reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.10 - Duties of Department

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the duties contained in Iowa Code section
				13.13,
				the department shall:
1.Administer
			 other funds, grants, or programs for victim assistance created by public law or
			 the department.
2. Provide
			 administrative support to the board.
3. Enter into agreements under Iowa Code
			 chapter 28E or other law including agreements with other state agencies and
			 political subdivisions for the transfer to the department of funds authorized
			 by law for victim service programs.
4. Accept, use, and dispose of contributions
			 of money, services, and property, which are made available by an agency or
			 department of the state or any of its political subdivisions, the federal
			 government, a private agency, or an individual, that are specifically
			 designated for crime victim assistance programs.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.25 - Administration of the Crime Victim Compensation Program

Current through Register Vol. 47, No. 3, July 24, 2024
The crime victim assistance division of the department of
				justice shall administer the crime victim compensation program as provided in
				Iowa Code chapter 915. All questions, comments, requests for information, or
				applications for compensation shall be directed to the crime victim assistance
				division. Requests should be addressed to: Crime Victim Assistance Division,
				Lucas State Office Building, Ground Floor, 321 East 12th Street, Des Moines,
				Iowa 50319; telephone (515)281-5044 or 1-800-373-5044.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.27 - Duties of the Division

Current through Register Vol. 47, No. 3, July 24, 2024
The duties of the division shall include, but not be limited
				to, the duties provided for in Iowa Code sections
				13.31
				and
				915.83, as
				well as:
1. To prepare appropriate
			 forms for the filing and processing of compensation applications.
2. To conduct an administrative review of
			 claims when a request for reconsideration is filed by an applicant with the
			 director.
3. To receive moneys
			 bequeathed, awarded, or donated to the crime victim assistance division by a
			 public or private organization or individual.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.29 - Report to Law Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
A person is not eligible for compensation unless the crime is
				reported to law enforcement pursuant to Iowa Code section 915.84(2). The
				department may waive the requirements of Iowa Code section 915.84(2) if good
				cause is shown.
(1)
Law
			 enforcement report sources.
The department finds there is good cause
			 to accept that the report of a crime to any of the following is a report to law
			 enforcement pursuant to Iowa Code section 915.84(2):
a. Sheriffs and their regular
			 deputies.
b. Marshals and police
			 officers of cities.
c. Peace
			 officers of the department of public safety.
d. Special security officers employed by a
			 board of regents institution as identified in Iowa Code section
			 262.13.
e. Peace officers as authorized by Iowa Code
			 section
			 350.5
			 or
			 456A.13.
f. Employees of the department of
			 transportation who are designated "peace officers" by resolution of the
			 department under Iowa Code section
			 321.477.
g. Correctional officers, including parole
			 and probation officers.
h. County
			 and state prosecutors.
i. An
			 employee of the department of human services having jurisdiction to investigate
			 the incident.
j. A magistrate or
			 judge of the Iowa court system.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.30 - Cooperation With Law Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
To be eligible for compensation, the crime victim must
				cooperate with the reasonable requests of law enforcement. After considering
				the factors in subrule 9.29(4), the department may waive the requirement if
				good cause is shown.
(1)
Reasonable cooperation.
Reasonable cooperation by the victim
			 may include, but is not limited to, the following:
a. Providing law enforcement with a true and
			 accurate report of the crime.
b.
			 Participating in the investigation of the crime to assist law enforcement in
			 the identification of a suspect as requested including the review of
			 photographs, composites, and lineups.
c. Participating in prosecution procedures
			 including deposition and trial testimony as requested.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.31 - Contributory Conduct

