reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 8 - Internal Conduct of Employee Organizations › Rule 621-8.6 - Trusteeships

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application and establishment.
Prior to establishing a
			 trusteeship, an organization shall file an application to establish or
			 administer a trusteeship over a subordinate employee organization certified by
			 the agency. The organization shall attach a copy of its constitution and bylaws
			 to its application.
a. The board will review
			 the organization's constitution and bylaws and permit the establishment of a
			 trusteeship if the trusteeship procedures are reasonable.
b. Trusteeships shall be established or
			 administered by an organization over a subordinate employee organization only
			 in accordance with the constitution or bylaws of the organization which has
			 assumed trusteeship over the subordinate body and for the purpose of correcting
			 corruption or financial malpractice, assuring the performance of collective
			 bargaining agreements or other duties of a bargaining representative, restoring
			 democratic procedures or otherwise carrying out the legitimate objectives of
			 the employee organization.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 8 - Internal Conduct of Employee Organizations › Rule 621-8.7 - Failure to Comply With Employee Organization Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall not certify an employee organization or may
				revoke the existing certification(s) of an employee organization for failure to
				file a registration report, its constitution and bylaws, or an annual report or
				otherwise fail to comply with Iowa Code section
				20.25.
(1)
Upon completion of a valid
			 certification election.
If an employee organization fails to file a
			 registration report, constitution and bylaws, or annual report or otherwise
			 comply with these rules or Iowa Code section
			 20.25
			 within 90 days following the completion of a valid certification election, the
			 agency will not certify the employee organization and will serve notice of
			 noncertification. The agency may grant extensions of time for good
			 cause.
(2)
Failure to file
			 reports once certified.
If an employee organization fails to file a
			 registration report, constitution and bylaws, or annual report or otherwise
			 comply with these rules and Iowa Code section
			 20.25,
			 the agency may revoke the certification of the employee organization. When the
			 organization fails to comply following notice of its noncompliance, the agency
			 will order the employee organization to show cause why its certification should
			 not be revoked and set the matter for hearing.
(3)
Complaints by affected
			 parties.
A complaint that any employee organization has engaged in or
			 is engaging in any practice which constitutes a violation of Iowa Code section
			 20.25
			 may be submitted in writing to the board by any affected person. Upon receipt
			 of a complaint, the agency shall serve a copy upon the employee organization by
			 certified mail, return receipt requested. The board shall conduct a preliminary
			 investigation of the alleged violation. In conducting the investigation, the
			 board may require the production of evidence, including affidavits and
			 documents. If the investigation shows there is no reasonable cause to believe a
			 violation has occurred, the complaint shall be dismissed and the parties
			 notified. If the investigation shows reasonable cause to believe a violation
			 has occurred, the board shall notify the parties. If the parties are unable to
			 agree on an informal settlement after notification of reasonable cause, the
			 board shall schedule the complaint for hearing.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 9 - Administrative Remedies › Rule 621-9.1 - Final Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By board majority.
When a majority of the board presides at
			 the reception of the evidence in a contested case, the decision of the board is
			 a final decision of the agency.
(2)
By presiding officer.
When a majority of the board does not
			 preside at the reception of the evidence in a contested case, the presiding
			 officer shall make a proposed decision that becomes the final decision of the
			 agency without further proceedings unless:
a.
			 There is an appeal to the board or a petition for its review filed within 20
			 days of the filing of the proposed decision, or
b. The board, within 20 days of the filing of
			 the proposed decision, determines to review the decision on its own
			 motion.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 9 - Administrative Remedies › Rule 621-9.2 - Appeals or Petitions for the Board's Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of appeal or petition for
			 review.
An appeal to the board or a petition for review of a proposed
			 decision in a contested case proceeding shall be commenced by the filing of a
			 written notice of appeal or petition for review with the agency within 20 days
			 of the filing of the proposed decision.
(2)
Cross-appeals or cross-petitions
			 for review.
A cross-appeal or cross-petition for review may be taken
			 in the same manner as an appeal or a petition for review and shall be filed
			 within 20 days of the filing of the proposed decision or within 5 days after
			 the initial appeal or petition for review is filed, whichever is
			 later.
