reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.7 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The department will acknowledge receiving the petition and
				  ensure that, within 30 days of the receipt of the petition, notice of the
				  pendency of the petition and a concise summary of its contents have been
				  provided to all persons to whom notice is necessary by any provision of law. In
				  addition, the department may give notice to other persons. To accomplish this
				  notice provision, the department may obligate the petitioner to serve the
				  notice on all persons to whom notice is necessary by any provision of law and
				  provide a written statement to the department attesting that notice has been
				  provided.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.8 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				  17A.10 to
				  17A.18A regarding contested case
				  hearings apply in three situations:
(1) to any petition for a waiver filed within
				a contested case,
(2) when provided
				by rule or order, or
(3) when
				required to do so by statute.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.9 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver will be in writing and
				  will contain a reference to the particular person and rule or portion thereof
				  to which the order pertains, a statement of the relevant facts and the reasons
				  upon which the action is based, and a description of the precise scope and
				  operative period of any waiver issued.
(1)
General.
The final
				decision on whether the circumstances justify the granting of a waiver is in
				the sole discretion of the director, based on the unique, individual
				circumstances set out in the petition.
(2)
Compliance with Iowa Code
				standards.
The department applies the standards and burdens in Iowa
				Code section 17A.9A(3).
(3)
Administrative
				deadlines.
When the rule from which a waiver is sought establishes
				administrative deadlines, the director will balance the special individual
				circumstances of the petitioner with the overall goal of uniform treatment of
				all similarly situated persons.
(4)
Time for ruling.
The director will grant or deny a petition
				for a waiver as soon as practicable but, in any event, within 120 days of its
				receipt, unless the petitioner agrees to a later date. However, if a petition
				is filed in a contested case, the director will grant or deny the petition no
				later than the time at which the final decision in that contested case is
				issued. Failure of the director to grant or deny a petition within the time
				period is deemed a denial of that petition by the director. However, the
				director remains responsible for issuing an order denying a waiver.
(5)
Service of order.
Within
				seven days of its issuance, any order issued under this chapter is transmitted
				to the petitioner or the person to whom the order pertains, and to any other
				person entitled to such notice by any provision of law.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.11 - After Issuance of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Cancellation.
A waiver issued pursuant to this chapter may be
				withdrawn, canceled or modified if, after appropriate notice and hearing, the
				director issues an order finding any of the following:
a. The petitioner or the person who was the
				subject of the waiver order withheld or misrepresented material facts relevant
				to the propriety or desirability of the waiver; or
b. The alternative means for ensuring that
				the public health, safety and welfare will be adequately protected after
				issuance of the waiver order have been demonstrated to be insufficient;
				or
c. The subject of the waiver
				order has failed to comply with all conditions contained in the
				order.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.13 - Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued pursuant to this chapter may be withdrawn,
				  canceled or modified if, after appropriate notice and hearing, the director
				  issues an order finding any of the following:
1. The petitioner or the person who was the
				subject of the waiver order withheld or misrepresented material facts relevant
				to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
				the public health, safety and welfare will be adequately protected after
				issuance of the waiver order have been demonstrated to be insufficient;
				or
3. The subject of the waiver
				order has failed to comply with all conditions contained in the order
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of conditions in the waiver approval is the
				  equivalent of violation of the particular rule for which the waiver is granted.
				  As a result, the recipient of a waiver under this chapter who violates a
				  condition of the waiver may be subject to the same remedies or penalties as a
				  person who violates the rule at issue.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the director issues an order granting a waiver, the
				  order is a defense within its terms and the specific facts indicated therein
				  for the person to whom the order pertains in any proceeding in which the rule
				  in question is sought to be invoked.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 4 - Waivers From Administrative Rules › Rule 281-4.16 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the director's decision to grant or deny a
				  waiver petition may be taken in accordance with Iowa Code chapter
				  17A.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.1 - Exceptions and Additions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of "agency."
In lieu of the words "(official or
				body issuing these rules)" in uniform rule X.1, insert "department of
				education".
(2)
Request for
				access to record.
