reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 22 - Low-income Home Energy Assistance Program (LIHEAP) › Rule 421-22.5 - Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Types
			 of payments.
The following types of energy assistance payments may be
			 made:
a. To suppliers on behalf of eligible
			 households. The client's assistance shall remain as a credit on the client
			 account until the program assistance is expended or the account is
			 terminated.
b. Eligible households
			 that pay an undesignated portion of the rent toward energy costs will receive
			 assistance sent directly to the secondary vendor.
c. Direct payments may be made to eligible
			 households as outlined in the Iowa LIHEAP Policy and Procedures
			 Manual.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 22 - Low-income Home Energy Assistance Program (LIHEAP) › Rule 421-22.6 - Change in Status

Current through Register Vol. 47, No. 3, July 24, 2024
The level of assistance for the program year will be determined
				based on the household's circumstances at the time of approval. If a household
				moves, a household of one passes away, or a household moves to a different
				service territory, etc., after applying for the program, the process outlined
				in the Iowa LIHEAP Policy and Procedures Manual is to be
				followed.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 22 - Low-income Home Energy Assistance Program (LIHEAP) › Rule 421-22.7 - Vendor Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
A signed utility vendor agreement must be on file with the LAA
				before payments may be made to the vendor. If a fuel supplier does not sign a
				vendor agreement, a direct payment may be made to the eligible applicant. In
				cases where a vendor has not complied with all provisions of the vendor
				agreement, the state may approve direct payments to clients as an
				alternative.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 22 - Low-income Home Energy Assistance Program (LIHEAP) › Rule 421-22.8 - Crisis Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
To be eligible for crisis assistance, a household must file an
				application, meet the income guidelines of LIHEAP, and meet the definition of
				"crisis" as defined in the Iowa LIHEAP Policy and Procedures Manual.
(1)
Definition.
"Energy crisis"
means weather-related and
				supply shortage emergencies and other household-related emergencies, as defined
				in the current Iowa LIHEAP State Plan, including: a nonworking heating system,
				a temporary need for alternate shelter, disconnection from utility service,
				disconnection from utility service imminent, low or empty propane tank, and,
				when medically necessary, a window/portable air-conditioning unit or a repair
				of an existing central air unit.
(2)
Evaluation.
Each crisis
			 application will be evaluated individually by the LAA, who shall determine the
			 appropriate resolution and the amount of assistance to be provided, as defined
			 by the current Iowa LIHEAP State Plan and Iowa LIHEAP Policy and Procedures
			 Manual.
(3)
Appeal
			 procedure.
Any household which has been denied crisis assistance may
			 utilize the LIHEAP appeal procedure as described in rule 421-22.10 (216A, PL
			 97-35, PL 98-558).
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 22 - Low-income Home Energy Assistance Program (LIHEAP) › Rule 421-22.9 - Assurance 16 Activities

