reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 18 - Maintenance of Allowance for Loan and Lease Losses Account › Rule 189-18.4 - Allowance for Loan and Lease Losses

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The amount
			 carried in this account shall represent an amount at least equal to reasonably
			 foreseeable loan and lease losses. Each credit union is required to establish
			 and maintain a methodology to determine the amount needed in the allowance for
			 loan and lease losses account. Credit unions with $10 million or greater in
			 assets must determine allowance for loan and lease losses account in accordance
			 with generally accepted accounting principles (GAAP).
(2) The credit union's board of directors
			 must adopt a policy ensuring that loans are charged off in a timely
			 manner.
(3) At a minimum, the
			 account shall be adjusted at least quarterly or prior to the end of each
			 dividend period, or more often as required. The amount of the periodic
			 adjustments shall be determined by the credit union after all charge-offs and
			 recoveries applicable to the period have been recorded. Periodic adjustments to
			 the allowance for loan and lease losses account will be charged to the
			 provision for loan and lease losses.
(4) The credit union shall maintain full and
			 complete documentation of the determination of the balance in the allowance for
			 loan and lease losses account.
(5)
			 The maintenance of an allowance for loan and lease losses account shall not
			 eliminate the requirement for transferring the percentage of gross income
			 before the payment of a dividend to the credit union's regular reserves as
			 required by Iowa Code chapter 533.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 18 - Maintenance of Allowance for Loan and Lease Losses Account › Rule 189-18.5 - Allowance for Loan and Lease Losses Computation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Credit unions
			 are responsible for determining an adequate allowance for loan and lease losses
			 account and adopting a reasonable methodology for doing so. Credit unions with
			 assets $10 million or greater shall follow generally accepted accounting
			 principles (GAAP). In determining the appropriate allowance, each credit union
			 with less than $10 million in assets shall:
a.
			 Separate the loan portfolio into homogenous loan pools based on common risk
			 factors;
b. Calculate the net loss
			 percentage of each pool, using the historical loss or adjusted loss method
			 which includes consideration of: loan delinquency status; collection experience
			 of the credit union; economic conditions that may affect collectibility;
			 availability of pledged shares; collateral, security, or endorsers; insured or
			 guaranteed status; and the general credit reputation of the
			 borrowers;
c. Individually classify
			 loans with unique characteristics;
d. Add the resulting amounts to determine the
			 amount needed in the allowance for loan and lease losses account.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 18 - Maintenance of Allowance for Loan and Lease Losses Account › Rule 189-18.6 - Accounting Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 allowance for loan and lease losses account shall be charged with the amount of
			 the uncollectible loans which have been authorized for charge-off by the board
			 of directors or as directed by the superintendent. Likewise, recoveries on
			 loans charged off shall be credited to this account.
(2) Routine periodic adjustments to the
			 allowance for loan and lease losses account, accomplished during an accounting
			 or dividend period within the current fiscal year, shall be made by a charge to
			 the provision for loan and lease losses account.
(3) Prior period adjustments to the allowance
			 for loan and lease losses account, within the current fiscal year, may be
			 permitted only in relation to the correction of an error in a prior period
			 financial statement. These corrections shall be accounted for and reported in
			 the same manner as routine periodic adjustments, and shall be charged to the
			 current period expenses through the provision for loan and lease
			 losses.
(4) Prior period
			 adjustments to the allowance for loan and lease losses account, outside of the
			 current fiscal year, may be permitted only in relation to the correction of an
			 error in the previous fiscal year financial statement. These corrections shall
			 be accounted for and reported as a charge to the undivided earnings account. If
			 the result of this correction would create a deficit balance in the undivided
			 earnings account, the deficiency so created may be transferred to other
			 segregations of undivided earnings or to the legal reserve account, subject to
			 the prior approval of the superintendent.
(5) If a deficit is created in the legal
			 reserve account, through the establishment or maintenance of the allowance for
			 loan and lease losses account, the deficit shall be transferred first to
			 undivided earnings and, if this shall cause a deficit in undivided earnings,
			 then to other segregations of undivided earnings that may exist, exclusive of
			 the special reserve account should it be required by the
			 superintendent.
(6) The
			 superintendent may waive, in whole or in part, the requirement for the
			 maintenance of the allowance for loan and lease losses account which is in
			 excess of the statutory reserve requirements of Iowa Code chapter 533 but is
			 required under this chapter Such waiver shall be as a result of written
			 application from the directors of a credit union and shall set forth their
			 justification for the requested waiver
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 20 - Petitions for Rule Making › Rule 189-20.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition for rule making with the division at Credit Union Division, Attn: Rules Coordinator, 200 East Grand, Suite 370, Des Moines, Iowa 50309-1827. A petition is deemed filed when it is received by that office. The division must provide the petitioner with a file-stamped copy of the petition if the petitioner provides the division an extra copy for this purpose. The petition must be typewritten, or legibly handwritten in ink, and must substantially conform to the following form:
DEPARTMENT OF COMMERCE CREDIT UNION DIVISION
Petition by (Name of Petitioner) for the (adoption, amendment, or repeal) of rules relating to (state subject matter)
PETITION FOR RULE MAKING.