In subrule X.3(1), replace the paragraph with
				"Requests for access to records of the Iowa department of education are to be
				directed to the Grimes State Office Building, Des Moines, Iowa 50319-0146,
				regardless of where those records are located."
(3)
Office hours.
In lieu of
				the words "(insert customary office hours and, if agency does not have
				customary office hours of at least thirty hours per week, insert hours
				specified in Iowa Code section
				22.4)" in subrule X.3(2), insert
				"8 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays, and legal
				holidays".
(4)
Fees.
In paragraph X.3(7)
"c,"
in lieu of the
				words "(specify time period)", insert "one hour". The fee will be $60 per
				hour.
(5)
Procedure by
				which additions, dissents, or objections may be entered into certain
				records.
In rule X.6, in lieu of the words "(designate office)",
				insert "the office of the director of the agency".
(6)
Consent to disclosure by the
				subject of a confidential record.
In rule X.7, add the following
				paragraphs:
X.7(1) A letter from a subject of
				a confidential record to a public official who 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.
X.7(2) The subject of a
				confidential record may file a written request to review confidential records
				about that person as provided in rule
				281-5.6 (22,256). However, the
				agency need not release records to the subject in the following circumstances:
a. The identity of a person providing
				information to the agency need not be disclosed directly or indirectly to the
				subject of the information when the information is authorized to be held
				confidential pursuant to Iowa Code section
				22.7(18)  or
				other provision of law.
b. Records
				need not be disclosed to the subject when they are the work product of an
				attorney or are otherwise privileged.
c. Peace officers' investigative reports may
				be withheld from the subject, except as provided by the Iowa Code. (See Iowa
				Code section 22.7(5).)
d. As otherwise authorized by law.
X.7(3) Where a record has multiple
				subjects with interest in the confidentiality of the record, the agency may
				take reasonable steps to protect confidential information relating to another
				subject.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.2 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Records that
				are not confidential are routinely disclosed without the consent of the
				subject.
(2) Records that are
				confidential will be disclosed outside of the department only with the consent
				of the subject of the record or in circumstances in which consent of the
				subject is not legally necessary.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.3 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
Agency records are open for public inspection and copying
				  unless otherwise provided by rule or law. The agency may have discretion to
				  disclose some confidential records that are exempt from disclosure under Iowa
				  Code section 22.7 or other law. Any person
				  may request permission to inspect records withheld from inspection under a
				  statute that authorizes limited or discretionary disclosure as provided in rule
				  X.4(17A,22). If the agency initially determines that it will release these
				  records, the agency may, where appropriate, notify interested parties and
				  withhold the records from inspection as provided in this
				  chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.6 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Compel the agency to create a record that
				does not otherwise exist.
2.
				Require the agency to index or retrieve records that contain information about
				individuals by that person's name or other personal identifier.
3. Make available to the general public
				records that would otherwise not be available under the public records law,
				Iowa Code chapter 22.
4. Govern the
				maintenance or disclosure of, notification of or access to records in the
				possession of the agency that are governed by the rules of another agency. This
				chapter applies to all records of the department of education. This chapter
				does not apply to the records of the following agencies under the department
				that have their own rulemaking authority: college student aid commission,
				educational examiners board, and school budget review committee.
5. Apply to grantees, including local
				governments or subdivisions thereof, administering state-funded programs,
				unless otherwise provided by law or agreement.
6. Make available records compiled by the
				agency in reasonable anticipation of court litigation or formal administrative
				proceedings. The availability of such records to the general public orto any
				subject individual or party to such litigation or proceedings is governed by
				applicable legal and constitutional principles, statutes, rules of discovery,
				evidentiary privileges, and applicable rules of the agency.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
				without the consent of the subject.
