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Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 11 - Iowa Main Street Loan Program › Rule 265-11.6 - Public Benefit

Current through Register Vol. 47, No. 3, July 24, 2024
Before approving an Iowa main street loan, the department and
				the authority must find that the proposed project will result in one or more of
				the following:
1. Rehabilitation of
			 upper floor housing or commercial properties or new construction development on
			 infill vacant lots located in the downtown area of a participating
			 city;
2. Housing in downtown areas
			 located in a participating city; or
3. Stimulation of downtown area economic
			 development within the context of historic preservation of the downtown area in
			 a participating city.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 11 - Iowa Main Street Loan Program › Rule 265-11.7 - Loan Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Evaluation by the department.
The department shall evaluate
			 each application for an Iowa main street loan to ensure that the following
			 criteria are met:
a. The property for which
			 the applicant is applying for an Iowa main street loan is situated in the
			 downtown area of a city participating in the Iowa main street
			 program.
b. Strong local community
			 support is evidenced by local contributing effort including, but not limited
			 to, contributions by the city or county, grants, tax abatement, local private
			 contributions and investments, and establishment of community development
			 corporations or community-initiated development groups.
c. The loan proceeds will be used in a manner
			 that will enhance the property in a manner that will stimulate downtown
			 economic development within the context of historic preservation.
d. The loan proceeds will be used in a manner
			 that will enhance the property in a manner that will assist in establishing a
			 strong public/private partnership to revitalize the downtown area of the
			 commimity in which the property is situated.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 12 - Low-income Housing Tax Credits › Rule 265-12.1 - Qualified Allocation Plans

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Four
			 percent qualified allocation plan.
The qualified allocation plan
			 titled Iowa Finance Authority Low-Income Housing Tax Credit Program 2024 4%
			 Qualified Allocation Plan ("4% QAP") dated August 2, 2023, shall be the
			 qualified allocation plan for the allocation of 4 percent low-income housing
			 tax credits consistent with IRC Section 42 and the applicable Treasury
			 regulations and Iowa Code section 16.35. The 4% QAP is incorporated by
			 reference pursuant to Iowa Code section 17A.6 and 265-subrules 17.4(2) and
			 17.12(2). The 4% QAP does not include any amendments or editions created
			 subsequent to August 2, 2023.
(2)
Nine percent qualified allocation plan.
The qualified
			 allocation plan titled Iowa Finance Authority Low-Income Housing Tax Credit
			 Program 2024 9% Qualified Allocation Plan ("9% QAP") shall be the qualified
			 allocation plan for the allocation of 9 percent low-income housing tax credits
			 consistent with IRC Section 42 and the applicable Treasury regulations and Iowa
			 Code section 16.35. The 9% QAP is incorporated by reference pursuant to Iowa
			 Code section 17A.6 and 265-subrules 17.4(2) and 17.12(2). The 9% QAP does not
			 include any amendments or editions created subsequent to August 2,
			 2023.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 12 - Low-income Housing Tax Credits › Rule 265-12.2 - Location of Copies of the Plans