The petition must provide the following information:
1. A statement of the specific rule-making
			 action sought by the petitioner including the text or a summary of the contents
			 of the proposed rule or amendment to a rule and, if it is a petition to amend
			 or repeal a rule, a citation and the relevant language to the particular
			 portion or portions of the rule proposed to be amended or repealed.
2. A citation to any law deemed relevant to
			 the division's authority to take the action urged or to the desirability of
			 that action.
3. A brief summary of
			 petitioner's arguments in support of the action urged in the
			 petition.
4. A brief summary of any
			 data supporting the action urged in the petition.
5. 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 proposed action which is the subject of the
			 petition.
6. Any request by
			 petitioner for a meeting provided for by rule 20.4(17A).
(1) 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.
(2) The division may deny a petition because
			 it does not substantially conform to the required form.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 20 - Petitions for Rule Making › Rule 189-20.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of the action urged in the petition. The division may request a brief from the petitioner or from any other person concerning the substance of the petition.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 20 - Petitions for Rule Making › Rule 189-20.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making may be made to Credit Union Division, Attn: Rules Coordinator, 200 East Grand, Suite 370, Des Moines, Iowa 50309-1827.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 20 - Petitions for Rule Making › Rule 189-20.4 - Division Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within 14 days after the filing of a petition, the division must submit a copy
			 of the petition and any accompanying brief to the administrative rules
			 coordinator and to the administrative rules review committee. Upon request by
			 petitioner in the petition, the division must schedule a brief and informal
			 meeting between the petitioner and the division, a member of the division, or a
			 member of the staff of the division, to discuss the petition. The division may
			 request the petitioner to submit additional information or argument concerning
			 the petition. The division may also solicit comments from any person on the
			 substance of the petition. Also, comments on the substance of the petition may
			 be submitted to the division by any person.
(2) Within 60 days after the filing of the
			 petition, or within any longer period agreed to by the petitioner, the division
			 must, in writing, deny the petition, and notify petitioner of its action and
			 the specific grounds for the denial, or grant the petition and notify
			 petitioner that it has instituted rule-making proceedings on the subject of the
			 petition. Petitioner shall be deemed notified of the denial or grant of the
			 petition on the date when the division mails or delivers the required
			 notification to petitioner.
(3)
			 Denial of a petition because it does not substantially conform to the required
			 form does not preclude the filing of a new petition on the same subject that
			 seeks to eliminate the grounds for the division's rejection of the
			 petition.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the credit union division for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the credit union division, at Credit Union Division, Attn: Rules Coordinator, 200 East Grand Ave., Suite 370, Des Moines, Iowa 50309-1827. A petition is deemed filed when it is received by that office. The division shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the division an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:
DEPARTMENT OF COMMERCE CREDIT UNION DIVISION
Petition by (Name of Petitioner) for a Declaratory Order on (Cite provisions of law involved).
PETITION FOR DECLARATORY ORDER
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 21.7( 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 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.2 - 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 division shall give notice of the petition to all persons not served by the petitioner pursuant to 21.6(17A) to whom notice is required by any provision of law. The division may also give notice to any other persons.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.3 - 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 within 21 days of the filing of a petition for
			 declaratory order 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 credit union division.
(3) A petition for intervention shall be
			 filed at Credit Union Division, Attn: Rules Coordinator, 200 East Grand Ave.,
			 Suite 370, Des Moines, Iowa 50309-1827. Such a petition is deemed filed when it
			 is received by that office. The division will 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:
DEPARTMENT OF COMMERCE CREDIT UNION DIVISION
Petition by (Name of Original Petitioner) for a Declaratory
				Order on (Cite provisions of law cited in original petition)
PETITION FOR INTERVENTION
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 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.4 - 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 credit union division may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order proceeding may be made to Credit Union Division, Attn: Rules Coordinator, 200 East Grand Ave., Suite 370, Des Moines, Iowa 50309-1827.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.6 - 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 Credit Union Division,
			 Attn: Rules Coordinator, 200 East Grand Ave., Suite 370, Des Moines, Iowa
			 50309-1827. All petitions, briefs, or other papers that are required to be
			 served upon a party shall be filed simultaneously with the division.