Current through Register Vol. 47, No. 3, July 24, 2024
LIHEAP customer services that encourage and enable households
				to reduce their home energy needs, and thereby reduce their need for energy
				assistance, shall be provided as assurance 16 activities. Services may include
				conservation education, referrals to other programs, needs assessment, budget
				counseling, vendor negotiations, energy assessment, energy plans, and low-cost
				energy efficiency measures.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 22 - Low-income Home Energy Assistance Program (LIHEAP) › Rule 421-22.10 - Appeal and Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The following appeal and hearing procedures shall be
				used.
(1) An applicant may initiate an
			 appeal if the application was denied or if incorrect facts or improper
			 procedures were used to determine eligibility, assistance amounts, or services.
			 The applicant has 30 calendar days from the date of the approval or denial
			 letter to appeal that decision by mailing or delivering the request for appeal
			 to the LAA at which the application was made.
(2) If the LAA neither approves nor denies
			 the application within 30 calendar days of receipt of a complete application,
			 the applicant may treat the failure to act as a denial. The applicant then has
			 30 additional calendar days to appeal.
(3) To appeal, the applicant (claimant) must
			 submit a written appeal to the LAA at which the applicant applied and include
			 the action the applicant would like taken and any other information which might
			 affect the decision. Those claimants unable to read or write shall have the LAA
			 assist them in reading, writing, or understanding appeals and hearings and
			 their associated procedures.
(4)
			 The LAA will act on the claimant's request and notify the claimant of the
			 result in writing within seven calendar days of the date an appeal was
			 requested (postmark date if sent in mail).
(5) If the claimant does not agree with the
			 decision reached, the claimant may write the LAA within 14 calendar days of the
			 decision (postmark date if sent in mail) and request that a state hearing be
			 held with the division. The claimant must explain in writing why the agency's
			 decision is being appealed and include any information which might affect the
			 decision.
(6) The LAA will forward
			 all information about the request for a hearing to the division, and a hearing
			 will be scheduled within 14 calendar days of receipt of the appeal and request
			 for a hearing. The claimant will receive written notice of a scheduled state
			 hearing from the division. The notice will include the date, time, and place of
			 the hearing. State hearings may be held by telephone at a mutually convenient
			 time or in person. During the hearing, all information will be reviewed and a
			 decision will be rendered by the division within seven calendar days.
(7) The claimant may appeal the decision of
			 the division to the Iowa department of inspection and appeals. The claimant
			 must submit a written appeal to the division within seven calendar days
			 (postmark date if sent in mail) of receiving the division's decision. The
			 division will follow the appeal procedures outlined in this chapter.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 22 - Low-income Home Energy Assistance Program (LIHEAP) › Rule 421-22.11 - Further Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa LIHEAP State Plan, the Iowa LIHEAP Policy and
				Procedures Manual, and assistance award criteria for the program are
				incorporated by reference as part of these rules. If any rule in this chapter
				conflicts with federal law or rule, federal law or rule shall
				prevail.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 23 - Weatherization › Rule 421-23.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to the Energy Conservation and Production Act, P.L.
				94-385; the Omnibus Budget Reconciliation Act, P.L. 98-558; and Iowa Code
				section
				216A.99,
				the department of human rights (department), division of community action
				agencies (division), will administer the weatherization assistance
				program.
The purpose of the program is to reduce heating and cooling
				costs for low-income households, particularly those with elderly members,
				persons with disabilities, or young children, by improving the energy
				efficiency of their homes while ensuring their health and
				safety.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 23 - Weatherization › Rule 421-23.2 - Eligible Households

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 household occupying a dwelling unit is eligible for assistance under the
			 weatherization assistance program if the household:
a. Has an annual income no higher than 200
			 percent of the federal poverty guidelines determined in accordance with
			 criteria established by the Director of the Office of Management and Budget
			 (OMB).
b. Is receiving supplemental
			 security income (SSI) or family investment program (FIP) assistance, regardless
			 of income.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 23 - Weatherization › Rule 421-23.3 - Local Administering Agencies (LAAs)

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The division shall administer the program
			 by utilizing community action agencies (CAAs), their approved subcontractors,
			 or other public or nonprofit entities that have shown the ability or have the
			 capacity to undertake a timely and effective weatherization program. Program
			 funds shall be used for the purchase and installation of weatherization
			 materials; training and technical assistance; administration; and supportive
			 services.
(2) LAAs will be required
			 to sign a contractual agreement which specifies required and allowable program
			 activities, including U.S. Department of Energy regulations, special
			 conditions, participant forms, program and fiscal reporting, and audit
			 requirements.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 23 - Weatherization › Rule 421-23.4 - Application Period

