reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 1 - Organization and Operation › Rule 221-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions of terms listed in Iowa Code section
				17A.2 shall apply for
				these terms as they are used throughout this chapter. In addition, as used in
				this chapter:
"Arts division"
means the arts division of the
				department of cultural affairs.
"Department"
means the department of cultural
				affairs.
"Director"
means the director of the
				department of cultural affairs.
"Historical division "
means the historical
				division of the department of cultural affairs.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 1 - Organization and Operation › Rule 221-1.2 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The department of cultural affairs has primary responsibility
				for development of the state's interest in the areas of the arts, history, and
				other cultural matters. In fulfilling this responsibility, the department is
				advised and assisted by the state historical board of trustees, and the Iowa
				arts council. The department performs the functions enumerated in Iowa Code
				section
				303.1.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 1 - Organization and Operation › Rule 221-1.5 - Divisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Arts division.
The arts division performs the duties
			 enumerated in Iowa Code section
			 303.2(3)
			  and may perform other functions assigned to
			 it by law or rule.
(2)
Historical division.
The historical division performs the
			 duties enumerated in Iowa Code section
			 303.2(2)
			  and may perform other functions assigned to
			 it by law or rule.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 1 - Organization and Operation › Rule 221-1.6 - Administrative Offices

Current through Register Vol. 47, No. 3, July 24, 2024
Correspondence and communications with the department and its
				divisions shall be directed as follows:
(1) The department and its administrative
			 services section may be reached as follows: Department of Cultural Affairs,
			 Historical Building, 600 East Locust Street, Des Moines, Iowa 50319, telephone
			 (515)281-7471, fax (515)242-6498.
(2) The arts division may be reached as
			 follows: Iowa Arts Council, Historical Building, 600 East Locust Street, Des
			 Moines, Iowa 50319, telephone (515)281-4451, fax (515)242-6498.
(3) The historical division may be reached as
			 follows: State Historical Society of Iowa, Historical Building, 600 East Locust
			 Street, Des Moines, Iowa 50319, telephone (515)281-5111, fax
			 (515)242-6498.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 2 - Public Records and Fair Information Practices › Rule 221-2.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In lieu of the words "(insert agency
			 head)", insert "director, department of cultural affairs". Also in lieu of the
			 words "(insert agency name and address)", insert "Director, Department of
			 Cultural Affairs, New Historical Building, 600 East Locust Street, Des Moines,
			 Iowa 50319"
(2)
Office
			 hours.
In lieu of the words "(insert customary office hours and, if
			 agency does not have customary office hours of at least thirty hours a week,
			 insert hours specified in Iowa Code section
			 22.4) ",
			 insert "8 a.m. to 4:30 p.m., Monday through Friday except legal
			 holidays".
(7)
Fees.
c.
Supervisory fee.
In lieu of the words "(specify time period)", insert
			 "one-half hour".
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 2 - Public Records and Fair Information Practices › Rule 221-2.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "director,
				department of cultural affairs".
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 2 - Public Records and Fair Information Practices › Rule 221-2.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 2.10(17A,22) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely as a statistical research or reporting record, provided that the record
			 is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if a notice of the disclosure is transmitted
			 to the last-known address of the subject.
e. To the legislative services agency under
			 Iowa Code section
			 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 2 - Public Records and Fair Information Practices › Rule 221-2.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects, for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may, upon request of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. Transfers of information within the
			 agency, to other state agencies, or to local units of government as appropriate
			 to administer the program for which the information is collected.
e. Information released to staff of federal
			 and state entities for audit purposes or for purposes of determining whether
			 the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 2 - Public Records and Fair Information Practices › Rule 221-2.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a subject individual.
To the extent
			 permitted by law, the subject may consent in writing to agency disclosure of
			 confidential records as provided in rule 2.7(17A,22).
(2)
Complaints to public officials.
