reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 20 - Governor's Traffic Safety Bureau › Rule 661-20.5 - Program Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 All approved programs funded by the governor's traffic safety bureau must be
			 administered in compliance with the current version of the Iowa Governor's
			 Traffic Safety Bureau Policies and Procedures Manual.
(2) Highway safety contract procedures and
			 reporting forms and their explanations are contained in the current version of
			 the Iowa Governor's Traffic Safety Bureau Policies and Procedures
			 Manual.
(3) Single copies of the
			 current version of the Iowa Governor's Traffic Safety Bureau Policies and
			 Procedures Manual may be obtained on request from the Governor's Traffic Safety
			 Bureau, Iowa Department of Public Safety, State Public Safety Headquarters
			 Building, 215 East 7th Street, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 22 - Regulations Applicable to Carriers › Rule 661-22.1 - Safety and Hazardous Materials Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Regulations.
a.
Motor carrier safety regulations.
The Iowa department of
			 public safety adopts the Federal Motor Carrier Safety Regulations, 49 CFR Parts
			 385, 386 and 390-399 (October 1, 2023).
b.
Hazardous materials
			 regulations.
The Iowa department of public safety adopts the Federal
			 Hazardous Materials Regulations, 49 CFR Parts 107, 171-173, 177, 178, and 180
			 (October 1, 2023).
c.
Copies of regulations.
Copies of the federal regulations may
			 be reviewed at the state law library or through the Internet at
www.fmcsa.dot.gov
.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 22 - Regulations Applicable to Carriers › Rule 661-22.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to the regulations adopted in
				rule 761-520.1 (321):
"Any requirements which impose any restrictions upon a
				person"
as used in Iowa Code section
				321.449(6) 
				means the requirements in 49
				CFR Parts 391 and
				395.
"Driver age qualifications"
as used in Iowa
				Code section 321.449(3) 
				means the age qualifications in
				49 CFR
				391.11(b)(1).
"Driver qualifications"
as used in Iowa Code
				section 321.449(2) 
				means the driver qualifications in 49 CFR Part 391 .
"Farm customer"
as used in Iowa Code section
				321.450(3) means a retail consumer residing on a farm or in a rural area or
				city with a population of 3000 or less.
"Hours of service"
as used in Iowa Code
				section 321.449(2) 
				means the hours of service requirements in
				49 CFR Part
				395.
"Record-keeping requirements"
as used in Iowa
				Code section 321.449(2) 
				means the record-keeping requirements in
				49 CFR Part
				395.
"Rules adopted under this section concerning physical
				and medical qualifications"
as used in Iowa Code sections
				321.449(5)  and
				321.450(2) 
				means the regulations in 49
				CFR 391.11(b)(4) and
				49 CFR Part
				391, Subpart E.
"Rules adopted under this section for a driver of a
				commercial vehicle"
as used in Iowa Code section
				321.449(4) 
				means the regulations in 49
				CFR Parts 391 and
				395.
This rule is intended to implement Iowa Code sections
				321.449 and
				321.450.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 22 - Regulations Applicable to Carriers › Rule 661-22.3 - Motor Carrier Safety Regulations Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The following intrastate vehicle
			 operations are exempt from the motor carrier safety regulations concerning
			 inspection in 49 CFR Part 396.17 as adopted in rule
			 761-520.1 (321):
a. Implements of husbandry including nurse
			 tanks as defined in Iowa Code section
			 321.1.
b. Special mobile equipment (SME) as defined
			 in Iowa Code section 321.1.
c. Unregistered farm trailers as defined in
			 rule 761-400.1 (321), pursuant to
			 Iowa Code section 321.123.
d. Motor vehicles registered for a gross
			 weight of five tons or less when used by retail dealers or their employees to
			 deliver hazardous materials, fertilizers, petroleum products and pesticides to
			 farm customers.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 22 - Regulations Applicable to Carriers › Rule 661-22.4 - Hazardous Materials Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
These exemptions apply to the regulations adopted in rule
				761-520.1(321):
(1) Pursuant to Iowa
			 Code section 321.450(3),
			 "retail dealers of fertilizers, petroleum products, and pesticides and their
			 employees while delivering fertilizers, petroleum products, and pesticides to
			 farm customers within a one-hundred-mile radius of their retail place of
			 business" are exempt from 49
			 CFR 177.804; and, pursuant to Iowa Code
			 section 321.449(4),
			 they are exempt from 49 CFR
			 Parts 391 and
			 395. However, pursuant to Iowa
			 Code section 321.449, the retail dealers and
			 their employees under the specified conditions are subject to the regulations
			 in 49 CFR Parts
			 390,
			 392,
			 393,
			 396 and
			 397.
(2) Rescinded IAB 3/10/99, effective 4/14/99.
This rule is intended to implement Iowa Code section
				321.450.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 22 - Regulations Applicable to Carriers › Rule 661-22.5 - Safety Fitness