Current through Register Vol. 47, No. 3, July 24, 2024
Households may apply for weatherization assistance between
				October 1, or the first working day of October, and September 30, or the last
				working day of September, as defined in the annual Weatherization Assistance
				Program State Plan.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 23 - Weatherization › Rule 421-23.5 - Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Duplicate and fraudulent payment control.
Each LAA is required
			 to provide a system to monitor and prevent possible duplicate and other
			 fraudulent applications and payments. Duplication cross-checks shall be based
			 on the unique client/vendor identifier.
(2)
Referrals.
Each LAA is
			 required to refer all suspected cases of fraud, including duplicate payments,
			 overpayments, and fraudulent statements on applications, to the division for
			 investigation.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 23 - Weatherization › Rule 421-23.6 - Appeal and Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The following appeal and hearing procedures shall be
				used.
(1) When an applicant is denied
			 assistance or wishes to file a complaint about the quality or extent of work
			 performed, the applicant has 30 days from the date of the denial letter or
			 completion of the work to appeal that decision by mailing or delivering the
			 request for appeal to the LAA. Appeals for quality of work performed shall be
			 subject to warranty requirements of the LAA and its subcontractors.
(2) If the LAA neither approves nor denies an
			 appeal within 30 calendar days of receipt, the applicant may treat the failure
			 to act as a denial. The applicant then has 30 additional calendar days to
			 appeal.
(3) To appeal, the
			 applicant (claimant) must submit a written appeal to the LAA through which
			 weatherization services were provided and include the action the applicant
			 would like taken and any other information which might affect the decision.
			 Those claimants unable to read or write shall have the LAA assist them in
			 reading, writing or understanding appeals and hearings and their associated
			 procedures.
(4) The LAA will act on
			 the claimant's request and notify the claimant of the result in writing within
			 30 calendar days of the date an appeal was requested (postmark date if sent in
			 mail).
(5) If the claimant does not
			 agree with the decision reached, the claimant may write the LAA within 14
			 calendar days of the decision (postmark date if sent in mail) and request that
			 a state hearing be held with the division. The claimant must explain in writing
			 why the agency's decision is being appealed and include any information which
			 might affect the decision.
(6) The
			 LAA will forward all information concerning the request for hearing to the
			 division, and a hearing will be scheduled within 14 calendar days of receipt of
			 the appeal and request for a hearing. The claimant will be sent written notice
			 of the date, time, and place of the hearing. State hearings may be held by
			 telephone at a mutually convenient time or in person. At the hearing, all
			 information will be reviewed and a decision rendered by the division within
			 seven calendar days.
(7) The
			 claimant may appeal the decision of the division to the Iowa department of
			 inspection and appeals. The claimant must submit a written appeal to the
			 division within seven calendar days (postmark date if sent in mail) of
			 receiving the division's decision. The division will follow the appeal
			 procedures outlined in this chapter.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 23 - Weatherization › Rule 421-23.7 - Further Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
The Weatherization Assistance Program State Plan and
				Weatherization Assistance Program Policy and Procedures Manual are incorporated
				by reference as part of these rules. If any rule in this chapter conflicts with
				federal law or rule, the federal law or rule shall prevail.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 24 - Family Development and Self-sufficiency (FaDSS) Program › Rule 421-24.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, unless the context otherwise
				requires:
"Applicant"
means a public or private
				organization that applies for a family development and self-sufficiency grant
				through the request for proposal process.
"Council"
means the family development and
				self-sufficiency council.
"Department"
means the department of human
				rights.
"Division"
means the division of community
				action agencies of the department of human rights.
"Grant"
means an award approved by the council
				to fund a family development and self-sufficiency project.
"Grantee"
means an applicant whose proposal is
				selected by the council and who enters into a grant agreement with the
				division.
"Program"
or
"FaDSS program"
means the family development and self-sufficiency (FaDSS) program.
"Proposal"
or
"grant
				proposal"
means an application for grant funds to fund specific
				projects.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 24 - Family Development and Self-sufficiency (FaDSS) Program › Rule 421-24.3 - Council Terms and Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Terms of office.
Unless
			 otherwise provided by law, terms of members, election of officers, and other
			 procedural matters shall be as determined by the council pursuant to Iowa Code
			 section
			 216A.107(2).
a. The term of office for the members of the
			 council selected by the other members of the council pursuant to Iowa Code
			 sections
			 216A.107(1)
"f"
to
"h"
and
"l"
shall be
			 three years. Such members whose terms expire may be reappointed and shall
			 receive actual expenses incurred while serving in their official capacity,
			 subject to statutory limits. The members as specified under Iowa Code sections
			 216A.107(1)
"f"
and
"g"
shall also receive per diem
			 compensation as provided in Iowa Code section
			 7E.6.
b. The term of office of a legislative member
			 of the council shall end if the legislative member ceases to be a member of the
			 general assembly.
c. Vacancies in
			 membership of the council shall be filled in the same manner as the original
			 appointment.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 24 - Family Development and Self-sufficiency (FaDSS) Program › Rule 421-24.4 - Identification of Conditions and Criteria for Families at Risk

Current through Register Vol. 47, No. 3, July 24, 2024
The council has identified the following conditions and
				criteria which may place families at risk of instability or of dependency on
				the family investment program:
(1)
Educational level of head of household.
a. Head of household has less than a high
			 school education.
b. Head of
			 household lacks basic literacy skills.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 24 - Family Development and Self-sufficiency (FaDSS) Program › Rule 421-24.5 - Referral of Families

Current through Register Vol. 47, No. 3, July 24, 2024
Families who meet one or more of the conditions and criteria
				identified in rule 421-24.4 (216A) may be referred to the program by the
				department of human services, the department of workforce development, family
				self-referral, or other sources. The department of human services shall provide
				to the division on a monthly basis a list of families who are identified as
				receiving family investment program benefits and who are not currently
				participating in the FaDSS program.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 24 - Family Development and Self-sufficiency (FaDSS) Program › Rule 421-24.6 - Funding of Grants