(3)
Method of
			 filing.
All appeals and petitions for review shall be electronically
			 filed pursuant to 621-Chapter 16.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 9 - Administrative Remedies › Rule 621-9.4 - Petition for Amicus Curiae Status

Current through Register Vol. 47, No. 3, July 24, 2024
Any person, employee organization or public employer who has a
				significant interest in an outcome of an appeal or review pursuant to either
				rule
				621-9.2
				(17A,20) or 621-9.3 (17A,20) may petition the board for amicus curiae status.
				Where the petition is granted by the board, the amicus curiae may submit briefs
				and arguments and participate in the same manner as an original party to the
				proceeding.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 9 - Administrative Remedies › Rule 621-9.5 - Board Proceedings on Appeal or Review

Current through Register Vol. 47, No. 3, July 24, 2024
On appeal from or review of a proposed decision, the board has
				all the power that it would have in initially making the final decision except
				as it may limit the issues after giving notice to the parties.
(1)
Procedure.
The parties
			 shall be given an opportunity to file briefs and, with the consent of the
			 board, present oral arguments to the board members who are to render the final
			 decision. If the board consents to the presentation of oral arguments, the
			 board shall file an order setting a time and place.
(2)
Standard of review.
The
			 board may reverse or modify any finding of fact if a preponderance of the
			 evidence will support a determination to reverse or modify such a finding, or
			 may reverse or modify any conclusion of law that the board finds to be in
			 error.
(3)
Final agency
			 action.
The decision rendered by the board on appeal or review shall
			 be a final decision of the agency.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 9 - Administrative Remedies › Rule 621-9.6 - Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
Any party may file an application for rehearing,
			 stating the specific grounds for rehearing and the relief sought, within 20
			 days after the date of the issuance of any final decision by the agency in a
			 contested case. An application for rehearing shall be deemed to have been
			 denied unless the board grants the application within 20 days after its
			 filing.
(2)
Method of
			 filing.
The application shall be electronically filed pursuant to
			 621-Chapter 16.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 9 - Administrative Remedies › Rule 621-9.7 - Stays of Agency Action

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
A party may file an application for a stay of
			 agency action. The board may, in its discretion and on such terms as it deems
			 proper, grant or deny the application.
(2)
Method of filing.
The
			 application shall be electronically filed pursuant to 621-Chapter
			 16.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 10 - Declaratory Orders › Rule 621-10.1 - Who May Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Any person, public employer or employee organization may file a
				petition with the board pursuant to 621-Chapter 16 for a declaratory order as
				to the applicability to specified circumstances of a statute, rule or order
				within the primary jurisdiction of the agency.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 10 - Declaratory Orders › Rule 621-10.2 - Contents of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a declaratory order must include:
(1) The name, address and telephone number of
			 the petitioner.
(2) A clear and
			 concise statement of the specific facts upon which the board is to base the
			 declaratory order.
(3) A citation
			 to and the relevant language of the specific statute, rule or order whose
			 applicability is questioned, and any other relevant law.
(4) The specific questions which the
			 petitioner wants answered, stated clearly and concisely.
(5) The answers to the questions desired by
			 the petitioner and a summary of the reasons urged by the petitioner in support
			 of those answers.
(6) The reasons
			 for requesting the declaratory order and disclosure of the petitioner's
			 interest in the outcome.
(7) 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.
(8) The names and addresses of other persons
			 or entities, or a description of any class of persons or entities known by
			 petitioner to be affected by or interested in the questions presented in the
			 petition.
(9) A certificate of
			 service of the petition upon any persons or entities required to be served with
			 a copy by rule
			 621-10.7
			 (17A,20). Service of the petition and proof thereof shall be in accordance with
			 621-subrules 2.15(3) and 16.10(1).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 10 - Declaratory Orders › Rule 621-10.3 - Caption

Current through Register Vol. 47, No. 3, July 24, 2024
The following caption is suggested for petitions for
				declaratory orders:
BEFORE THE PUBLIC EMPLOYMENT RELATIONS BOARD
IN THE MATTER OF:
(NAME OF THE PARTY REQUESTING THE RULING)
PETITION
}
CASE NO.