(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 rule
			 189-22.12 (17A).
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the credit union division must schedule a brief and informal meeting between the original petitioner, all intervenors, and the credit union division, a member of the credit union division, or a member of the staff of the credit union division, to discuss the questions raised. The division may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to the credit union division by any person.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within the
			 time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a
			 petition for a declaratory order, the superintendent or the superintendent's
			 designee shall take action on the petition as required by 1998 Iowa Acts,
			 chapter 1202, section 13(5).
(2)
			 The date of issuance of an order or of a refusal to issue an order is as
			 defined in rule 189-22.2 (17A).
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 division shall not issue a declaratory order where prohibited by 1998 Iowa
			 Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory order
			 on some or all questions raised for the following reasons:
1. The petition does not substantially comply
			 with the required form.
2. The
			 petition does not contain facts sufficient to demonstrate that the petitioner
			 will be aggrieved or adversely affected by the failure of the division to issue
			 an order.
3. The credit union
			 division does not have jurisdiction over the questions presented in the
			 petition.
4. The questions
			 presented by the petition are also presented in a current rule making,
			 contested case, or other division or judicial proceeding, that may definitively
			 resolve them.
5. 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.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. 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 a division decision already
			 made.
9. 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.
10. The petitioner
			 requests the credit union division to determine whether a statute is
			 unconstitutional on its face.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.10 - 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 189 - Credit Union Division › Chapter 21 - Declaratory Orders › Rule 189-21.12 - 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 credit union division, the petitioner, and any intervenors 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 division. The issuance of a declaratory order constitutes final division action on the petition.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined by Iowa Code section 17A.2(5)  and includes any matter defined as a no factual dispute contested case under 1998 Iowa Acts, chapter 1202, section 14.
"Issuance "
means 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.
"Party"
means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.
"Presiding officer"
means the superintendent of credit unions, the superintendent's designee or, under certain circumstances, the administrative law judge.
"Proposed decision "
means the presiding officer's recommended findings of fact, conclusions of law, decision, and order in a contested case in which the superintendent did not preside.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
			 shall be computed as provided in Iowa Code subsection
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute.
			 Except for good cause stated in the record, before extending or shortening the
			 time to take any action, the presiding officer shall afford all parties an
			 opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.4 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
Any person claiming an entitlement to a contested case proceeding shall file a written request for such a proceeding within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the division action in question..
The request for a contested case proceeding should state the name and address of the requester, identify the specific division action which is disputed and, where the requester is represented by a lawyer, identify the provisions of law or precedent requiring or authorizing the holding of a contested case proceeding in the particular circumstances involved, and include a short and plain statement of the issues of material fact in dispute.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.5 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
			 commencement of the contested case proceeding. Delivery may be executed by:
a. Personal service as provided in the Iowa
			 Rules of Civil Procedure; or
b.
			 Certified mail, return receipt requested; or
c. First-class mail; or
d. Publication, as provided in the Iowa Rules
			 of Civil Procedure.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party
			 who wishes to request that the presiding officer assigned to render a proposed
			 decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within 20 days after
			 service of a notice of hearing which identifies or describes the presiding
			 officer as the division head or members of the division.
(2) The superintendent may deny the request
			 only upon a finding that one or more of the following apply:
a. Neither the division nor any officer of
			 the division under whose authority the contested case is to take place is a
			 named party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. An administrative law judge with the
			 qualifications identified in subrule 22.6(4) is unavailable to hear the case
			 within a reasonable time.
d. The
			 case involves significant policy issues of first impression that are
			 inextricably intertwined with the factual issues presented.
e. The demeanor of the witnesses is likely to
			 be dispositive in resolving the disputed factual issues.
f. Funds are unavailable to pay the costs of
			 an administrative law judge and an interdivision
appeal.
g.
			 The request was not timely filed.
h.
			 The request is not consistent with a specified statute.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.7 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested case proceeding may waive any provision of this chapter. However, the division in its discretion may refuse to give effect to such a waiver when it deems the waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.8 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural motions by telephone conference in which all parties have an opportunity to participate. Other telephone proceedings may be held with the consent of all parties. The presiding officer will determine the location of the parties and witnesses for telephone hearings. The convenience of the witnesses or parties, as well as the nature of the case, will be considered when location is chosen.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.9 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person shall withdraw from participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
			 degree of relationship that:
(1) is a party
			 to the case, or an officer, director or trustee of a party;
(2) is a lawyer in the case;
(3) is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) is likely to be a material witness in the
			 case; or
g. Has any other
			 legally sufficient cause to withdraw from participation in the decision making
			 in that case.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.10 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
(a) the matters at issue involve common
			 parties or common questions of fact or law;
(b) consolidation would expedite and simplify
			 consideration of the issues involved; and
(c) consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.11 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petition.