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Availability of funds.
The council shall develop requests for
			 proposals for the awarding of grants, subject to availability of funds. Grants
			 shall not exceed 36 months; however, the division shall approve grantee budgets
			 on an annual basis, based upon and subject to available funds.
(2)
Grant application
			 process.
Applications for grants shall be distributed by the division
			 through a request for proposals. Applicants shall submit proposals to the
			 division in accordance with instructions. Applications shall be submitted by
			 mail or hand delivery to the Bureau of Community Services, Division of
			 Community Action Agencies, Department of Human Rights, Second Floor, Lucas
			 State Office Building, Des Moines, Iowa 50319, by the date and time indicated
			 in the request for proposals.
(3)
Grant proposals.
Grant proposals for the program shall include
			 the following elements:
a. Designation of the
			 families to be served that meet one or more criteria for being at risk of
			 family instability or of dependency on the family investment program, and
			 agreement to serve families who are referred by the department of human
			 services from the family investment program and who meet the
			 criteria.
b. Designation of the
			 services to be provided for the families served, including assistance regarding
			 job-seeking skills, family budgeting, nutrition, self-esteem, methamphetamine
			 education, health and hygiene, parenting and child education preparation, and
			 goal-setting. Proposals shall indicate the support groups and support systems
			 to be developed for the families during the transition between the need for
			 assistance and self-sufficiency.
c.
			 Designation of the manner in which other needs of the families will be provided
			 for, including but not limited to child care assistance, transportation,
			 substance abuse treatment, support group counseling, food, clothing, and
			 housing.
d. Designation of the
			 process for training of staff that provides services and the appropriateness of
			 training for the purposes of meeting family development and self-sufficiency
			 goals of the families served.
e.
			 Designation of the support available within the community for the program and
			 for meeting subsequent needs of families and the manner in which community
			 resources will be made available to the families served.
f. Designation of the manner in which the
			 program will be subject to audit and evaluation.
g. Designation of agreement provisions for
			 tracking and reporting performance measures.
h. Description of project budget. Budgets
			 must conform to all applicable state and federal requirements regarding
			 allowable costs.
i. Description of
			 overall organizational capacity to successfully meet program goals, including
			 personnel and fiscal management capacity.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 24 - Family Development and Self-sufficiency (FaDSS) Program › Rule 421-24.7 - Grants Not Renewed and Grants Terminated or Reduced

Current through Register Vol. 47, No. 3, July 24, 2024
If the council determines that a grantee's project funding will
				not be renewed or if the council terminates or reduces a grantee's funding, the
				balance of funds not renewed or terminated or reduced shall be awarded by the
				council to other grantees for which funding is approved, based on criteria
				approved by the council. In the event no previously approved grantees have been
				selected, the council shall fund new grantees selected by the council as a
				result of a competitive grant application process.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 24 - Family Development and Self-sufficiency (FaDSS) Program › Rule 421-24.8 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants dissatisfied with the council's actions regarding
				grant proposals for funds and grantees dissatisfied with termination of a
				contract may appeal the council's decision. The letter appealing the decision
				shall be submitted to the division within ten business days of the date of the
				notice of decision. The appeal must be based on a contention that the process
				violated state or federal law, policy, or rule; did not provide adequate public
				notice or was altered without adequate public notice; or involved conflict of
				interest or was biased or unfair. The appeal must specify the basis for the
				appeal and must include supporting evidence. Within 15 working days of the
				receipt of the appeal, the director of the department shall issue a final
				decision.
In the case of a grant award, no disbursements will be made to
				a grantee for a period of ten calendar days following issuance of the notice of
				decision to award. If an appeal is filed within the ten days, all disbursements
				will be held pending a final decision on the appeal. All applicants will be
				notified if an appeal is filed.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 24 - Family Development and Self-sufficiency (FaDSS) Program › Rule 421-24.9 - Contract With Grantee

