reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 10 - Organization and Powers of the Iowa Consumer Credit Administrator › Rule 61-10.7 - Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
If it appears, upon information brought to the attention of the
				consumer credit code administrator, that a person has engaged in conduct or
				committed an act or omission in violation of the Iowa consumer credit code, the
				administrator may, pursuant to Iowa Code sections
				537.6105
				and
				537.6106,
				begin an investigation to determine whether the conduct is being engaged in, or
				has been engaged in or committed, and to determine the extent of the violation.
				The consumer credit code administrator may utilize all investigatory powers
				available, including those set forth in sections
				537.6105
				and
				537.6106 of
				the Iowa consumer credit code.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 10 - Organization and Powers of the Iowa Consumer Credit Administrator › Rule 61-10.8 - Enforcement Actions

Current through Register Vol. 47, No. 3, July 24, 2024
If the consumer credit code administrator determines that a
				person is committing or has committed an act or omission in violation of the
				Iowa consumer credit code, the administrator may:
1. Take one or more of the actions provided
			 for in Iowa Code sections
			 537.6108
			 to
			 537.6113.
2. Take any action the consumer credit code
			 administrator deems appropriate which is designed to obtain voluntary
			 compliance with the Iowa consumer credit code.
3. Take any other action which is authorized
			 by the Iowa consumer credit code, or take no action, as the consumer credit
			 code administrator deems appropriate.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 11 - Iowa Consumer Credit Code Rule-making Procedures › Rule 61-11.1 - Rules in Harmony With Other Uniform Consumer Credit Code Jurisdictions

Current through Register Vol. 47, No. 3, July 24, 2024
The consumer credit code administrator shall advise and consult
				with consumer credit code administrators in other jurisdictions that enact the
				uniform consumer credit code and shall take into consideration the rules of
				administrators in other jurisdictions that enact the uniform consumer credit
				code.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 11 - Iowa Consumer Credit Code Rule-making Procedures › Rule 61-11.2 - Procedure for Adoption of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the power of the attorney general to adopt and amend
				rules, the consumer credit code administrator shall conduct rule making in
				accordance with the terms of the Iowa administrative procedure Act, Iowa Code
				sections
				17A.4
				to
				17A.8.
				These procedures do not apply to rules of an emergency nature adopted under
				section
				17A.5(2)
"b "
except to the extent
				that these procedures are required by law for rule making under these
				sections.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 11 - Iowa Consumer Credit Code Rule-making Procedures › Rule 61-11.3 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
Notice of intended action shall be given pursuant to the Iowa
				administrative procedure Act. A notice of intended action may designate a
				person within the agency to receive submissions and to respond to inquiries
				concerning the proposed rules.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 11 - Iowa Consumer Credit Code Rule-making Procedures › Rule 61-11.5 - Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
As part of the notice of intended action, the consumer credit
				code administrator may schedule a hearing.
(1)
Conduct of public
			 hearings.
When required to do so, or in the attorney general's
			 discretion, the consumer credit code administrator shall conduct a public
			 hearing. The hearing shall be conducted by and be under the control of a
			 presiding officer who shall be the consumer credit code administrator or a
			 person designated by the administrator. The presiding officer shall have
			 authority to take any action necessary for the orderly conduct of the hearing
			 including continuing the hearing to a later time or date without notice other
			 than by announcement at the hearing.
(2)
Record of hearing. A
record may be made of the hearing proceedings by mechanical or other
			 means.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 11 - Iowa Consumer Credit Code Rule-making Procedures › Rule 61-11.6 - Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
If requested to do so by an interested person either prior to
				adoption or within 30 days thereafter, the consumer credit code administrator
				shall issue a concise statement of the principal reasons for and against the
				adopted rule. Requests for a concise statement of reasons must be in writing
				addressed to the administrator of the Iowa consumer credit code and will be
				considered made on the date received. The request should indicate whether the
				statement is sought for all or part of the rule in question. The concise
				statement will be issued within a reasonable time from the date of the request.
				Where a request is received prior to adoption of the rule, the attorney general
				may either delay adoption until the statement is prepared or adopt the rules
				prior to issuance of the statement as deemed appropriate taking into account
				relevant factors including the need for the rule, the date the request was
				filed, the time required to prepare the statement, and the extent to which the
				statement would assist in deciding whether to adopt the rule.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 11 - Iowa Consumer Credit Code Rule-making Procedures › Rule 61-11.7 - Copies of Proposed Consumer Credit Code Rules

