reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 5 - Annual Financial Reports › Rule 547-5.3 - Report Details

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Report
			 of results of operations.
The report of the results of operations, as
			 required by Iowa Code section
			 331.403, subsection 1, shall
			 provide details for county revenues by fund and source, and details for county
			 expenditures by fund and function.
(2)
Report of financial
			 condition.
The report of financial condition, as required by Iowa Code
			 section 331.403, subsection 1, shall
			 provide details for the assets, deferred outflows, liabilities, deferred
			 inflows, and fund balances of the various county funds.
(3)
Other details.
The
			 committee may prescribe that additional information, including but not limited
			 to details for county expenditures by department and object, shall be included
			 in the report details.
(4)
Reporting forms.
The committee through the director of the
			 department of management shall prescribe the forms to be used for reporting
			 annual financial report details.
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 5 - Annual Financial Reports › Rule 547-5.4 - Generally Accepted Accounting Principles

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compliance.
The annual financial report summary and report
			 details shall be prepared in conformity with generally accepted accounting
			 principles.
(2)
Waiver.
Rescinded IAB 3/19/2014, effective 4/23/2014.
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 6 - Petitions for Rule Making › Rule 547-6.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "designate office", insert "Room 12, State Capitol, Des Moines, iowa 50319." In lieu of the words "AGENCY NAME", the heading on the petition form should read:
BEFORE THE COUNTY FINANCE COMMITTEE
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 7 - Declaratory Orders › Rule 547-7.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate agency)", insert "committee". In lieu of the words "(designate office)", insert "the County Finance Committee, State Capitol, Room 12, Des Moines, iowa 50319-0015". In lieu of the words "(AGENCY NAME)", the heading on the petition form should read:
BEFORE THE COUNTY FINANCE COMMITTEE
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 7 - Declaratory Orders › Rule 547-7.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of the words "within_days",
			 insert "within 15 days". Strike the words "(after time for notice under
			 X.2(17A))". In lieu of the number "X.8(17A))", insert "7.8(17A)".
(2) In lieu of the words "(designate
			 agency)", insert "the committee".
(3) In lieu of the words "(designate
			 office)", insert "the County Finance Committee, State Capitol, Room 12, Des
			 Moines, iowa 50319-0015". In lieu of the words "(designate agency)", insert
			 "committee". In lieu of the words "(AGENCY NAME)", the heading on the petition
			 form should read:
BEFORE THE COUNTY FINANCE COMMITTEE
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 7 - Declaratory Orders › Rule 547-7.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(2) In
			 lieu of the words "(specify office and address)", insert "the County Finance
			 Committee, State Capitol, Room 12, Des Moines, iowa 50319-0015". In lieu of the
			 words "(agency name)", insert "committee".
(3) In lieu of the words "(inform rule on
			 contested cases X.12(17A))", insert "rule 481-10.02 (17A) "
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 7 - Declaratory Orders › Rule 547-7.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of the
			 words "(designate agency head)", insert "county finance committee".
(2) In lieu of the words "(contested case
			 uniform rule X.2(17A))", insert "rule
			 481-10.1 (10A) ".
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 8 - Agency Procedure for Rule Making › Rule 547-8.5 - 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
			 "County Finance Committee, Room 12, State Capitol, Des Moines, iowa
			 50319."
(5)
Accessibility.
In lieu of the words "(designate office and
			 telephone number)", insert "the county finance committee at
			 (515)281-5598".
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 8 - Agency Procedure for Rule Making › Rule 547-8.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Mailing
			 list.
In lieu of the words "designate office", insert "County Finance
			 Committee, Room 12, State Capitol, Des Moines, iowa 50319."
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 8 - Agency Procedure for Rule Making › Rule 547-8.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Categories exempt.