Current through Register Vol. 47, No. 3, July 24, 2024
The division shall reduce or disqualify compensation when there
				is a causal relationship between the contributory conduct on the part of the
				victim and the victim's injury or death. Contributory conduct includes consent,
				provocation, or incitement of the crime on the part of the victim.
(1)
Consent, provocation, and
			 incitement.
In assessing consent, provocation or incitement on the
			 part of the victim pursuant to Iowa Code section 915.87(2)
"a,"
the division may consider factors including, but not limited to, the following:
a. Whether charges are filed against the
			 suspect;
b. Whether the victim
			 attempted to withdraw from the incident;
c. Comparable or reasonable force on the part
			 of the suspect in response to an action of the victim;
d. The amount of time from the beginning of
			 the interaction between the victim and the suspect and the criminal act
			 committed by the suspect;
e. The
			 age of the victim; and
f.
			 Comparable size or strength of the victim and suspect.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.32 - Eligibility for Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
The program shall determine the eligibility of an application
				for compensation.
(1)
Determination of eligibility.
A denial of eligibility shall be
			 based on written documentation that an application does not satisfy the
			 requirements of Iowa Code chapter 915. An applicant shall be deemed eligible
			 for compensation if the division has not obtained written documentation
			 supporting a denial within six months of the date of the application.
			 Notwithstanding the foregoing, the division may extend the determination of
			 eligibility beyond six months if a court date or grand jury hearing is pending
			 and is reasonably expected to result in information necessary to render an
			 eligibility decision.
(2)
Reopening applications.
Pursuant to Iowa Code section
			 915.83(2), the department may reopen and reinvestigate an application if the
			 department determines that the decision was incorrect or incomplete. A denied
			 application may be reopened and reinvestigated if it is discovered through a
			 criminal trial or other investigatory source that the information relied upon
			 for the denial decision was incorrect or incomplete. The eligibility of an
			 approved application will be reopened for consideration if information is
			 discovered through a criminal trial or other investigatory source that the
			 information relied upon for the approval decision was incorrect or incomplete.
			 The reopening of a denied or approved case is at the discretion of the
			 administrator for the compensation program, the director, or the
			 board.
(3)
Withdrawal of
			 application.
An applicant may withdraw the application for
			 compensation from consideration.
(4)
Maximum compensation.
Compensation shall be reduced or disqualified to the extent that the maximum
			 compensation allowable pursuant to Iowa Code chapter 915 and these rules has
			 been awarded.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.33 - Emergency Award of Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
Emergency awards of compensation may be made if the applicant
				has incurred a loss of income or pecuniary loss as a direct result of the
				crime.
(1)
Preliminary
			 eligibility determination.
The program must determine that the
			 application is likely to be eligible based on documentation available
			 including, at minimum, the law enforcement verification form provided to law
			 enforcement by the program.
(2)
Documentation.
To make an emergency award of compensation, the
			 program must have documentation of the lost wages or the pecuniary
			 loss.
(3)
Emergency award
			 decision. A
decision denying an emergency award shall not be
			 appealable.
(4)
Offset.
Any emergency award shall be deducted from the final
			 award of compensation made to the claimant.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.34 - Computation of Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
The division shall determine the amount of compensation to be
				awarded to an eligible applicant.
(1)
Benefit limits.
Compensation shall be made up to the benefit
			 category limits in effect on the date the application is filed. For an eligible
			 victim of sexual abuse when the offender has been referred pursuant to Iowa
			 Code chapter 229A, compensation shall be paid for expenses incurred after
			 referral of the offender.
(2)
Payer of last resort.
The program is a payer of last resort
			 pursuant to federal law
			 34 U.S.C.
			 20102. Compensation shall not be paid for
			 services when the provision for those services is mandated by law or
			 administrative rule to be the responsibility of another governmental unit,
			 private agency or program. Payments shall be reduced by payments made by
			 offenders and third parties responsible for the damages of the crime. The
			 department may waive this requirement for good cause after considering the
			 factors in subrule 9.29(4), for compensation made from state funds.
(3)
Voluntary financial
			 programs.
Compensation applicants will be encouraged to apply for
			 other financial assistance programs to pay costs resulting from the
			 crime-related injury. However, no applicant will be denied compensation
			 benefits based on the applicant's refusal to seek funds from a voluntary
			 financial assistance program.
(4)
Insurance providers.
Eligible victims and claimants must give
			 service providers the information necessary to bill insurance providers for
			 crime-related treatment. Payment of compensation will not be made if the victim
			 refuses or fails to provide information requested by the service or insurance
			 provider or to sign the required assignment of benefits within a reasonable
			 time frame. The department may waive this requirement if the victim can
			 demonstrate good cause exists. Good cause may include, but is not limited to,
			 situations where the insurance policyholder is the perpetrator of the crime
			 that gave rise to the claim.
(5)
Supplanting of funds prohibited.
Compensation shall be made
			 only when the claimant is responsible for the cost of crime-related injury.
			 Compensation shall not be paid when a government entity, including but not
			 limited to a mental health facility, jail, or prison, is responsible for the
			 costs of treatment for injury from crime, unless the entity is legally allowed
			 to pass those costs along to the victim.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.36 - Appeal of Compensation Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant shall be informed in writing of the basis for the
				denial of eligibility or the amount of an award.
(1)
Applicant appeal.
An
			 applicant may appeal a compensation decision as follows:
a.
Appeal to director.
An
			 applicant aggrieved by a denial decision or the amount of compensation awarded
			 by the program may appeal to the director.
b.
Appeal to board.
An
			 applicant may appeal the director's decision to the board.
c.
Appeal to district
			 court.
An applicant who disagrees with the decision of the board has
			 the right to appeal to the district court for judicial review within 30 days of
			 receipt of the board's decision.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.37 - Waiver From Rules