			 A
letter from a subject of a confidential record to a public official
			 which seeks the official's intervention on behalf of the subject in a matter
			 that involves the agency may, to the extent permitted by law, be treated as an
			 authorization to release sufficient information about the subject to the
			 official to resolve the matter
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 2 - Public Records and Fair Information Practices › Rule 221-2.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The subject
			 of a confidential record may file a written request to review confidential
			 records about that person as provided in rule 2.6(17A,22). However, the agency
			 need not release the following records to the subject:
a. The identity of a person providing
			 information to the agency need not be disclosed directly or indirectly to the
			 subject of the information when the information is authorized to be held
			 confidential pursuant to Iowa Code section
			 22.7(18)
			  or other provision of law.
b. Records need not be disclosed to the
			 subject when they are the work product of an attorney or are otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 the Iowa Code. (See Iowa Code section
			 22.7(5)
			 )
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 2 - Public Records and Fair Information Practices › Rule 221-2.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Agency records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Records which are exempt
			 from disclosure under Iowa Code section
			 22.7.
b. Minutes of closed meetings of a government
			 body. (Iowa Code section
			 21.5(4)
			 )
c. Those portions of agency staff manuals,
			 instructions or other statements issued which set forth criteria or guidelines
			 to be used by agency staff in auditing, in making inspections, in settling
			 commercial disputes or negotiating commercial arrangements, or in the selection
			 or handling of cases, such as operational tactics or allowable tolerances or
			 criteria for the defense, prosecution or settlement of cases, when disclosure
			 of these statements would:
(1) Enable law
			 violators to avoid detection;
(2)
			 Facilitate disregard of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency. (See Iowa Code sections
			 17A.2 and
			 17A.3
			)
d. Any other records
			 made confidential by law.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 2 - Public Records and Fair Information Practices › Rule 221-2.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information which is collected, maintained, and retrieved by the
				agency by personal identifier in record systems as defined in rule 2.1(17A,22).
				For each record system, this rule describes the legal authority for the
				collection of that information, the means of storage of that information and
				indicates whether a data processing system matches, collates, or permits the
				comparison of personally identifiable information in one record system with
				personally identifiable information in another record system. The record
				systems maintained by the agency are:
(1)
Personnel records.
These
			 records concern departmental employees and their families, as well as
			 applicants for employment with the department. The system contains material on
			 health, dental, life, and long-term disability insurance; pay and benefit
			 documents; tax withholding; position description questionnaires; affirmative
			 action and equal employment opportunity; disciplinary information; grievances
			 and appeals; performance planning and evaluation; training; deferred
			 compensation; workers' compensation; payroll records; and other materials
			 relating to the employees of the department. Some of the information may be
			 confidential under Iowa Code section
			 22.7(11)
			  and other legal provisions. These records
			 contain names, social security numbers and other identifying numbers, and are
			 collected in paper form and through the state's automated data processing
			 system.
(2) Reserved.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 2 - Public Records and Fair Information Practices › Rule 221-2.15 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than record systems as defined in rule 2.1(17A,22). These records are
				routinely available to the public. However, the agency's files of these records
				may contain confidential information as discussed in rule 2.13(17A,22). The
				records listed may contain information about individuals.
(1) Council, board, and commission records.
			 Agendas, minutes, and materials presented to the cultural affairs advisory
			 council are available from the department of cultural affairs, except those
			 records concerning closed sessions which are exempt from disclosure under Iowa
			 Code section
			 21.5 or which are
			 otherwise confidential by law. Council and commission records contain
			 information about people who participate in meetings. This information is
			 collected pursuant to Iowa Code section
			 21.3.
			 This information is not stored on an automated data processing
			 system.
(2) Administrative records.
			 This includes documents concerning budget, property inventory, purchasing,
			 yearly reports, office policies for employees, time sheets, printing and supply
			 requisitions.
(3) Publications. The
			 office receives a number of books, periodicals, newsletters, government
			 documents, annual reports and brochures related to its mission. These materials
			 would generally be open to the public but may be protected by copyright law.
			 Most publications of general interest are available in the library
			 division.
(4) Office publications.
			 This office issues a variety of materials including promotional and grants
			 brochures and pamphlets, press releases, project and annual reports, and
			 newsletters which may contain information about individuals, staff or members
			 of boards, Councils, or commissions.