PETITIONER FOR
DECLARATORY ORDER
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 10 - Declaratory Orders › Rule 621-10.4 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within ten days after receipt of a petition for a declaratory
				order, the board shall give notice of the petition to all persons not served by
				the petitioner pursuant to rule 10.7(17A,20) to whom notice is required by any
				provision of law. The board may also give notice to any other persons or
				entities.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 10 - Declaratory Orders › Rule 621-10.5 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
			 qualify under any applicable provision of law as an intervenor and who file a
			 petition for intervention which complies with subrule 10.5(3) within 20 days of
			 the filing of a petition for declaratory order shall be allowed to intervene in
			 the proceeding.
(2) Any person who
			 files a petition for intervention which complies with subrule 10.5(3) at any
			 time prior to the issuance of the agency's final order in the matter may be
			 allowed to intervene in the proceeding at the discretion of the
			 board.
(3) A petition for
			 intervention in a declaratory order proceeding must include:
a. The name, address and telephone number of
			 the person seeking intervention.
b.
			 A clear and concise statement of the facts supporting the intervenor's standing
			 and qualifications for intervention.
c. A citation to and the relevant language of
			 any additional statutes, rules or orders and any other additional, relevant law
			 not specified in the petition for declaratory order
d. The answers to the questions presented in
			 the petition for declaratory order desired by the intervenor and a summary of
			 the reasons urged by the intervenor in support of those answers.
e. The reasons for requesting intervention
			 and disclosure of the intervenor's interest in the outcome.
f. A statement indicating whether the
			 intervenor is currently a party to any proceeding involving the questions at
			 issue and whether, to the intervenor's knowledge, those questions have been
			 decided by, are pending determination by, or are imder investigation by any
			 governmental entity.
g. The names
			 and addresses of other persons or entities, or a description of any class of
			 persons or entities known by intervenor to be affected by or interested in the
			 questions presented.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 10 - Declaratory Orders › Rule 621-10.6 - 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 by that party. The board may request a brief from the
				petitioner, any intervenor or any other person or entity concerning the
				questions raised.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 10 - Declaratory Orders › Rule 621-10.7 - Service of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
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 or entities identified in the petition for declaratory
				order or petition for intervention as affected by or interested in the
				questions presented, simultaneously with their filing with the board. The party
				filing a document is responsible for service on all parties and other affected
				or interested persons.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 10 - Declaratory Orders › Rule 621-10.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within the time allowed by Iowa Code section
				17A.9(5),
				after receipt of a petition for a declaratory order, the board or its designee
				shall take action on the petition as required by that
				section.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 10 - Declaratory Orders › Rule 621-10.9 - 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(1)
"b"
(2) 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 rule 621-10.2 (20).
b. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the board's failure to issue a declaratory 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 a declaratory order.
g. There is no need to issue a declaratory
			 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 persons or entities 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 the
			 petitioner.
j. The petitioner
			 requests the board to determine whether a statute is unconstitutional on its
			 face.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 11 - State Employee Appeals of Grievance Decisions and Disciplinary Actions › Rule 621-11.1 - Notice of Appeal Rights

Current through Register Vol. 47, No. 3, July 24, 2024
When the director of the Iowa department of administrative
				services (hereinafter referred to as the director) issues a response to an
				employee pursuant to Iowa Code section
				8A.415
				and the response does not grant the relief sought by the employee, the response
				shall include notice to the affected employee that the employee may appeal the
				response by filing an appeal with the public employment relations board within
				30 days of the date of the director's response.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 11 - State Employee Appeals of Grievance Decisions and Disciplinary Actions › Rule 621-11.2 - Filing of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grievances.
An employee, except an employee covered by a
			 collective bargaining agreement that provides otherwise, who has filed a
			 grievance and is not satisfied with the director's response, may file an appeal
			 with the agency. Such appeal must be filed within 30 calendar days following
			 the date the director's response was issued. However, if no response was issued
			 by the director within 30 calendar days following the filing of the third-step
			 grievance with the director, the employee may consider the grievance denied and
			 file an appeal with the agency or may await the director's response and, if not
			 satisfied, file an appeal within 30 days following the date the response is
			 issued.