Current through Register Vol. 47, No. 3, July 24, 2024
This rule establishes a uniform process for granting waivers
				from rules adopted by the board governing the crime victim compensation
				program.
(1)
When waiver is
			 appropriate.
The board may grant a waiver from a rule the board has
			 adopted if the board has rule-making authority to promulgate the rule, and no
			 statute or rule otherwise controls the granting of a waiver from the rule. No
			 waiver may be granted from a rule that defines a term. No waiver may be granted
			 from a requirement that is imposed by statute. Any waiver must be consistent
			 with statute.
(2)
Criteria
			 for discretionary waivers.
The board may grant a waiver from a rule,
			 in whole or in part, in response to a request from an applicant or on the
			 board's own motion, as applied to a specific claim, if the board finds that:
a. The application of the rule to the claim
			 at issue would result in hardship or injustice to the person seeking
			 compensation; and
b. The waiver
			 would be consistent with the public interest or the public interest will be
			 protected by other means substantially equivalent to full compliance with the
			 rule; and
c. The waiver in the
			 specific case would not prejudice the substantial legal rights of any
			 person.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.50 - Administration of the Victim Services Grant Program

Current through Register Vol. 47, No. 3, July 24, 2024
The victim services grant program of the Iowa department of
				justice shall administer the victim services grants as provided in Iowa Code
				chapters 13 and 236. All questions, comments, requests for information, or
				applications for grant funds shall be directed to the victim services grant
				program. Requests should be addressed to: Crime Victim Assistance Division,
				Iowa Department of Justice, 321 East 12th Street, Lucas State Office Building,
				Ground Floor, Des Moines, Iowa 50319, telephone
				(515)281-5044.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.51 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Applicant"
means a public or private
				nonprofit program that provides direct services to crime victims or training
				and technical assistance to crime victim service providers and that makes a
				request for funds from the victim services grant program.
"Application "
means a request which complies
				with federal and state requirements for funds from the following funding
				streams:
1. The federal Victims of
			 Crime Act.
2. The state domestic and
			 sexual abuse program funds provided for in Iowa Code chapter 236.
3. The federal Family Violence Prevention and
			 Services Act.
4. The federal
			 Violence Against Women Act.
5. Other
			 grants or funds available by law for crime victim assistance.
"Board"
means the crime victim assistance
				board.
"Competitive grant"
means a grant for which
				the division solicits a request for proposals (RFP) from eligible applicants,
				reviews the applications for eligibility and completeness, and then convenes a
				grant review committee to recommend grant awards to the crime victim assistance
				board.
"Crime victim center"
means a crime victim
				center as defined in Iowa Code section
				915.20A(1).
"Department"
means the Iowa department of
				justice.
"Director"
means director of the crime victim
				assistance division of the Iowa department of justice.
"Division "
means the crime victim assistance
				division of the Iowa department of justice.
"Focus grant"
means a one-time grant for
				specific activities, including but not limited to training, travel, or
				materials, awarded at the discretion of the division directly to a program that
				has received a competitive grant in the fiscal year.
"Funding stream "
means a distinct source of
				federal or state funding available for grants.
"Grant"
means a competitive or focus grant
				award to a local or statewide government or private nonprofit agency.
"Grantee "
means a local or statewide
				government or private nonprofit agency that is awarded or receives funds from
				the crime victim assistance division.
"Grant review committee"
means a division
				committee designated to review grant applications.
"Justice support"
means duties performed in
				the justice system related to investigation, prosecution, or disposition of a
				criminal case that assist or inform a victim of crime.
"Program "
means the victim services grant
				program of the Iowa department of justice.
"RFP"
means request for proposals.
"Victim "
means a crime victim as defined in
				Iowa Code section
				915.80.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.52 - Program Description

