Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 1 - Operation of Environmental Protection Commission › Rule 567-1.8 - Sales and Leases of Goods, Real Estate, and Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Sales
				and leases.
The general provisions for the sales and leases of goods,
				real estate, and services by commission members are governed by rule
				351-6.11 (68B).
(2)
Consent by rule.
The
				commission concludes that sales or leases of goods, real estate, or services
				described in this paragraph do not, as a class, constitute the sale or lease of
				a good, real estate, or service that affects an official's functions.
				Application and department approval are not required for these sales or leases
				unless there are unique facts surrounding a particular sale or lease which
				would cause that sale or lease to affect the official's duties or functions,
				would give the buyer an advantage in its dealings with the department, or would
				otherwise present a conflict of interest.
Sales or leases for which consent is granted by rule
				  are:
a. Nonrecurring sale or lease of
				goods and services if the official is not engaged for profit in the business of
				selling or leasing those goods or services.
b. Sale or lease of farm products at market
				prices to a buyer ordinarily engaged in the business of purchasing farm
				products or to the general public at a farmer's market, retail store, or
				roadside stand.
c. Sale or lease of
				goods to general public at an established retail or consignment shop.
d. Sale or lease of legal, mechanical, or
				other services at market or customary prices. However, if an official's client
				or customer has a matter for decision before the commission, the official shall
				not participate in the discussion and voting on that matter unless consent has
				been obtained.
e. Sale or lease of
				goods at wholesale prices to a buyer ordinarily engaged in the business of
				purchasing wholesale goods for retail sale.
f. Sale or lease of creative works of art,
				including but not limited to sculpture and literary products, at market,
				auction, or negotiated prices. However, if an official's customer has a matter
				for decision before the commission directly or indirectly involving that good,
				the official shall not participate in the discussion and voting on that matter
				unless consent has been obtained.
g. Sale or lease of goods to general public
				at market or franchiser-established prices. However, if an official's customer
				has a matter for decision before the commission, the official shall not
				participate in the discussion and voting on that matter unless consent has been
				obtained.
h. Sale or lease of real
				estate at a live auction or through an open or closed bidding process. However,
				if the buyer, seller, lessee, or lessor has a matter for decision before the
				commission within the next 12 months, the official shall not participate in the
				discussion and voting on that matter unless consent has been
				obtained.
i. The leasing of real
				estate; however, if the lessee or lessor has a matter for decision before the
				commission, the official shall not participate in the discussion and voting on
				that matter unless consent has been obtained.