reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.19 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer.
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner. Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
(a) intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.20 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer presides at the hearing, and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or to be represented in all hearings or
			 prehearing conferences related to their case. Partnerships, corporations, or
			 associations may be represented by any member, officer, director, or duly
			 authorized agent. Any party may be represented by an attorney or another person
			 authorized by law.
(4) Subject to
			 terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or afiirmed by the presiding officer or the court reporter, and be
			 subject to examination and cross-examination. The presiding officer may limit
			 questioning in a manner consistent with law;
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.21 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that good cause justifies expansion of the
			 issues. If the presiding officer decides to admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, shall receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents should normally be provided to opposing parties.
All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection shall be accompanied by a brief statement of the grounds upon
			 which it is based. The objection, the ruling on the objection, and the reasons
			 for the ruling shall be noted in the record. The presiding officer may rule on
			 the objection at the time it is made or may reserve a ruling until the written
			 decision.
(6) Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.24 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, Iowa public television shall provide a copy of
				the whole or any portion of the record at cost. The cost of preparing a copy of
				the record or of transcribing the hearing record shall be paid by the
				requesting party.
Parties who request that a hearing be recorded by certified
				shorthand reporters rather than by electronic means shall bear the cost of that
				recordation, unless otherwise provided by law.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the board
				may review an interlocutory order of the executive director In determining
				whether to do so, the board shall weigh the extent to which its granting the
				interlocutory appeal would expedite final resolution of the case and the extent
				to which review of that interlocutory order by the agency at the time it
				reviews the proposed decision of the presiding officer would provide an
				adequate remedy. Any request for interlocutory review must be filed within 14
				days of issuance of the challenged order, but no later than the time for
				compliance with the order or the date of hearing, whichever is
				first.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When Iowa
			 public television presides over the reception of evidence at the hearing, its
			 decision is a final decision.
(2)
			 When Iowa public television does not preside at the reception of evidence, the
			 presiding officer shall make a proposed decision. The proposed decision becomes
			 the final decision of the agency without further proceedings unless there is an
			 appeal to, or review on motion of, Iowa public television within the time
			 provided in rule 13.27(17A).
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the board within 30 days after issuance of the proposed
			 decision.
(2)
Review.
The board may initiate review of a proposed decision
			 on its own motion at any time within 30 days following the issuance of such a
			 decision.
(3)
Notice of
			 appeal.
An appeal of a proposed decision is initiated by filing a
			 timely notice of appeal with Iowa public television. The notice of appeal must
			 be signed by the appealing party or a representative of that party and contain
			 a certificate of service. The notice shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the agency decision on the existing record and whether, on the basis of
			 the grounds enumerated in subrule 13.27(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with Iowa public television within 20 days after
			 issuance of the final decision.
(4)
Notice to other parties.
A copy of the application shall be
			 timely mailed by the applicant to all parties of record not joining therein. If
			 the application does not contain a certificate of service, Iowa public
			 television shall serve copies on all parties.
(5)
Disposition.
Any
			 application for a rehearing shall be deemed denied unless the agency grants the
			 application within 20 days after its filing.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.29 - Stays of Agency Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition Iowa public television for a stay
			 of an order issued in that proceeding or for other temporary remedies, pending
			 review by the agency. The petition shall be filed with the notice of appeal and
			 shall state the reasons justifying a stay or other temporary remedy. The board
			 may rule on the stay or authorize the presiding officer to do so.
b. Any party to a contested case proceeding
			 may petition Iowa public television for a stay or other temporary remedies
			 pending judicial review of all or part of that proceeding. The petition shall
			 state the reasons justifying a stay or other temporary remedy.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.30 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 13 - Contested Cases › Rule 288-13.31 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare and, consistent with the Constitution
			 and other provisions of law, the agency may issue a written order in compliance
			 with Iowa Code section
			 17A.18 to suspend a
			 license in whole or in part, order the cessation of any continuing activity,
			 order affirmative action, or take other action within the jurisdiction of the
			 agency by emergency adjudicative order. Before issuing an emergency
			 adjudicative order the agency shall consider factors including, but not limited
			 to, the following:
a. Whether there has been
			 a sufficient factual investigation to ensure that the agency is proceeding on
			 the basis of reliable information;
b. Whether the specific circumstances which
			 pose immediate danger to the public health, safety or welfare have been
			 identified and determined to be continuing;
c. Whether the person required to comply with
			 the emergency adjudicative order may continue to engage in other activities
			 without posing immediate danger to the public health, safety or
			 welfare;
d. Whether imposition of
			 monitoring requirements or other interim safeguards would be sufficient to
			 protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the agency is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 14 - Criteria for Grants › Rule 288-14.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The division provides grant funding and contracts to a variety
				of entities throughout the state for support of educational telecommunications
				programs. To ensure objective evaluation of applicants for these funds, grant
				and contract application materials shall contain, at minimum, specific content.