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
New motor carrier safety audits.
Peace officers in the
			 commercial motor vehicle unit of the Iowa department of public safety shall
			 perform safety audits of new motor carriers and shall have the authority to
			 enter a motor carrier's place of business for the purpose of performing these
			 audits. These audits shall be performed in compliance with 49 CFR Part 385 and
			 shall be completed within 18 months from the day the motor carrier commences
			 business.
(2)
Motor carrier
			 compliance reviews.
Peace officers in the commercial motor vehicle
			 unit of the Iowa department of public safety shall perform compliance reviews
			 of motor carriers and shall have the authority to enter a motor carrier's place
			 of business for the purpose of performing these compliance reviews. These
			 compliance reviews shall be performed in compliance with 49 CFR Part 385 .
This rule is intended to implement Iowa Code sections
				321.449 and
				321.450.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 22 - Regulations Applicable to Carriers › Rule 661-22.6 - Out-of-service Order

Current through Register Vol. 47, No. 3, July 24, 2024
A person shall not operate a commercial vehicle or transport
				hazardous material in violation of an out-of-service order issued by an Iowa
				peace officer. An out-of-service order for noncompliance shall be issued when
				either the vehicle operator is not qualified to operate the vehicle or the
				vehicle is unsafe to be operated until required repairs are made. The
				out-of-service order shall be consistent with the North American Uniform
				Out-of-Service Criteria.
This rule is intended to implement Iowa Code sections
				321.3, 321.208A,
				321.449, and
				321.450.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 22 - Regulations Applicable to Carriers › Rule 661-22.7 - Driver's Statement

Current through Register Vol. 47, No. 3, July 24, 2024
A "driver" as used in Iowa Code sections
				321.449(5)  and
				321.450(2) shall carry at all times a notarized statement of employment. The
				statement shall include the following:
1. The driver's name, address and social
			 security number;
2. The name,
			 address and telephone number of the driver's pre-July 29, 1996,
			 employer;
3. A statement, signed by
			 the pre-July 29, 1996, employer or the employer's authorized representative,
			 that the driver was employed to operate a commercial vehicle only in Iowa; and
4. A statement showing the
			 driver's physical or medical condition existed prior to July 29, 1996.
This rule is intended to implement Iowa Code sections
				321.449 and
				321.450.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 22 - Regulations Applicable to Carriers › Rule 661-22.8 - Planting and Harvesting Period

Current through Register Vol. 47, No. 3, July 24, 2024
In accordance with the provisions of
				49 CFR
				395.1(k), the planting and
				harvesting period pertaining to agricultural operations is January 1 through
				December 31.
This rule is intended to implement Iowa Code sections
				321.449 and
				321.450.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 22 - Regulations Applicable to Carriers › Rule 661-22.9 - Marking of Motor Vehicles

Current through Register Vol. 47, No. 3, July 24, 2024
"Motor vehicle" is defined in Iowa Code chapter 325A. Before
				placing any motor vehicle in service, the motor vehicle shall be clearly marked
				with letters and figures large enough to be easily read at a distance of 50
				feet and in a color in contrast to the background. These markings shall be
				painted on each side of the motor vehicle or may consist of a removable device
				that meets identification and legibility requirements and is securely placed on
				each side of the motor vehicle.
(1)
			 Motor carriers operating intrastate only shall display:
a. Name of motor carrier under whose
			 authority the motor vehicle is being operated.
b. U.S. DOT number followed by the letters
			 "IA" if the motor carrier has been issued a number by the Federal Motor Carrier
			 Safety Administration.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 22 - Regulations Applicable to Carriers › Rule 661-22.10 - Bills of Lading or Freight Receipts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirements.
Every
			 motor carrier operating under a motor carrier permit, except for those motor
			 carriers transporting unprocessed agricultural and horticultural products and
			 livestock, shall issue a bill of lading or receipt on the date freight is
			 received for shipment. The bill of lading or receipt shall show the following:
a. Name of motor carrier.
b. Date and place received.
c. Name of consignor.
d. Name of consignee.
e. Destination.
f. Description of shipment.
g. Signature of motor carrier or agent
			 issuing the bill of lading or receipt.
h. Freight described in apparent good order
			 unless an exception is noted.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 28 - Marijuana Eradication Procedures › Rule 661-28.1 - Reports of Marijuana