A petition in a contested case proceeding shall
			 state in separately numbered paragraphs the following:
a. The persons or entities on whose behalf
			 the petition is filed;
b. The
			 particular provisions of statutes and rules involved;
c. The relief demanded and the facts and law
			 relied upon for such relief; and
d.
			 The name, address and telephone number of the petitioner and the petitioner's
			 attorney, if any.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every pleading, motion, document, or
			 other paper filed in a contested case proceeding and every paper relating to
			 discovery in such a proceeding shall be served upon each of the parties of
			 record to the proceeding, including the person designated as advocate or
			 prosecutor for the state or the division, simultaneously with their filing.
			 Except for the original notice of hearing and an application for rehearing as
			 provided in Iowa Code section
			 17A.16(2), the
			 party filing a document is responsible for service on all parties.
(2)
Service
-
how
			 made.
Service upon a party represented by an attorney shall be made
			 upon the attorney unless otherwise ordered. Service is made by delivery or by
			 mailing a copy to the person's last-known address. Service by mail is complete
			 upon mailing, except where otherwise specifically provided by statute, rule, or
			 order.
(3)
Filing
-
when required.
After the notice of hearing, all pleadings,
			 motions, documents or other papers in a contested case proceeding shall be
			 filed with Credit Union Division, Attn: Contested Case Coordinator, 200 East
			 Grand Ave., Suite 370, Des Moines, Iowa 50309-1827. All pleadings, motions,
			 documents or other papers that are required to be served upon a party shall be
			 filed simultaneously with the credit union division.
(4)
Filing
-
when
			 made.
Except where otherwise provided by law, a document is deemed
			 filed at the time it is delivered to the credit union division, delivered to an
			 established courier service for immediate delivery to that office, or mailed by
			 first-class mail or state interoffice mail to that office, so long as there is
			 proof of mailing.
(5)
Proof
			 of mailing.
Proof of mailing includes either: a legible United States
			 Postal Service postmark on the envelope, a certificate of service, a notarized
			 affidavit, or a certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the Credit Union Division, Attn: Contested Case Coordinator, 200
				East Grand Ave., Suite 370, Des Moines, Iowa 50309-1827 and to the names and
				addresses of the parties listed below by depositing the same in (a United
				States post office mailbox with correct postage properly affixed or state
				interoffice mail).
(Date)
(Signature)
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.13 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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 as provided in subrule 22.13(1). The presiding officer may rule on
			 the basis of the written motion and any response, or may order argument on the
			 motion.
(3) Evidence obtained in
			 discovery may be used in the contested case proceeding if that evidence would
			 otherwise be admissible in that proceeding.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. A division
			 subpoena shall be issued to a party on request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a request
			 for a subpoena must be received at least three days before the scheduled
			 hearing. The request shall include the name, address, and telephone number of
			 the requesting party.
b. Except to
			 the extent otherwise provided by law, parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.15 - 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 division 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 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 division or an order of the presiding
			 officer.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.16 - 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; and
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 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.17 - 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 division may waive notice of such requests
				for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.19 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion
. A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer.
(2)
When filed
. Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner. Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention
. The movant shall demonstrate that:
(a) intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.20 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer presides at the hearing, and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or to be represented in all hearings or
			 prehearing conferences related to their case. Partnerships, corporations, or
			 associations may be represented by any member, officer, director, or duly
			 authorized agent. Any party may be represented by an attorney or another person
			 authorized by law.
(4) Subject to
			 terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or 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, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.21 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that good cause justifies expansion of the
			 issues. If the presiding officer decides to admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, shall receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents should normally be provided to opposing parties.
All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection shall be accompanied by a brief statement of the grounds upon
			 which it is based. The objection, the ruling on the objection, and the reasons
			 for the ruling shall be noted in the record. The presiding officer may rule on
			 the objection at the time it is made or may reserve a ruling until the written
			 decision.
(6) Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.24 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the division shall provide a copy of the whole or any portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party.
Parties who request that a hearing be recorded by certified shorthand reporters rather than by electronic means shall bear the cost of that recordation, unless otherwise provided by law.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the superintendent may review an interlocutory order of the presiding officer. In determining whether to do so, the superintendent shall weigh the extent to which its granting the interlocutory appeal would expedite final resolution of the case and the extent to which review of that interlocutory order by the division at the time it reviews the proposed decision of the presiding officer would provide an adequate remedy. Any request for interlocutory review must be filed within 14 days of issuance of the challenged order, but no later than the time for compliance with the order or the date of hearing, whichever is first.