In lieu of the words "(List here narrowly
			 drawn classes of rules where such an exemption is justified and a brief
			 statement of the reasons for exempting each of them)", insert the following:
"a. Rules which are mandated by federal law
			 or regulation in any situation where the department has no option but to adopt
			 specified rules or where federal funding is contingent upon the adoption of the
			 rules;
"b. Rules which implement
			 recent legislation when a statute provides for an effective date which does not
			 allow for the usual notice and public participation requirements;
"c. Rules which confer a benefit or remove a
			 restriction on the public or some segment of the public;
"d. Rules which are necessary because of
			 imminent peril to the public health, safety or welfare; and
"e. Nonsubstantive rules intended to correct
			 typographical errors, incorrect citations, or other errors in existing
			 rules."
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 8 - Agency Procedure for Rule Making › Rule 547-8.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
In lieu of the words "specify office and address",
			 insert "County Finance Committee, Room 12, State Capitol, Des Moines, iowa
			 50319."
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 9 - Public Records and Fair Information Practices › Rule 547-9.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency."
In lieu of the words "(official or body issuing these rules)", insert "county finance committee". As used in these rules, unless the context otherwise requires, "committee" means the county finance committee and "director" means the director of the department of management.
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 9 - Public Records and Fair Information Practices › Rule 547-9.3 - 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 "county finance committee, department of management", and in
			 lieu of the words "(insert agency name and address)", insert "county Finance
			 Committee, Department of Management, State Capitol, Des Moines, iowa
			 50319"
(2)
Office
			 hours.
In lieu of the words "(insert customary office hours and if
			 agency does not have customary office hours of at least thirty hours per week,
			 insert hours specified in iowaCode 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 "thirty minutes".
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 9 - Public Records and Fair Information Practices › Rule 547-9.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open
			 records are routinely disclosed without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 9.10(17A,22) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the committee with advance written assurance that the record will be
			 used solely as a statistical research or reporting record, provided that the
			 record is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if a notice of the disclosure is transmitted
			 to the last-known address of the subject.
e. To the legislative services agency under
			 iowa Code section 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 9 - Public Records and Fair Information Practices › Rule 547-9.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects, for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
			 and members of the committee who have a need for the record in the performance
			 of their duties. The custodian of the record may, upon request of any officer
			 or employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the committee.
d. Transfers of information within the
			 committee to other state agencies, or to local units of government as
			 appropriate to administer the program for which the information is
			 collected.
e. Information released
			 to staff of federal and state entities for audit purposes or for purposes of
			 determining whether the committee is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 9 - Public Records and Fair Information Practices › Rule 547-9.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a subject individual.
To the extent
			 permitted by law, the subject may consent in writing to committee disclosure of
			 confidential records as provided in rule 9.7(17A,22).
(2)
Complaints to public officials.
			 A
letter from a subject of a confidential record to a public official
			 which seeks the official's intervention on behalf of the subject in a matter
			 that involves the agency may, to the extent permitted by law, be treated as an
			 authorization to release sufficient information about the subject to the
			 official to resolve the matter
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 9 - Public Records and Fair Information Practices › Rule 547-9.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The subject of
			 a confidential record may file a written request to review confidential records
			 about that person as provided in rule 547-6.6 (17A,22). However, the committee
			 need not release the following records to the subject:
a. The identity of a person providing
			 information to the committee need not be disclosed directly or indirectly to
			 the subject of the information when the information is authorized to be held
			 confidential pursuant to iowa Code section
			 22.7(18)  or
			 other provisions of law.
b. Records
			 need not be disclosed to the subject when they are the work product of an
			 attorney or are otherwise privileged.
c. Peace officers' investigative reports may
			 be withheld from the subject, except as required by the iowa Code. (See iowa
			 Code section 22.7(5)
			 )
d. As otherwise authorized by
			 law.
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 9 - Public Records and Fair Information Practices › Rule 547-9.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Committee records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The county finance committee maintains no records that are considered
			 confidential or that are prohibited from public disclosure.
(3)
Authority to release confidential
			 records.
The committee may have discretion to disclose some
			 confidential records which are exempt from disclosure under iowa Code section
			 22.7 or other law.