Current through Register Vol. 47, No. 3, July 24, 2024
Persons wishing to report marijuana growing in Iowa, whether
				cultivated or uncultivated, may contact any local law enforcement agency within
				the state of Iowa or the Division of Narcotics Enforcement, Iowa Department of
				Public Safety, State Public Safety Headquarters Building, 215 East 7th Street,
				Des Moines, Iowa 50319. Reports may be made to the division of narcotics
				enforcement by telephone through the toll-free Marijuana Hotline at
				1-800-532-0052.
[Editorial change: IAC Supplement 6/17/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 28 - Marijuana Eradication Procedures › Rule 661-28.2 - Cultivated Marijuana

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of information pertaining to marijuana cultivation
				or harvesting, the department of public safety, division of narcotics
				enforcement, shall investigate. If the information is valid and cultivation or
				harvesting of marijuana is confirmed, the division of narcotics enforcement
				shall initiate a criminal investigation, which may lead to the subsequent
				filing of criminal charges.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 28 - Marijuana Eradication Procedures › Rule 661-28.3 - Uncultivated Marijuana

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon
			 receipt of information pertaining to wild uncultivated marijuana, the
			 department of public safety, division of narcotics enforcement, shall notify
			 the county sheriff of the report. If the property on which uncultivated
			 marijuana is reported lies within a municipality with a police department, the
			 chief of police shall also be notified. After the sheriff has been notified,
			 the department of public safety, division of narcotics enforcement, shall
			 notify, by regular mail, the owner of the land where uncultivated marijuana has
			 been reported and shall request that the land owner voluntarily remove the
			 marijuana. The county sheriff and the local policy chief, if any, shall be sent
			 copies of the notice to the landowner, also by regular mail.
(2) Notification to a landowner of
			 information regarding uncultivated marijuana, as provided in subrule 28.3(1),
			 shall be provided on a completed form "Notice of Marijuana Complaint."
Notification to a landowner of information regarding
				uncultivated marijuana growing on the landowner's property, as provided in this
				subrule, is intended to obtain voluntary cooperation in the eradication of
				marijuana.
(3) The
			 department shall provide information and training to law enforcement agencies
			 regarding the identification and removal of marijuana and assistance to the
			 Iowa State University Agriculture and Home Economics Extension Service in
			 developing programs concerning the identification and removal of
			 marijuana.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 28 - Marijuana Eradication Procedures › Rule 661-28.4 - Scope and Limitation

Current through Register Vol. 47, No. 3, July 24, 2024
Nothing in this chapter shall be construed to be a restriction
				or limitation upon the nature or scope of the authority of any member of the
				department of public safety or of any other public officer as otherwise
				provided by law.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 29 - Human Trafficking Prevention Training-lodging Providers › Rule 661-29.2 - Establishment of Training Program

Current through Register Vol. 47, No. 3, July 24, 2024
The department of public safety's human trafficking prevention
				training program certifies a lodging provider's voluntary completion of human
				trafficking prevention training. The program is established pursuant to Iowa
				Code section
				80.45A.
				No lodging provider may accept public funds from a public employer or public
				employee without first receiving certification by the
				commissioner.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 29 - Human Trafficking Prevention Training-lodging Providers › Rule 661-29.3 - Human Trafficking Prevention Training Program Content