Current through Register Vol. 47, No. 3, July 24, 2024
Funds for grants approved by the council shall be awarded
				pursuant to a contract entered into by the division and the grantee.
(1)
Negotiation.
The
			 division shall conduct contract negotiations with the selected applicant,
			 including negotiations regarding possible modifications to a grant
			 proposal.
(2)
Withdrawal of
			 contract offer.
If the applicant and the division are unable to
			 successfully negotiate a contract, the council may withdraw the award offer and
			 award the grant to the applicant with the next-highest-scoring
			 proposal.
(3)
Contract
			 revisions.
The division and the grantee may negotiate revisions to the
			 contract to allow for nonmaterial expansion or modification of services so long
			 as such revisions do not increase the total amount of the grant. The division
			 shall have the right to approve an amendment to the contract budget moving
			 grant funds between budget line items if the funds represent more than 10
			 percent of the budget line item.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 24 - Family Development and Self-sufficiency (FaDSS) Program › Rule 421-24.10 - Grantee Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Marketing.
The grantee shall be responsible for marketing its
			 services to referral sources and to families who have been referred to the
			 program. All marketing plans, procedures, and material used by the grantee must
			 be approved in writing by the division prior to use.
(2)
Selection of families.
Grantees shall serve referred families who meet one or more of the risk
			 criteria, subject to capacity limitations. For the families who voluntarily
			 agree to participate in the program, the grantee is responsible to timely
			 notify the division through the FaDSS data system of the enrollment. This
			 notification shall identify the families in the department's database who are
			 receiving grantee services.
(3)
Record management.
The grantees shall maintain records which
			 include, but are not limited to:
a. Specific
			 family information.
b. Specific
			 services provided.
c. Fiscal
			 records of expenditures.
d. Any
			 other specific records as may be determined necessary by the
			 division.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 24 - Family Development and Self-sufficiency (FaDSS) Program › Rule 421-24.11 - Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
The grantee shall be evaluated by the division at least once
				prior to the end of each 12-month period of the contract. The purpose of the
				evaluation is to evaluate the progress of the grantee toward the stated goals
				and objectives of the project, as well as other matters relating to contractual
				obligations. The grantee shall receive a written report of the evaluation from
				the division.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 25 - Individual Development Account (IDA) › Rule 421-25.2 - Establishment of Individual Development Accounts

Current through Register Vol. 47, No. 3, July 24, 2024
An investment account qualifies as an IDA when it is
				established and operates in accordance with the following:
(1)
Operating organization.
The investment account shall be established through an operating
			 organization.
(2)
Account.
The account shall be opened at a financial
			 institution and kept in the name of an individual account holder.
(3)
Deposits.
Deposits made
			 to an IDA are also known as sources of principal and shall be made in any of
			 the manners indicated in the definition of "source of principal" in rule
			 421-25.1 (541A).
(4)
Investment of funds.
The funds deposited in the IDA may be
			 invested in any investment that the financial institution is authorized to
			 offer to the public.
(5)
Income.
The account earns income.
(6)
Maximum deposits of
			 principal.
The total of all sources of principal in an individual
			 development account may not exceed $30,000.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 25 - Individual Development Account (IDA) › Rule 421-25.3 - Individual Development Account State Match Fund

Current through Register Vol. 47, No. 3, July 24, 2024
An individual investment account state match fund is created in
				the state treasury under the authority of the division, the administrator of
				the IDA program. Funds in the state match fund shall be used by the division to
				provide the state match payment for account holder deposits in accordance with
				Iowa Code section
				541A.3
				and for the costs of administration of the IDA program. At least 85 percent of
				the funds appropriated to the state match fund shall be used for state match
				payments, and the remainder may be used for the administrative costs of the
				operating organization. Interest or earnings on moneys deposited in the state
				match fund shall be credited to the fund. Notwithstanding Iowa Code section
				8.33,
				moneys appropriated to the state match fund shall not revert to any other
				fund.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 25 - Individual Development Account (IDA) › Rule 421-25.4 - Eligibility, State Match Payments, and State Tax Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility based on countable
			 household income level.
Eligibility shall be based on the prospective
			 account holder's household income for the calendar year preceding the calendar
			 year in which the IDA will be opened. The household income shall not exceed 200
			 percent of the federal poverty level as published in the same year. If an
			 account holder's household income exceeds 200 percent of the federal poverty
			 level in any subsequent year following the year that the account holder
			 established the account, the account shall remain open, but the account holder
			 shall not be eligible to receive the state savings match payment for deposits
			 made during the year following the year when the household income exceeds 200
			 percent of the federal poverty level. If the prospective account holder files
			 an income tax return on a fiscal year basis, the household income must
			 nonetheless be computed on a calendar year basis.
(2)
Countable household
			 income.
a. The household's countable
			 income shall be the Iowa net income as defined in Iowa Code section
			 422.7,
			 with the following inclusions and exclusions:
(1) Inclusions to the extent not already
			 included in Iowa net income are as follows:
1.
			 Capital gains.
2.
			 Alimony.
3. Child support
			 money.
4. Cash public assistance
			 and relief, except property tax relief under Iowa Code chapter 425, subchapter
			 II.
5. The gross payment amount of
			 any pension or annuity including, but not limited to, railroad retirement
			 benefits.
6. Military retirement
			 and veterans' disability pensions.
7. Interest which is received from local,
			 state or federal government securities.
8. Workers' compensation.
9. The gross amount of disability income or
			 "loss of time" insurance.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 25 - Individual Development Account (IDA) › Rule 421-25.6 - Authorized Withdrawals of Principal and Income