(2)
Disciplinary
			 appeals.
A nonprobationary merit system employee as described in Iowa
			 Code section
			 8A.412,
			 except an employee covered by a collective bargaining agreement, who is
			 discharged, suspended, demoted, or otherwise receives a reduction in pay, and
			 who appeals the action to the director and is not satisfied with the director's
			 response, may file an appeal with the agency. Such appeal must be filed within
			 30 calendar days following the date the director's response was issued.
			 However, if no response was issued by the director within 30 calendar days
			 following the filing of the third-step grievance with the director, the
			 employee may consider the grievance denied and file an appeal with the agency
			 or may await the director's response and, if not satisfied, file an appeal
			 within 30 days following the date the response is issued.
(3)
Method of filing.
Appeals shall be electronically filed pursuant to 621-Chapter 16.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 11 - State Employee Appeals of Grievance Decisions and Disciplinary Actions › Rule 621-11.3 - Service of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall serve a copy of the appeal upon the director
				by ordinary mail in the manner specified in rules
				621-2.15
				(20) and 621-16.10(20).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 11 - State Employee Appeals of Grievance Decisions and Disciplinary Actions › Rule 621-11.4 - Content of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 appeal shall contain the following:
a. Name,
			 address, telephone number, and e-mail address of the appealing
			 employee;
b. Name of
			 agency/department by which the appealing employee is/was employed;
c. A brief statement of the reasons for the
			 appealing employee's dissatisfaction with the director's response;
d. A statement of the requested
			 remedy;
e. The name, address,
			 telephone number, and e-mail address of the appealing employee's
			 representative, if any;
f.
			 Signature of the appealing employee or employee's representative; and
g. In the case of a disciplinary action
			 appeal filed pursuant to Iowa Code section
			 8A.415(2),
			 a statement of whether the employee requests a hearing open to the
			 public.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 11 - State Employee Appeals of Grievance Decisions and Disciplinary Actions › Rule 621-11.5 - Content of Director's Response to the Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The director shall have 15 days from the
			 date of service of the employee's appeal in which to file a motion or answer
			 with the agency.
(2) The motion or
			 answer shall contain the following:
a. The
			 names of the appealing employee and the employing agency/department;
b. The name, address, telephone number, and
			 e-mail address of the employing agency's/department's representative;
c. A copy of the original grievance
			 and first-, second-, and third-step responses issued; and
d. Signature of the employing
			 agency's/department's representative.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 11 - State Employee Appeals of Grievance Decisions and Disciplinary Actions › Rule 621-11.6 - Right to a Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
An employee appealing a grievance pursuant to Iowa Code section
				8A.415(1) has a right to a hearing, which is open to the public. An employee
				appealing disciplinary action pursuant to Iowa Code section
				8A.415(2)
				 has a right to a hearing, which is closed to
				the public unless the employee requests a hearing open to the public. Hearings
				will otherwise be conducted in accordance with 621-Chapter 2.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 11 - State Employee Appeals of Grievance Decisions and Disciplinary Actions › Rule 621-11.7 - Final Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When
			 a majority of the board presides at the reception of the evidence in a
			 grievance or disciplinary action appeal, the decision of the board is the final
			 decision of the agency.
(2) When a
			 majority of the board does not preside at the reception of the evidence in a
			 grievance or disciplinary appeal, the presiding officer shall make a proposed
			 decision that becomes the final decision of the agency without further
			 proceedings unless:
a. There is a petition
			 for the board's review filed within 20 days of the filing of the proposed
			 decision, or
b. The board, within
			 20 days of the filing of the proposed decision, determines to review the
			 decision on its own motion.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 11 - State Employee Appeals of Grievance Decisions and Disciplinary Actions › Rule 621-11.9 - Costs of Certified Shorthand Reporters and Transcripts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial payment.