				Program grant and contract application packets shall be developed by the
				division in accordance with these rules unless prohibited by or in conflict
				with appropriation language, the Iowa Code, the Iowa Administrative Code,
				federal regulations, or interagency agreements between the division and other
				state agencies.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 14 - Criteria for Grants › Rule 288-14.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions shall
				apply:
"Division"
means Iowa Public
				Television.
"Program grant or contract"
means the
				collective activities of a grant or contract funded through the
				division.
"Program period"
means the period of time
				during which the division intends to support the program without requiring
				recompetition for funds. The program period is specified within the grant
				application.
"Service delivery area"
means the defined
				geographic area for delivery of program services.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 14 - Criteria for Grants › Rule 288-14.3 - Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The following shall be included in all program grant and
				contract application materials made available by the division:
1. Funding source.
2. Program period.
3. Description of eligible
			 applicants.
4. Services to be
			 delivered.
5. Service delivery
			 area.
6. Target population to be
			 served (if applicable).
7. Funding
			 purpose.
8. Funding
			 restrictions.
9. Funding formula
			 (if any).
10. Matching requirement
			 (if any).
11. Reporting
			 requirements.
12. Performance
			 criteria (if any).
13. Need for
			 letters of support or other materials (if applicable).
14. Application due date.
15. Anticipated date of awarding
			 grant/contract.
16. Required
			 components of submitted grant applications.
17. An explanation of the review process and
			 the review criteria to be used by application evaluators, including, if
			 applicable, the number of points allocated per required component.
18. Appeal process in the event an
			 application is denied (only with competitive grant/contract process).
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 14 - Criteria for Grants › Rule 288-14.4 - Review Process (for competitive grants and contracts)

Current through Register Vol. 47, No. 3, July 24, 2024
The review process to be followed in determining the amount of
				funds to be approved for any competitive program grant or contract shall be
				described in the application. The review criteria and point allocation for each
				criterion shall also be described in the grant application
				material.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 14 - Criteria for Grants › Rule 288-14.5 - Appeal of Grant or Contract Denial or Termination

Current through Register Vol. 47, No. 3, July 24, 2024
Any applicant may appeal to the administrator the denial of a
				properly submitted competitive program grant or contract application or the
				unilateral termination of a competitive program grant or contract. Appeals must
				be in writing and received within ten working days of the date of the notice of
				decision and must be based on a contention that the process was conducted
				outside of statutory authority; violated state or federal law, policy, or rule;
				did not provide adequate public notice; was altered without adequate public
				notice; or involved conflict of interest by staff or committee members. The
				contested case procedures found in 288-Chapter 13 that govern the
				administrator's decision shall be applicable to any appeal of denial or
				termination.
In the notice of appeal, the applicant shall give a short and
				plain statement of the reasons for the appeal.
The administrator shall issue a decision within a reasonable
				time, not to exceed 60 days from the date of the appeal.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 1 - Organization and Administrative Procedures › Rule 289-1.1 - School Budget Review Committee

Current through Register Vol. 47, No. 3, July 24, 2024
The school budget review committee (SBRC) is established to review and make recommendations on any rules, regulations, directives, or forms relating to budgeting and accounting in school districts and area education agencies (AEA); to confer with local school districts and make recommendations on any budgeting or accounting matters; and to grant supplemental aid or to grant a modified allowable growth in the budget year for any school district or AEA that has unusual circumstances that create a need for additional funds for operations or that must abate an environmental hazard due to a state or federal regulation. The SBRC may grant use of the unexpended general fund for facilities under certain circumstances specified in the Iowa Code. The SBRC has the authority to direct the director of the department of education or the director of the department of management to make studies and investigations of school costs in any school district.
(1)
Membership.
The SBRC
			 shall be composed of the following six members:
a. The director of the department of
			 education who shall serve as chairperson and conduct all meetings unless
			 another member of the committee is asked by the director of the department of
			 education to assume this role. The director of the department of education is a
			 nonvoting member of the committee.
b. The director of the department of
			 management who shall serve as secretary unless another member of the committee
			 or department of education staff or department of management staff is asked by
			 the director of the department of management to assume this role. The
			 designated secretary shall not be a voting member, unless the designee is a
			 regular member of the committee.
c.