(2) To the extent allowed by law, disclosure
				of confidential 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 5.10(256) or in the 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 an individual if a notice of the disclosure is transmitted
				to the last-known address of the subject.
e. To the legislative services
				agency.
f. Disclosures in the
				course of employee disciplinary proceedings.
g. In response to a court order or
				subpoena.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) "Routine use"
				means the disclosure of a record without the consent of the subject or
				subjects, for a purpose which is compatible with the purpose for which the
				record was collected. It includes disclosures required to be made by statute
				other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
				following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
				and agents of the agency who have a need for the record in the performance of
				their duties. The custodian of the record may, upon request of any officer or
				employee, or on the custodian's own initiative, determine what constitutes
				legitimate need to use confidential records.
b. Disclosure of information indicating an
				apparent violation of the law to appropriate law enforcement authorities for
				investigation and possible criminal prosecution, civil court action, or
				regulatory order
c. Disclosure to
				the department of inspections and appeals regarding matters in which it
				performs services or functions on behalf of the agency.
d. 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.
e. Information released
				to staff of federal and state entities for audit purposes or to determine
				whether the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
				the statute under which the record is collected or maintained.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
				subject individual.
To the extent permitted by law, the subject may
				consent in writing to agency disclosure of confidential records as provided in
				rule 5.7(256).
(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 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.12 - Release to a 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 5.6(256). However, the agency
				need not release the following records to the subject:
a. The identity of a person providing
				information to the agency need not be disclosed directly or indirectly to the
				subject of the information when the information is authorized to be held
				confidential pursuant to Iowa Code section
				22.7(18)
				 or other provision of law.
b. Records need not be disclosed to the
				subject when they are the work product of an attorney or are otherwise
				privileged.
c. Peace officers'
				investigative reports may be withheld from the subject, except as required by
				the Iowa Code. (See Iowa Code section
				22.7(5)
				)
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Agency records are open for public inspection
				and copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
				listed by category, according to the legal basis for withholding them from
				public inspection.
a. Sealed bids received
				prior to the time set for public opening of bids under Iowa Code section
				72.3.
b. Tax records made available to the agency.
				(Iowa Code sections
				422.20
				and
				422.72
				)
c. Records which are exempt from
				disclosure under Iowa Code section
				22.7.
d. Minutes of closed meetings of a government
				body. (Iowa Code section
				21.5(4)
				)
e. Identifying details in final orders,
				decisions and opinions to the extent required to prevent a clearly unwarranted
				invasion of personal privacy or trade secrets under Iowa Code section
				17A.3(1)
"d."
f. Those portions of agency staff manuals,
				instructions or other statements issued which set forth criteria or guidelines
				to be used by agency staff in auditing, in making inspections, in settling
				commercial disputes or negotiating commercial arrangements, or in the selection
				or handling of cases, such as operational tactics or allowable tolerances or
				criteria for the defense, prosecution or settlement of cases, when disclosure
				of these statements would:
(1) Enable law
				violators to avoid detection;
(2)
				Facilitate disregard of requirements imposed by law; or
(3) Give a clearly improper advantage to
				persons who are in an adverse position to the agency. (See Iowa Code sections
				17A.2 and
				17A.3
				)
g. Records which
				constitute attorney work product, attorney-client communications, or which are
				otherwise privileged. Attorney work product is confidential under Iowa Code
				sections
				22.7(4),
				622.10
				and
				622.11, Iowa
				R.C.P. 122(c), Fed. R. Civ. P. 26(b)(3), and case law. Attorney-client
				communications are confidential under Iowa Code sections
				622.10
				and
				622.11, the rules
				of evidence, the Code of Professional Responsibility, and case law.
h. Any other records made confidential by
				law.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.16 - 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 that person's name or
				other personal identifier
2. Make
				available to the general public records which would otherwise not be available
				under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
				notification of or access to, records in the possession of the agency which are
				governed by the rules of another agency. This chapter applies to all records of
				the department of education. Additional rules regarding records of the
				department's division of vocational rehabilitation services are also set forth
				in 281-Chapter 56, division VIII. This chapter does not apply to the records of
				the following agencies under the department's "umbrella" that have their own
				rule-making authority: college aid commission, Iowa advance funding authority,
				educational examiners board, and the school budget review committee.
4. Apply to grantees, including local
				governments or subdivisions thereof, administering state-funded programs,
				unless otherwise provided by law or agreement.
