reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 400 - Peace Officers- Retirement, Accident, and Disability System-governance and Administration › Rule 661-400.6 - Forms and Information

Current through Register Vol. 47, No. 3, July 24, 2024
Persons who wish to obtain forms or information about the
				peace officers' retirement, accident, and disability system shall address
				requests to:
Peace Officers' Retirement System
Iowa Department of Public Safety
State Public Safety Headquarters Building
215 East 7th Street
Des Moines, Iowa 50319
(515)725-6248
asdinfo@dps.state.ia.us
[Editorial change: IAC Supplement 6/17/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 400 - Peace Officers- Retirement, Accident, and Disability System-governance and Administration › Rule 661-400.7 - Annual Statements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) As
			 soon as practical after the close of each fiscal year, a statement of account
			 shall be furnished to each actively engaged member, which shall include the
			 member's contribution for the year.
(2) As soon as practical after the end of a
			 calendar year, and in any event within any deadlines for this purpose
			 established by the Internal Revenue Service or the Iowa department of revenue,
			 a Form 1099, W2-P or an equivalent shall be prepared for and mailed to each
			 person who received benefits during the year. The form shall detail the total
			 pension paid during the year and shall comply with any applicable requirements
			 established by the Internal Revenue Service and the Iowa department of
			 revenue.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 400 - Peace Officers- Retirement, Accident, and Disability System-governance and Administration › Rule 661-400.8 - Books of Account

Current through Register Vol. 47, No. 3, July 24, 2024
The following books of account shall be maintained by the
				secretary.
(1) Self-balancing
			 combination journal that records all receipts, disbursements and necessary
			 adjustments.
(2) Self-balancing
			 ledger of control accounts.
(3)
			 Schedules at the close of the fiscal year which shall detail all control
			 accounts except:
a. Pension reserve
			 account.
b. Pension accumulation
			 account.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 400 - Peace Officers- Retirement, Accident, and Disability System-governance and Administration › Rule 661-400.9 - Investments

Current through Register Vol. 47, No. 3, July 24, 2024
Investments of assets of the system shall be administered
				through the office of the treasurer of state. The board of trustees has the
				authority to direct the investment of funds, including, but not limited to, the
				execution of contracts with appropriately qualified individuals or firms to
				provide advice regarding investments.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 400 - Peace Officers- Retirement, Accident, and Disability System-governance and Administration › Rule 661-400.10 - Medical Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The medical
			 board shall consist of three physicians, including at least one occupational
			 medicine specialist, with the knowledge and experience to adequately evaluate
			 the fitness for duty of a peace officer.
(2) The board of trustees shall ratify the
			 composition of the medical board and all subsequent changes to the composition
			 of the medical board. The board of trustees may review the composition of the
			 medical board at any time.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.1 - Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for benefits under Iowa Code chapter 97A shall be
				filed with the secretary on forms provided by the secretary. Applications for
				service retirement shall be made not more than 90 days nor less than 30 days in
				advance of the date of retirement. Applications for service retirement,
				ordinary disability or accidental disability shall be reviewed by the secretary
				for completeness and then forwarded to the board of trustees.
(1)
Manner of review for ordinary or
			 accidental disability.
The secretary shall compile the following
			 materials, if available and applicable, for the board's review of a claim:
a. The application;
b. Any materials provided by the
			 applicant;
c. Any available medical
			 information in the possession of the board or the state;
d. Any information available through any
			 workers' compensation claims made by the applicant;
and
e.
			 Recommendations and reports from the medical board.
NOTE: This subrule does not impose a responsibility on the
				secretary to discover documents or evidence not in the secretary's possession.
				It is only intended to outline the types of evidence the secretary should
				provide to the board if available.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.2 - Determination on Initial Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Board approval.
The
			 board may approve or deny the application as presented or may direct the
			 applicant to provide further medical information.
(2)
Denial and appeal.
A
			 decision by the board to deny the application may be appealed by the applicant.
			 Written notice of a denial shall be provided to the applicant by certified
			 mail. The written notice shall disclose the applicant's right to appeal, the
			 procedure for filing an appeal, and the deadline for filing an appeal. An
			 appeal must be filed in writing with the secretary within 30 calendar days
			 after the applicant receives written notice of the decision of the board. The
			 board may extend the deadline for filing an appeal. At a minimum, an appeal
			 shall include a short and concise statement of the basis for the
			 appeal.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.3 - Applications for Reimbursement for Medical Attention

Current through Register Vol. 47, No. 3, July 24, 2024
Member beneficiaries may make application for reimbursement of
				the costs of medical attention as defined in rule
				661-400.2 (97A). This
				rule provides for the requirements of making application for reimbursement, the
				process for review and disposition of the application, and payment of approved
				applications.