			 Four public members who are knowledgeable in the areas of school finance or
			 public finance issues shall be appointed by the governor to represent the
			 public. All committee members shall perform their assigned duties until a
			 replacement has been appointed.
d.
			 The department of education shall employ a staff person to assist the school
			 budget review committee.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 1 - Organization and Administrative Procedures › Rule 289-1.2 - Mailing Address

Current through Register Vol. 47, No. 3, July 24, 2024
The mailing address for all operations of the SBRC is Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa 50319-0146.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 1 - Organization and Administrative Procedures › Rule 289-1.3 - Information or Submissions

Current through Register Vol. 47, No. 3, July 24, 2024
Information inquiries or requests for hearings, declaratory rulings, for participation in the rule-making procedures of the SBRC, and for scheduling presentations to the committee should be addressed to the director of the department of education as chairperson of the SBRC.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 1 - Organization and Administrative Procedures › Rule 289-1.4 - Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Number.
The committee
			 shall meet and hold hearings each year and shall continue in session until it
			 has reviewed budgets of school districts and completed the other duties as
			 found in Iowa Code sections 257.30 through 257.32 and 260C.18B. A minimum of
			 three sessions to hold hearings shall be scheduled each fiscal year and shall
			 be held during the months of October, December, and March. Revisions to these
			 regularly scheduled sessions may be made if there are scheduling conflicts, if
			 the SBRC determines that additional sessions are necessary, or if there are not
			 sufficient hearing requests to hold a session.
(2)
Notification to legislators and
			 others.
a. Legislators shall be
			 notified of hearings of the SBRC for specific school districts, area education
			 agencies, or community colleges in their constituencies. Such notification may
			 be written, oral, or electronic.
b.
			 Public notice of all hearings scheduled by the SBRC shall be posted by the
			 department of education on the department's Web site and on the public notice
			 bulletin board on the first floor of the Grimes State Office Building, 400 E.
			 14th Street, Des Moines, Iowa.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 2 - Petitions for Rule Making › Rule 289-2.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designated office)", insert "the School Budget Review Committee, Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa 50319-0146". In lieu of the words "(AGENCY NAME)", the heading on the petition form should read:
"SCHOOL BUDGET REVIEW COMMITTEE"
[Editorial change: lAC Supplement 10/6/10]
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 2 - Petitions for Rule Making › Rule 289-2.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and address)", insert, "Chairperson, School Budget Review Committee, Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa 50319-0146".
[Editorial change: lAC Supplement 10/6/10]
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 3 - Declaratory Rulings › Rule 289-3.1 - Petition for Declaratory Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "the School Budget Review Committee, Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa 50319-0146". In lieu of the words "(AGENCY NAME)", the heading on the petition should read:
"SCHOOL BUDGET REVIEW COMMITTEE"
[Editorial change: lAC Supplement 10/6/10]
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 3 - Declaratory Rulings › Rule 289-3.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and address)", insert "Chairperson, School Budget Review Committee, Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa 50319-0146".
[Editorial change: lAC Supplement 10/6/10]
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 4 - Agency Procedure for Rule Making › Rule 289-4.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written
			 comments.
In lieu of the words "(identify office and address)", insert
			 "the School Budget Review Committee, Grimes State Office Building, 400 E. 14th
			 Street, Des Moines, Iowa 50319-0146".
[Editorial change: lAC Supplement
				10/6/10]
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 4 - Agency Procedure for Rule Making › Rule 289-4.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(3)
Mailing list.
In lieu of the words "(designate office)" insert
			 "the School Budget Review Committee, Grimes State Office Building, 400 E. 14th
			 Street, Des Moines, Iowa 50319-0146".
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 4 - Agency Procedure for Rule Making › Rule 289-4.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
In lieu of the words "(specify the office and
			 address)", insert "the School Budget Review Committee, Grimes State Office
			 Building, 400 E. 14th Street, Des Moines, Iowa 50319-0146".
[Editorial
				change: lAC Supplement 10/6/10]
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 5 - Public Records and Fair Information Practices › Rule 289-5.3 - 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 "chairperson of the committee". In lieu of the words "(insert
			 agency name and address)", insert "School Budget Review Committee, Grimes State
			 Office Building, 400 E. I4th Street, Des Moines, Iowa 50319-0146".
(2)
Office hours.