Any person may request permission to inspect records withheld
				from inspection under a statute which authorizes limited or discretionary
				disclosure as provided in rule 547-6.4 (24,26). If the agency initially
				determines that it will release such records, the agency may, where
				appropriate, notify interested parties and withhold the records from inspection
				as provided in subrule 9.4(3).
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 9 - Public Records and Fair Information Practices › Rule 547-9.16 - Other Records

Current through Register Vol. 47, No. 3, July 24, 2024
The committee maintains a variety of records which do not generally contain information pertaining to named individuals. The committee maintains the following records, not heretofore listed, which do not generally contain personally identifiable or confidential information: minutes from the committee meetings, guidelines for program budgeting and accounting and preparation of capital improvement plans, studies of county revenues and expenditures, and advice and recommendations to the governor, annually.
Iowa Administrative Code › Agency 547 - County Finance Committee › Chapter 9 - Public Records and Fair Information Practices › Rule 547-9.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the committee to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of, or access to, records in the possession of the committee which
			 are governed by the rules of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 committee in reasonable anticipation of court litigation or formal
			 administrative proceedings. The availability of such records to the general
			 public or to any subject individual or party to such litigation or proceedings
			 shall be governed by applicable legal and constitutional principles, statutes,
			 rules of discovery, evidentiary privileges, and applicable rules of the
			 committee.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 1 - Description of Organization › Rule 561-1.1 - Authority and Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The department was created by Iowa Code section
				455A.2.
				The department has the primary responsibility for state parks and forests,
				protecting the environment, and managing fish, wildlife, and land and water
				resources in this state.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 1 - Description of Organization › Rule 561-1.4 - Location of Offices

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Director's office and central offices.
The director's office
			 and the central offices are located in the Wallace State Office Building, 502
			 East Ninth Street, Des Moines, Iowa 50319-0034. The reception area is located
			 on the fourth floor of the Wallace State Office Building. The main customer
			 service telephone number is (515)725-8200.
(2)
Conservation and recreation
			 division offices.
a.
Fisheries bureau offices.
The fisheries bureau offices are located in
			 the central offices and in district offices located throughout the state. The
			 locations of the district offices may be found on the department's
			 website.
b.
Land and
			 waters bureau offices.
The land and waters bureau offices are located
			 in the central offices.
c.
Law enforcement bureau offices.
The law enforcement bureau offices are
			 located in the central offices and in district offices located throughout the
			 state. The locations of the district offices may be found on the department's
			 website.
d.
Parks bureau
			 offices.
The parks bureau offices are located in the central offices
			 and in parks and state forests throughout the state. The locations of the state
			 parks, state recreation areas, and state forests may be found on the
			 department's website.
e.
Wildlife bureau offices.
The wildlife bureau offices are located in
			 the central offices and in district offices located throughout the state. The
			 locations of the district offices may be found on the department's
			 website.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 This chapter implements Iowa Code section
			 22.11
			 by establishing agency policies and procedures for the maintenance of records.
			 The purpose of this chapter is to facilitate public access to open records. It
			 also seeks to facilitate sound agency determinations with respect to the
			 handling of confidential records and the implementation of the fair information
			 practices Act. This agency is committed to the policies set forth in Iowa Code
			 chapter 22; agency staff shall cooperate with members of the public in
			 implementing the provisions of that chapter
(2) This chapter does not:
a. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier
b. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
c. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the regulations of another agency.
d. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
e. Make available records compiled in
			 reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable regulations.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency"
means the department of natural
				resources.
"Confidential record"
means a record which is
				not available as a matter of right for examination and copying by members of
				the public under applicable provisions of law. Confidential records include
				records or information contained in records that the agency is prohibited by
				law from making available for examination by members of the public, and records
				or information contained in records that are specified as confidential by Iowa
				Code section
				22.7 or other
				provision of law, but that may be disclosed upon order of a court, the lawful
				custodian of the record, or by another person duly authorized to release the
				record. Mere inclusion in a record of information declared confidential by an
				applicable provision of law does not necessarily make that entire record a
				confidential record.