(1)
Making
			 application.
a. An application for
			 reimbursement must be filed on a form provided by the secretary within 12
			 months of the member beneficiary's receiving treatment or incurring a cost for
			 medical attention.
b. In the event
			 there is a dispute with an insurance company regarding covered expenses, to
			 remain eligible for reimbursement, the member beneficiary must file a request
			 for extension, on a form provided by the secretary, if resolution of the
			 dispute is expected to exceed 12 months.
c. Expenses shall only be reimbursed if the
			 member beneficiary is retired as a result of an injury, illness or exposure
			 occurring while in the performance of duty and is receiving a benefit as
			 provided in Iowa Code section
			 97A.6(6).
d. Expenses shall be reimbursed only if the
			 member beneficiary received medical attention for a condition with direct
			 correlation to the disabling condition, the costs of which were not covered by
			 insurance.
e. The system shall not
			 reimburse for insurance premiums.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.101 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				all rules adopted by the board are subject to the provisions of Iowa Code
				chapter 17A and the provisions of this chapter.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.102 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the board
				may, before publication of a Notice of Intended Action, solicit comments from
				the public on a subject or subjects of possible rule making by the board by
				causing notice to be published in the Iowa Administrative Bulletin of the
				subject matter and indicating where, when, and how persons may comment, or by
				otherwise publicizing the interest of the board in soliciting comment on a
				subject or subjects of possible rule making. Any such effort shall include
				publication of the interest of the board on the department of public safety's
				Web site and may include publication in any other venue deemed appropriate by
				the board or officials or staff of the department.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.103 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Executive Order 9, the department maintains a
				current public rule-making docket. All rule-making activity of the board of
				trustees of the peace officers' retirement, accident, and disability system
				shall be included in the rule-making docket of the department, including a rule
				making which has formally commenced with a Notice of Intended Action and an
				anticipated rule making identified by the board or staff. The rule-making
				docket is maintained on the Web site of the department.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.104 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35
			 days before the adoption of rules, the agency rules administrator of the
			 department shall cause Notice of Intended Action to be published in the Iowa
			 Administrative Bulletin. The Notice of Intended Action shall include:
a. A brief explanation of the purpose of the
			 proposed rules;
b. The specific
			 legal authority for the proposed rules;
c. Except to the extent impracticable, the
			 text of the proposed rules;
d.
			 Where, when, and how persons may present their views on the proposed rules;
			 and
e. The date, time and place of
			 an oral proceeding at which any interested party may comment on the proposed
			 rules, or where, when, and how persons may demand an oral proceeding on the
			 proposed rules if the notice does not already provide for one.
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the department shall include in the
				notice a statement fully describing the specific subject matter of the omitted
				portion of the text of the proposed rule, the specific issues to be addressed
				by that omitted text of the proposed rule, and the range of possible choices
				being considered by the board for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.106 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
The agency rules administrator shall prepare a regulatory
				analysis of proposed rules in compliance with Iowa Code section
				17A.4A if
				requested pursuant to Iowa Code section
				17A.4A,
				subsection 1.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.107 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
For each Notice of Intended Action or emergency adoption of
				rules filed, the staff of the system and the department shall develop a fiscal
				impact statement in compliance with Iowa Code section
				17A.4,
				subsection 3, and procedures established by the legislative services agency, if
				the preparation of a fiscal impact statement is required.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.108 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 board shall not adopt a rule until the period for making written submissions
			 and oral presentations has expired. Within 180 days after the later of the
			 publication of the Notice of Intended Action, or the end of oral proceedings
			 thereon, the board shall adopt a rule pursuant to the rule-making proceeding or
			 terminate the proceeding by publication of a notice to that effect in the Iowa
			 Administrative Bulletin.
Exception: The board may waive the notice requirements or time
				periods specified in Iowa Code chapter 17A, in compliance with Iowa Code
				section
				17A.4,
				subsection 2, or Iowa Code section
				17A.5,
				subsection 2, paragraph
"b, "
or both.
(2)
Consideration of public
			 comment.
Before the adoption of a rule, the board shall consider fully
			 all of the written submissions and oral submissions received in that
			 rule-making proceeding or any memorandum summarizing such oral submissions, and
			 any regulatory analysis or fiscal impact statement issued in that rule-making
			 proceeding.
(3)
Reliance on
			 department expertise.