5. Make available records compiled by the
				agency in reasonable anticipation of court litigation or formal administrative
				proceedings. The availability of such records to the general public or to any
				subject individual or party to such litigation or proceedings shall be governed
				by applicable legal and constitutional principles, statutes, rules of
				discovery, evidentiary privileges, and applicable rules of the
				agency.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions contained in rule X.2 of the Uniform Rules on
				  Agency Procedure for contested cases, effective on July 1, 1999, which are
				  published on the general assembly's website at
www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf
,
				  are incorporated by reference. The following additional definitions apply to
				  this chapter:
"Appellant"
refers to a party bringing an
				  appeal to the state board of education, the director of education, or the
				  department of education.
"Appellee"
refers to the party in a matter
				  against whom an appeal is taken or the party whose interest is adverse to the
				  reversal of a prior decision now on appeal to the state board of education, the
				  director of education, or the department of education.
"Board"
means the state board of
				  education.
"Department"
means the department of
				  education.
"Designated office"
means the Iowa
				  Department of Education, Grimes State Office Building, 400 East 14th Street,
				  Des Moines, Iowa 50319, or as ordered by the presiding officer.
"Director"
refers to the director of
				  education.
"Presiding officer"
means the director of
				  the department of education or the designated administrative law
				  judge.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.3 - Incorporation by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The following rules from the Uniform Rules on Agency
				  Procedure for contested cases, effective on July 1, 1999, are incorporated by
				  reference:
1. X.7(17A) Waiver of
				procedures.
2. X.9(17A)
				Disqualification.
3. X.10(17A)
				Consolidation-severance.
4.
				X.12(17A) Service and filing of pleadings and other papers.
5. X.13(17A) Discovery.
6. X.14(17A) Subpoenas, with the following
				addition: Witnesses and serving officers may be allowed the same compensation
				as is paid for like attendance or service in district court. The witness's fees
				and mileage are considered costs of any appeal filed under Iowa Code chapter
				290, and costs are assigned to the nonprevailing party. The witness's fees and
				expenses for hearings brought under other statutes and rules are the
				responsibility of the party requesting or subpoenaing the witness.
7. X.15(17A) Motions.
8. X.16(17A) Prehearing conference.
9. X.17(17A) Continuances.
10. X.19(17A) Intervention.
11. X.20(17A) Hearing procedures.
12. X.21(17A) Evidence.
13. X.22(17A) Default, with the following
				correction: The reference to Iowa Rule of Civil Procedure 236 is corrected to
				Rule 1.977.
14. X.23(17A) Ex parte
				communication.
15. X.24(17A)
				Recording costs.
16. X.28(17A)
				Applications for rehearing.
17.
				X.29(17A) Stays of agency actions.
18. X.30(17A) No factual dispute contested
				cases.
19. X.31(17A) Emergency
				adjudicative proceedings.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.4 - Manner of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An appeal under
				this chapter is started by filing an affidavit, unless an affidavit is not
				obligated by the statute establishing the right of appeal. The affidavit is to
				set forth the facts, any error complained of, or the reasons for the appeal in
				a plain and concise manner and be signed by the appellant. The affidavit is to
				be delivered to the office of the director by United States Postal Service,
				facsimile (fax), electronic mail, or personal service. The affidavit is
				considered filed with the agency on the date of the United States Postal
				Service postmark, the date of arrival of the facsimile, the date of arrival of
				the electronic mail message, or the date personal service is made. Time will be
				computed as provided in Iowa Code section
				4.1(34).
(2) The director or designee, within five
				days after the filing of such affidavit, will notify the proper officer in
				writing of the taking of an appeal. The officer, within ten days, will file
				with the board a complete certified transcript of the record and proceedings
				related to the decision appealed. A certified copy of the minutes of the
				meeting of the governmental body making the decision appealed will satisfy this
				rule.