"Custodian "
means the department of natural
				resources, or a person lawfully delegated authority by its director to act for
				the agency in implementing Iowa Code chapter 22.
"Open record"
means a record other than a
				confidential record.
"Personally identifiable information "
means
				information about or pertaining to an individual in a record which identifies
				the individual and which is contained in a record system.
"Record"
in these rules means the whole or a
				part of a "public record" as defined in Iowa Code section
				22.1.
"Record system "
means any group of records
				under the control of the agency from which a record may be retrieved by a
				personal identifier such as the name of an individual, number, symbol or other
				unique retriever assigned to an individual.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				22.7 or other
				applicable provisions of law, the lawful custodian may disclose certain
				confidential records to one or more members of the public. Other provisions of
				law authorize or require the custodian to release specified confidential
				records under certain circumstances or to particular persons. In requesting the
				custodian to permit the examination and copying of such a confidential record,
				the following procedures apply and are in addition to those specified for
				requests for access to records in rule 2.3(17A,22).
(1) Proof of identity. A person requesting
			 access to a confidential record may be required to provide proof of identity or
			 authority to secure access to the record.
(2) Requests. The custodian may require that
			 a request to examine and copy a confidential record be in writing. A person
			 requesting access to such a record may be required to sign a certified
			 statement or affidavit enumerating the specific reasons justifying access to
			 the confidential record and to provide any proof necessary to establish
			 relevant facts.
(3) Notice to
			 subject of record and opportunity to obtain injunction. After the custodian
			 receives a request for access to a confidential record, and before the
			 custodian releases such a record, the custodian may make reasonable efforts to
			 notify promptly any person who is a subject of that record, is identified in
			 that record, and whose address or telephone number is contained in that record.
			 To the extent such a delay is practicable and in the public interest, the
			 custodian may give the subject of such a confidential record to whom
			 notification is transmitted a reasonable opportunity to seek an injunction
			 under Iowa Code section
			 22.8,
			 and indicate to the subject of the record the specified period of time during
			 which disclosure will be delayed for that purpose.
(4) Request denied. When the custodian denies
			 a request for access to a confidential record, the custodian shall promptly
			 notify the requester If the requester indicates to the custodian that a written
			 notification of the denial is desired, the custodian shall promptly provide
			 such a notification that is signed by the custodian and that includes:
a. The name and title or position of the
			 custodian responsible for the denial; and
b. A citation to the provision of law vesting
			 authority in the custodian to deny disclosure of the record and a brief
			 statement of the reasons for the denial to this requester
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.6 - Procedure by Which Additions, Dissents or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				request with the custodian to review, and to have a written statement of
				additions, dissents or objections entered into, a record containing personally
				identifiable information pertaining to that person. However, this does not
				authorize a person who is a subject of such a record to alter the original copy
				of that record or to expand the official record of any agency proceeding.
				Requester shall send the request to review such a record or the written
				statement of additions, dissents or objections to the custodian or to the
				attorney general. The request to review a written statement must be dated and
				signed by requester, and shall include the current address and telephone number
				of the requester or the requester's representative.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, a
				person who is the subject of a confidential record may have a copy of the
				portion of that record concerning the subject disclosed to a third party. A
				request for such a disclosure must be in writing and must identify the
				particular record or records that may be disclosed, and the particular person
				or class of persons to whom the record may be disclosed (and, where applicable,
				the time period during which the record may be disclosed). The person who is
				the subject of the record and, where applicable, the person to whom the record
				is to be disclosed, may be required to provide proof of identity. (Additional
				requirements may be necessary for special classes of records.) Appearance of
				counsel on behalf of a person who is the subject of a confidential record is
				deemed to constitute consent for the agency to disclose records about that
				person to the person's attorney.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When an agency form requests a person to supply information
				about that person, the agency shall notify the person of the use that will be
				made of the information, which persons outside the agency might routinely be
				provided this information, which parts of the requested information are
				required and which are optional, and the consequences of a failure to provide
				the information requested. This notice may be given in these rules, on the
				written form used to collect the information, on a separate fact sheet or
				letter, in brochures, in formal agreements, in contracts, in handbooks, in
				manuals, verbally or by other appropriate means. Notice need not be given in
				connection with discovery requests in litigation or administrative proceedings,
				subpoenas, investigations of possible violations of law or similar demands for
				information.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 2.10(17A,22) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely as a statistical research or reporting record; provided that the record
			 is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if a notice of the disclosure is transmitted
			 to the last-known address of the subject.