The
			 agency will arrange for a certified shorthand reporter to report the contested
			 case hearing and request that an original transcript of the hearing be prepared
			 by the reporter for the agency's use. The agency initially shall pay the
			 reporter's reasonable compensation for reporting the hearing and producing the
			 agency-requested transcript.
(2)
Taxation as costs.
The cost of reporting and of the
			 agency-requested transcript shall be taxed as costs against the nonprevailing
			 party or parties although the presiding officer, or the board on appeal or
			 review of a proposed decision and order, may apportion such costs in another
			 manner if appropriate under the circumstances.
(3)
Payment of taxed costs.
Following final agency action in a case, the agency will prepare and serve a
			 bill of costs upon the party or parties against whom the costs have been taxed.
			 Those parties shall, within 30 days of such service, remit to the agency the
			 amount specified in the bill of costs. Sums remitted to the agency shall be
			 considered repayment receipts as defined in Iowa Code section
			 8.2.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency"
means the public employment relations
				board or PERB.
"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 board or a person
				lawfully delegated authority 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"
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.
"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 or is
				maintained. "Routine use" includes disclosures required to be made by statute
				other than the public records law, Iowa Code chapter 22.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
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.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.4 - Procedures for 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 621-12.3(17A,20,22).
(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, email
			 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 specific 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 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.6 - 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 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.7 - 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 or exempt 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
			 621-12.1 (17A,20,22) 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 the
			 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 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.8 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent allowed by law, the following uses are considered
				routine uses of agency records:
(1)
			 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.
(2) 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.
(3) Disclosure to the department of
			 inspections and appeals for matters in which it is performing services or
			 functions on behalf of the agency.
(4) Transfers 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.
(5) 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.
(6) Any disclosure specifically authorized by
			 the statute under which the record was collected or
			 maintained.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.9 - 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 621-12.6 (17A,20,22).
(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 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.10 - 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
			 621-12.9 (17A,20,22). 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 records otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 Iowa Code section
			 22.7(5).
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.13 - 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
				621-12.1 (17A,20,22). The
				records listed may contain information about individuals. Unless otherwise
				designated, the authority for this agency to maintain the record is provided by
				Iowa Code chapter 20, the statutes governing the subject matter of the record,
				and the enabling statutes of the agency, where applicable. All records are
				stored electronically unless otherwise noted.
(1) Citizen inquiry and response files.
			 Individuals and representatives write or email this agency on a variety of
			 legal issues with regard to Iowa Code chapter 20. The agency does not generally
			 provide legal advice to individuals but may provide general
			 information.
(2) Internal agency
			 records. These records include agendas, minutes and materials presented during
			 meetings.
(3) Administrative
			 records. These records include documents concerning budgets, property
			 inventory, purchasing, yearly reports, office policies for employees, time
			 sheets, and printing and supply requisitions.
(4) Rule-making records. Official documents
			 executed during the promulgation of agency rules and public comments are
			 available for public inspection.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.15 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about individuals by an individual'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 agency which are
			 governed by the regulations of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded
			 programs.
5. 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, the Code of Professional
			 Responsibility, and applicable regulations.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 13 - Mediators › Rule 621-13.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Ad hoc mediator" means a person included on the list who
				enters into an independent contractor agreement with the agency to provide
				mediation to parties requesting impasse services pursuant to Iowa Code section
				20.20.
"Advocate" means a person who represents employers, employee
				organizations, or individuals or entities in labor relations or employment
				relations matters, including but not limited to the subjects of union
				representation and recognition matters, negotiations, mediation, arbitration,
				unfair or prohibited labor practices, equal employment opportunity, and other
				areas generally recognized as constituting labor or employment relations.
				"Advocate" includes representatives of employers or employees in individual
				cases or controversies involving workers' compensation, occupational health or
				safety, minimum wage, or other labor standards matters. "Advocate" also
				includes persons directly or indirectly associated with an advocate in a
				business or professional relationship as, for example, partners or employees of
				a law firm.
"FMCS" means the Federal Mediation and Conciliation
				Service.