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Approved purposes for withdrawal
			 of funds from an IDA.
An account holder may withdraw principal and
			 income earned on principal from an IDA only with the written approval of the
			 operating organization and only for the following approved purposes:
a. Educational costs at an accredited
			 institution of higher education, which costs include, but are not limited to,
			 tuition, laboratory fees or other fees for use of facilities, books, and other
			 supplies.
b. Training costs for an
			 accredited or licensed training program, or training program approved by the
			 division, which costs include, but are not limited to, tuition, laboratory fees
			 or other fees for use of facilities, books, and other supplies.
c. Purchase of a primary residence.
d. Capitalization of a small business
			 start-up.
e. An improvement to a
			 primary residence which increases the tax basis of the property.
f. Emergency medical costs for the account
			 holder or for a member of the account holder's family. However, only one
			 withdrawal from an IDA can be made for this purpose, and the amount of the
			 withdrawal shall not exceed 10 percent of the account balance at the time of
			 the withdrawal.
g. Purchase of an
			 automobile.
h. Purchase of
			 assistive technology, home or vehicle modification, or other device or physical
			 improvement to assist an account holder or family member with a
			 disability.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 25 - Individual Development Account (IDA) › Rule 421-25.7 - Notice of Nonapproved Withdrawals and Closure of the Account

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Nonapproved withdrawals and attempted withdrawals for nonapproved
			 purposes.
The financial institution shall notify the operating
			 organization within five calendar days of any withdrawals or attempted
			 withdrawals that appear to be nonapproved. The financial institution shall
			 refuse to release any funds that do not have the written authorization of
			 approval from the operating organization.
(2)
Closure of an IDA by the
			 operating organization.
The operating organization may close an IDA if
			 the operating organization determines any of the following:
a. The account holder has withdrawn funds
			 from the account for a purpose not authorized by subrule 25.6(1), or funds have
			 been withdrawn under false pretenses and have been used for purposes other than
			 for the approved purposes indicated at the time of the withdrawal.
b. There has been no activity in the IDA
			 during the preceding 12 months.
c.
			 The account holder has not complied with the terms of an IDA participation
			 agreement between the account holder and the operating organization, after
			 being provided notice of the requirement to comply with the agreement by the
			 operating organization.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 25 - Individual Development Account (IDA) › Rule 421-25.8 - Transfers of Assets of an Ida

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Transfers by an adult account
			 holder.
An adult account holder may transfer all or part of the assets
			 in the adult account holder's IDA to any other account holder's IDA. Upon
			 compliance by the operating organization and financial institution with the
			 requirements of rule 421-25.6 (541A), IDA account holders who have transferred
			 funds into another individual's IDA account and any beneficiaries of the
			 transferee's IDA account shall sign a waiver of liability form releasing the
			 operating organization and the financial institution from civil liability and
			 responsibility for the wrongful withdrawals of funds by the account holder due
			 to the account holder's false representation of the purpose of the withdrawal,
			 resulting in the loss to the account balance of deposited principal funds,
			 including individual and charitable contributions, transferred funds, and the
			 state match payments.
(2)
No transfers of assets from a minor account holder's IDA.
Neither a minor account holder nor the parents or legal guardian of such minor
			 account holder shall have the right or ability to transfer assets from the
			 minor account holder's IDA to the IDA of any other account holder.
(3)
Transfers when the account holder
			 dies.
At the time an IDA is established, the account holder shall name
			 a contingent beneficiary(ies) or an account holder transferee to whom the
			 assets of the account holder's IDA shall be transferred upon the account
			 holder's death. Upon the account holder's death, the account assets shall be
			 transferred to the named contingent beneficiary or to the transferee's IDA, as
			 applicable. A named beneficiary or transferee may be changed at the discretion
			 of the account holder. If the named beneficiary or transferee is deceased or
			 otherwise does not accept the transfer, the assets of the deceased account
			 holder's IDA shall be transferred to the IDA state match fund.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 30 - Functions of Division › Rule 421-30.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, unless the context otherwise
				requires:
"Administrator"
means the administrator of the
				division of criminal and juvenile justice planning within the department of
				human rights.
"Council"
means an advisory council or board
				established in Iowa Code chapter 216A, subchapter VIII.
"Department"
means the department of human
				rights.
"Director"
means the director of the
				department of human rights.
"Division"
means the division of criminal and
				juvenile justice planning within the department of human rights.
"Juvenile justice advisory council"
or
"JJAC"
means the state advisory group described in P.L.
				93-415, Section
				223(a)(3), and established through executive
				memorandum to oversee the administration of the Juvenile Justice and
				Delinquency Prevention Act (JJDPA) formula grants in Iowa.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 30 - Functions of Division › Rule 421-30.2 - Functions of the Division