Current through Register Vol. 47, No. 3, July 24, 2024
Any eligible local or statewide government or private nonprofit
				agency or a combination thereof may apply for and receive a grant through the
				program. The program shall operate as a competitive and focus grants program
				and be administered by the department. A contractual agreement specifying the
				terms of the grant award shall be executed between the department and the
				approved applicant.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.53 - Availability of Grants

Current through Register Vol. 47, No. 3, July 24, 2024
In any year in which federal or state funds are available, the
				division shall administer grants with eligible applicants. The amount of the
				funds awarded shall be contingent upon the funds available. The director shall
				announce the opening of an application period through public notice including
				but not limited to notice to current grantees and other eligible agencies
				identified by the program. Applications must be received by the designated due
				date.
(1) Competitive grants will be
			 awarded based on the availability of funds, history and demonstration of
			 quality of services provided, compliance with the requirements of the division,
			 number of victims served or cases investigated and prosecuted, population
			 served, and geographical distribution of funds in the state. A preference shall
			 be given to continued funding of successful grantees.
(2) Focus grants will be awarded at the
			 discretion of the director and of the deputy attorney general who oversees the
			 division. Funds utilized for focus grants must comply with all applicable state
			 and federal rules and regulations. The total of focus grants from one funding
			 source may not exceed 3 percent of the funds available from the funding source
			 in one state fiscal year.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.54 - Application Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants shall submit applications to: Crime Victim
				Assistance Division, Iowa Department of Justice, 321 East 12th Street, Lucas
				State Office Building, Ground Floor, Des Moines, Iowa 50319. Applications shall
				be in the form prescribed by the division and shall be available upon request
				to all interested parties.
(1) To be
			 included in the review process and considered for funding, an application shall
			 be received in the offices of the division by 4:30 p.m. on the due date.
			 Applications may be delivered to the division during regular business hours
			 anytime prior to the deadline. An extension of the filing deadline may be
			 requested of the director or grant administrator prior to the deadline and may
			 be granted for good cause. The determination of a good cause extension by the
			 division director shall be final.
(2) An applicant shall have on file with the
			 division current copies of the applicant's table of organization and articles
			 of incorporation as required.
(3)
			 An applicant shall have on file with the division evidence of any insurance
			 coverage the applicant carries for liability or property.
(4) The division may allow combined
			 applications from two or more agencies if a combined application will encourage
			 cooperation between those agencies on behalf of crime victims. Each agency
			 receiving funds under a combined application shall sign a grant contract for
			 the use of awarded funds.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.55 - Contents of Application

Current through Register Vol. 47, No. 3, July 24, 2024
Each application shall contain the following
				information:
(1) A paragraph
			 describing the agencies or units of government requesting the funds.
(2) A description of services for which
			 funding is being requested. The description shall include, but not be limited
			 to, the following:
a. The geographical area to
			 be served.
b. The crime victim
			 population to be served.
c. Victim
			 eligibility requirements for the applicant's services.
d. A description of substantial financial
			 support from other sources.
e. The
			 intended use of volunteers, if any.
f. The stated goals and objectives of the
			 program.
g. A description of the
			 proposed victim service, training, or technical assistance to be implemented
			 during the funding year.
h. The
			 amount of grant funds requested.
i.
			 The amount of cash or in-kind resources or combination thereof which is
			 committed where required by the division.
j. A description of how the proposed victim
			 service, training, or technical assistance will provide or improve services to
			 victims of crime.
k. Proof of
			 coordination with appropriate agencies at the local level.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.56 - Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Funds must be used only to provide victim services, or justice
				support to victims of crime, and training or technical assistance to victim
				service providers and allied professionals. Program grants shall not be used to
				supplant other available or mandated funds. An applicant must meet the
				following requirements:
(1) The
			 applicant shall be a public agency or private nonprofit organization, or
			 combination thereof, that provides services to crime victims or training and
			 technical assistance to victim service providers and allied
			 professionals.
(2) The applicant
			 shall provide services to victims of crime through crime victim centers, law
			 enforcement officers, prosecutors, and other allied professionals. Services
			 provided to victims by crime victim centers shall include but are not limited
			 to crisis intervention, law enforcement and court advocacy, group and
			 individual follow-up counseling, transportation, and information and
			 referral.
(3) An applicant
			 providing services to victims of domestic abuse must also provide or arrange
			 safe shelter for victims and their children when needed at no cost to the
			 victims. To ensure staff training and best practice standards, preference will
			 be given to domestic abuse programs certified by the Iowa Coalition Against
			 Domestic Violence.
(4) An applicant
			 providing services to victims of sexual abuse must also provide support to
			 victims at the time of an evidentiary sexual abuse examination. To ensure staff
			 training and best practice standards, preference will be given to sexual abuse
			 programs certified by the Iowa Coalition Against Sexual Assault.
(5) The applicant shall promote within the
			 community a coordinated public and private effort to assist victims.
(6) The applicant shall be an
			 equal-opportunity employer and provide services on an equal-opportunity
			 basis.
(7) The applicant shall
			 comply with applicable federal and state statutes and rules, all requirements
			 specified in the grant between the department and any outside funding source,
			 and all requirements in the RFP or any other contractual document.
(8) The applicant shall assist victims in
			 seeking state compensation benefits.
(9) The applicant shall have a grievance
			 procedure established for victims, employees and volunteers.
(10) The applicant shall ensure that all
			 employees and volunteers of crime victim centers that provide direct services
			 to victims are trained as victim counselors as defined in Iowa Code section
			 915.20A.
(11) The applicant shall provide services
			 within the geographical service area without regard to a victim's ability to
			 pay.
(12) An existing program must
			 document results of prior programming that demonstrate that the needs of
			 victims have been met effectively and that the applicant has financial support
			 from other sources.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.57 - Selection Process