In lieu of
			 the words "(insert customary hours and, if agency does not have customary
			 office hours of at least thirty hours per week, insert hours specified in Iowa
			 Code section 22.4) ", insert "8 a.m. to 4:30
			 p.m. daily, excluding Saturdays, Sundays, and legal holidays".
(7)
Fees.
c.
Supervisory fee.
In lieu
			 of the words "(specify time period)", insert "one-half hour". In lieu of the
			 words "An agency wishing to deal with search fees authorized by law should do
			 so here", insert "The committee will give advance notice to the requester if it
			 will be necessary to use an employee with a higher hourly wage in order to find
			 or supervise the particular records in question, and shall indicate the amount
			 of that higher hourly wage to the requester"
[Editorial change: lAC
				Supplement 10/6/10]
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 5 - Public Records and Fair Information Practices › Rule 289-5.6 - 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 "the office of the chairperson of this committee".
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 5 - Public Records and Fair Information Practices › Rule 289-5.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) "Routine use"
			 means the disclosure of a record without the consent of the subject or
			 subjects, for a purpose for which the record was collected. It includes
			 disclosures required to be made by statute other than public records law, Iowa
			 Code chapter 22.
(2) To the extent
			 allowed by law, the following uses are considered routine uses of all committee
			 records:
a. Disclosure to those members of the
			 committee who have a need for the record in the performance of their
			 duties.
b. Information released to
			 staff of federal and state entities for audit purposes or to determine whether
			 the agency is operating a program lawfully.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 5 - Public Records and Fair Information Practices › Rule 289-5.12 - Rule-making Records

Current through Register Vol. 47, No. 3, July 24, 2024
These records are routinely available to the public and may contain information about individuals making written or oral comments on proposed rules or proposing rules or rule amendments. This information is collected pursuant to Iowa Code sections 17A.3, 17A.4 and 17A.7. These records are stored on paper and not in an automated data processing system.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 6 - Duties and Operational Procedures › Rule 289-6.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following definitions
				shall be used.
"Area education agency"
or
"AEA
				"
means a regional service agency organized under Iowa Code chapter
				273 that provides school improvement services for students, families, teachers,
				administrators, and the community.
"Authorized budget"
means the total dollars
				available as the expenditure limit for a school district for a specific fiscal
				year. This total is the combined district cost plus miscellaneous income
				actually received during the fiscal year, plus the unspent balance of the
				previous year.
"Base year "
means the school year ending
				during the calendar year in which a budget is certified.
"Basis of accounting"
means the accrual or
				modified accrual accounting basis under generally accepted accounting
				principles (GAAP) as defined by the Governmental Accounting Standards Board
				(GASB).
"Basis of budgeting "
means the accrual or
				modified accrual budgeting basis under GAAP as defined by GASB.
"Budget year"
means the school year beginning
				during the calendar year in which a budget is certified.
"Certified budget"
means the document which
				has been published and certified as provided for in Iowa Code chapter 24 and
				contains the amount proposed to be expended during the budget year.
"Class action "
means a situation that applies
				to multiple districts with the same or substantially similar needs and the SBRC
				has determined that the districts can be considered jointly in a single
				hearing.
"Committee"
means the school budget review
				committee (SBRC).
"Community college "
means a publicly
				supported school organized under Iowa Code chapter 260C.
"Expenditures "
means the total amounts paid
				from the general fund of a school corporation.
"Miscellaneous income "
means the receipts
				deposited to the general fund of the school district but not including any of
				the following:
1. Foundation aid.
2. Revenue obtained from the foundation property tax as defined
				in Iowa Code section 257.3(1).
3. Cash reserve levy.
4. Revenue obtained from the additional property tax under Iowa
				Code section 257.4.
"Modified supplemental amount"
means an
				amount expressed in dollars which is added to the district's authorized budget.
"School corporation "
means a school district,
				area education agency, or community college.
"School district"
means a school corporation
				organized under Iowa Code chapter 274.
"Unexpended fund balance "
means the school
				district's or AEA's fund balance in the general fund reported by the school
				district or AEA on the GAAP basis of accounting on its certified annual
				report.