Current through Register Vol. 47, No. 3, July 24, 2024
A trade or occupational association, which has registered its
				name and address with the administrator of the Iowa consumer credit code, may
				receive, by mail, copies of proposed consumer credit code rules. Registration
				of the association's name and address with the consumer credit code
				administrator is accomplished by written notification to: The Administrator of
				the Iowa Consumer Credit Code, Consumer Protection Division, Department of
				Justice, Hoover State Office Building, Des Moines, Iowa 50319. In the written
				notification, the association must designate the type of proposed rules and the
				number of copies of each consumer credit code rule it wishes to receive. If the
				association wishes to receive copies of all proposed consumer credit code
				rules, it may make a blanket written request at the time of registration or at
				any time prior to the adoption of the rules. The association will be charged a
				fee to cover the actual cost of providing each copy of the proposed
				rule.
This rule does not prevent an association which has registered
				with the consumer credit code administrator in accordance with this rule from
				changing its designation of types of proposed consumer credit code rules or
				number of copies of proposed rules which the association desires to receive. If
				an association makes such changed designation, it must do so by written
				notification to: The Administrator of the Iowa Consumer Credit Code, Consumer
				Protection Division, Department of Justice, Hoover State Office Building, Des
				Moines, Iowa 50319.
This rule is intended to implement Iowa Code section
				17A.4(1)
"d. "
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 11 - Iowa Consumer Credit Code Rule-making Procedures › Rule 61-11.8 - Small Business Regulatory Impact

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration.
Small
			 businesses as defined in Iowa Code section
			 17A.4A, and
			 organizations representing at least 25 such small businesses may register with
			 the consumer credit code administrator to receive notice of proposed consumer
			 credit code rules that may have an impact on small business and to seek
			 qualification to request a regulatory flexibility analysis under section
			 17A.4A. The
			 request for registration shall be provided in writing to: The Administrator of
			 the Iowa Consumer Credit Code, Consumer Protection Division, Department of
			 Justice, Hoover State Office Building, Des Moines, Iowa 50319. Entities may
			 alternatively register with the deputy attorney general for administration if
			 registration is desired for all departmental rules.
The request shall include the following information:
a. The name of the small business or
			 organization requesting registration, its address and telephone number and an
			 individual or individuals to contact regarding the request.
b. A certification that the small business
			 meets the definition of small businesses under Iowa Code section
			 17A.4A or, in
			 the case of an organization which is also seeking qualification to request a
			 regulatory flexibility analysis, that it represents at least 25 entities
			 meeting the definition of a small business under that section. An organization
			 seeking to qualify to request a regulatory flexibility analysis shall provide
			 the name, address and telephone number of at least 25 qualifying
			 members.
c. A statement that the
			 small business or organization seeks registration for the purpose of seeking
			 notification of proposed consumer credit code rules that may have an impact on
			 small business and a statement whether it also seeks qualification to request a
			 regulatory flexibility analysis under Iowa Code section
			 17A.4A.
The consumer credit code administrator may request additional
				information to establish that the business or organization qualifies under Iowa
				Code section
				17A.4A either
				at the time the entity files the request for registration or at the time it
				files a request for a regulatory flexibility analysis.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 11 - Iowa Consumer Credit Code Rule-making Procedures › Rule 61-11.9 - Petitions for Adoption, Amendment or Repeal of a Rule

Current through Register Vol. 47, No. 3, July 24, 2024
Any interested person may petition the attorney general for the
				issuance, amendment or repeal of any consumer credit code
				rule.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 11 - Iowa Consumer Credit Code Rule-making Procedures › Rule 61-11.10 - Form and Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Content. A
petition for
			 rule making shall contain:
a.A caption in the
			 following form:
THE ADMINISTRATOR OF THE IOWA CONSUMER CREDIT CODE THE IOWA
				DEPARTMENT OF JUSTICE HOOVER STATE OFFICE BUILDING DES MOINES, IOWA
IN RE:__________(interested person's name)) IOWA CONSUMER
				CREDIT CODE
REQUEST FOR________________(adoption,) PETITION FOR RULE
				MAKING
amendment or repeal) OF RULE NUMBER) Docket No.
				__________________
_______________(if applicable)) (filled in by
				Administrator)
b.
			 Statements in separate numbered paragraphs of the following:
1. Petitioner's name and address;
2. The text of any proposed rule or amendment
			 identifying the section or sections of law involved or rule involved, or the
			 rule sought to be repealed;
3. The
			 reasons for seeking the requested action in detail, including any facts, views,
			 data or arguments deemed relevant;
4. The nature of petitioner's interest in the
			 subject matter;
5. The signature of
			 the petitioner or petitioner's representative.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 12 - Iowa Consumer Credit Code Declaratory Rulings › Rule 61-12.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
Any person who has a real and direct interest in a specific
				factual situation that may affect their legal rights, duties or
				responsibilities under any provisions of the Iowa consumer credit code or of
				any rule, other written statement of law, policy, decision or order issued
				pursuant to the Iowa consumer credit code may request a declaratory ruling from
				the consumer credit code administrator concerning the application or
				interpretation of any such statutory provision, rule or other written statement
				of law or policy, decision or order.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 12 - Iowa Consumer Credit Code Declaratory Rulings › Rule 61-12.2 - Effect of Declaratory Rulings