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
4%
			 QAP.
The 4% QAP can be reviewed and copied in its entirety on the
			 authority's website at
www.iowafinance.com
. Copies of the 4% QAP,
			 application, and all related attachments and exhibits shall be deposited with
			 the administrative rules coordinator and at the state law library and shall be
			 available on the authority's website. The 4% QAP incorporates by reference IRC
			 Section 42 and the regulations in effect as of August 2, 2023. Additionally,
			 the 4% QAP incorporates by reference Iowa Code section 16.35. These documents
			 are available from the state law library, and information about these statutes,
			 regulations and rules is on the authority's website.
(2)
9% QAP.
The 9% QAP can
			 be reviewed and copied in its entirety on the authority's website at
www.iowafinance.com
. Copies of the 9%
			 QAP, the application, and all related attachments and exhibits shall be
			 deposited with the administrative rules coordinator and at the state law
			 library and shall be available on the authority's website. The 9% QAP
			 incorporates by reference IRC Section 42 and the regulations in effect as of
			 August 2, 2023. Additionally, the 9% QAP incorporates by reference Iowa Code
			 section 16.35. These documents are available from the state law library, and
			 information about these statutes, regulations and rules is on the authority's
			 website.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 13 - Public Records and Fair Information Practices › Rule 265-13.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
(1)
Location of record.
A
			 request for access to a record should be directed to the office where the
			 record is kept. If the location of the record is not known by the requester,
			 the request shall be directed to Iowa finance authority at the address set
			 forth in rule 265-1.3 (16). The Iowa finance
			 authority will forward the request to the appropriate person.
(2)
Office hours.
Open
			 records shall be made available during all customary office hours, which are 8
			 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays and legal
			 holidays.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 13 - Public Records and Fair Information Practices › Rule 265-13.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, the subject of a record
				shall have the right to have a written statement of additions, dissents, or
				objections entered into the record. The subject shall send the statement to the
				custodian of the record or to the Iowa finance authority. The statement must be
				dated and signed by the subject, and shall include the current address and
				telephone number of the subject or the subject's
				representative.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 13 - Public Records and Fair Information Practices › Rule 265-13.9 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
Authority records not routinely available for public
				inspection. The following records are confidential and not routinely available
				for public inspection.
(1) Materials
			 that are specifically exempted from disclosure by statute and which the
			 authority may in its discretion withhold from public inspection. Records the
			 authority is authorized to withhold from public inspection under Iowa law in
			 its discretion include, but are not limited to, the following:
a. Records that represent the work product of
			 an attorney, which are related to litigation or claim made by or against a
			 public body.
b. Reports made to the
			 authority which, if released, would give advantage to competitors and serve no
			 public purpose.
c. Personal
			 information in confidential personnel records.
d. Records of identity of owners of public
			 bonds or obligations maintained as provided in Iowa Code section
			 76.10
			 or by the issuer of the public bonds or obligations. However, the issuer of the
			 public bonds or obligations and a state or federal agency shall have the right
			 of access to the records.
e.
			 Communications that are made to a government body or to any of its employees by
			 identified persons outside of government, to the extent that the government
			 body receiving those communications from such persons outside of government
			 could reasonably believe that those persons would be discouraged from making
			 them to that government body if they were available for general public
			 examination, included but not limited to, financial statements, security
			 agreements, notes, mortgages, partnership agreements, articles of
			 incorporation, tax returns, credit reports and underwriting decisions to the
			 extent they contain personally identifiable information.
f. Materials that are specifically exempted
			 from disclosure by statute and which the authority is prohibited from making
			 available for public inspection.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.1 - Applicability of Competitive Bidding

Current through Register Vol. 47, No. 3, July 24, 2024
Items, including goods or services, that are expected to cost
				in the aggregate in excess of $50,000 will be obtained as a result of a formal
				or informal competitive bidding process conducted by the authority, or through
				the department of administrative services whenever such procurement is in the
				best interests of the authority, as determined by the authority. Items,
				including goods or services, expected to cost $50,000 or less in the aggregate
				may be obtained in any manner deemed appropriate by the authority.
Notwithstanding the foregoing, the authority may exempt any
				item from competitive bidding if the item is noncompetitive or is purchased in
				quantities too small to be effectively purchased through competitive bidding;
				if there is an immediate or emergency need for the item; if the purchase of the
				item facilitates compliance with set-aside procurement provisions; or if the
				executive director of the authority determines, in the executive director's
				sole discretion, that the authority's best interests will be served by
				exemption from the bidding process.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.2 - Methods of Obtaining Bids or Proposals Used by the Authority

Current through Register Vol. 47, No. 3, July 24, 2024
Formal or informal bids or proposals are to be obtained by one
				of the following methods. If more than one method is applicable to the purchase
				of a particular item, the authority shall choose the method of bidding to be
				utilized.
(1)
Formal
			 bids.
a. To solicit formal bids, the
			 authority shall prepare a written invitation-to-bid document and shall send it
			 via the United States Postal Service or electronic mail to selected vendors in
			 the business of providing the goods or services sought by the authority. Goods
			 or services may also be obtained by the authority using reverse auction methods
			 via the authority's Internet website.
b. The invitation to bid shall contain the
			 due date and time of the bid opening, a complete description of the item
			 needed, and any other necessary or proper items.
c. Formal bids received prior to the
			 submission deadline set in the bidding document shall be made available to any
			 interested party on the date and hour designated on the bid form. As the bids
			 are opened, they shall be tabulated, and the results of the tabulation shall be
			 made available to any interested party. The original bids and the tabulations
			 shall be maintained at the authority for one year following the date on which
			 the bids were opened.
d. An award
			 shall be made within 60 calendar days from the date of the bid opening, unless
			 a different time frame is stated by the authority in the invitation to bid or
			 subsequently agreed to by the vendors. The price quoted by the vendors shall
			 remain binding throughout the applicable time period. If an award is not made
			 within the applicable time frame, all bids shall be deemed rejected.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.3 - Items Purchased Through the Department of Administrative Services