"Unspent balance "
means the amount of the
				authorized budget for the general fund less the amount expended during the
				budget year on the GAAP basis of budgeting as reported by the school district
				on its certified annual report.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 6 - Duties and Operational Procedures › Rule 289-6.3 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request for hearing.
a. The
			 board of a school corporation requesting a hearing before the SBRC is required,
			 after taking official board action on the subject of the hearing, to submit an
			 electronic request to the committee stating the reason for the request for a
			 hearing.
b. A request must be
			 received by the committee at least one month prior to the date of the scheduled
			 hearing.
c. School corporations
			 with similar requests may appear and present their requests jointly at the
			 discretion of the SBRC chairperson.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 6 - Duties and Operational Procedures › Rule 289-6.4 - General Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review
			 of rules, regulations, directives and forms.
The committee may
			 recommend the revision of any rules, regulations, directives, or forms relating
			 to school district budgeting and accounting, confer with local school boards or
			 their representatives and make recommendations relating to any budgeting or
			 accounting matters, and direct the director of the department of education or
			 the director of the department of management to make studies and investigations
			 of school costs in any school district.
(2)
Hearing decisions.
The
			 committee shall maintain its decisions for each hearing. Materials provided by
			 the requesting school corporation, materials provided by the department of
			 education or department of management regarding each request, and the decisions
			 of the committee are available for access by the public, including members of
			 the general assembly.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 6 - Duties and Operational Procedures › Rule 289-6.5 - Budgets

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Generally accepted accounting
			 principles.
All school districts and AEAs shall budget on the GAAP
			 basis of budgeting as defined by GASB and as implemented in Uniform Financial
			 Accounting for Iowa LEAs and AEAs (UFA). School districts and area education
			 agencies shall use the chart of accounts defined in Uniform Financial
			 Accounting for Iowa LEAs and AEAs (UFA).
(2)
Accounting and
			 reporting.
School districts and AEAs shall maintain financial records
			 and prepare financial reports, including the certified annual report, in the
			 manner and by the procedures prescribed by the department of education or
			 department of management in the Uniform Financial Accounting for Iowa LEAs and
			 AEAs (UFA) manual and GAAP. School districts and AEAs shall use the chart of
			 accounts defined in Uniform Financial Accounting for Iowa LEAs and AEAs
			 (UFA).
(3)
Negative unspent
			 balances (exceeding authorized budgets).
If the school district has
			 incurred a negative unspent balance, it shall notify the SBRC no later than
			 October 15 and begin developing its corrective action plan to avoid future
			 negative unspent balances.
a. A listing of the
			 unspent balance as well as the unexpended fund balance of each school district
			 for each fiscal year shall be reviewed by the committee. The unspent balance
			 and the unexpended fund balance shall be presented on the GAAP basis.
b. The amount of any negative unspent balance
			 shall be automatically subtracted from the authorized budget of a given school
			 district during the subsequent fiscal year
c. The state board of education may be
			 notified of the school districts with negative unspent balances each year. The
			 notification shall include the amount by which the school district exceeded its
			 authorized budget.
d. The board
			 president of each school district with a negative unspent balance shall be
			 notified of the amount by which the school district exceeded its authorized
			 budget. The school districts shall inform the SBRC at the SBRC's next regularly
			 scheduled session of the plans that are being implemented to avoid future
			 negative unspent balances.
e. The
			 SBRC may require the district to continue to report progress on the district's
			 plans at regular intervals as determined by the committee until the committee
			 is satisfied that the district's financial condition concerns have been
			 resolved.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 6 - Duties and Operational Procedures › Rule 289-6.7 - Sharing

Current through Register Vol. 47, No. 3, July 24, 2024
The committee may recommend that two or more school districts jointly employ and share the services of any school personnel, or acquire and share the use of classrooms, laboratories, equipment, and facilities as specified in Iowa Code section 280.15.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 6 - Duties and Operational Procedures › Rule 289-6.9 - Special Education Administrative Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When a school
			 district presents evidence of unusual circumstances that would justify charging
			 administrative costs to the special education program, the committee may
			 authorize such expenditures.
(2)
			 The committee shall use the following criteria in evaluating the evidence
			 presented by the district:
a. The school
			 district has a separate facility for special education which has a sufficient
			 student population to warrant a certified special education administrator In
			 this case, the district, after it has received approval from the SBRC, may bill
			 the prorated cost to other resident districts as well as include the prorated
			 portion related to its own resident students in the special education program
			 expenditures.
b. The school
			 district has one or more private facilities located within the district with a
			 sufficient special education student population that is served by the district.