"Qualified-mediator list" or"list" means the agency-maintained
				list of mediators who have met the criteria set forth in this
				chapter.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 13 - Mediators › Rule 621-13.3 - List and Status of Members

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 list. The agency shall maintain a list of mediators who meet the criteria for
			 listing contained in rule
			 621-13.4 (20)
			 and who remain in good standing.
(2) Adherence to standards and requirements.
			 Persons included on the list shall comply with the agency's administrative
			 rules pertaining to mediation. Mediators shall conform to the ethical standards
			 and procedures set forth in the current Code of Professional Conduct for Labor
			 Mediators, as approved and published by the Association of Labor Relations
			 Agencies, and chapter 11 of the Iowa Court Rules. When in conflict, the Code of
			 Professional Conduct for Labor Mediators shall take precedence over the Iowa
			 Court Rules.
(3) Status of FMCS and
			 ad hoc mediators. Ad hoc mediators and mediators employed by FMCS are not
			 employees of the state of Iowa.
(4)
			 Rights of persons on the list. Placement on the list shall be at the sole
			 discretion of the board.
(5)
			 Assignments. The agency has sole discretion to make and modify mediation
			 assignments.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 13 - Mediators › Rule 621-13.4 - Mediator Listing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Categories of mediators.
The list shall consist of three
			 categories of mediators:
a. The agency's
			 professional staff;
b. Mediators
			 employed by FMCS; and
c. Ad hoc
			 mediators.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 13 - Mediators › Rule 621-13.5 - Independent Contractor Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
An ad hoc mediator must enter into an independent contractor
				agreement with the agency prior to receiving mediation assignments. The
				independent contractor agreement between the ad hoc mediator and the agency
				shall establish the hourly rate, reimbursable fees and expenses, duration, and
				other terms and conditions.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 13 - Mediators › Rule 621-13.6 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Conflict of interest. The board shall determine whether a person has a conflict
			 of interest which may require denial of an application or removal from the list
			 or from individual assignments. A conflict of interest arises where:
a. A mediator is or has been an employee or
			 advocate for a party to the mediation within the prior two years; or
b. A mediator's immediate family member, or
			 any other person with whom the mediator has close, personal ties, is an
			 interested party in the outcome of the mediation; or
c. Any other matter that may create an
			 appearance of bias, lack of impartiality, or interest in the proceedings to
			 which the mediator may be or has been assigned.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 13 - Mediators › Rule 621-13.7 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Exemption from open meetings law.
In accordance with Iowa Code
			 section
			 20.17(3),
			 communications between the parties and the mediator during the course of a
			 mediation shall be exempt from the provisions of Iowa Code chapter
			 21.
(2)
Mediator
			 privilege.
In accordance with Iowa Code section
			 20.31(2),
			 a mediator shall not testify in judicial, administrative, arbitration, or
			 grievance proceedings regarding any matters occurring in the course of a
			 mediation, including any verbal or written communication or behavior, other
			 than facts relating exclusively to the timing or scheduling of mediation. A
			 mediator shall not produce or disclose any documents, including notes,
			 memoranda, or other work product, relating to mediation, other than documents
			 relating exclusively to the timing or scheduling of mediation.
(3)
Exception.
Subrule
			 13.7(2) shall not apply in any of the following circumstances:
a. The testimony, production, or disclosure
			 is required by statute;
b. The
			 testimony, production, or disclosure provides evidence of an ongoing or future
			 criminal activity; or
c. The
			 testimony, production, or disclosure provides evidence of child abuse as
			 defined in Iowa Code section 232.68(2).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 13 - Mediators › Rule 621-13.8 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Any affected person or party shall direct a complaint against a
				mediator who is on the list to the board. The board will consider the complaint
				and other relevant information and take such action it deems
				appropriate.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 13 - Mediators › Rule 621-13.9 - Inactive Status

Current through Register Vol. 47, No. 3, July 24, 2024
A member of the list who continues to meet the criteria for
				inclusion on the list shall inform the agency if the member is unavailable for
				assignment on a temporary basis because of illness, vacation, schedule, or
				other reasons. That member will not receive assignments during the period in
				which the member is unavailable.