Current through Register Vol. 47, No. 3, July 24, 2024
The division of criminal and juvenile justice planning is under
				the direction of an administrator, who reports to the director. The division's
				functions include identifying issues to improve the criminal and juvenile
				justice system through planning, research, data analysis, policy, youth
				development, and grant administration.
The functions of the division are described in Iowa Code
				chapter 216A, subchapter VIII.
(1) The
			 division shall provide staff support to the councils and the JJAC and shall
			 assist them with the coordination of their efforts. Additionally, the division
			 shall perform functions consistent with the duties and requirements outlined in
			 Iowa Code chapter 216A, subchapter VIII; the Juvenile Justice and Delinquency
			 Prevention Act, P.L. 93-415; and other relevant federal and state
			 requirements.
(2) The division
			 shall establish and maintain procedures to collect and report all instances of
			 juvenile detention and confinement occurring in the state of Iowa consistent
			 with P.L. 93-415, Section 223(a) (15). The
			 monitoring function shall include the following:
a. The division shall collect relevant
			 self-report information and perform on-site verification of data from jails,
			 police lockups, juvenile detention facilities, state training schools, mental
			 health institutes, locked residential treatment facilities for youth, and other
			 secure facilities.
b. Through
			 written agreement, the jail inspection unit of the department of corrections
			 shall provide the division and the specific jails and lockups with
			 certification of their ability to separate juveniles and adults, consistent
			 with P.L. 93-415, Section 223(a)
			 (12)(A).
c. Through written
			 agreement, the department of human services shall provide information to the
			 division on holdings relative to P.L. 93-415,
			 Section
			 223(a) (11), in contracted private facilities
			 that the department of human services has the authority to license.
d. Through written agreement, the department
			 of human services shall provide information to the division on holdings
			 relative to P.L. 93-415, Section 223(a) (11), in
			 state institutions that the department of human services
			 administers.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 30 - Functions of Division › Rule 421-30.3 - Functions and Activity of the Councils

Current through Register Vol. 47, No. 3, July 24, 2024
The councils are established by Iowa Code chapter 216A,
				subchapter VIII, and are charged with the responsibility to identify and
				analyze justice system issues of concern; develop and assist others in
				implementing recommendations and plans for system improvement; and provide for
				a clearinghouse of justice system information to coordinate with data resource
				agencies and to assist others in the use of justice system data. The councils
				shall advise the division on its administration of state and federal grants and
				appropriations and shall carry out other functions consistent with Iowa Code
				chapter 216A, subchapter VIII.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 30 - Functions of Division › Rule 421-30.4 - Functions and Activities of the Jjac