e. To the legislative services agency under
			 Iowa Code section
			 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may, upon request of any officer or
			 employee or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action or
			 regulatory order
c. Disclosure to
			 the agency or officer which this office is advising or representing in the
			 matter in question or to the department of inspections and appeals for matters
			 in which it is performing services or functions on behalf of the
			 agency.
d. Transfer of information
			 within the agency, to other state agencies, or to local units of government as
			 appropriate to administer the program for which the information is
			 collected.
e. Information released
			 to staff of federal and state entities for audit purposes or for purposes of
			 determining whether the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to agency disclosure of confidential records as provided in
			 rule 2.7(17A,22).
(2)
Complaints to public officials.
A letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may
			 to the extent permitted by law be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The subject of a confidential record may file a written request to review
			 confidential records about that person as provided in rule 2.6(17A,22).
			 However, the agency need not release the following records to the subject:
a. The identity of a person providing
			 information to the agency need not be disclosed directly or indirectly to the
			 subject of the information when the information is authorized to be held
			 confidential pursuant to Iowa Code section
			 22.7(18)
			  or other provision of law.
b. Records need not be disclosed to the
			 subject when they are the work product of an attorney or are otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 the Iowa Code. See Iowa Code section
			 22.7(5).
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Agency records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Sealed bids received
			 prior to the time set for public opening of bids;
b. Tax records made available to the
			 agency;
c. Records which are exempt
			 from disclosure under Iowa Code section
			 22.7;
d. Minutes of closed meetings of a government
			 body;
e. Identifying details in
			 final orders, decisions and opinions to the extent required to prevent a
			 clearly unwarranted invasion of personal privacy or trade secrets under Iowa
			 Code section
			 17A.3(1)
"d";
f. Those portions of agency staff manuals,
			 instructions or other statements issued which set forth criteria or guidelines
			 to be used by staff in auditing, in making inspections, in settling commercial
			 disputes or negotiating commercial arrangements, or in the selection or
			 handling of cases such as operational tactics or allowable tolerances or
			 criteria for the defense, prosecution or settlement of cases when disclosure of
			 these statements would:
(1) Enable law
			 violators to avoid detection;
(2)
			 Facilitate disregard of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency.
g. Records which constitute attorney work
			 product, attorney-client communications, or which are otherwise privileged.
			 Attorney work product is confidential under Iowa Code sections
			 22.7(4),
			 622.10
			 and
			 622.11, Iowa
			 R.C.P. 122(c), Fed R. Civ. P. 26(b)(3), and case law. Attorney-client
			 communications are confidential under Iowa Code sections
			 622.10
			 and
			 622.11, the rules
			 of evidence, the Code of Professional Responsibility, and case law.
h. Any other records made confidential by
			 law.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information which is collected, maintained, and retrieved by the
				agency by personal identifier in record systems as defined in rule 2.2(17A,22).
				For each record system, this rule describes the legal authority for the
				collection of that information, the means of storage of that information and
				indicates whether a data processing system matches, collates, or permits the
				comparison of personally identifiable information in one record system with
				personally identifiable information in another record system. Records
				maintained by the department of natural resources, the environmental protection
				commission and the natural resource commission are in accordance with
				guidelines as set forth by the state records commission's file system. An
				updated index is maintained by the department and is available for public
				inspection. Records are collected pursuant to authorities contained in Iowa
				Code chapters 106, 107, 109, 109B, 110, 110A, 110B, 111, 111A, 111B, 112, 321G,
				458A, 460A and Iowa Code Title XI, subtitles I, 2, 3, 4 and 6. Agency records
				may include but are not limited to the following:
(1)
Department of natural
			 resources.
a.