(3) The director or designee
				will send written notice by certified mail, return receipt requested, at least
				ten days prior to the hearing, unless the ten-day period is waived by all
				parties, to all persons known to be interested. Such notice includes the time,
				place, and nature of the hearing; a statement of the legal authority and
				jurisdiction under which the hearing is to be held; a reference to the
				particular sections of the statutes and rules involved; and a short and plain
				statement of the matters asserted. A copy of the appeal hearing rules will be
				included with the notice.
The notice of hearing will contain the following information:
				  identification of all parties including the name, address and telephone number
				  of the person who will act as advocate for the agency or the state and of
				  parties' counsel where known; reference to the procedural rules governing
				  conduct of the contested case proceeding; reference to the procedural rules
				  governing informal settlement; and identification of the presiding officer, if
				  known (if not known, a description of who will serve as presiding officer
				  (e.g., director of the department or administrative law judge from the
				  department of inspections, appeals, and licensing)).
(4) An amendment to the affidavit of appeal
				may be made by the appellant up to ten working days prior to the hearing. With
				the agreement of all parties, an amendment may be made until the hearing is
				closed to the receipt of evidence.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.6 - Decision and Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
				officer, after due consideration of the record and the arguments presented,
				will make a decision on the appeal. The proposed decision will be mailed to the
				parties or their representatives by regular mail. The parties may elect to
				receive the proposed decision by other means, such as electronic mail or
				electronic filing.
(2) The decision
				may only be based on the laws of the United States, the state of Iowa and the
				regulations and policies of the department of education and in the best
				interest of education.
(3) A
				proposed decision of the presiding officer, if there is no appeal under subrule
				6.6(4), is placed on the consent agenda of the next regular board meeting for
				summary adoption, unless the decision is within the province of the director to
				make.
(4) Any adversely affected
				party may appeal a proposed decision to the state board within 20 days after
				issuance of the proposed decision by filing a notice of appeal with the office
				of the director. The notice of appeal will be signed by the appealing party or
				a representative of that party, contain a certificate of service (or other
				evidence of service), and specify:
a. The
				names and addresses of the parties initiating the appeal;
b. The proposed decision to be
				appealed;
c. The specific findings
				or conclusions to which exception is taken and any other exceptions to the
				decision;
d. The relief sought;
				and
e. The grounds for
				relief.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.7 - Specific Programs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General
				rule.
Ifa specific federal program's statutes or regulations impose
				criteria for appeals to the state board of education, the director of
				education, or the department of education, those specific criteria govern and
				are incorporated by reference.
(2)
Specific programs.
The following is a nonexhaustive list to
				which this rule applies:
a. Appeals under the
				Child and Adult Care Food Program (CACFP) are governed by the criteria
				contained in 7 CFR Section
				226.6 as of May 1, 2023.
b. Due process complaints under Part B of the
				Individuals with Disabilities Education Act,
				20 U.S.C.
				1411 et seq., and Iowa Code chapter 256B are
				governed by 281-Chapter 41.
c. Due
				process complaints under Part C of the Individuals with Disabilities Education
				Act, 20 U.S.C.
				1431 et seq., are governed by 281-Chapter
				120.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.8 - Subpoena of Witnesses and Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The director, on behalf of the board, has the power to issue subpoenas for
				witnesses, to compel the attendance of those witnesses, and the giving of
				evidence by them, in the same manner and to the same extent as the district
				court may do. An agency subpoena shall be issued to a party on written request
				made at least ten days prior to the hearing. Parties are responsible for
				obtaining service of their own subpoenas.
(2) Witnesses and serving officers may be
				allowed the same compensation as is paid for like attendance or service in
				district court. The witness's fees and mileage are considered costs of the
				appeal under Iowa Code section
				290.4;
				costs are assigned to the nonprevailing party. The witness's fees and expenses
				for hearings brought under other statutes and rules are the responsibility of
				the party requesting or subpoenaing the witness.
(3) Motion to quash or modify. The presiding
				officer may quash or modify a subpoena for any lawful reason upon motion in
				accordance with the Iowa Rules of Civil Procedure. A motion to quash or modify
				a subpoena shall be set for argument promptly.