Current through Register Vol. 47, No. 3, July 24, 2024
The division shall conduct a preliminary review of each
				application to ensure that the applicant is eligible, the application is
				complete, and the proposed victim service, training or technical assistance is
				consistent with the division's mission of providing quality assistance to crime
				victims and crime victim programs throughout the state.
(1) In selection of competitive grantees, the
			 division may utilize generally accepted methods of grant review including but
			 not limited to checklists, quality scales, written comments by grant review
			 committee members, and formulas based on past funding, population, clients
			 served and available funds.
(2) In
			 selection of competitive grantees, the division shall establish a grant review
			 committee. The committee shall submit recommendations for grant awards to the
			 director. The director shall submit to the board the recommendations of the
			 grant review committee and any alternative recommendations by the program
			 staff.
a. The committee shall be comprised of
			 representatives from the crime victim assistance board and experts in the
			 fields of victim services, grant administration and management, and criminal
			 justice.
b. The division shall
			 provide the committee with information related to the applicant's performance
			 with previous grants, the quality and quantity of services provided, and
			 community support for the applicant.
c. The committee shall review the content of
			 the grant applications and information provided by the division and members of
			 the committee regarding the applicant and the geographical area to be
			 served.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.58 - Notification of Applicants

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant shall be notified within 90 days after the
				application due date whether the application has been denied or approved by the
				board and the amount of funds approved for the application.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.59 - Request for Reconsideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 An applicant may file with the board a request for reconsideration of the
			 denial or of the amount of an award. The request for reconsideration must be
			 submitted within ten working days of the date the notice of decision is mailed
			 or otherwise issued by the director to the grantee. The request must state
			 grounds for reconsideration. The board or a committee designated by the board
			 chairperson shall review the request in a timely manner. A decision of the
			 board or designated committee shall constitute final agency action.
(2) At the time a request for reconsideration
			 is received by the director, notice that a request for reconsideration has been
			 filed shall be sent to all approved applicants whose funds may be affected by
			 the request.
(3) Funds shall not be
			 disbursed pending a request for reconsideration to the extent that the funds
			 are affected by the outcome of the request. Every applicant that would be
			 adversely affected shall be notified if a request for reconsideration is
			 approved, and grant awards shall be reduced as necessary.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.60 - Contract Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 contract shall be negotiated by the department and the applicant.
(2) Prior to entering into a contract, the
			 department or the board may require modification of the proposed program,
			 submission of further information or documents, or other stipulation of the
			 applicant. The required modification, information, document, or stipulation
			 shall be specified in the notification of grant award.
(3) The applicant or the department may
			 request a modification of the program budget to reflect the amount, expenses
			 and activities allowed by the grant award. Both parties must agree to any
			 modification of the grantee program budget.
(4) In the event of a state, federal, or
			 other audit, the grantee shall be responsible for the audit and liable for
			 payment of any funds required to conduct the audit, to compensate for any grant
			 disallowance, or to repay any funds received or spent contrary to the contract,
			 these rules, or applicable law.
(5)
			 Funds shall be spent to meet the program proposals as provided in the contract.
			 Expenditures shall be reimbursed pursuant to regular reimbursement procedures
			 of the state of Iowa.
(6) The
			 grantee shall sign the certified assurances for the grant program at the time
			 of application and at any time requested by the division.
(7) Nothing in these rules shall be construed
			 as limiting the remedies available to the state or the program for improper use
			 of grant funds or other breach of the grantee's duties under the contract and
			 applicable law.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.61 - Performance Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Performance reports shall be submitted to the division from all
				grantees. Failure to submit reports by the due date shall result in suspension
				of financial payments to the grantee by the program until such time as the
				report is received. Delinquent or inadequate reports from prior grants may
				detrimentally influence the award of grants for the following
				year.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.62 - Termination