Current through Register Vol. 47, No. 3, July 24, 2024
The JJAC is established through executive memorandum pursuant
				to P.L. 93-415 to advise the division on juvenile justice issues; make
				recommendations to the governor and legislature; review and comment on the
				division's reporting of Iowa's compliance with the requirements of P.L. 93-415,
				Sections
				223(a) (11), (12), (13), (14) and (23);
				advise the division on its administration of state and federal grants and
				appropriations; supervise the division's administration of federal funds
				received from the Office of Juvenile Justice and Delinquency Prevention (OJJDP)
				established in P.L. 93-415; and carry out other functions consistent with P.L.
				93-415.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 30 - Functions of Division › Rule 421-30.5 - Council and Jjac Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Notice of meetings of councils and the JJAC shall be published 24 hours in
			 advance of the meeting and will be mailed to interested persons upon request.
			 The notice shall contain the specific date, time, and place of the meeting.
			 Agendas shall be available by mail from the division to any interested persons
			 if requested not less than five days in advance of the meeting. All meetings
			 shall be open to the public unless a closed session is voted by two-thirds of
			 the entire membership or by all members present for one of the reasons
			 specified in Iowa Code section
			 21.5. Special or
			 electronic meetings may be called by the chairperson upon a finding of good
			 cause and shall be held in accordance with Iowa Code section
			 21.8.
			 Meetings of councils and the JJAC shall be governed by the following
			 procedures:
a. Persons wishing to appear
			 before a council or the JJAC shall submit the request to the respective council
			 not less than five days prior to the meeting. Presentations may be made at the
			 discretion of the respective chairperson and only upon matters appearing on the
			 agenda.
b. Persons wishing to
			 submit written material shall do so at least five days in advance of the
			 scheduled meeting to ensure that council or JJAC members have adequate time to
			 receive and evaluate the material.
c. At the conclusion of each meeting, the
			 time, date, and place of the next meeting shall be set unless the next meeting
			 was previously scheduled and announced.
d. Cameras and recording devices may be used
			 at open meetings provided they do not obstruct the meeting. The chairperson may
			 request a person using such a device to discontinue its use when it is
			 obstructing the meeting. If the person fails to comply with this request, the
			 presiding officer shall order that person excluded from the meeting.
e. The chairperson may exclude any person
			 from the meeting for repeated behavior that disrupts or obstructs the
			 meeting.
f. Other meeting protocol
			 and procedures consistent with this subrule and Iowa Code chapter 21 may be
			 established by the councils or the JJAC through bylaws approved by a majority
			 of the members subject to the bylaws.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.2 - Purpose and Goals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 purpose of the juvenile justice and youth development program is to assist the
			 state in the establishment and operation of juvenile crime prevention programs;
			 provide for greater accountability in the juvenile justice system; promote
			 positive youth development; and comply with the JJDPA core requirements
			 regarding the deinstitutionalization of status offenders, sight and sound
			 separation of adults and juveniles in secure facilities, prohibitions on the
			 use of adult jails to hold juveniles, and the disproportionate confinement of
			 minority youth.
(2) The primary
			 goal of the coordinated juvenile justice and prevention program is to promote
			 positive youth development by helping communities provide their children,
			 families, neighborhoods, and institutions with the knowledge, skills, and
			 opportunities necessary to foster healthy and nurturing environments that
			 support the growth and development of productive and responsible citizens.
			 Other specific goals of this program are to reduce youth violence, truancy,
			 involvement in criminal gangs, substance abuse and other delinquent
			 behavior.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.3 - Program Funding Distribution

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The division shall distribute funds available for this program through the
			 following methods:
a. Competitive
			 grants.
b. Formula-based
			 allocations.
c. Sole source
			 contracts.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.6 - Sole Source Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
The division may determine, because of the nature of a certain
				problem or desired programmatic response, that a competitive grant or
				formula-based allocation process would not be the most appropriate or
				expeditious process through which to award funds. In such cases, the division
				may seek out a potential subgrantee with which it can develop a sole source
				contract for services. The division shall be alert to organizational conflicts
				of interest and noncompetitive practices among contractors that may restrict or
				eliminate competition or otherwise restrain trade. The division's awarding and
				administration of any sole source contract shall be governed by all relevant
				state and federal laws and regulations.
Iowa Administrative Code › Agency 421 - Human Rights Department › Chapter 31 - Juvenile Justice Youth Development Program › Rule 421-31.7 - Program Funding Sources and Related Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Sources of funding may include state,
			 federal, and other funds made available to the division for the purpose of
			 assisting units of local government, judicial districts, and local public
			 planning entities in improving the criminal and juvenile justice systems. The
			 division may combine funding from federal and state appropriations and grant
			 programs to distribute through any of the methods outlined in rule 421-31.3
			 (216A, 232, PL 93-415), as allowable by the sources of the funds.
(2) Other funds. With the advice of the JJAC
			 and the councils, the division shall, consistent with applicable state and
			 federal law and regulation, determine the distribution methods, eligible
			 applicants and any allocation formulas to be used when making such funding
			 available.