Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 103 - Examination and Certification of Assessors and Deputy Assessors › Rule 701-103.16 - Reappointment of Assessor

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time for reappointment.
A conference board must decide whether
				to reappoint an incumbent assessor at least 90 days before the expiration of
				the incumbent's term. If the incumbent is not to be reappointed, the conference
				board shall so notify the incumbent in writing at least 90 days before the
				expiration of the incumbent's term. Failure of the conference board to provide
				timely notification of the decision not to reappoint the assessor shall result
				in the assessor being reappointed. In no case may an incumbent assessor be
				reappointed earlier than 180 days before the expiration of the incumbent's
				term. Within ten days of reappointment or notification of expiration of the
				incumbent's term, the conference board shall notify the director of the
				reappointment or notification of expiration of the incumbent's term. If the
				conference board reappoints an incumbent assessor, the notice shall include a
				statement by the conference board stating whether there have been any charges
				or evidence of any misconduct, nonfeasance, malfeasance, or misfeasance against
				the appointee. If there have been charges or evidence of any misconduct,
				nonfeasance, malfeasance, or misfeasance against the appointee, the notice
				shall include a summary of the misconduct, nonfeasance, malfeasance, or
				misfeasance and any action taken regarding the misconduct, nonfeasance,
				malfeasance, or misfeasance. For purposes of this rule, "misconduct" means the
				same as defined in Iowa Code section
				441.9.
(2)
Continuing education.
A
				conference board shall not reappoint an incumbent assessor if the board has not
				received from the assessor education advisory committee certification that the
				incumbent assessor has satisfied all continuing education
				requirements.
(3)
Confirmation by the director of revenue.
a. An assessor reappointed by the conference
				board shall not assume the office of city or county assessor in the subsequent
				term until such reappointment is confirmed by the director of revenue. In
				considering whether to confirm the reappointment, the director shall consider
				any charges or evidence of misconduct, nonfeasance, malfeasance, or misfeasance
				by the appointee. For purposes of this rule, "misconduct" means the same as
				defined in Iowa Code section
				441.9. Within 30 days of
				receiving notice of reappointment by the conference board, the director shall
				notify the conference board and assessor of the acceptance or rejection of the
				reappointment. An appeal of the director's decision under this subrule may be
				made under rule 701-7.37 (441).
b. Immediately following selection by the
				conference board, the appointee assessor shall submit information to the
				director as required for the director or designee to conduct a background
				check. The director or designee may review the department's records and other
				records in considering whether to confirm the reappointment of an assessor.
This rule is intended to implement Iowa Code section
				  441.6 as amended by 2020 Iowa
				  Acts, House File 2641, section 106, and Iowa Code section
				  441.8.