Current through Register Vol. 47, No. 3, July 24, 2024
Goods and services may be obtained by the authority through the
				department of administrative services (DAS) whenever procurement through DAS is
				in the best interests of the authority. Items procured through DAS may be
				obtained by DAS in any manner it deems appropriate.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.4 - Posting Solicitations

Current through Register Vol. 47, No. 3, July 24, 2024
Formal bids and requests for proposals issued by the authority
				shall be posted to the authority's Internet website. The posting shall indicate
				that it is a notice to prospective bidders, contain the due date and time of
				opening of the bid or proposal, describe the items to be purchased, and provide
				the name, address and telephone number of the person to be contacted to obtain
				official bidding documents.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.6 - Blanket Purchase Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
If the authority foresees a requirement for frequent purchases
				of off-the-shelf items, the authority may establish blanket purchase
				agreements. A blanket purchase agreement is a formally approved charge account
				that is designed to reduce paperwork and the number of checks issued. Blanket
				purchase agreements are subject to the competitive bidding requirements
				previously outlined, where applicable.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.7 - Bids and Proposals to Conform to Specifications

Current through Register Vol. 47, No. 3, July 24, 2024
All bids and proposals must conform to the specifications
				indicated by the authority. Bids and proposals that do not conform to the
				specifications stated may be rejected. The authority reserves the right to
				waive deficiencies in the bids or proposals if in the judgment of the authority
				its best interests would be served by the waiver.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.10 - Ties

Current through Register Vol. 47, No. 3, July 24, 2024
The authority shall resolve ties among bids or proposals which
				are equal in all respects by drawing lots unless only one of the tied bidders
				is an Iowa business. If only one of the bidders tied for an award is an Iowa
				business, the Iowa business shall be given preference over all tied
				out-of-state businesses. If it is necessary to draw lots, the drawing shall be
				held in the presence of the vendors who submitted the tied bids or proposals
				whenever practical. If the tied vendors are not present, the drawing shall be
				held in front of at least two persons, and the authority shall document the
				drawing.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.11 - Time of Submission

Current through Register Vol. 47, No. 3, July 24, 2024
All formal bids and proposals shall be submitted by the vendor
				in sufficient time to actually reach the authority prior to the submission
				deadline specified in the bid document. All informal bids shall be submitted by
				the vendor in time to reach the authority prior to the submission deadline
				indicated by the authority. Formal bids and proposals shall be marked by the
				authority with the date and time received by the authority. Formal bids and
				proposals received after the submission deadline shall be returned to the
				vendor unopened. All vendors to whom invitations to bid or requests for
				proposals are sent shall be notified of any changes in submission
				deadline.
If a formal bid or request for proposals is canceled prior to
				the submission deadline, any responses already received shall be returned
				unopened. If an informal bid is canceled prior to the submission deadline, any
				bids already received shall be destroyed.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.12 - Modification or Withdrawal of Bids

Current through Register Vol. 47, No. 3, July 24, 2024
Bids or proposals may be modified or withdrawn prior to the
				time and date set for the bid or proposal opening. Modifications or withdrawals
				shall be in writing and delivered in a sealed envelope that properly identifies
				the correct bid or proposal to be modified or withdrawn. A bid or proposal may
				be withdrawn after opening only with the approval of the authority if the
				authority finds that an honest error was made by the vendor that will cause
				undue financial hardship to the vendor and that will not cause undue financial
				hardship or inconvenience to the authority.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.13 - Financial Security

Current through Register Vol. 47, No. 3, July 24, 2024
The authority may require bid security, litigation security,
				and performance security on formal bids or proposals. When required, security
				may be by certified check, certificate of deposit, letter of credit made
				payable to the authority, or any other form specified by the
				authority.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.14 - Rejection of Bids and Proposals

