board will refuse to issue a declaratory order to a
			 person who has previously received aboard opinion on the same question, unless
			 the requester demonstrates a significant change in circumstances from those in
			 the board opinion.
(7) On an annual
			 basis the board shall review the advisory opinions issued for that year and
			 determine which opinions should be adopted into rule pursuant to the procedures
			 in Iowa Code chapter 17A.
This rule is intended to implement Iowa Code section
				68B.32A(12).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 1 - Iowa Ethics and Campaign Disclosure Board › Rule 351-1.4 - Board Code of Ethics

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Making
			 monetary and in-kind contributions to the committees of candidates for Iowa
			 public office is prohibited. However, contributions to candidates for federal
			 office are permitted since the board has no jurisdiction over federal
			 candidates.
(2) Serving as an
			 officer or member of a candidate's committee of a candidate for Iowa public
			 office is prohibited, whether the service is volunteer or paid.
(3) Making monetary or in-kind contributions
			 to a political committee (PAC) is prohibited. However, contributions to a state
			 party or a county central committee are permitted.
(4) Running for or holding elected public
			 office is prohibited. Running for or serving as an officer or member of any
			 committee defined under Iowa Code chapter 68A is prohibited.
(5) Public personal endorsement of a
			 candidate or publicly taking a position in support of or opposition to a ballot
			 issue is prohibited. This subrule does not prohibit a member of the board or
			 staff from making a public personal endorsement of a federal candidate or a
			 federal ballot issue since the board has no jurisdiction over federal
			 candidates or federal ballot issues. Members and staff of the board may attend
			 and participate in a presidential caucus.
(6) Serving as a delegate to a county or
			 state political party convention is prohibited.
(7) Except due to service on the board,
			 members of the board shall not be public officials or public
			 employees.
(8) Except due to
			 service on the board, members of the board shall not be registered lobbyists in
			 the state of Iowa.
(9) As the board
			 is defined as a "regulatory agency" under Iowa Code section
			 68B.2(23),
			 members and staff of the board shall comply with the requirements of Iowa Code
			 section
			 68B.4
			 and rule 351-6.11 (68B) prior to selling
			 or leasing goods, real estate, or services to individuals, associations, or
			 corporations subject to the board's regulatory authority.
(10) Members and staff of the board shall
			 comply with all of the requirements in Iowa Code chapters 68A and 68B, Iowa
			 Code section
			 8.7,
			 and rules adopted by the board.
(11) The prohibitions in this rule shall not
			 apply to the spouse or other family members of a board member or employee of
			 the board. However, actions by a spouse or other family member may create a
			 potential conflict of interest on the part of the board member or employee that
			 may necessitate recusal from a matter pursuant to Iowa Code section
			 68B.2A.
This rule is intended to implement Iowa Code sections
				68B.2A
				and
				68B.32.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.1 - 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 may include
				information discovered as the result of an investigation until such time as the
				final action of the board is ordered. Confidential records also include matters
				in litigation by the board and information conveyed as a result of the
				attorney/client relationship. Confidential records also include records or
				information contained in records that the board 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, by 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 executive director of
				the Iowa ethics and campaign disclosure board, who is the person lawfully
				delegated authority by the policy-setting board to act for the agency in
				implementing Iowa Code chapter 22.
"Open record"
means a record other than a
				confidential record.
"Personally identifiable information "
means
				information about or pertaining to an individual in a record that identifies
				the individual and that 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 is in the physical possession of the board.
"Record system "
means any group of records
				imder the control of the board 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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				access to open records. It also seeks to facilitate sound board determinations
				with respect to the handling of confidential records and the implementation of
				the fair information practices Act. The board is committed to the policies set
				forth in Iowa Code chapter 22, and board staff shall cooperate with members of
				the public in implementing the provisions of that chapter
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.4 - Procedures for Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
The following procedures for access to confidential records are
				in addition to those specified for all records in rule
				351-2.3
				(22,68A,68B).
(1)
Proof of
			 identity.
A person requesting access to a confidential record shall be
			 required to provide proof of identity.
(2)
Requests.
A request to
			 review a confidential record shall be in writing. A person requesting access to
			 a confidential record may be required to sign a certified statement or
			 affidavit enumerating the specific grounds justifying access to the
			 confidential record and to provide any proof necessary to establish relevant
			 facts. Such request may be referred to the full board for
			 consideration.
(3)
Request
			 denied.