Administration, organization, and management.
(1) Organization and management.
(2) Planning and programming.
(3) Administrative reports.
(4) Insurance and bonding.
(5) Departmental emergency
			 planning.
(6) Correspondence and
			 reference materials.
(7)
			 Information and public relations.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.15 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than record systems as defined in rule 2.2(17A,22). These records are
				routinely available to the public. However, the agencies' files of these
				records may contain confidential information. In addition, some records may
				contain information about individuals. Records are stored on paper, microfilm,
				microfiche, and, in some cases, automated data processing systems.
(1) Rule making. Rule-making records may
			 contain information about individuals making written or oral comments on
			 proposed rules. This information is collected pursuant to Iowa Code section
			 17A.4.
(2) Commission records. Agendas, minutes and
			 materials presented to the environmental protection commission and the natural
			 resource commission are available from the office of the director, except these
			 records concerning closed sessions which are confidential under Iowa Code
			 section
			 21.5(4).
			 Commission records contain information about people who participate in
			 meetings. This information is collected pursuant to Iowa Code section
			 21.3.
(3) Publications. News releases, annual
			 reports, Iowa Conservationist, project reports, agency newsletters, etc., are
			 available from the department offices for public information. Brochures
			 describing various department programs are available at local offices of the
			 department. Department news releases, project reports, the Conservationist, and
			 newsletters may contain information about individuals, including department
			 staff or members of the commission or committees.
(4) Statistical reports. Periodic reports for
			 various department programs are available from the department offices for
			 public information.
(5) Grants or
			 loans. Records on persons and institutions receiving grants or loans are
			 available through the institutions, also for public information. The records
			 may contain information about employees of a grantee.
(6) Published materials. The agency uses many
			 legal and technical publications in its work. The public may inspect these
			 publications upon request. Some of these materials may be protected by
			 copyright law.
(7) Policy manuals.
			 The agency employees' manual, containing the policies and procedures for
			 programs administered by the department, is available in every office of the
			 department. Policy manuals do not contain information about
			 individuals.
(8) All other records
			 that are not exempted from disclosure by law. The department maintains a
			 variety of records which do not generally contain information pertaining to
			 named individuals.
(9) All other
			 records that are not exempted from disclosure by law.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 3 - Submission of Information and Complaints-investigations › Rule 561-3.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter provides general guidance concerning the
				submission of information, supplies special telephone numbers for reporting
				certain types of information, and sets forth specific procedures for the
				submission and investigation of complaints.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 3 - Submission of Information and Complaints-investigations › Rule 561-3.2 - Submission of Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Submission of information generally.
Submissions should be
			 made directly to the division of the department for whose use the materials are
			 intended. Any person who submits materials should enclose a cover letter which
			 states clearly and concisely the use for which they are intended. Although the
			 department will attempt to return unsolicited information if requested, it
			 cannot guarantee return.
(2)
Exceptions.
When information is submitted pursuant to another
			 provision of these rules, the material should be submitted in accordance with
			 any applicable instructions contained in such statute or rule. Some examples of
			 such reporting include report of hazardous conditions pursuant to 567-subrule
			 131.2(1), wastewater bypasses pursuant to 567-subrule 63.6(2), manure releases
			 pursuant to 567-paragraph 65.2(9) "a, " and excess air emissions pursuant to
			 567-subrule 24.1(2). Examples of other submissions include requests for
			 confidential treatment of information in rule
			 561-2.5
			 (17A,22), petitions for rule making in rule
			 561-5.1
			 (17A), and petitions for declaratory rulings in rule
			 561-6.1
			 (17A) and complaints.