(5) Rule-making records. Public documents
			 generated during the promulgation of agency rules, including notices and public
			 comments, are available for public inspection.
(6) Office manuals. Information in office
			 manuals may be confidential under Iowa Code section
			 17A.2(7)
'"f"
or other applicable
			 provision of law.
(7) All other
			 records that are not exempted from disclosure by law.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 2 - Public Records and Fair Information Practices › Rule 221-2.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the regulations of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable regulations of the
			 agency.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the department for a
				declaratory order as to the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of the department, at
				the Director's Office, Department of Cultural Affairs, 600 East Locust Street,
				Des Moines, Iowa 50319. A petition is deemed filed when it is received by that
				office. The department shall provide the petitioner with a file-stamped copy of
				the petition if the petitioner provides the department an extra copy for this
				purpose. The petition must be typewritten or legibly handwritten in ink and
				must substantially conform to the following form:
DEPARTMENT OF CULTURAL AFFAIRS
Petition by (Name of Petitioner)
for a Declaratory Order on (Cite provisions of law
				involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by the petitioner to be affected by, or interested in, the questions provided
			 for by
			 221-3.7 (17A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the department shall give notice of the petition to all persons not
				served by the petitioner pursuant to 3.6(17A) to whom notice is required by any
				provision of law. The department may also give notice to any other
				persons.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Persons who qualify under any applicable provision of law as an intervenor and
			 who file a petition for intervention within 20 days of the filing of a petition
			 for declaratory order shall be allowed to intervene in a proceeding for a
			 declaratory order
(2) Any person
			 who files a petition for intervention at any time prior to the issuance of an
			 order may be allowed to intervene in a proceeding for a declaratory order at
			 the discretion of the department.
(3) A petition for intervention shall be
			 filed at the director's office. Such a petition is deemed filed when it is
			 received by that office. The department will provide the petitioner with a
			 file-stamped copy of the petition for intervention if the petitioner provides
			 an extra copy for that purpose. A petition for intervention must be typewritten
			 or legibly handwritten in ink and must substantially conform to the following
			 form:
DEPARTMENT OF CULTURAL AFFAIRS
Petition by (Name of Original Petitioner) for a Declaratory
				Order on (Cite provisions of law cited in original petition).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervenor's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervenor's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervenor's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervenor's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The department may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the Director, Department of Cultural Affairs, 600
				East Locust Street, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
Filing
-
when required.
All petitions for
			 declaratory orders, petitions for intervention, briefs, or other papers in a
			 proceeding for a declaratory order shall be filed with the Administrative
			 Offices, Department of Cultural Affairs, 600 East Locust Street, Des Moines,
			 Iowa 50319. All documents are considered filed upon receipt.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the department must schedule a
				brief and informal meeting between the original petitioner, all intervenors,
				and a member of the staff of the department to discuss the questions raised.
				The department may solicit comments from any person on the questions raised.
				Also, comments on the questions raised may be submitted to the department by
				any person.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time frame
			 for action. Within the time allowed by 1998 Iowa Acts, chapter 1202, section
			 13(5), after receipt of a petition for a declaratory order, the director or
			 designee shall take action on the petition as required by 1998 Iowa Acts,
			 chapter 1202, section 13(5).
(2)
			 The date of issuance of an order or of a refusal to issue an order is the date
			 of mailing of the order or refusal or the date of delivery if service is by
			 other means unless another date is specified in the order
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department shall not issue a declaratory order where prohibited by 1998 Iowa
			 Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory order
			 on some or all questions raised for the following reasons:
1. The petition does not substantially comply
			 with the required form.
2. The
			 petition does not contain facts sufficient to demonstrate that the petitioner
			 will be aggrieved or adversely affected by the failure of the department to
			 issue an order
3. The department
			 does not have jurisdiction over the questions presented in the
			 petition.
4. The questions
			 presented by the petition are also presented in a current rule making,
			 contested case, or other department or judicial proceeding, that may
			 definitively resolve them.