Current through Register Vol. 47, No. 3, July 24, 2024
Contracts may be terminated for the following reasons:
(1)
Termination by grantee.
The grantee may terminate the contract at any time during the
contract period by providing notice to the division.
(2)
Termination by
			 department.
The department may terminate a contract upon a ten-day
			 notice when the grantee or any of its subcontractors fail to comply with the
			 grant award stipulations, standards or conditions. The department may terminate
			 a contract when there is a reduction of funds by executive order or
			 otherwise.
(3)
Termination
			 for cause.
If the grantee fails to fulfill its obligations under the
			 agreement properly or on time, or otherwise violates any provision of the
			 agreement, the board may terminate the agreement by written notice to the
			 grantee. The notice shall specify the acts or omissions relied on as cause for
			 termination. All finished or unfinished products and services provided by the
			 grantee shall, at the option of the department, become state property. The
			 department shall pay the grantee fair and equitable compensation for
			 satisfactory performance prior to receipt of notice of termination minus any
			 funds owing to the department, e.g., damages for breach, improperly spent
			 funds.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.64 - Indemnification

Current through Register Vol. 47, No. 3, July 24, 2024
The grantee shall defend, indemnify, and hold harmless the
				state of Iowa, its officers, agents and employees and any of the state's
				federal funding sources for:
1.
			 Grantee's performance or nonperformance of a contract entered into or violation
			 of these rules.
2. Grantee's
			 activities with subcontractors and all other third parties, or any other act or
			 omission by a grantee, its agents, officers, and
			 employees.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.65 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
Grantees shall keep statistical records of services provided
				and any other records as required by the division. The division shall have
				immediate access during working hours to records pertaining to the contract. No
				notice need be provided the grantee prior to inspection of the
				records.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.80 - Administration of Sexual Abuse Examination Payment