Except as otherwise provided by law, the board
			 may use its own experience, technical competence, specialized knowledge, and
			 judgment, or that of department staff, in the adoption of a rule.
(4)
Adoption by reference.
The board may, by adoption of an administrative rule, adopt by reference
			 another document produced by the board, the department, another agency of Iowa
			 government, a federal agency, or any other organization. If any document or
			 portion of any document is adopted by reference and is not already available in
			 the state law library, the department shall provide a copy of the document for
			 filing in the state law library, in compliance with Iowa Code section
			 17A.6,
			 subsection 4.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.109 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 board shall not adopt a rule that differs from the rule proposed in the Notice
			 of Intended Action on which the rule is based unless:
a. The differences are within the scope of
			 the subject matter announced in the Notice of Intended Action and are in
			 character with the issues raised in that notice; and
b. The differences are a logical outgrowth of
			 the contents of that Notice of Intended Action and the comments submitted in
			 response thereto; and
c. The Notice
			 of Intended Action provided fair warning that the outcome of that rule-making
			 proceeding could be the rule in question.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.110 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
When requested by a person, either prior to the adoption of a
				rule or within 30 days after its publication in the Iowa Administrative
				Bulletin as an adopted rule, the board shall issue a concise statement of
				reasons for the rule. Requests for such a statement must be in writing and be
				delivered to the Agency Rules Administrator, Department of Public Safety, State
				Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa
				50319. The request should indicate whether the statement is sought for all or
				only a specified part of the rule. Requests will be considered made on the date
				received. After a proper request, the board shall issue a concise statement of
				reasons by the later of the time the rule is adopted or 35 days after receipt
				of the request. If the board does not meet during the time between the receipt
				of a request and the deadline for issuance of the concise statement, the staff
				may issue the concise statement with the approval of the board chair.
[Editorial change: IAC Supplement 6/17/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.111 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall maintain an official rule-making record
				for each rule proposed by the board by publication in the Iowa Administrative
				Bulletin of a Notice of Intended Action, or adopts. The rule-making record and
				materials incorporated by reference shall be available for public inspection.
				Requests to view material from the rule-making record may be addressed to the
				agency rules administrator of the department.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.113 - Waivers of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
This rule outlines generally applicable standards and a uniform
				process for the granting of individual waivers from rules adopted by the board.
				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
				rule with respect to any waiver from the rule in question.
(1)
Requests for waivers.
Requests for waivers of rules shall be addressed to the secretary. A request
			 shall state specifically what provisions are requested to be waived, a concise
			 statement of the reasons for requesting the waiver, and any conditions proposed
			 to be placed on the waiver, including conditions which would substitute for
			 compliance with the provisions requested to be waived.
(2)
Applicability of rule.
The board may grant a waiver from a rule only if the board has jurisdiction
			 over the rule and the requested waiver is consistent with applicable statutes,
			 constitutional provisions, or other provisions of law. The board may not waive
			 requirements created or duties imposed by statute.
(3)
Criteria for waiver.
In
			 response to a petition completed pursuant to this rule, the board may, in its
			 sole discretion, issue an order waiving, in whole or in part, the requirements
			 of a rule if the board finds, based on clear and convincing evidence, all of
			 the following:
a. The application of the rule
			 would impose an undue hardship on the person for whom the waiver is
			 requested;
b. The waiver from the
			 requirements of the rule in the specific case would not prejudice the
			 substantial legal rights of any person;
c. The provisions of the rule subject to the
			 petition for a waiver are not specifically mandated by statute or another
			 provision of law; and
d.
			 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.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.201 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file with the secretary a petition to the board
				for a declaratory order as to the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of the board. A
				petition is deemed filed when it is received by that office. The secretary
				shall provide the petitioner with a file-stamped copy of the petition if the
				petitioner provides the agency an extra copy for this purpose. The petition
				must be typewritten or legibly handwritten in ink and must substantially
				conform to the following form:
Click here
				to view Image
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by rule 401.207(17A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.202 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the department shall give notice of the petition to all persons not
				served by the petitioner pursuant to rule 401.206(17A) to whom notice is
				required by any provision of law. The department may also give notice to any
				other persons.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.203 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person who
			 qualifies under any applicable provision of law as an intervenor and who files
			 a petition for intervention within 20 days of the filing of a petition for
			 declaratory order (after time for notice under rule 401.202(17A) and before
			 30-day time for agency action under rule 401.208(17A)) shall be allowed to
			 intervene in a proceeding for a declaratory order.