5. The
			 questions presented by the petition would more properly be resolved in a
			 different type of proceeding or by another body with jurisdiction over the
			 matter.
6. The facts or questions
			 presented in the petition are unclear, overbroad, insufficient, or otherwise
			 inappropriate as a basis upon which to issue an order
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge a department decision already
			 made.
9. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner
10. The petitioner
			 requests the department to determine whether a statute is unconstitutional on
			 its face.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its conclusion. A
				declaratory order is effective on the date of issuance.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 3 - Declaratory Orders › Rule 221-3.12 - Effect of Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the
				department, the petitioner, and any intervenors who consent to be bound and is
				applicable only in circumstances where the relevant facts and the law involved
				are indistinguishable from those on which the order was based. As to all other
				persons, a declaratory ruling serves only as precedent and is not binding on
				the department. The issuance of a declaratory order constitutes final
				department action on the petition.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				all rules adopted by the department are subject to the provisions of Iowa Code
				chapter 17A, the Iowa administrative procedure Act, and the provisions of this
				chapter
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the
				department may, before publication of a Notice of Intended Action under Iowa
				Code section
				17A.4(1)
"a,"
solicit comments from
				the public on a subject matter of possible rule making by the department by
				causing notice to be published in the Iowa Administrative Bulletin of the
				subject matter and indicating where, when, and how persons may
				comment.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The department shall maintain a current
			 public rule-making docket.
(2)
Anticipated rule making.
The rule-making docket shall list
			 each anticipated rule-making proceeding. A rule-making proceeding is deemed
			 "anticipated" from the time a draft of proposed rules is distributed for
			 internal discussion within the department. For each anticipated rule-making
			 proceeding the docket shall contain a listing of the precise subject matter
			 which may be submitted for consideration by the director for subsequent
			 proposal under the provisions of Iowa Code section
			 17A.4(1)
			  "a, " the name and address of department
			 personnel with whom persons may communicate with respect to the matter, and an
			 indication of the present status within the department of that possible rule.
			 The department may also include in the docket other subjects upon which public
			 comment is desired.
(3)
Pending rule-making proceedings.
The rule-making docket shall
			 list each pending rule-making proceeding. A rule-making proceeding is pending
			 from the time it is commenced, by publication in the Iowa Administrative
			 Bulletin of a Notice of Intended Action pursuant to Iowa Code section
			 17A.4(1)
"a, "
to the time it is
			 terminated, by publication of a Notice of Termination in the Iowa
			 Administrative Bulletin or the rule becoming effective. For each rule-making
			 proceeding, the docket shall indicate:
a. The
			 subject matter of the proposed rule;
b. A citation to all published notices
			 relating to the proceeding;
c.
			 Where written submissions on the proposed rule may be inspected;
d. The time during which written submissions
			 may be made;
e. The names of
			 persons who have made written requests for an opportunity to make oral
			 presentations on the proposed rule, where those requests may be inspected, and
			 where and when oral presentations may be made;
f. Whether a written request for the issuance
			 of a regulatory analysis, or a concise statement of reasons, has been filed,
			 whether such an analysis or statement or a fiscal impact statement has been
			 issued, and where any such written request, analysis, or statement may be
			 inspected;
g. The current status of
			 the proposed rule and any determinations with respect thereto;
h. Any known timetable for department
			 decisions or other action in the proceeding;
i. The date of the rule's adoption;
j. The date of the rule's filing, indexing,
			 and publication;
k. The date on
			 which the rule will become effective; and
l. Where the rule-making record may be
			 inspected.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35 days before the adoption of a rule the
			 department shall cause Notice of Intended Action to be published in the Iowa
			 Administrative Bulletin. The Notice of Intended Action shall include:
a. A brief explanation of the purpose of the
			 proposed rule;
b. The specific
			 legal authority for the proposed rule;
c. Except to the extent impracticable, the
			 text of the proposed rule;
d.
			 Where, when, and how persons may present their views on the proposed rule;
			 and
e. Where, when, and how persons
			 may demand an oral proceeding on the proposed rule if the notice does not
			 already provide for one.