(3)
Hunting, fishing, and trapping violations.
Suspected
			 violations of hunting, fishing, and trapping laws may be reported at any time
			 by dialing toll-free Callers remain anonymous.
(4)
Emergency incident
			 reports.
The 24-hour emergency telephone number for the reporting of
			 hazardous conditions as provided in 567-subrule 131.2(1) (Iowa Code section
			 455B.386
			) or emergency releases required to be reported in accordance with the
			 Emergency Planning and Community Right-to-know Act as provided in Iowa Code
			 section
			 30.8
			 is (515)281-8694. During nonbusiness hours this number is answered by staff of
			 the department of public safety, who will obtain the caller's name, telephone
			 number, and information relating to the incident. This information will be
			 forwarded to staff of the department who will contact the caller Also, during
			 nonbusiness hours this number may be used to report wastewater bypasses, manure
			 releases, and excess air emissions.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 3 - Submission of Information and Complaints-investigations › Rule 561-3.3 - Submission of Complaints-investigations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General complaints.
Complaints other than those against department employees must be submitted, and
			 will be investigated, as follows:
a.
Submission requirements.
Complaints concerning alleged violations of
			 departmental statutes or rules should be submitted in writing to the
			 appropriate field office, district office, or the central office (see rule
			 1.4(17A,455 A)) and the nature of the complaint must be summarized in a concise
			 manner If the complaint is in the form of a petition, the signature, printed
			 name and address of each petitioner should be included in addition to a concise
			 summary of the complaint; and one representative also must be specified for the
			 purpose of receiving any communication from the department on behalf of all
			 petitioners.
b.
Investigation procedure.
(1)
			 Mandatory investigations. The department shall investigate the following types
			 of complaints: alleged unauthorized depleting uses of water pursuant to Iowa
			 Code section
			 455B.274;
			 alleged violations of air or water pollution statutes, rules or permits when
			 requested by any state agency, political subdivision, local board of health, or
			 25 residents of the state pursuant to Iowa Code subsections
			 455B.134(8)
			  and
			 455B.174(1).
			 The appropriate office shall conduct an investigation and notify the
			 complainant of the results of the investigation.
(2) Discretionary investigations. Complaints
			 not described in
3.3(1)"b"(1)
may be investigated by the
			 department if it appears that an investigation is needed to ensure compliance
			 with applicable departmental statutes or rules. In the case of written
			 complaints, the appropriate office shall notify the complainant of the results
			 of the investigation or of its decision not to conduct an investigation, unless
			 the complaint is anonymous.
c.
Confidentiality.
In some
			 cases, names of complainants may be kept confidential by the department
			 pursuant to Iowa Code subsection
			 22.7(18)
			  (see rule
			 561-2.5
			 (17A,22)).
d.
Anonymous
			 complaints.
Complaints may be submitted from anonymous sources and
			 will be handled as discretionary investigations. In these cases, the department
			 will not be able to notify the complainants of the results of the
			 investigations.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 4 - Agency Procedure for Rule Making › Rule 561-4.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(3)
Copies of notices.
In
			 lieu of the words "(specify time period)", insert "one state fiscal year (July
			 1 to June 30)". Also, add the following new sentence: "Subscriptions must be
			 renewed annually by June 15."
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 4 - Agency Procedure for Rule Making › Rule 561-4.5 - 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 "Compliance and
			 Enforcement Bureau, Environmental Protection Division, Department of Natural
			 Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa
			 50319".
(5)
Accessibility.
In lieu of the words "(identify office and
			 telephone number)", insert "the director's office, department of natural
			 resources, (515)281-5385".
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 4 - Agency Procedure for Rule Making › Rule 561-4.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Mailing list.
In lieu of the words "(designate office)",
			 insert "Compliance and Enforcement Bureau, Environmental Protection Division,
			 Department of Natural Resources, Wallace State Office Building, 502 East 9th
			 Street, Des Moines, Iowa 50319".