Current through Register Vol. 47, No. 3, July 24, 2024
The crime victim assistance program of the department of
				justice shall administer the sexual abuse examination program as provided in
				Iowa Code section
				915.41.
				That section states in part:
"The cost of a medical examination for the purpose of gathering
				evidence and the cost of treatment for the purpose of preventing sexually
				transmitted disease shall be borne by the department of justice."
Requests for payment should be addressed to: Sexual Abuse
				Examination Payments, Crime Victim Assistance Division, Lucas State Office
				Building, Ground Floor, 321 East 12th Street, Des Moines, Iowa 50319; telephone
				(515)281-5044 or 1-800-373-5044.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.81 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Administration "
means administrator of the
				crime victim assistance program established in the department of
				justice.
"Board"
means crime victim assistance
				board.
"Department"
means the Iowa department of
				justice.
"Eligible claimant"
means a medical provider
				that provides a sexual abuse examination to a sexual assault victim. The
				following are eligible to file a claim with the crime victim assistance program
				in the event that they have made payment to a medical provider for the costs of
				a sexual abuse examination:
1. A
			 victim of sexual abuse.
2. A person
			 responsible for the maintenance of a sexual abuse victim.
3. A dependent of a victim who has died as a
			 result of injuries sustained in a sexual assault.
4. The guardian of a sexual abuse
			 victim.
"Reasonable charges "
means those ordinarily
				charged by the provider of the service to the general public for services of a
				similar nature.
"Sexual abuse"
means sexual abuse as defined
				in Iowa Code sections
				709.1 and
				726.2.
"Sexual abuse examination "
means a medical
				examination provided to a woman, man, or child to collect evidence of sexual
				abuse victimization of that person as defined in Iowa Code sections
				709.1 and
				726.2 and provide
				treatment for the prevention of sexually transmitted disease pursuant to Iowa
				Code section
				915.41.
				When applicable, the provider of a sexual abuse examination shall file a child
				abuse report with the Iowa department of human services as required by Iowa
				Code section
				232.70.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.82 - Application for Sexual Abuse Examination Payment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consideration for
			 payment.
The department will consider payment upon receipt of a claim
			 for reimbursement from a medical provider indicating that the claim is for the
			 collection of evidence by sexual abuse examination. In the case that a victim,
			 guardian of a victim, person responsible for the victim, or dependent of a
			 victim who died of injuries sustained in a sexual assault has paid part or all
			 of the charges incurred, a copy of the provider bill and documentation of
			 personal payment of the bill must be submitted for reimbursement. An
			 application for sexual abuse examination payment must include the federal
			 identification number or social security number of the claimant.
(2)
Application filing.
To
			 apply for payment under the sexual abuse examination program, the form or bill
			 submitted must identify the sexual assault victim by name, birth date, and
			 patient number, indicate that the claim is for a sexual abuse examination, and
			 itemize all services rendered and the fee for each service.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.83 - Computation of Sexual Abuse Examination Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Payment for examination.
The department shall make payment for sexual abuse examinations, as
			 appropriate, for services including, but not limited to:
a. Examiner's fee:
(1) To collect the patient's medical
			 history;
(2) To conduct a physical
			 examination;
(3) To collect
			 laboratory specimens;
(4) To test
			 for sexually transmitted diseases.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.84 - Victim Responsibility for Payment

Current through Register Vol. 47, No. 3, July 24, 2024
A victim of sexual abuse is not responsible for the payment of
				the costs of a sexual abuse examination determined to be eligible for payment
				by the department. A medical provider must not submit any costs associated with
				a sexual abuse examination to a victim's insurance or to the sexual abuse
				victim. A medical provider must not submit any remaining balance to the sexual
				abuse victim after the sexual abuse examination program has determined
				payment.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.85 - Sexual Abuse Examination-right to Restitution

Current through Register Vol. 47, No. 3, July 24, 2024
In all criminal cases under Iowa Code chapter 709 and sections
				726.2 and
				710.2
				in which there is a plea of guilty, verdict of guilty, or special verdict upon
				which a judgment of conviction is rendered, restitution may be ordered from the
				offender to the crime victim assistance program for the cost paid by the
				department for a sexual abuse examination rendered to the victim of that crime
				pursuant to Iowa Code section
				910.2.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.86 - Erroneous or Fraudulent Payment-penalty

Current through Register Vol. 47, No. 3, July 24, 2024
If a payment or overpayment of a reparation is made because of
				clerical error, mistaken identity, innocent misrepresentation by or on behalf
				of the recipient, or other circumstances of a similar nature, not induced by
				fraud by or on behalf of the recipients, the recipient is liable for repayment
				of the reparation. However, if the department does not notify the recipient of
				the erroneous payment or overpayment within one year of the date of payment,
				the recipient is not responsible for repayment to the department.
If a payment or overpayment has been induced by fraud by or on
				behalf of a recipient, the recipient is liable for repayment to the
				department.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.87 - Right to Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
An eligible claimant who disagrees with the department's
				decision concerning payment or amount of payment has the right to request
				reconsideration of that decision by the crime victim assistance board. The
				request for reconsideration must be received by the department within 60 days
				after the decision of the department is mailed.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 10 - Organization and Powers of the Iowa Consumer Credit Administrator › Rule 61-10.1 - Authority for and Division of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The following rules of organization and operation are adopted
				to describe the organization and practice of the administrator of the Iowa
				consumer credit code, Iowa Code chapter 537 and to otherwise implement the Iowa
				consumer credit code.
(1)
The
			 consumer credit code administrator.
Subject to the express provisions
			 of Iowa Code sections
			 537.6106 and
			 537.6108,
			 the consumer credit code administrator shall be the attorney general or an
			 assistant attorney general who shall be designated by the attorney general to
			 serve as the consumer credit code administrator under the control of the
			 attorney general. A power or duty under the Iowa consumer credit code reserved
			 solely to the attorney general shall be so indicated by use of the term
			 "attorney general."
(2)
Function.
The division head of the consumer protection
			 division is the attorney general's designee, who, except where a power or duty
			 is reserved to the attorney general, may act as administrator of the Iowa
			 consumer credit code in implementing, administering and enforcing the Iowa
			 consumer credit code.
(3)
Location.
The office of the administrator of the Iowa consumer
			 credit code is located in the Hoover State Office Building, Second Floor, 1300
			 East Walnut, Des Moines, Iowa 50319; telephone (515)281-5926. Office hours are
			 8 a.m. to 4:30 p.m., Monday to Friday.
(4)
Deputy consumer credit code
			 administrator.
The attorney general may appoint an individual as
			 deputy consumer credit code administrator who shall serve under the control of
			 the attorney general. If the office of the consumer credit code administrator
			 is vacant or if the consumer credit code administrator is absent or unable to
			 act, the deputy consumer credit code administrator shall be the acting
			 administrator.
(5)
Other
			 personnel.
The consumer credit code administrator or the deputy
			 consumer credit code administrator when serving as acting administrator may
			 appoint additional employees as are necessary to perform the duties imposed by
			 law upon the consumer credit code administrator.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 10 - Organization and Powers of the Iowa Consumer Credit Administrator › Rule 61-10.2 - Open Records