Current through Register Vol. 47, No. 3, July 24, 2024
In order to receive approval by the commissioner, human
				trafficking prevention training shall include, at a minimum, all of the
				following:
(1) A general overview of
			 human trafficking.
(2) A general
			 overview of state law on human trafficking.
(3) The definition of human trafficking and
			 the commercial exploitation of children.
(4) Guidance on the difference between labor
			 trafficking and sex trafficking.
(5) Guidance on how to recognize potential
			 human trafficking victims.
(6)
			 Guidance on how to recognize potential human traffickers.
(7) Guidance on how to identify activities
			 commonly associated with human trafficking.
(8) Safe and effective responses to human
			 trafficking situations, including but not limited to how to report suspected
			 human trafficking to proper law enforcement officials.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 29 - Human Trafficking Prevention Training-lodging Providers › Rule 661-29.4 - Training Providers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Training.
Human trafficking prevention training that meets the
			 criteria of rule 661-29.3 (80) may be offered by the office to combat human
			 trafficking, a governmental agency, or a nongovernmental agency or community
			 organization that has expertise in the area of human trafficking and approval
			 by the commissioner. A list of certified training providers is maintained on
			 the office to combat human trafficking website.
(2)
Approval process for
			 organizations.
Organizations shall not issue human trafficking
			 prevention training certifications to lodging providers for purposes of this
			 rule prior to receiving approval by the commissioner. To receive approval to
			 conduct a training program, a training provider must apply through the office
			 to combat human trafficking website and provide sufficient information to
			 establish the training program meets the requirements of rule 661-29.3
			 (80).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 35 - Complaints Against Employees › Rule 661-35.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to rules 661-35.1 (80) through
				661-35.4(80):
"Complaint"
means a formal written allegation
				signed by the complainant, or a signed written statement by an officer
				receiving an oral complaint stating the complainant's allegation regarding, but
				not limited to, breach of rules or orders, a violation of the law, or other
				misconduct by an employee of the department.
"Department"
means the Iowa department of
				public safety.
"Employee"
means any employee of the
				department.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 35 - Complaints Against Employees › Rule 661-35.2 - Filing a Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 person may file a complaint against an employee or employees by:
a. Mailing a signed complaint in writing to
			 the professional standards bureau at the following address:
Professional Standards Bureau
Iowa Department of Public Safety
Oran Pape State Office Building
215 East 7th Street
Des Moines, Iowa 50319
Complaints in writing may be mailed or submitted to any office
				of the department.
b.
			 Calling the professional standards bureau at (515)725-6270, or by calling any
			 office of the department.
c.
			 Completing the commendation/complaint form online on the website of the
			 department.
Note: The complaint form may be found at the following
				location:
stateofiowa.seamlessdocs.com/f/PSB_Complaint_Form
.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 35 - Complaints Against Employees › Rule 661-35.4 - Investigation Requirements of Agency

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Recordkeeping and release of
			 information
. The department shall keep confidential an officer's
			 statement, recordings or transcripts of any interviews or disciplinary
			 proceedings, and any complaints made against an officer unless otherwise
			 provided by law or with the officer's written consent. Nothing in this rule
			 prohibits the release of an officer's statement, recordings or transcripts of
			 any interviews or disciplinary proceedings, and any complaints made against an
			 officer to the officer or the officer's legal counsel upon the officer's
			 request.
(2)
Training of
			 investigating employee
. The department shall provide training to any
			 officer or supervisor who performs or supervises an investigation under Iowa
			 Code section
			 80F.1,
			 and shall maintain documentation of any related training. The Iowa law
			 enforcement academy shall adopt minimum training standards consistent with this
			 rule, including training standards concerning interviewing an officer subject
			 to a complaint.
(3) Right of
			 officer to personnel file and records. Upon written request, the department
			 shall provide to the requesting officer or the officer's legal counsel a copy
			 of the officer's personnel file and training records regardless of whether the
			 officer is subject to a formal administrative investigation at the time of the
			 request.
This rule is intended to implement Iowa Code sections
				80F.1(20)
				 through
				80F.1(22).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 41 - Payment of Small Claims to Employees › Rule 661-41.1 - Authorization to Reimburse