(4) Telephone proceedings. 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 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.9 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
Discovery procedures applicable to civil actions are
				  available to all parties in contested cases before the department. Evidence
				  obtained in discovery may be used in the hearing before the department if that
				  evidence would otherwise be admissible in the hearing.
Any deviations from the time periods established for
				  compliance with discovery in the Iowa Rules of Civil Procedure shall be
				  determined by the administrative law judge upon opportunity for all parties to
				  be heard.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.10 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The administrative law judge may consolidate
				any or all matters at issue in two or more appeals 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 of those proceedings.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.11 - 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 agency 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 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.15 - Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon the
				request of any party, oral proceedings in whole or in part shall be either
				transcribed, if recorded by certified shorthand reporters, or copied if
				recorded by mechanical means, with the expense for the transcription of copies
				charged to the requesting party.
(2) All recordings, stenographic notes or
				transcriptions of oral proceedings shall be maintained and preserved by the
				department for at least five years from the date of a decision.
(3) The record of a hearing under these rules
				shall include:
a. All pleadings, motions and
				intermediate rulings.
b. All
				evidence received or considered and all other submissions.
c. A statement of matters officially
				noticed.
d. All questions and
				offers of proof, objections, and rulings thereon.
e. All proposed findings of fact and
				conclusions of law.
f. Any
				decision, opinion or report by the administrative law judge presented at the
				hearing.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.16 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the department of education 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 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.17 - Decision and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				presiding officer, after due consideration of the record and the arguments
				presented, and with the advice and counsel of the staff members, shall make a
				decision on the appeal. The proposed decision shall be mailed to the parties or
				their representatives by regular mail.
(2) The decision shall be based on the laws
				of the United States, the state of Iowa and the regulations and policies of the
				department of education and shall be in the best interest of
				education.
(3) The decision of the
				presiding officer shall be placed on the agenda of the next regular board
				meeting for review of the record and decision unless the decision is within the
				province of the director to make.
(4) Any adversely affected party may appeal a
				proposed decision to the state board within 20 days after issuance of the
				proposed decision.
(5) An appeal of
				a proposed decision is initiated by filing a timely notice of appeal with the
				office of the director The notice of appeal must be signed by the appealing
				party or a representative of that party and contain a certificate of service.
				The notice shall specify:
a. The names and
				addresses of the parties initiating the appeal;
b. The proposed decision to be
				appealed;
c. The specific findings
				or conclusions to which exception is taken and any other exceptions to the
				decision;
d. The relief sought;
				and
e. The grounds for
				relief.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.19 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
				fails to appear or participate in a contested case proceeding after proper
				service of notice, the presiding officer may, if no adjournment is granted,
				enter a default decision or proceed with the hearing and render a decision in
				the absence of the party.
(2) Where
				appropriate and not contrary to law, any party may move for default against a
				party who has requested the contested case proceeding and has failed to file a
				required pleading or has failed to appear after proper service.
(3) Default decisions or decisions rendered
				on the merits after a party has failed to appear or participate in a contested
				case proceeding become final agency action unless, within 15 days after the
				date of notification or mailing of the decision, a motion to vacate is filed
				and served on all parties or an appeal of a decision on the merits is timely
				initiated within the time provided. A motion to vacate must state all facts
				relied upon by the moving party which establish that good cause existed for
				that party's failure to appear or participate at the contested case proceeding.
				Each fact so stated must be substantiated by at least one sworn affidavit of a
				person with personal knowledge of each such fact, which affidavit(s) must be
				attached to the motion.
(4) The
				time for further appeal of a decision for which a timely motion to vacate has
				been filed is stayed pending a decision on the motion to vacate.
(5) Properly substantiated and timely filed
				motions to vacate shall be granted only for good cause shown. The burden of
				proof as to good cause is on the moving party. Adverse parties shall have ten
				days to respond to a motion to vacate. Adverse parties shall be allowed to
				conduct discovery as to the issue of good cause and to present evidence on the
				issue prior to a decision on the motion, if a request to do so is included in
				that party's response.