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the department shall include in the
				notice a statement fully describing the specific subject matter of the omitted
				portion of the text of the proposed rule, the specific issues to be addressed
				by that omitted text of the proposed rule, and the range of possible choices
				being considered by the department for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of
			 the Notice of Intended Action, persons may submit argument, data, and views, in
			 writing, on the proposed rule. Such written submissions should identify the
			 proposed rule to which they relate and should be submitted to the Director,
			 Department of Cultural Affairs, 600 East Locust Street, Des Moines, Iowa 50319,
			 or the person designated in the Notice of Intended Action.
(2)
Oral proceedings.
The
			 department may, at any time, schedule an oral proceeding on a proposed rule.
			 The department shall schedule an oral proceeding on a proposed rule if, within
			 20 days after the published Notice of Intended Action, a written request for an
			 opportunity to make oral presentations is submitted to the department by the
			 administrative rules review committee, a governmental subdivision, an agency,
			 an association having not less than 25 members, or at least 25 persons. That
			 request must also contain the following additional information:
1. A request by one or more individual
			 persons must be signed by each of them and include the address and telephone
			 number of each of them.
2. A
			 request by an association must be signed by an officer or designee of the
			 association and must contain a statement that the association has at least 25
			 members and the address and telephone number of the person signing that
			 request.
3. A request by an agency
			 or governmental subdivision must be signed by an official having authority to
			 act on behalf of the entity and must contain the address and telephone number
			 of the person signing that request.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business. A
"small business" is defined in
			 1998 Iowa Acts, chapter 1202, section 10(7).
(2)
Mailing list.
Small
			 businesses or organizations of small businesses may be registered on the
			 department's small business impact list by making a written application
			 addressed to the director. The application for registration shall state:
a. The name of the small business or
			 organization of small businesses;
b. Its address;
c. The name of a person authorized to
			 transact business for the applicant;
d
			 .A description of the applicant's business or organization. An
			 organization representing 25 or more persons who qualify as a small business
			 shall indicate that fact.
e.
			 Whether the registrant desires copies of Notices of Intended Action at cost, or
			 desires advance notice of the subject of all or some specific category of
			 proposed rule making affecting small business.
The department may at any time request additional information
				from the applicant to determine whether the applicant is qualified as a small
				business or as an organization of 25 or more small businesses. The department
				may periodically send a letter to each registered small business or
				organization of small businesses asking whether that business or organization
				wishes to remain on the registration list. The name of a small business or
				organization of small businesses will be removed from the list if a negative
				response is received, or if no response is received within 30 days after the
				letter is sent.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed rule that mandates additional combined expenditures exceeding $100,000
			 by all affected political subdivisions or agencies and entities which contract
			 with political subdivisions to provide services must be accompanied by a fiscal
			 impact statement outlining the costs associated with the rule. A fiscal impact
			 statement must satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the department determines at the time
			 it adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the department shall, at the same time, issue a corrected
			 fiscal impact statement and publish the corrected fiscal impact statement in
			 the Iowa Administrative Bulletin.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The department shall not adopt a rule until
			 the period for making written submissions and oral presentations has expired.
			 Within 180 days after the later of the publication of the Notice of Intended
			 Action, or the end of the oral proceedings thereon, the department shall adopt
			 a rule pursuant to the rule-making proceeding or terminate the proceeding by
			 publication of a notice to that effect in the Iowa Administrative
			 Bulletin.
(2)
Consideration
			 of public comment.
Before the adoption of a rule, the department shall
			 consider fully all of the written submissions and oral submissions received in
			 that rule-making proceeding, or any memorandum summarizing such oral
			 submissions, and any regulatory analysis or fiscal impact statement issued in
			 that rule-making proceeding.
(3)
Reliance on department expertise.