Current through Register Vol. 47, No. 3, July 24, 2024
The department is authorized to expend up to $150 per item, or
				any other amount authorized by a collective bargaining agreement to which an
				individual employee is subject, as reimbursement for replacement or repair of
				personal items of the department's employees that have been damaged or
				destroyed while the employee is engaged in service for the department. The
				following requirements shall apply for filing such claims with the
				department:
(1) An employee making a
			 claim for reimbursement shall provide the employee's immediate supervisor with
			 a detailed written account of the circumstances under which the loss occurred,
			 a description of the nature and ownership of the item destroyed or damaged and
			 any available information, including the names and other identifiers of any
			 witness, which can be used to verify the loss.
(2) An employee filing a claim for
			 reimbursement pursuant to this rule shall also provide the employee's immediate
			 supervisor with vendors' estimates of replacement costs and with estimates of
			 repair costs of damaged items.
(3)
			 The claim and estimates shall be passed through the chain of command for
			 reimbursement. Reimbursement shall be based on a determination of the most
			 economical and adequate compensation for the loss, taking into account the
			 extent of the damage, the feasibility of repair and the cost of replacement.
This rule is intended to implement Iowa Code section
				80.18.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 53 - Fire Service Training Bureau › Rule 661-53.1 - Fire Service Training Bureau

Current through Register Vol. 47, No. 3, July 24, 2024
There is established within the state fire marshal division a
				fire service training bureau, with responsibility for instructing the general
				public and fire protection personnel throughout the state, providing service to
				public and private fire departments in the state, conducting research in the
				methods of maintaining and improving fire and other emergency services
				education consistent with the needs of Iowa communities, and performing any
				other functions assigned to the bureau by the state fire marshal in
				consultation with the state fire service and emergency response
				council.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of these rules, the following definitions
				apply:
"Certified fire safe cigarette"
means a unique
				cigarette brand style that meets the following criteria:
1. The unique cigarette brand style has been
			 tested in accordance with the test method prescribed in Iowa Code section
			 101B.4 or has been approved
			 pursuant to Iowa Code section
			 101B.4.
2. The unique cigarette brand style meets the
			 performance standard specified in Iowa Code section
			 101B.4 or has been approved
			 pursuant to Iowa Code section
			 101B.4.
3. A written certification for the unique
			 cigarette brand style has been filed by the manufacturer with the department
			 and in accordance with rule
			 661-61.4 (101B).
4. Packaging for the unique cigarette brand
			 style has been marked in accordance with rule
			 661-61.5 (101B).
"Cigarette"
means a cigarette as defined in
				Iowa Code section 453A.1, but does not mean a
				tobacco product as defined in Iowa Code section
				453A.1.
"Department"
means the same as defined in Iowa
				Code section 101B.2(3).
"Fire safe cigarette"
means a cigarette
				certified pursuant to this chapter.
"Manufacturer"
means the same as defined in
				Iowa Code section 101B.2(4).
"Sale"
means the same as defined in Iowa Code
				section 101B.2(8).
"Unique cigarette brand style"
means a
				cigarette with a unique combination of the following:
1. Brand or trade name.
2. Style, such as light or ultra
			 light.
3. Length.
4. Circumference.
5. Flavor, such as menthol or chocolate, if
			 applicable.
6. Presence or absence
			 of a filter.
7. Type of package,
			 such as soft pack or box.
"Wholesaler"
means the same as defined in Iowa
				Code section 101B.2(10).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.2 - Certification and Fee

Current through Register Vol. 47, No. 3, July 24, 2024
A certification application and fee shall be submitted to the
				department online pursuant to Iowa Code section
				101B.5. An application is
				incomplete unless all required information is submitted, including required
				attachments and fees. Applications will not be processed until
				complete.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.3 - Test Method, Performance Standard, Test Report

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise excepted therein, each unique cigarette brand
				style submitted for certification under this chapter shall meet all of the
				criteria in Iowa Code section
				101B.4.
(1)
Alternate test method.
A
			 manufacturer proposing an alternate test method and performance standard
			 pursuant to this rule will submit such proposal to the department on a form
			 provided by the department.
a. The department
			 will approve or deny the proposed alternate test method and performance
			 standard within 60 days of receipt of such proposal and will send notification
			 of such approval or denial by certified mail, return receipt requested, to the
			 address provided by the manufacturer.
b. The department may approve an alternate
			 test method and performance standard if it is determined to be equivalent to
			 the test method and performance standard prescribed in Iowa Code section
			 101B.4. If an alternate test
			 method and performance standard is approved pursuant to this rule, the
			 manufacturer may employ the alternate test method and performance standard to
			 certify the cigarette in accordance with Iowa Code section
			 101B.4.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.5 - Marking Fire Safe Cigarette Packaging