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory ruling by the consumer credit code administrator
				shall have a binding effect between the administrator and petitioner in
				situations in which the facts and applicable law are indistinguishable from
				those presented in the petition for declaratory ruling. As to all other
				parties, and in factual situations which are distinguishable from that
				presented in the petition, a declaratory ruling shall serve merely as
				precedent. The declaratory ruling becomes the final act of the consumer credit
				code administrator on the petition.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 12 - Iowa Consumer Credit Code Declaratory Rulings › Rule 61-12.3 - Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Format.
A petition for declaratory ruling shall be typewritten
			 or printed and shall contain a caption in the following form:
THE ADMINISTRATOR OF IOWA CONSUMER CREDIT CODE
THE IOWA DEPARTMENT OF JUSTICE
HOOVER STATE OFFICE BUILDING
DES MOINES, IOWA
IN RE: THE PETITION OF______________) IOWA CONSUMER CREDIT
				CODE
(state petitioner's name)) PETITION FOR
FOR A DECLARATORY RULING ON)DECLARATORY RULING
_______________(state rule number, statute for) Docket No.
				____________-
which interpretation sought, etc.)) (filled in by
				Administrator)
(2)
Contents.
The petition shall substantially state in separate,
			 numbered paragraphs:
a. The full name and
			 address of the petitioner;
b. The
			 question or questions upon which the petitioner requests a declaratory
			 ruling;
c. The section of the
			 consumer credit code, consumer credit code rule or written statement of law or
			 policy, decision or order of the consumer credit code administrator and the
			 particular aspect of it to which the request is addressed;
d. All relevant facts which give rise to the
			 petition;
e. Any other relevant
			 laws, rules or decisions;
f. All
			 reasons supporting or denying the applicability of the particular section of
			 the consumer credit code, consumer credit code rule or written statement or
			 policy, or decision or order of the consumer credit code administrator
			 involved;
g. The reasons prompting
			 the petition together with a full disclosure of petitioner's interest
			 therein;
h. Whether the question or
			 a related question is being considered or has been considered by any other
			 governmental entity of any state or the United States.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 12 - Iowa Consumer Credit Code Declaratory Rulings › Rule 61-12.4 - Procedure After Petition Is Filed

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial review.
Upon
			 filing of the petition, the consumer credit code administrator shall inspect
			 the petition for substantial compliance with the recommended form, and may, in
			 its discretion, reject a petition that fails to contain one or more of the
			 stated requirements. The consumer credit code administrator shall conduct an
			 initial review of the petition and may request the petitioner to provide
			 additional information or provide greater specificity. Additional information
			 may include relevant written data, views, arguments, or briefs. A request shall
			 be made within 21 days of the filing of the petition. If the requested
			 information is not provided to the consumer credit code administrator within 30
			 days of the petitioner's receipt of the request, the petitioner will be deemed
			 to have withdrawn the petition. Petitions not in substantial conformity with
			 the above rules shall be returned to the petitioner.
(2)
Acknowledgment of
			 receipt.
The consumer credit code administrator shall acknowledge
			 receipt of all petitions by certified or registered letter to the
			 petitioner.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 12 - Iowa Consumer Credit Code Declaratory Rulings › Rule 61-12.5 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 consumer credit code administrator may dismiss the petition or a portion
			 thereof and decline to issue a declaratory ruling for any reason which it deems
			 just and proper, including but not limited to the following:
a. There is no jurisdiction under the Iowa
			 consumer credit code.
b. The issues
			 are not clearly presented.
c. No
			 clear answer is determinable.
d.
			 The issue or issues presented are currently the subject of rule making, are
			 pending resolution by an opinion of the attorney general or are in litigation
			 in a contested case or court proceeding.
e. The petition does not state facts showing
			 that the petitioner is or will be aggrieved or adversely affected by an adverse
			 declaratory ruling on the issue presented.
f. The petition does not substantially comply
			 with the form prescribed in this rule.
g. The issuance of a declaratory ruling has
			 been rendered unnecessary as a result of a change in circumstances, fact or
			 law.
h. The petitioner requests a
			 declaratory ruling which, though technically binding only upon the consumer
			 credit code administrator and the petitioner, would necessarily determine the
			 legal rights of other persons who have not filed such a petition and whose
			 position on the issue may fairly be presumed to be adverse to the petitioner or
			 who are unrepresented in the declaratory proceeding.
i. The petitioner requests the consumer
			 credit code administrator to determine whether a section of the consumer credit
			 code is constitutional on its face.
j. The petition does not proceed on
			 hypothetical facts structured to aid in planning future conduct but instead
			 described past actions in order to establish their effect or challenges a
			 decision already made by the consumer credit code administrator.
k. The issue is more properly resolved in
			 another manner or by another entity.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 12 - Iowa Consumer Credit Code Declaratory Rulings › Rule 61-12.6 - Declaratory Ruling Format