Except as otherwise provided
			 by law, the department may use its own experience, technical competence,
			 specialized knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
			 shall not adopt a rule that differs from the rule proposed in the Notice of
			 Intended Action on which the rule is based unless:
a. The differences are within the scope of
			 the subject matter announced in the Notice of Intended Action and are in
			 character with the issues raised in that notice; and
b. The differences are a logical outgrowth of
			 the contents of that Notice of Intended Action and the comments submitted in
			 response thereto; and
c. The Notice
			 of Intended Action provided fair warning that the outcome of that rule-making
			 proceeding could be the rule in question.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the department for good cause finds that public
			 notice and participation are unnecessary, impracticable, or contrary to the
			 public interest in the process of adopting a particular rule, the department
			 may adopt that rule without publishing advance Notice of Intended Action in the
			 Iowa Administrative Bulletin and without providing for written or oral public
			 submissions prior to its adoption. The department shall incorporate the
			 required finding and a brief statement of its supporting reasons in each rule
			 adopted in reliance upon this subrule.
(2)
Categories exempt.
The
			 following narrowly tailored categories of rules are exempted from the usual
			 public notice and participation requirements because those requirements are
			 unnecessary, impracticable, or contrary to the public interest with respect to
			 each and every member of the defined class:
Rules that are mandated by federal law or regulations are
				exempted from the usual public notice and participation requirements in any
				situation where the department has no option but to adopt specified rules or
				where federal funding is contingent upon the adoption of the rules. Notice and
				public participation would be unnecessary since the provisions of the law or
				regulation must be adopted in order to maintain federal funding and the
				department would have no option in the rule which was adopted.
(3)
Public proceedings on
			 rules adopted without them.
The department may, at any time, commence
			 a standard rule-making proceeding for the adoption of a rule that is identical
			 or similar to a rule it adopts in reliance upon subrule 4.10(1). Upon written
			 petition by a governmental subdivision, the administrative rules review
			 committee, a department or agency, the administrative rules coordinator, an
			 association having not less than 25 members, or at least 25 persons, the
			 department shall commence a standard rule-making proceeding for any rule
			 specified in the petition that was adopted in reliance upon subrule 4.10(1).
			 Such a petition must be filed within one year of the publication of the
			 specified rule in the Iowa Administrative Bulletin as an adopted rule. The
			 rule-making proceeding on that rule must be commenced within 60 days of the
			 receipt of such a petition. After a standard rule-making proceeding commenced
			 pursuant to this subrule, the department may either readopt the rule it adopted
			 without benefit of all usual procedures on the basis of subrule 4.10(1), or may
			 take any other lawful action, including the amendment or repeal of the rule in
			 question, with whatever further proceedings are appropriate.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested by a person, either prior to the
			 adoption of a rule or within 30 days after its publication in the Iowa
			 Administrative Bulletin as an adopted rule, the department shall issue a
			 concise statement of reasons for the rule. Requests for such a statement must
			 be in writing and be delivered to the Director, Department of Cultural Affairs,
			 600 East Locust Street, Des Moines, Iowa 50319. The request should indicate
			 whether the statement is sought for all or only a specified part of the rule.
			 Requests will be considered made on the date received.
(2)
Contents.
The concise
			 statement of reasons shall contain:
a. The
			 reasons for adopting the rule;
b.
			 An indication of any change between the text of the proposed rule contained in
			 the published Notice of Intended Action and the text of the rule as finally
			 adopted, with the reasons for any such change;
c. The principal reasons urged in the
			 rule-making proceeding for and against the rule, and the department's reasons
			 for overruling the arguments made against the rule.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule adopted by the department shall contain
			 the text of the rule and, in addition:
a. The
			 date the department adopted the rule;
b. A brief explanation of the principal
			 reasons for the rule-making action if such reasons are required by 1998 Iowa
			 Acts, chapter 1202, section 8, or the department in its discretion decides to
			 include such reasons;
c. A
			 reference to all rules repealed, amended, or suspended by rule;
d. A reference to the specific statutory or
			 other authority authorizing adoption of the rule;
e. Any findings required by any provision of
			 law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
			 reasons for the failure to provide for waivers to the rule if no waiver
			 provision is included and a brief explanation of any waiver or special
			 exception provided in the rule if such reasons are required by 1998 Iowa Acts,
			 chapter 1202, section 8, or the department in its discretion decides to include
			 such reasons; and
g. The effective
			 date of the rule.