(2) Any person who files a petition for
			 intervention at any time prior to the issuance of an order may be allowed to
			 intervene in a proceeding for a declaratory order at the discretion of the
			 department.
(3) A petition for
			 intervention shall be filed with the secretary. Such a petition is deemed filed
			 when it is received by the secretary. The department shall provide the
			 petitioner with a file-stamped copy of the petition for intervention if the
			 petitioner provides an extra copy for this purpose. A petition for intervention
			 must be typewritten or legibly handwritten in ink and must substantially
			 conform to the following form:
Click here
				to view Image
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervener's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervener's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervener's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervener's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervener's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.204 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The department may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.206 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
Filing-when required.
All petitions for declaratory orders,
			 petitions for intervention, briefs, or other papers in a proceeding for a
			 declaratory order shall be filed with the secretary. All petitions, briefs, or
			 other papers that are required to be served upon a party shall be filed
			 simultaneously with the secretary.
(3)
Method of service, time of
			 filing, and proof of mailing.
Method of service, time of filing, and
			 proof of mailing shall be as provided by subrule 401.301(7).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.207 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the department may schedule a brief
				and informal meeting between the original petitioner, all intervenors, and the
				board, a member of the board, or a member of the staff of the department to
				discuss the questions raised. The board may solicit comments from any person on
				the questions raised. Also, comments on the questions raised may be submitted
				to the board by any person.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.208 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
			 the time allowed by Iowa Code section
			 17A.9(5),
			 after receipt of a petition for a declaratory order, the commissioner of public
			 safety or the commissioner's designee shall take action on the petition as
			 required by Iowa Code section
			 17A.9(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order is the date of mailing of a decision or order or date
			 of delivery if service is by other means unless another date is specified in
			 the order.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.209 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 board shall not issue a declaratory order where prohibited by Iowa Code section
			 17A.9,
			 subsection 1, and may refuse to issue a declaratory order on some or all
			 questions raised for the following reasons:
a.
			 The petition does not substantially comply with the required form.
b. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the failure of the board to issue an order.
c. The board does not have jurisdiction over
			 the questions presented in the petition.
d. The questions presented by the petition
			 are also presented in a current rule making, contested case, or other agency or
			 judicial proceeding that may definitively resolve them.
e. The questions presented by the petition
			 would more properly be resolved in a different type of proceeding or by another
			 body with jurisdiction over the matter.
f. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
g. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
h. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge an agency decision already
			 made.
i. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner.
j. The petitioner
			 requests the board to determine whether a statute is unconstitutional on its
			 face.
k. The petition relates to
			 any criminal investigation.
l. The
			 petition concerns any procedure or practice of the board or any other agency
			 related to initiation or conduct of criminal investigations or referral of
			 matters for possible criminal investigation or prosecution.
m. The petition states facts and
			 circumstances which are theoretical in nature to the extent that issuance of a
			 declaratory order is unlikely to assist in guiding future conduct or the
			 petitioner is neither a person with interest in the operation of the system nor
			 a representative of such a person. "Representative of such a person" includes
			 any organization with members or participants who are active or retired members
			 of the system, or family members or survivors of active or retired members of
			 the system.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.210 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its
				conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.211 - Copies of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A copy of all orders issued in response to a petition for a
				declaratory order shall be mailed promptly to each original petitioner and to
				each intervenor.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.212 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the board,
				the petitioner, and any intervenors who consent to be bound and is applicable
				only in circumstances where the relevant facts and the law involved are
				indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on the
				board. The issuance of a declaratory order constitutes final agency action on
				the petition.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.302 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pursuant to
			 Iowa Code chapter 17A, discovery procedures applicable in civil actions are
			 applicable in contested cases. Unless lengthened or shortened by these rules or
			 by order of the presiding officer, time periods for compliance with discovery
			 shall be as provided in the Iowa Rules of Civil Procedure.
(2) Any motion relating to discovery shall
			 allege that the moving party has previously made a good-faith attempt to
			 resolve the discovery issues involved with the opposing party. Motions in
			 regard to discovery shall be ruled upon by the presiding officer. Opposing
			 parties shall be afforded the opportunity to respond within ten days of the
			 filing of the motion unless the time is shortened by order of the presiding
			 officer. The presiding officer may rule on the basis of the written motion and
			 any response, or may order argument on the motion.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.303 - Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section 17A. 13, subsection 1, the board
				or the presiding officer acting on behalf of the board has the authority to
				issue subpoenas to compel the attendance of witnesses at depositions or
				hearings and to compel the production of professional records, books, papers,
				correspondence and other records which are deemed necessary as evidence in
				connection with a contested case. A subpoena issued in a contested case under
				the board's authority may seek evidence whether or not privileged or
				confidential under law.