Current through Register Vol. 47, No. 3, July 24, 2024
All open records of the consumer credit code administrator are
				available for inspection by the public during business hours. Copies can be
				made by the public at a reasonable cost per page with the cost to be determined
				by and posted by the administrator.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 10 - Organization and Powers of the Iowa Consumer Credit Administrator › Rule 61-10.3 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
Any forms prescribed by the consumer credit code administrator
				for use by the public in its dealings with the administrator are available to
				the public at the consumer credit code administrator's office without charge or
				may be obtained by writing to or calling the administrator of the consumer
				credit code. The following form may be used by the public:
Complaint form. This is a form currently used by the consumer
				protection division of the office of the attorney general. The form requests
				the name and address of the complainant and respondent and any pertinent facts
				concerning the complaint. Except where requested by the consumer credit code
				administrator, a letter containing the above information can be used instead of
				this form.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 10 - Organization and Powers of the Iowa Consumer Credit Administrator › Rule 61-10.4 - Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information regarding the Iowa consumer credit code may be
				obtained by making a request to the consumer credit code administrator in
				writing, by telephone or in person. Requests should state with as much
				specificity as possible the legal issue(s) and the Iowa consumer credit code
				sections regarding which interpretation or information is sought. The consumer
				credit code administrator retains discretion to deny any request for advice
				when appropriate. Requesters should advise the consumer credit code
				administrator if the request involves issues which are pending in litigation.
				The consumer credit code administrator may respond either orally or in writing
				to informal requests for information. Responses of the consumer credit code
				administrator under this rule are for information only and are not binding upon
				the consumer credit code administrator.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 10 - Organization and Powers of the Iowa Consumer Credit Administrator › Rule 61-10.5 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Complaints of alleged violations of any provision of the Iowa
				consumer credit code may be made to the office of the consumer credit code
				administrator either orally or in writing and need not be in any particular
				form. However, the consumer credit code administrator may, as a matter of
				discretion, require a complainant to submit information on a form prescribed by
				the consumer credit code administrator if it appears that the complaint
				involves significant factual detail or if the consumer credit code
				administrator determines for any other reason that a formal complaint would aid
				the consumer credit code administrator in handling the complaint. The consumer
				credit code administrator may dispose of a complaint by correspondence or other
				informal communication.
Complaints concerning supervised financial organizations. If
				the consumer credit code administrator receives a complaint concerning a
				supervised financial organization or supervised loan licensee, the
				administrator shall, pursuant to Iowa Code section
				537.6105(2),
				inform the agency having supervisory authority over that person or
				organization.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 10 - Organization and Powers of the Iowa Consumer Credit Administrator › Rule 61-10.6 - Record of Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
The consumer credit code administrator shall keep a record of
				each written complaint received by the consumer credit code administrator that
				concerns issues under the Iowa consumer credit code. The complaint record shall
				include the allegations and any actions taken toward resolving the complaint,
				including any final disposition.