Current through Register Vol. 47, No. 3, July 24, 2024
Cigarettes that have been certified in accordance with Iowa
				Code section 101B.5 shall be marked as
				provided in Iowa Code section
				101B.7. The recommended marking
				is the letters "FSC" displayed in accordance with any of the methods described
				in Iowa Code section 101B.7.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.6 - Violations and Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
A person who violates any provision of Iowa Code chapter 101B
				or of this chapter is subject to a civil penalty of an amount no greater than
				specified by Iowa Code section
				101B.8. Notice ofa civil penalty
				will be provided by mail or by personal service. A person subject to a civil
				penalty may appeal the imposition of the penalty by requesting a contested case
				hearing, in writing, within 20 days. An appeal of a civil penalty is subject to
				the provisions of 481-Chapters 9 and 10 governing contested
				cases.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.7 - Testing Performed or Sponsored by the Department

Current through Register Vol. 47, No. 3, July 24, 2024
Testing performed or sponsored by the department to determine a
				cigarette's compliance with the performance standard required by this chapter
				shall be conducted in accordance with rule
				661-61.3
				(101B).
EXCEPTION: Testing performed or sponsored by the department to
				determine the compliance of a cigarette tested in accordance with rule
				661-61.4
				(10IB) shall be conducted in accordance with the test method and performance
				standard specified in a proposal approved under rule
				661-61.4
				(101B).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.10 - Certification and Fee

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each manufacturer shall submit a written
			 certification to the department attesting to all of the following:
a. Each certified fire safe cigarette listed
			 in the certification has been tested in accordance with rule
			 661-61.3 (101B),
			 661-61.4 (101B), or
			 661-61.5 (101B).
b. Each certified fire safe cigarette listed
			 in the certification meets the performance standard specified in rule
			 661-61.3 (101B) or approved
			 under rule 661-61.4 (101B).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.11 - Changes to the Manufacture of a Certified Fire Safe Cigarette

Current through Register Vol. 47, No. 3, July 24, 2024
If a manufacturer produces a cigarette certified pursuant to
				this chapter and makes any change to the certified fire safe cigarette
				thereafter that is likely to alter the cigarette's compliance with the
				standards specified in this chapter, prior to the cigarette's being sold or
				offered for sale in this state, the manufacturer shall retest the cigarette in
				accordance with the testing standards specified in rule
				661-61.3 (10IB) or shall propose
				an alternate test method and performance standard pursuant to rule
				661-61.4 (101B) or rule
				661-61.5(101B), and shall maintain records of the retesting as required by rule
				661-61.6 (101B). Any altered
				cigarette that does not meet the performance standard specified in rule
				661-61.3 (101B) or approved
				pursuant to rule 661-61.4 (101B) shall not be
				sold in this state.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.12 - Notification of Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A manufacturer certifying cigarettes in
			 accordance with rule
			 661-61.3
			 (101B) or rule
			 661-61.4
			 (101B) shall provide a copy of the certification to all wholesalers and agents
			 to whom the manufacturer sells cigarettes and shall also provide sufficient
			 copies of an illustration of the cigarette packaging marking used by the
			 manufacturer in accordance with rule
			 661-61.13
			 (101B) for each retailer to whom the wholesalers or agents sell
			 cigarettes.
(2) A wholesaler or
			 agent shall provide a copy of the cigarette packaging marking received from a
			 manufacturer to all retailers to whom the wholesaler or agent sells cigarettes.
			 A wholesaler, agent, or retailer shall permit the state fire marshal, the
			 department of revenue, or the office of the attorney general to inspect
			 markings of cigarette packaging marked in accordance with rule
			 661-61.13
			 (101B).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.13 - Marking Fire Safe Cigarette Packaging