(1) The board
			 chair shall, upon the written request of the applicant or the state, issue a
			 subpoena to compel the attendance of witnesses or to obtain evidence which is
			 deemed necessary in connection with a contested case. A command to produce
			 evidence may be joined with a command to appear at deposition or hearing or may
			 be issued separately.
(2) A request
			 for a subpoena shall include the following information, as applicable, unless
			 the subpoena is requested to compel testimony or documents for rebuttal or
			 impeachment purposes:
a. The name, address and
			 telephone number of the person requesting the subpoena;
b. The name and address of the person to whom
			 the subpoena shall be directed;
c.
			 The date, time, and location at which the person shall be commanded to attend
			 and give testimony;
d. Whether the
			 testimony is requested in connection with a deposition or hearing;
e. A description of the books, papers,
			 records or other evidence requested;
f. The date, time and location for
			 production, or inspection and copying.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.304 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the board or the presiding officer. The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing, except
			 motions for summary judgment, must be filed and served at least ten days prior
			 to the date of hearing unless there is good cause for permitting later action
			 or the time for such action is lengthened or shortened by rule of the board or
			 an order of the presiding officer.
(5) Motions for summary judgment shall comply
			 with the requirements of Iowa Rule of Civil Procedure 1.981 and shall be
			 subject to disposition according to the requirements of that rule to the extent
			 such requirements are not inconsistent with the provisions of this rule or any
			 other provision of law governing the procedure in contested cases.
Motions for summary judgment must be filed and served at least
				45 days prior to the scheduled hearing date, or other time period determined by
				the presiding officer. Any party resisting the motion shall file and serve a
				resistance within 15 days, unless otherwise ordered by the presiding officer,
				from the date a copy of the motion was served. The time fixed for hearing or
				nonoral submission shall be not less than 20 days after the filing of the
				motion, unless a shorter time is ordered by the presiding officer. A summary
				judgment order rendered on all issues in a contested case is subject to
				rehearing pursuant to rule 401.314(17A) and appeal pursuant to subrule
				401.312(2).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.305 - Settlements

Current through Register Vol. 47, No. 3, July 24, 2024
A contested case may be resolved by informal settlement, and
				settlements are encouraged. Settlement negotiations may be initiated at any
				stage of a contested case by the assistant attorney general appointed to
				represent the public interest or by the applicant. The board shall not be
				involved in negotiation until a written proposed settlement is submitted for
				approval, unless both parties waive this prohibition.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.306 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than seven days prior to the hearing date. A
			 prehearing conference shall be scheduled not less than three business days
			 prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the presiding officer to all parties. For good cause, the presiding officer may
				permit variances from this rule.
(2) Each party shall bring to the prehearing
			 conference:
a. A final list of the witnesses
			 who the party anticipates will testify at hearing. Witnesses not listed may be
			 excluded from testifying unless there was good cause for the failure to include
			 their names.
b. A final list of
			 exhibits which the party anticipates will be introduced at hearing. Exhibits
			 other than rebuttal exhibits that are not listed may be excluded from admission
			 into evidence unless there was good cause for the failure to include
			 them.
c. Witness or exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the presiding officer at the prehearing conference. Any such
			 amendments must be served on all parties.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.307 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made to the presiding officer.
(1)
			 A written application for a continuance shall:
a. Be made at the earliest possible time and
			 no less than seven days before the hearing except in case of unanticipated
			 emergencies;
b. State the specific
			 reasons for the request; and
c. Be
			 signed by the requesting party or the party's representative.
An oral application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request unless that
				requirement is waived by the presiding officer. No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				where notice is not feasible. The presiding officer may waive notice of such
				requests for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.308 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				that request prior to the hearing. Unless otherwise provided, a withdrawal
				shall be with prejudice.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.309 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer shall have the authority to administer oaths, to admit or
			 exclude testimony or other evidence, and to rule on all motions and
			 objections.
(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. Any party may be represented by an attorney at the party's own
			 expense.
(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.
			 The parties shall present their cases in the sequence determined by the
			 presiding officer.
d. Each witness
			 shall be sworn or affirmed 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, the parties may be given the opportunity to present final
			 arguments.
f. The presiding officer
			 may enter a default judgment against a party who fails to appear at the
			 hearing.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.310 - 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 contested issues as provided in Iowa Code
			 section
			 97A.6.
(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.