			 In this case, the district, after it has received approval from the SBRC, may
			 include the lower of the prorated actual administrative costs or the prorated
			 approved administrative costs in the billing to other resident districts in
			 proportion to each district's resident students in the program, but shall not
			 include the prorated portion related to its own resident students in the
			 special education program expenditures.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 6 - Duties and Operational Procedures › Rule 289-6.10 - Area Education Agency Budget Review

Current through Register Vol. 47, No. 3, July 24, 2024
Year-end special education support services assigned and unassigned fund balances exceeding 10 percent of the special education support services expenditures for that fiscal year may be reverted and reduced to 10 percent. The AEA shall report the necessary information for this calculation on its certified annual report to the department. The committee shall review the recommended reversion calculated by the department of education and shall make a recommendation to the department regarding final amounts to be reverted. The components of fund balances shall be determined in compliance with department of education guidance and GAAP.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter:
"Committee"
means the school budget review
				committee.
"Person"
means an individual, school
				corporation, government or governmental subdivision or agency, nonpublic
				school, partnership or association, or any legal entity.
"Waiver"
means action by the director which
				suspends in whole or in part the requirements or provisions of a rule as
				applied to an identified person on the basis of the particular circumstances of
				that person.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.2 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a uniform process for the granting of individual waivers from rules in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific provision shall supersede this chapter with respect to any waiver from that rule.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver from a rule may be granted only if the committee has jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. Statutory duties or requirements created by statute may not be waived.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule 289-4.6 (17A,Execord11), the committee may, in the committee's sole discretion, issue an order waiving in whole or in part the requirements of a rule if the committee finds, based on clear and convincing evidence, all of the following:
1. The application of the
			 rule to the person at issue would result in an undue hardship on the person for
			 whom the waiver is requested;
2.
			 The waiver from the requirement of the rule in the specific case would not
			 prejudice the substantial legal rights of any person;
3. The provisions of the rule subject to the
			 petition for a waiver are not specifically mandated by statute or another
			 provision of law;
4. Substantially
			 equal protection of public health, safety, and welfare will be afforded by a
			 means other than that prescribed in the particular rule for which the waiver is
			 requested; and
5. The waiver from
			 the requirements of the rule in the specific case would not have a negative
			 impact on the student achievement of any person affected by the
			 waiver
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
All petitions for waiver must be submitted in writing to the School Budget Review Committee, Grimes State Office Building, 400 E. 14th Street, Des Moines, Iowa 50319-0146. If the petition relates to a pending contested case, the petition shall be filed in the contested case proceeding, using the caption of the contested case.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, and telephone number of
			 the person for whom a waiver is being requested, and the case number of any
			 related contested case.
2. A
			 description and citation of the specific rule from which a waiver is
			 requested.
3. The specific waiver
			 requested, including the precise scope and duration.
4. The relevant facts that the petitioner
			 believes would justify a waiver under each of the five criteria described in
			 rule 289-4.4 (17A,ExecOrd11). This statement shall include a signed statement
			 from the petitioner attesting to the accuracy of the facts provided in the
			 petition and a statement of reasons that the petitioner believes will justify a
			 waiver.
5. A history of any prior
			 contacts between the board, the committee and the petitioner relating to the
			 regulated activity, license, or grant affected by the proposed waiver,
			 including a description of each affected item held by the requester, any
			 notices of violation, contested case hearings, or investigative reports
			 relating to the regulated activity, license, or grant within the last five
			 years.
6. A detailed statement of
			 the impact on student achievement for any person affected by the granting of a
			 waiver.
7. Any information known to
			 the requester regarding the board's or committee's treatment of similar
			 cases.
8. The name, address, and
			 telephone number of any person or entity that would be adversely affected by
			 the granting of a petition.
9. The
			 name, address, and telephone number of any person with knowledge of the
			 relevant facts relating to the proposed waiver.
10. Signed releases of information
			 authorizing persons with knowledge regarding the request to furnish the
			 committee with information relevant to the waiver.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the committee may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the committee may, on its own motion or at the petitioner's request, schedule a telephonic or in-person meeting between the petitioner and the committee.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The committee shall acknowledge a petition upon receipt. The committee shall ensure that notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law within 30 days of the receipt of the petition. In addition, the committee may give notice to other persons. To accomplish this notice provision, the committee may require the petitioner to serve the notice on all persons to whom notice is required by any provision of law and provide a written statement to the committee attesting that notice has been provided.
Iowa Administrative Code › Agency 289 - School Budget Review Committee › Chapter 8 - Waivers From Administrative Rules › Rule 289-8.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings shall apply in three situations:
(1) to any petition for a waiver filed within
			 a contested case;
(2) when provided
			 by rule or order; or
(3) when
			 required to do so by statute.