Current through Register Vol. 47, No. 3, July 24, 2024
The authority reserves the right to reject any or all bids or
				proposals. Bids and proposals may be rejected because of faulty specifications,
				abandonment of the project, insufficient funds, evidence of unfair or flawed
				bidding procedures, failure of a vendor to meet the authority's requirements,
				or for any other reason if the authority determines that its best interests
				will be served by rejecting any or all bids. Following the rejection of bids,
				new bids may be requested by the authority at any time deemed convenient by the
				authority.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 15 - Purchasing › Rule 265-15.15 - Vendor Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Any vendor whose bid or proposal has been timely filed and who
				is aggrieved by the award of the authority may appeal the decision by filing a
				written notice of appeal before the Iowa finance authority board at the address
				set forth in rule 265-1.3 (16) within three days
				of the date of the award, exclusive of Saturdays, Sundays, and state legal
				holidays. The notice of appeal must actually be received at that address within
				the time frame specified to be considered timely. The notice of appeal shall
				state the grounds upon which the vendor challenges the authority's award.
				Following receipt of a notice of appeal which has been timely filed, the board
				shall notify the aggrieved vendor and the vendor who received the contract
				award of the procedures to be followed in the appeal. The board may appoint a
				designee to proceed with the appeal on its behalf.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the authority for a
				declaratory order as to the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of the authority, at
				the address set forth in rule
				265-1.3 (16). A petition is
				deemed filed when it is received by the authority. The authority shall provide
				the petitioner with a file-stamped copy of the petition if the petitioner
				provides the authority an extra copy for this purpose. The petition must be
				typewritten or legibly handwritten in ink and must substantially conform to the
				following form:
Click here to
				view Image
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by
			 265-16.7 (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 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.2 - 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 authority shall give notice of the petition to all persons not
				served by the petitioner pursuant to rule 16.6(17A) to whom notice is required
				by any provision of law. The authority may also give notice to any other
				persons.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.3 - 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 20 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 authority.
(3) A petition for intervention shall be
			 filed at Iowa finance authority at the address set forth in rule
			 265-1.3 (16). Such a petition is
			 deemed filed when it is received by the authority. The authority 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:
Click here to
				view Image
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervener's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervener's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervener's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervener's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervener's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.4 - 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 authority may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the executive director of the Iowa finance authority
				at the address set forth in rule
				265-1.3 (16).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.6 - 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 the Iowa finance
			 authority at the address set forth in rule
			 265-1.3 (16). Petitions, briefs,
			 or other papers that are required to be served upon a party shall be filed
			 simultaneously with the authority.
(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
			 265-7.12 (17A).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the authority must schedule a brief
				and informal meeting between the original petitioner, all intervenors, and the
				authority, a member of the authority's board, or a member of the staff of the
				authority, to discuss the questions raised. The authority may solicit comments
				from any person on the questions raised. Also, comments on the questions raised
				may be submitted to the authority by any person.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.8 - 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 executive director or
			 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
			 265-7.2
			 (17A).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 authority 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 authority to
			 issue an order
3. The authority
			 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 authority 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 an authority 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 authority to determine whether a statute is unconstitutional on
			 its face.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.10 - 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 265 - Iowa Finance Authority › Chapter 16 - Declaratory Orders › Rule 265-16.12 - 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
				authority, the petitioner, and any intervenors (who consent to be bound) and is
				applicable only in circumstances where the relevant facts and the law involved
				are indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on the
				authority. The issuance of a declaratory order constitutes final authority
				action on the petition.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				all rules adopted by the authority are subject to the provisions of Iowa Code
				chapter 17A, the Iowa administrative procedure Act, and the provisions of this
				chapter
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the
				authority may, before publication of a Notice of Intended Action under Iowa
				Code subsection I7A.4(1)
"a, "
solicit comments from the public
				on a subject matter of possible rule making by the authority by causing notice