Current through Register Vol. 47, No. 3, July 24, 2024
All declaratory rulings shall be in writing and shall state
				reasons in support of the ruling and shall be provided to the petitioner by
				certified mail. Rulings shall be mailed to other parties at the discretion of
				the consumer credit code administrator. Rulings shall be indexed and available
				for public inspection in the office of the consumer credit code
				administrator.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 14 - Insurance in Consumer Credit Transactions › Rule 61-14.1 - Involuntary Unemployment Insurance-conditions of Sale

Current through Register Vol. 47, No. 3, July 24, 2024
Premiums for involuntary unemployment insurance are permissible
				additional charges which may be excluded from the finance charge in a consumer
				credit transaction if all of the following conditions are met fully:
(1)
Insurance not a condition of
			 credit.
The involuntary unemployment insurance coverage is not a
			 factor in the extension of credit and this fact is clearly and conspicuously
			 disclosed in writing by the creditor to the consumer debtor.
(2)
Disclosures.
The
			 creditor has clearly and conspicuously disclosed to the consumer debtor the
			 following information:
a. The premium for the
			 initial term of insurance coverage; provided, the creditor may disclose the
			 premium on a unit-cost basis only in open-end consumer credit
			 transactions;
b. The term of the
			 insurance;
c. The number of the
			 installments or other payments payable by the involuntary unemployment
			 insurance covering the consumer and any limitation on the amount of such
			 payments;
d. The length of any
			 deductible period before the insurance benefits are payable and whether the
			 benefits are retroactive to the commencement of involuntary
			 unemployment;
e. The waiting period
			 in the involuntary unemployment insurance policy during which no claim may
			 arise;
f. The specific conditions
			 of the consumer's right to cancel the policy.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 15 - Regulation of Agreements and Practices › Rule 61-15.1 - Notice to Cosigners