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Cigarettes that have been certified by a
			 manufacturer in accordance with rule
			 661-61.3 (101B) or rule
			 661-61.4 (101B) shall be marked
			 to indicate compliance with the requirements of this chapter. The marking shall
			 be in eight-point type or larger and consist of one of the following:
a. Modification of the product's universal
			 product code to include a visible mark printed at or around the area of the
			 universal product code. The mark may consist of an alphanumeric or symbolic
			 character or characters permanently stamped, engraved, embossed, or printed in
			 conjunction with the universal product code.
b. Any visible alphanumeric or symbolic
			 character or combination of alphanumeric or symbolic characters permanently
			 stamped, engraved, or embossed upon the cigarette package or cellophane
			 wrap.
c. Printed, stamped,
			 engraved, or embossed text that indicates that the cigarettes meet the
			 standards of this chapter.
Note: Though compliance with this subrule may be achieved by
				any of the methods described above, the recommended marking shall be the
				letters "FSC" displayed in accordance with any of the methods described
				above.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.20 - Applicability-preemption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pursuant to Iowa Code Supplement section
			 101B.10,
			 this chapter shall cease to be applicable if federal fire safety standards for
			 cigarettes that preempt this chapter are enacted and take effect subsequent to
			 January 1, 2009, and the state fire marshal shall notify the secretary of state
			 and the Iowa Code editor if such federal fire safety standards for cigarettes
			 are enacted.
(2) Pursuant to Iowa
			 Code Supplement section 101B. 10, political subdivisions shall not adopt or
			 enforce any ordinance, rule, or regulation that conflicts with any provision of
			 this chapter, or with any policy of the state expressed by this chapter,
			 whether the policy is expressed by inclusion of or exclusion from this
			 chapter.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 61 - Fire Safe Cigarette Certification Program › Rule 661-61.21 - Violations and Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
A person who violates any provision of Iowa Code Supplement
				chapter 101B or of this chapter shall be subject to a civil penalty of an
				amount no greater than specified for the specific offense in Iowa Code
				Supplement section
				101B.8.
				Notice of a civil penalty may be provided by mail or by personal service. A
				person subject to a civil penalty may appeal the imposition of the penalty as
				provided in 661-Chapter 10. An appeal of a civil penalty shall be subject to
				the provisions of 661-Chapter 10 for contested cases.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				access to open records. It also seeks to facilitate sound agency determinations
				with respect to the handling of confidential records and the implementation of
				the fair information practices Act. This agency is committed to the policies
				set forth in Iowa Code chapter 22; agency staff shall cooperate with members of
				the public in implementing the provisions of that chapter.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.4 - Procedures for Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule contains the provisions governing public access to
				confidential records in addition to those specified for all records in rule
				80.3(17A,22). These provisions do not apply to law enforcement agencies,
				agencies of government or persons authorized by Iowa Code chapter 692 or 100A
				to receive confidential information.
(1)
Proof of identity.
A
			 person requesting access to a confidential record may be required to provide
			 proof of identity or authority to secure access to the record.
(2)
Requests.
The custodian
			 may require a request to examine and copy a confidential record to be in
			 writing. A person requesting access to such a record may be required to sign a
			 certified statement or affidavit enumerating the specific reasons justifying
			 access to the confidential record and to provide any proof necessary to
			 establish relevant facts.
(3)
			 Reserved.
(4)
Request
			 denied.
When the custodian denies a request for access to a
			 confidential record, the custodian shall promptly notify the requester. If the
			 requester indicates to the custodian that a written notification of the denial
			 is desired, the custodian shall promptly provide such a notification that is
			 signed by the custodian and that includes:
a.
			 The name and title or position of the custodian responsible for the denial;
			 and
b. A citation to the provision
			 of law vesting authority in the custodian to deny disclosure of the record and
			 a brief statement of the reasons for the denial to this requester.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.6 - Procedure by Which a Subject May Have Additions, Dissents, or Objections Entered Into the Record

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. 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.
EXCEPTION: This rule does not apply to criminal investigation,
				identification or intelligence files. Access to criminal history data shall be
				governed by Iowa Code section
				692.5.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
The subject of a confidential record may consent to agency
				disclosure to a third party of that portion of the record concerning the
				subject. The consent must be in writing and must identify the particular record
				or records that may be disclosed, the particular person, or class of persons,
				to whom the record may be disclosed, and where applicable, the time period
				during which the record may be disclosed. The subject and, where applicable,
				the person to whom the record is to be disclosed may be required to provide
				proof of identity.
EXCEPTION: This rule does not apply to criminal investigation,
				identification or intelligence files. Access to criminal history data shall be
				governed by Iowa Code section
				692.5.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.9 - 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 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 80.10(17A,22) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely as a statistical research or reporting record; provided, that, the
			 record is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if a notice of the disclosure is transmitted
			 to the last known address of the subject.
e. To the legislative services
			 agency.
f. Disclosures in the
			 course of employee disciplinary proceedings.
g. In response to a court order or
			 subpoena.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "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 for matters in which it is performing
			 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 for purposes of determining whether
			 the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.11 - Records Retention Manual