When the custodian of a confidential record or the board
			 denies a request for access to a confidential record, in whole or in part, the
			 requester shall be notified in writing. The denial shall be signed by the
			 custodian of the confidential record and shall include:
a. The name and title or position of the
			 person or persons responsible for the denial and a brief citation to the
			 statute or other provision of law that prohibits disclosure of the
			 record;
b. A brief citation to the
			 statute vesting discretion in the custodian to deny disclosure of the record;
			 and
c. A brief statement of the
			 grounds for the denial to this requester
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.6 - Procedure by Which a Subject May Have Additions, Dissents or Objections Entered Into the Record

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, the subject shall have the
				right to have a written statement of additions, dissents or objections entered
				into the record. However, any additions, dissents or objections entered into
				the record shall not be considered evidence in a contested case proceeding. The
				subject shall send the statement to the Executive Director, Iowa Ethics and
				Campaign Disclosure Board, 510 East 12th Street, Suite lA, Des Moines, Iowa
				50319. The statement shall be dated and signed by the subject and shall include
				the subject's current address and telephone number
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
The subject of a confidential record may consent to board
				disclosure to a third party of that portion of the record concerning the
				subject. 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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When the board requests persons to supply information about
				themselves, the board shall notify those persons of the use that will be made
				of the information, which persons outside the board might routinely be provided
				this information, which parts of the requested information are required and
				which are optional, and the consequences of a failure to provide the
				information. Notice may be given in this chapter, on the written form used to
				collect the information, in a separate fact sheet or letter, in brochures, in
				formal agreements or contracts, in handbooks or manuals, orally, or by other
				appropriate means.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.9 - Disclosure Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open record.
An open
			 record is routinely disclosed without the consent of the subject.
(2)
Partial open record.
If
			 the board is prohibited from disclosing part of a document from inspection,
			 that part will not be disclosed and the remainder will be made available for
			 inspection.
(3)
Disclosure
			 of confidential record.
To the extent allowed by law, disclosure of a
			 confidential record may occur without the consent of the subject. Following are
			 instances when disclosure, if lawful, will generally occur without notice to
			 the subject:
a. For a routine use as defined
			 in rule
			 351-2.10 (22,68A,68B)
			 or in the notice for a particular record system.
b. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or imder the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if the head of the government agency or
			 instrumentality has submitted a written request to the board specifying the
			 record desired and the law enforcement activity for which the record is
			 sought.
c. To the legislative
			 services agency.
d. In response to
			 a court order or subpoena.
e. To a
			 recipient who has provided the board 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.
f. 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.
g. Disclosures in the course of employee
			 disciplinary proceedings.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.10 - 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 that is compatible
			 with the purpose for which the record was collected. "Routine use" includes
			 disclosures required to be made by statute other than Iowa Code chapter
			 22.
(2)
Examples of routine
			 uses.
To the extent allowed by law, the following are considered
			 routine uses of all board records:
a.
			 Disclosure to officers, employees, and agents of the board 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 initiative of the custodian,
			 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. Transfers of information within the board,
			 to other state and federal agencies, or to local units of government as
			 appropriate to administer the program for which the information is
			 collected.
d. Information released
			 to staff of federal and state entities for audit purposes or for purposes of
			 determining whether the board is operating a program lawfully.
e. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained, including
			 disclosure to the general public of information contained in reports required
			 to be filed by Iowa Code chapter 68A or 68B.
f. The following records are routinely
			 disseminated to members of the public:
(I)
			 Reports and statements filed by campaign committees as authorized by Iowa Code
			 chapter 68A.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.11 - 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 board disclosure of confidential records as provided in
			 rule
			 351-2.7
			 (22,68A,68B).
(2)
Complaints to public officials. A
letter from a subject of a
			 confidential record to a public official that seeks the official's intervention
			 on behalf of the subject in a matter that involves the board 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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing of request.
The subject of a confidential record may
			 file a written request to review a confidential record about that person as
			 provided in rule
			 351-2.6
			 (22,68A,68B). However, the board need not release the following records to the
			 public:
a. The identity of a person providing
			 information to the board need not be disclosed directly or indirectly to the
			 subject when the information is authorized to be held confidential pursuant to
			 Iowa Code section
			 22.7(18)
			  or other provision 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
			 Iowa Code section
			 22.7(5).
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Board records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection:
a. Sealed bids received prior to the time set
			 for public opening of bids under Iowa Code section
			 72.3.
b. Tax records made available to the board
			 under Iowa Code sections
			 422.72
			 and
			 422.20.
c. Records that are exempt from disclosure
			 under Iowa Code section
			 22.7.
d. Agendas, minutes and tape recordings of
			 closed meetings of a government body pursuant to Iowa Code subsection
			 21.5(4).
e. Records that constitute attorney work
			 product, attorney-client communications, or that are otherwise privileged.
			 Attorney work product is confidential under Iowa Code sections
			 22.7(4),
			 622.10,
			 and
			 622.11.
			 Attorney-client communications are confidential under Iowa Code sections
			 622.10
			 and
			 622.11, the rules
			 of evidence, and the Code of Professional Responsibility.
f. Those portions of the board's staff
			 manuals, instructions or other statements issued that set forth criteria or
			 guidelines to be used by the board staff in auditing, in making inspections, in
			 settling commercial disputes or negotiating commercial arrangements, or in the
			 selection or handling of cases, such as operational tactics or allowable
			 tolerances or criteria for the defense, prosecution or settlement of cases,
			 when disclosure of these statements would:
(1) Enable law violators to avoid
			 detection;
(2) Facilitate disregard
			 of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the board.
g. Identifying details in final orders,
			 decisions and opinions to the extent required to prevent a clearly unwarranted
			 invasion of personal privacy or trade secrets under Iowa Code section
			 17A.3(1)
"d. "
h. Any other records made confidential by
			 law.