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections
				537.3208(2)
				 and
				537.6117,
				the administrator of the Iowa consumer credit code finds that a creditor
				subject to Iowa Code section
				537.3208
				is in compliance with Iowa Code section
				537.3208
				if the creditor uses a notice to cosigner which complies with any one of the
				following federal regulations: Reg. AA, 12 CFR Section
				227.14
				subchapter B; 12 CFR Section
				535.3;
				or 16 CFR Section
				444.3 as
				amended to December 20, 1985, provided that the written notice is given to the
				cosigner as a separate document and the notice contains, as additional
				information, an "identification of the debt provision" in substantially the
				form set out in Iowa Code section
				537.3208(2).
				The "identification of the debt" provision must contain the language, "I have
				received a copy of this notice."
This rule is intended to implement Iowa Code section
				537.3208.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 16 - General Definitions › Rule 61-16.1 - Line of Credit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If
			 a lender commits itself to a line of consumer credit up to an amount in excess
			 of the amount specified in Iowa Code section
			 537.1301(14)
"a"(5),
the credit
			 transaction is not subject to Iowa Code chapter 537 whether or not the amount
			 actually advanced at any one time is above or below the amount specified in
			 Iowa Code section
			 537.1301(14)
"a"(5).
For purposes of
			 this rule, "line of credit" shall mean an arrangement whereby:
(1) The lender or creditor expressly commits
			 itself in writing pursuant to a loan agreement to permit the borrower to borrow
			 money from time to time up to a certain maximum amount specified in the loan
			 agreement, and
(2) there is no
			 requirement of additional credit information for any advances.
(2) For purposes of this rule, the "amount
			 financed" in a line of credit is the maximum limit on the line of credit and
			 not the amount of any single advance.
This rule is intended to implement Iowa Code sections
				537.1102(2) 537.1301(4)
"b,"
537.1301(14)
"a, "
and 537.1301(25).
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.1 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
These rules are promulgated by the attorney general as the farm
				assistance coordinator on the recommendation of the Iowa Mediation Service,
				Inc. These rules will apply to and implement all mediation proceedings
				undertaken pursuant to Iowa Code chapters 654A and 654B unless otherwise noted.
				These rules do not apply to any other mediation proceedings which may be
				undertaken by the Iowa Mediation Service, Inc. pursuant to its bylaws and
				general corporate powers.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, unless the context otherwise
				requires:
"Affected landowner"
means a landowner who has
				received notice of a preliminary wetlands designation from the Iowa department
				of natural resources.
"Director "
means the director of the
				mediation service or the designee of the director.
"DNR"
means the Iowa department of natural
				resources.
"Farm borrower"
means a borrower who is any of
				the following:
1. An individual
			 operating a farm as a sole proprietorship or as a member of a
			 partnership;
2. A family farm
			 corporation as defined in Iowa Code section 172C.1(8);
3. An authorized farm corporation as defined
			 in Iowa Code section 172C.1(9).
"Mediation agreement"
means a
			 written agreement between the parties to a mediation meeting.
"Participate "
or
"participation
				"
in a mediation involving the designation of wetlands means that the
				DNR's representative attends the mediation meeting, listens to the affected
				landowner and the landowner's representative, and discusses the following: the
				definitions of wetlands and protected wetlands, the criteria for designation of
				protected wetlands, and the reasons why the department designated all or a
				portion of the affected landowner's land as protected wetlands.
"Preliminary wetlands designation "
means the
				notice sent by certified mail to affected landowners informing the landowners
				that a portion of their land has been designated by the department of natural
				resources as a protected wetland.
"Send"
means to mail by first-class mail, or
				certified or registered mail.
"Tentative agreement"
means a written
				agreement reached by the parties in the course of the mediation meeting or
				meetings.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.4 - Duties

Current through Register Vol. 47, No. 3, July 24, 2024
The duties of the mediation service under these rules include,
				but are not limited to, the following:
(1)
Training.
The mediation
			 service shall provide training in mediation techniques to all mediators
			 utilized by the mediation service. This training shall include at least 32
			 hours of initial training on the mediation process, mediation skills and
			 agricultural farm finance issues. At the director's discretion the training
			 period may be adapted for previously trained mediators. The mediation service
			 shall provide training for mediators who assist in handling care and feeding
			 contract, nuisance, and preliminary wetlands designation disputes.
(2)
Support.
The mediation
			 service shall provide support for each mediator. For purposes of these rules,
			 support includes, but is not limited to, technical assistance in complying with
			 these rules and applicable statutes, clerical support and supplies as
			 necessary.
(3)
Compensation.
The mediation service shall provide compensation
			 for mediators at a rate of no more than $25 per hour and at a rate and in a
			 manner as prescribed by the board of the mediation services. The board shall
			 also verify and reimburse expenses incurred by the mediators, including mileage
			 and telephone expenses upon submission of verified expense claims.
(4)
Additional personnel.
The mediation service may train and utilize additional personnel to act in
			 assisting farmers, creditors, farm residents, affected landowners, the
			 department of natural resources and other parties in preparing for mediation.
			 The board of the mediation service may provide for payment or reimbursement of
			 specified expenses to these personnel upon the submission of verified expense
			 claims.
(5)
Coordination of
			 efforts.
The mediation service shall coordinate its efforts with those
			 of the Legal Services Corporation of Iowa and the ASSIST program of the Iowa
			 State University extension service.
(6)
Forms.
The mediation
			 service shall adopt and utilize the forms described in these rules and provide
			 these forms through its offices and mediators. These forms may be altered with
			 the prior approval of the farm assistance program coordinator.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.6 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The mediation service fee shall not exceed $50 per hour for the
				borrower and $ 100 per hour for the creditor in farmer/creditor mediations. The
				hourly mediation fee may be waived for any party demonstrating financial
				hardship upon application to the farm mediation service. Payment shall be made
				at the conclusion of the mediation meeting by cash, check or preapproved
				voucher.
This rule is intended to implement Iowa Code section
				13.15 and
				Iowa Code chapters 654A and 654B.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.7 - Oversight