				to be published in the Iowa Administrative Bulletin of the subject matter and
				indicating where, when, and how persons may comment.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The
			 authority shall maintain a current public rule-making docket.
(2)
Anticipated rule making.
The rule-making docket shall list each anticipated rule-making proceeding. A
			 rule-making proceeding is deemed "anticipated" from the time a draft of
			 proposed rules is distributed for internal discussion within the authority. For
			 each anticipated rule-making proceeding the docket shall contain a listing of
			 the precise subject matter which may be submitted for consideration by the
			 authority for subsequent proposal under the provisions of Iowa Code section
			 17A.4(1)
"a, "
the name and address
			 of authority personnel with whom persons may communicate with respect to the
			 matter, and an indication of the present status within the authority of that
			 possible rule. The authority may also include in the docket other subjects upon
			 which public comment is desired.
(3)
Pending rule-making
			 proceedings.
The rule-making docket shall list each pending
			 rule-making proceeding. A rule-making proceeding is pending from the time it is
			 commenced, by publication in the Iowa Administrative Bulletin of a Notice of
			 Intended Action pursuant to Iowa Code section I7A.4(1)
"a, "
to
			 the time it is terminated, by publication of a Notice of Termination in the
			 Iowa Administrative Bulletin or the rule becoming effective. For each
			 rule-making proceeding, the docket shall indicate:
a. The subject matter of the proposed
			 rule;
b. A citation to all
			 published notices relating to the proceeding;
c. Where written submissions on the proposed
			 rule may be inspected;
d. The time
			 during which written submissions may be made;
e. The names of persons who have made written
			 requests for an opportunity to make oral presentations on the proposed rule,
			 where those requests may be inspected, and where and when oral presentations
			 may be made;
f. Whether a written
			 request for the issuance of a regulatory analysis, or a concise statement of
			 reasons, has been filed, whether such an analysis or statement or a fiscal
			 impact statement has been issued, and where any such written request, analysis,
			 or statement may be inspected;
g.
			 The current status of the proposed rule and any authority determinations with
			 respect thereto;
h. Any known
			 timetable for authority decisions or other action in the proceeding;
i. The date of the rule's adoption;
j.The date of the rule's filing, indexing,
			 and publication;
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35
			 days before the adoption of a rule the authority shall cause Notice of Intended
			 Action to be published in the Iowa Administrative Bulletin. The Notice of
			 Intended Action shall include:
a. A brief
			 explanation of the purpose of the proposed rule;
b. The specific legal authority for the
			 proposed rule;
c. Except to the
			 extent impracticable, the text of the proposed rule;
d. Where, when, and how persons may present
			 their views on the proposed rule; and
e. Where, when, and how persons may demand an
			 oral proceeding on the proposed rule if the notice does not already provide for
			 one.
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the authority shall include in the
				notice a statement fully describing the specific subject matter of the omitted
				portion of the text of the proposed rule, the specific issues to be addressed
				by that omitted text of the proposed rule, and the range of possible choices
				being considered by the authority for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of
			 the Notice of Intended Action, persons may submit argument, data, and views, in
			 writing, on the proposed rule. Such written submissions should identify the
			 proposed rule to which they relate and should be submitted to the executive
			 director of the Iowa finance authority at the address set forth in rule
			 265-1.3 (16), or the person
			 designated in the Notice of Intended Action.
(2)
Oral proceedings.
The
			 authority may, at any time, schedule an oral proceeding on a proposed rule. The
			 authority shall schedule an oral proceeding on a proposed rule if, within 20
			 days after the published Notice of Intended Action, a written request for an
			 opportunity to make oral presentations is submitted to the authority by the
			 administrative rules review committee, a governmental subdivision, an agency,
			 an association having not less than 25 members, or at least 25 persons. That
			 request must also contain the following additional information:
1. A request by one or more individual
			 persons must be signed by each of them and include the address and telephone
			 number of each of them.
2. A
			 request by an association must be signed by an officer or designee of the
			 association and must contain a statement that the association has at least 25
			 members and the address and telephone number of the person signing that
			 request.
3. A request by an agency
			 or governmental subdivision must be signed by an official having authority to
			 act on behalf of the entity and must contain the address and telephone number
			 of the person signing that request.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined in
			 1998 Iowa Acts, chapter 1202, section 10(7).
(2)
Mailing list.
Small
			 businesses or organizations of small businesses may be registered on the
			 authority's small business impact list by making a written application to the
			 executive director of the Iowa finance authority at the address set forth in
			 rule 265-1.3 (16). The application
			 for registration shall state:
a. The name of
			 the small business or organization of small businesses;
b. Its address;
c. The name of a person authorized to
			 transact business for the applicant;
d. A description of the applicant's business
			 or organization. An organization representing 25 or more persons who qualify as
			 a small business shall indicate that fact.
e. Whether the registrant desires copies of
			 Notices of Intended Action at cost, or desires advance notice of the subject of
			 all or some specific category of proposed rule making affecting small business.