(6) "Good
				cause" for purposes of this rule shall have the same meaning as "good cause"
				for setting aside a default judgment under Iowa Rule of Civil Procedure
				1.977.
(7) A decision denying a
				motion to vacate is subject to further appeal within the time limit allowed for
				further appeal of a decision on the merits in the contested case
				proceeding.
(8) If a motion to
				vacate is granted and no timely interlocutory appeal has been taken, the
				presiding officer shall issue another notice of hearing and the contested case
				shall proceed accordingly.
(9) A
				default decision may award any relief consistent with the request for relief
				made in the petition and embraced in its issues but, unless the defaulting
				party has appeared, it cannot exceed the relief demanded.
(10) A default decision may provide either
				that the default decision is to be stayed pending a timely motion to vacate or
				that the default decision is to take effect immediately.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.20 - Application for Rehearing of Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
Any party may file an application for rehearing with the
				  presiding officer stating the specific grounds therefor, and the relief sought,
				  within 20 days after the issuance of any final decision by the board. A copy of
				  the application shall be timely mailed by the department to all parties of
				  record not joining therein. Such application for rehearing shall be deemed to
				  have been denied unless the board or the presiding officer grants the
				  application within 20 days of the filing. A rehearing shall not be granted
				  unless it is necessary to correct a mistake of law or fact, or for other good
				  cause.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.21 - Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In the event a
				rehearing is granted, the presiding officer, in arriving at a subsequent
				decision, may either review the record and arguments or may proceed with either
				a full or partial hearing under the appeal hearing provisions of this
				chapter
(2) Following the
				rehearing, the presiding officer shall place the proposed decision on the
				agenda of the next regular board meeting for review of the record and decision
				as provided for in 6.17(290,17A).
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.22 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
				action.
To the extent necessary to prevent or avoid immediate danger
				to the public health, safety, or welfare and, consistent with the Constitution
				and other provisions of law, the department may issue a written order in
				compliance with Iowa Code section
				17A.18 to suspend a
				license in whole or in part, order the cessation of any continuing activity,
				order affirmative action, or take other action within the jurisdiction of the
				department by emergency adjudicative order. Before issuing an emergency
				adjudicative order the department shall consider factors including, but not
				limited to, the following:
a. Whether there
				has been a sufficient factual investigation to ensure that the department is
				proceeding on the basis of reliable information;
b. Whether the specific circumstances which
				pose immediate danger to the public health, safety or welfare have been
				identified and determined to be continuing;
c. Whether the person required to comply with
				the emergency adjudicative order may continue to engage in other activities
				without posing immediate danger to the public health, safety or
				welfare;
d. Whether imposition of
				monitoring requirements or other interim safeguards would be sufficient to
				protect the public health, safety or welfare; and
e. Whether the specific action contemplated
				by the department is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.23 - Additional Requirements for Specific Programs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) General rule. If a specific federal
				program's statutes or regulations impose requirements on appeals to the state
				board of education, the director of education, or the department of education,
				those specific requirements shall be followed and are incorporated by this
				reference.
(2) Specific programs.
				The following is a nonexhaustive list to which this rule applies.
a. Appeals under the Child and Adult Care
				Food Program (CACFP) shall be governed by the requirements contained in 7 CFR
				Section
				226.6 as
				of May 15, 2014.
b. Due process
				complaints under Part B of the Individuals with Disabilities Education Act and
				Iowa Code chapter 256B shall be governed by Iowa Administrative Code
				281-Chapter 41.
c. Due process
				complaints under Part C of the Individuals with Disabilities Education Act
				shall be governed by Iowa Administrative Code 281-Chapter 120.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 7 - Criteria for Grants › Rule 281-7.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
To ensure equal access and objective evaluation of applicants
				  for competitive program grant funds made available by the Iowa department of
				  education (department), grant application materials are to contain, at minimum,
				  specific content. The department develops competitive program grant application
				  packets in accordance with these rules unless in conflict with appropriation
				  language, the Iowa Code, the Iowa Administrative Code, federal regulations, or
				  interagency agreements between the department and other state
				  agencies.