Current through Register Vol. 47, No. 3, July 24, 2024
The farm division of the attorney general's office is the
				designee of the attorney general to serve as the farm assistance program
				coordinator under the supervision of the attorney general. The farm assistance
				program coordinator shall monitor compliance by the mediation service with
				these rules and the terms of the contract and may terminate the contract upon
				written notice and for good cause.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.8 - Initial Consultation

Current through Register Vol. 47, No. 3, July 24, 2024
The mediation service shall have personnel available for
				initial consultation for purposes of preparing a party for the mediation
				proceedings. This consultation may be in person or by telephone. The
				consultation shall include educating the parties regarding the mediation
				process and the need for the party to develop proposals prior to the actual
				mediation meeting. There shall be no charge for the initial
				consultation.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.9 - Availability of Assistance in Preparation for Mediation

Current through Register Vol. 47, No. 3, July 24, 2024
The mediation service may make available for an hourly fee
				personnel to assist parties in the preparation for mediation. The preparation
				may be done by mediators of the mediation service, but in no case shall a
				person available through the mediation service who assists in preparation for
				any party act as a mediator in proceedings relating to that party. The hourly
				fee shall be set by the board of the mediation service.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.10 - Voluntary Mediation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request for mediation. A
borrower who owns agricultural
			 property, a creditor of that borrower, a farm resident, or other party with a
			 dispute with a farm resident may request mediation by applying to the mediation
			 service on forms made available for voluntary mediation by the mediation
			 service.
(2)
Evaluation.
Upon receipt of a request for voluntary mediation,
			 the mediation service shall review the request and contact the farm borrower,
			 creditor, farm resident or other party and advise them that voluntary mediation
			 has been requested. If all parties agree to enter voluntary mediation, the
			 mediation service shall assign a mediator to meet with the parties to assist in
			 the voluntary mediation and shall schedule a time and place convenient to the
			 parties for the mediation.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.11 - Assignment and Removal of Mediators

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Assignment of mediator.
The assignment of mediators shall be made by the director of the mediation
			 service. The director of the mediation service may substitute the assigned
			 mediator.
(2)
Removal upon
			 request.
During the mediation period, upon the written request of any
			 party or all parties participating in mediation, removal of the mediator may be
			 requested of the mediation service. This request must be filed in writing with
			 the mediation service and, as soon as practicable, the director shall review
			 the request. At the discretion of the director, a new mediator may be assigned
			 to participate in the mediation.
(3)
Effect of removal.
In
			 the event of the removal of a mediator, the mediation service shall comply with
			 the 42-day time period required by statute unless there is written agreement by
			 the parties extending the time period.
(4)
Self-removal.
Mediators
			 may remove themselves from the mediation proceeding.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.13 - Rules of Conduct

Current through Register Vol. 47, No. 3, July 24, 2024
The mediation service shall establish, subject to the approval
				of the coordinator, general rules of conduct to govern the proceedings at
				mediation meetings which shall, in part, define the process and goals of
				mediation. The guidelines shall be available at cost from the mediation
				service. The rules of conduct are incorporated by reference into these rules.
				The mediators shall distribute these rules to all parties in attendance at the
				mediation meeting and shall discuss them with the parties orally prior to the
				commencement of the meeting. The rules of conduct shall also provide guidelines
				for the conduct of attorneys representing any party at the mediation meeting.
				The guidelines should inform attorneys of their right to counsel clients
				regarding their legal rights and the implications of suggested solutions. The
				guidelines should advise attorneys to avoid using the mediation proceedings as
				a discovery technique, that mediation proceedings are not formal legal
				proceedings, and that the mediator controls the meeting. A person may be
				accompanied, represented, and advised during the mediation session by a lawyer,
				legal assistant, law clerk or other representative.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.14 - Request for Mediation