Current through Register Vol. 47, No. 3, July 24, 2024
The department's "Records Retention Manual" contains the
				records management information required by Iowa Code chapter 22. The manual is
				available for examination and copying at the Public Information Bureau,
				Department of Public Safety, State Public Safety Headquarters Building, 215
				East 7th Street, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.13 - Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the types of departmental information or
				records that are confidential, in addition to those listed in Iowa Code chapter
				22. This rule is not exhaustive.
1.
			 Investigative reports including laboratory reports. (Iowa Code sections
			 22.7,
			 622.11,
			 692.2
			)
2. Criminal histories. (Iowa Code
			 sections
			 22.7,
			 622.11,
			 692.2
			)
3. Intelligence reports. (Iowa
			 Code sections
			 22.7,
			 622.11,
			 692.2
			)
4. Domestic abuse reports.
			 Information which individually identifies perpetrators or victims of domestic
			 abuse. (Iowa Code sections
			 22.7,
			 236.9
			)
5. Radio communication log where
			 it contains criminal history and intelligence information. (Iowa Code sections
			 22.7,
			 692.2
			)
6. Personal information in
			 confidential personnel files including but not limited to evaluations,
			 discipline, social security numbers, medical and psychological
			 evaluations.
7. Complaint files,
			 investigative files and similar information relating to private investigative
			 agency licensees. (Iowa Code sections
			 22.7,
			 80A.17
			)
8. Records received from other
			 agencies which would be confidential if created by the department. (Iowa Code
			 sections
			 22.7,
			 692.2,
			 692.3
			)
9. Any report, manual, or other
			 record which contains information concerning security procedures or emergency
			 preparedness information related to the protection of employees of the
			 department, employees of other agencies of state government, employees of other
			 units of government, visitors to state government facilities or offices, other
			 persons on premises controlled by any state or local government agency, or
			 property owned by or under the control of the department, any other state
			 agency, or any other unit of government, or information concerning security
			 procedures or emergency preparedness information related to persons or property
			 owned by or under the control of a private entity if that information was
			 obtained by the department in relation to planning for emergencies or
			 developing security procedures, or with an assurance that the information would
			 be maintained as confidential.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.14 - Release of Confidential Licensing Information for Child Support Recovery Purposes

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any statutory confidentiality provision, the
				department may share information with the child support recovery unit of the
				Iowa department of human services through manual or automated means for the
				sole purpose of identifying licensees or applicants subject to enforcement of
				child support orders pursuant to Iowa Code chapter 252J or
				598.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.15 - Release of Official Photographs of or Personal Information About Employees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An official
			 photograph of or personal information about an employee of the department who
			 is an officer as defined in Iowa Code section
			 80F.1
			 shall be released only if either of the following is true:
a. The employee has signed a written release
			 giving permission to release the photograph or personal information;
			 or
b. A request has been received
			 to release the photograph or personal information pursuant to Iowa Code chapter
			 22.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 81 - Criminal Intelligence Information › Rule 661-81.4 - Review of Criminal Intelligence Files-purging

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The intelligence bureau of the department
			 of public safety shall regularly review the information in criminal
			 intelligence files for reclassification or purging. Decisions to retain,
			 reclassify, or purge criminal intelligence files shall:
a. Ensure that the information is current,
			 accurate and relevant to the needs of the agency.
b. Safeguard individual privacy interests
			 protected by federal and state laws.
c. Ensure that security classifications
			 remain appropriate.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 81 - Criminal Intelligence Information › Rule 661-81.5 - Subpoenas and Court Orders

Current through Register Vol. 47, No. 3, July 24, 2024
Any agency or individual shall notify the department of public
				safety in writing without delay and, in any event, by the end of the next
				business day of the receipt of any subpoena, court order, request for
				production, or other legal process demanding the production of a criminal
				intelligence file, so that the department has an opportunity to make a timely
				resistance.