The authority may at any time request additional information
				from the applicant to determine whether the applicant is qualified as a small
				business or as an organization of 25 or more small businesses. The authority
				may periodically send a letter to each registered small business or
				organization of small businesses asking whether that business or organization
				wishes to remain on the registration list. The name of a small business or
				organization of small businesses will be removed from the list if a negative
				response is received, or if no response is received within 30 days after the
				letter is sent.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed rule that mandates additional combined expenditures exceeding $100,000
			 by all affected political subdivisions, or agencies and entities which contract
			 with political subdivisions to provide services must be accompanied by a fiscal
			 impact statement outlining the costs associated with the rule. A fiscal impact
			 statement must satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the authority determines at the time
			 it adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the authority shall, at the same time, issue a corrected
			 fiscal impact statement and publish the corrected fiscal impact statement in
			 the Iowa Administrative Bulletin.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 authority shall not adopt a rule until the period for making written
			 submissions and oral presentations has expired. Within 180 days after the later
			 of the publication of the Notice of Intended Action, or the end of oral
			 proceedings thereon, the authority shall adopt a rule pursuant to the
			 rule-making proceeding or terminate the proceeding by publication of a notice
			 to that effect in the Iowa Administrative Bulletin.
(2)
Consideration of public
			 comment.
Before the adoption of a rule, the authority shall consider
			 fully all of the written submissions and oral submissions received in that
			 rule-making proceeding or any memorandum summarizing such oral submissions, and
			 any regulatory analysis, or fiscal impact statement issued in that rule-making
			 proceeding.
(3)
Reliance on
			 authority expertise.
Except as otherwise provided by law, the
			 authority may use its own experience, technical competence, specialized
			 knowledge, and judgment in the adoption of a rule.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The authority
			 shall not adopt a rule that differs from the rule proposed in the Notice of
			 Intended Action on which the rule is based unless:
a. The differences are within the scope of
			 the subject matter announced in the Notice of Intended Action and are in
			 character with the issues raised in that notice; and
b. The differences are a logical outgrowth of
			 the contents of that Notice of Intended Action and the comments submitted in
			 response thereto; and
c. The Notice
			 of Intended Action provided fair warning that the outcome of that rule-making
			 proceeding could be the rule in question.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the authority for good cause finds that public
			 notice and participation are unnecessary, impracticable, or contrary to the
			 public interest in the process of adopting a particular rule, the authority may
			 adopt that rule without publishing advance Notice of Intended Action in the
			 Iowa Administrative Bulletin and without providing for written or oral public
			 submissions prior to its adoption. The authority shall incorporate the required
			 finding and a brief statement of its supporting reasons in each rule adopted in
			 reliance upon this subrule.
(2)
Categories exempt.
The following narrowly tailored categories
			 of rules are exempted from the usual public notice and participation
			 requirements because those requirements are unnecessary, impracticable, or
			 contrary to the public interest with respect to each and every member of the
			 defined class:
a. Emergency housing
			 assistance in the event of a disaster
b. Conduit financing to aid victims of a
			 disaster
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested
			 by a person, either prior to the adoption of a rule or within 30 days after its
			 publication in the Iowa Administrative Bulletin as an adopted rule, the
			 authority shall issue a concise statement of reasons for the rule. Requests for
			 such a statement must be in writing and be delivered to the executive director
			 of the Iowa finance authority at the address set forth in rule
			 265-1.3 (16). The request should
			 indicate whether the statement is sought for all or only a specified part of
			 the rule. Requests will be considered made on the date received.
(2)
Contents.
The concise
			 statement of reasons shall contain:
a. The
			 reasons for adopting the rule;
b.
			 An indication of any change between the text of the proposed rule contained in
			 the published Notice of Intended Action and the text of the rule as finally
			 adopted, with the reasons for any such change;
c. The principal reasons urged in the
			 rule-making proceeding for and against the rule, and the authority's reasons
			 for overruling the arguments made against the rule.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 17 - Procedure for Rule Making › Rule 265-17.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule
			 adopted by the authority shall contain the text of the rule and, in addition:
a. The date the authority adopted the
			 rule;
b. A brief explanation of the
			 principal reasons for the rule-making action if such reasons are required by
			 1998 Iowa Acts, chapter 1202, section 8, or if the authority in its discretion
			 decides to include such reasons;
c.
			 A reference to all rules repealed, amended, or suspended by the rule;
d. A reference to the specific statutory or
			 other authority authorizing adoption of the rule;
e. Any findings required by any provision of
			 law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
			 reasons for the failure to provide for waivers to the rule if no waiver
			 provision is included and a brief explanation of any waiver or special
			 exceptions provided in the rule if such reasons are required by 1998 Iowa Acts,
			 chapter 1202, section 8, or the authority in its discretion decides to include
			 such reasons; and
g. The effective
			 date of the rule.