Current through Register Vol. 47, No. 3, July 24, 2024
All parties for whom mediation is mandatory shall file a
				request for mediation with the Iowa Mediation Service, Inc., at 315 East 5th
				Street, Suite 4, Des Moines, Iowa 50309. An affected landowner may file a
				request for mediation at the same address within 60 days of the date of the
				notice of the designation of protected wetlands.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.15 - Contents of the Request for Mediation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Farmer/creditor.
The
			 request for farmer/creditor mediation shall contain the following information:
			 the name of the creditor and a person designated as the creditor's
			 representative for service, the address and telephone number of the creditor
			 and the creditor's representative and, where possible, the names and positions
			 of the representatives who plan to attend the mediation proceedings. In
			 addition, it may contain the name and address of the debtor, the telephone
			 number of the debtor, and the location of the collateral real estate or chattel
			 property. If the debtor's property is under the control of a third party, the
			 creditor shall list the same information, if available, for the third
			 party.
(2)
Contract feeding
			 and nuisance disputes.
The request for contract feeding and nuisance
			 dispute mediation shall contain the following information: the name and address
			 of the farm resident or other party requesting mediation and the person(s)
			 designated as the representative for service, and the name and position of the
			 person who will attend the mediation proceeding; if the request for mediation
			 concerns a contract feeding dispute, a copy of the contract, a description of
			 the livestock, the name and address of the farm resident caring for the
			 livestock, the name and address of the owner of the livestock if not the party
			 requesting mediation, and a summary of the dispute; if the request for
			 mediation concerns a nuisance dispute, the name and address of the person(s)
			 alleged to be creating the nuisance and a description of the actions which are
			 alleged to create the nuisance.
(3)
Wetlands designation.
The request for wetland designation
			 mediation shall contain the following information: the name, address and
			 telephone number of the affected landowner and the person(s) designated as the
			 representative for service, the name and position of the person(s) who will
			 attend the mediation proceeding, a statement as to whether the affected
			 landowner either challenges in whole or in part the designation of protected
			 wetlands or requests the designation of additional marshes or wetlands as
			 protected wetlands, and a copy of the DNR's notice of preliminary wetlands
			 designation.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.16 - Failure to Furnish Complete Information

Current through Register Vol. 47, No. 3, July 24, 2024
Failure to provide a complete request for mediation may cause
				the initiation of the mandatory mediation time period to be delayed until
				complete information is furnished. If the director determines that the
				mediation time period shall be delayed, the director shall immediately notify
				the party failing to furnish complete information, specifying what information
				is necessary to make the request for mediation complete. Failure to complete
				the request for mediation within 21 days may result, at the director's
				discretion, in the termination of the mediation proceeding. A new request for
				mediation may then be initiated.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.17 - Bankruptcy

Current through Register Vol. 47, No. 3, July 24, 2024
If the director learns that the creditor is barred from taking
				action against the farm borrower by the automatic stay provision of 11 U.S.C.
				Section 362, the director shall terminate the mediation proceeding, subject to
				reopening without filing a new request for mediation, in the event the
				automatic stay is lifted. The 42-day mediation period shall commence from the
				date the director receives notice that the stay has been lifted. The
				proceedings shall otherwise follow the time periods and rules applicable to
				mediation proceedings.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.18 - Notice of Mediation Request

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Farmer/creditor.
Upon
			 receipt of the mediation request, the mediation service shall, within three
			 working days, send by regular mail notice to the borrower of the creditor's
			 request for mediation. The notice of the request for mediation shall include
			 the name of the creditor requesting mediation, describe the mediation process
			 in brief, explain the availability of legal services and the ASSIST program,
			 and set forth the procedure for the farm borrower to follow in mediation. The
			 notice shall require the farm borrower to file a list of creditors and their
			 addresses with the mediation service within ten days of the receipt of the
			 notice. This list shall include all secured creditors and any unsecured
			 creditors to whom the farm borrower owes $2,000 or more. The notice shall
			 further require the farm borrower, where possible, to include the names of
			 persons who will attend the mediation meeting with the farm borrower, including
			 legal counsel and family members.
(2)
Contract feeding and nuisance
			 disputes.
Upon receipt of the contract feeding or nuisance mediation
			 request, the mediation service has three working days in which to send by
			 regular mail notice to the farm resident or other party of the mediation
			 request. The notice of the request for mediation shall indicate the name of the
			 person requesting mediation, describe the mediation process in brief, explain
			 the possible availability of legal services, and set forth the procedure for
			 the parties to follow in mediation. The notice shall require the farm resident
			 or other party to file the names of persons who will attend the mediation
			 meeting, including legal counsel or family members, within ten days of receipt
			 of this notice.
(3)
Wetlands designation.
Upon receipt of the mediation request,
			 the mediation service has three working days in which to send by regular mail
			 notice to the DNR of the mediation request. The notice of the request for
			 mediation shall indicate the name of the affected landowner and set forth the
			 procedure for the parties to follow in mediation and indicate whether the
			 landowner challenges the designation of protected wetlands or requests the
			 designation of additional marshes or wetlands as protected wetlands. Within ten
			 days of receipt of the notice of mediation request, the DNR shall designate to
			 the mediation service the name(s) of the person(s) who, with authority to
			 negotiate agreements, will appear at the mediation meeting on its
			 behalf.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.19 - Failure to Respond

Current through Register Vol. 47, No. 3, July 24, 2024
If the farm borrower, farm resident or other party fails to
				respond to the notice of the request for mediation within ten days of receipt
				of the notice, the mediation service shall, if possible, contact the farm
				borrower, farm resident or other party by telephone or by registered or
				certified mail, to advise of the request for mediation.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.20 - Automatic Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
Any farm borrower, farm resident or other party who fails to
				respond to the request for mediation within 21 days of the receipt of the
				request for mediation shall be deemed to have waived
				mediation.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.21 - Notice of Automatic Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In the event of an automatic waiver, the mediation service
				shall notify, by regular mail, the creditor, farm resident or other party who
				made the request for mediation that there has been an automatic waiver. The
				mediation service shall issue a release to the initiating creditor, farm
				resident or other party requesting mediation stating that the creditor may
				proceed against the agricultural property or that a civil proceeding may be
				initiated to resolve the dispute. The notice of waiver and release shall be
				mailed within 21 days of the automatic waiver. A copy of the notice of waiver
				and release shall also be sent to the party who failed to
				respond.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.22 - Availability of Legal Services and Assist Program of Iowa State University Extension Service

Current through Register Vol. 47, No. 3, July 24, 2024
The mediation service shall, at the time notice is given of the
				request for mediation, advise farm borrowers, farm residents, and affected
				landowners of the possible availability of legal services to qualifying persons
				under Iowa Code section
				13.23.
				The notice shall include the WATS telephone number of the Legal Services
				Corporation of Iowa with whom the farm assistance program coordinator has
				contracted to provide legal services to farmers. The farm borrower, farm
				resident or affected landowner shall be responsible for obtaining information
				and assistance from Legal Services Corporation of Iowa. The mediation service
				shall also, at the time notice is given of the request for mediation, advise
				farm borrowers of the availability of financial preparation services to farm
				borrowers through the ASSIST program offered by the Iowa State University
				extension service. The notice shall include the location of the nearest county
				extension office and a description of the services offered. The farm borrower
				shall be responsible for obtaining information and assistance from the ASSIST
				program.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.23 - Extension of Time

Current through Register Vol. 47, No. 3, July 24, 2024
In the event that legal services or financial preparations
				cannot be provided on a timely basis, the farm borrower or the Legal Services
				Corporation on behalf of the farm borrower, farm resident or affected landowner
				or the ASSIST program on the farm borrower's behalf, may file a written request
				for an extension of time in which to obtain these services. Upon receipt of
				this written request, the mediation service shall notify the creditor, other
				party or the DNR that the written request has been filed and shall consult with
				the creditor, other party or the DNR and with the provider of the legal or
				financial services to determine if an extension is justified. The extension may
				be granted by agreement of the parties or at the discretion of the director of
				the mediation service for good cause.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.24 - Notice of Initial Mediation Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
Within 21 days after receiving the request for mediation, the
				mediation service shall send a mediation meeting notice to the creditor, farm
				borrower, all other creditors listed by the farm borrower, the farm resident,
				other party, affected landowner and the DNR as applicable. The notice of the
				initial mediation meeting shall state the time and location of the meeting, and
				the name of the mediator assigned to the mediation proceeding. The notice of
				initial mediation meeting shall also state that parties or any representatives
				must have authority to negotiate an agreement within the mediation
				proceedings.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.25 - Expedited Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
Any party may, by filing a written request with the director,
				request that the time frames for mediation be expedited. The written request
				shall be served on all other parties to the mediation by certified mail. Upon
				receipt of the written request, the director shall notify all other parties to
				the mediation meeting of the request and provide an opportunity for response.
				The opportunity to respond is limited to three days and the director shall
				evaluate all materials submitted concerning the request and decide whether the
				proceedings should be expedited within three days of the response. The burden
				to show irreparable harm unless the proceedings are expedited rests with the
				party requesting that the proceedings be expedited. If all parties agree, or if
				upon review of the written request and other information the director finds
				that the party filing the written request will suffer irreparable harm unless
				mediation is expedited, the director shall expedite the time frames for
				mediation. The director shall serve by certified mail a notification of the
				expedited mediation schedule within 48 hours of that
				decision.