reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 1 - Organization and Operation › Rule 286-1.4 - Information Delivery

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Photocopies of library materials
			 for Iowa residents.
The state library will provide library service to
			 any resident of Iowa. To ensure the availability of high-demand library
			 materials for in-house use, the state library may choose not to lend specific
			 library items. In lieu of lending the original item, the library may choose to
			 provide a photocopy of the requested material at a nominal charge of 20 cents
			 per page.
(2)
Photocopies
			 of library materials for nonresidents of Iowa.
To encourage interstate
			 resource sharing, the state library may enter into reciprocal free interlibrary
			 loan photocopy agreements with out-of-state libraries. For other out-of-state
			 businesses and residents, the state library will charge a $15 handling fee plus
			 20 cents per page.
This rule shall not preclude the state library from
				participating in interstate library compacts to support reciprocal resource
				sharing.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 1 - Organization and Operation › Rule 286-1.5 - Access to Library's Collections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Collections.
The state library's materials collections are
			 housed in the Ola Babcock Miller State Office Building, 1112 East Grand Avenue,
			 Des Moines, and in the State Capitol Building.
(2)
Library access.
Primary
			 research and study areas of the library's two locations are accessible to the
			 disabled; however, upper tiers are generally closed to all public access. Staff
			 may authorize access on a case-by-case basis or will retrieve materials
			 requested by library users.
(3)
Definitions.
"Holds"
are patron requests to reserve items
				checked out to other patrons. Materials may be placed on hold through the
				library's online catalog using a library card. When an item on hold becomes
				available, the patron placing the hold will be contacted and given five days to
				pick up the item.
"Individual library card"
means a card
				distributed by the state library that allows a patron to access the library's
				collections, reference assistance, and online resources.
"Proof of identity and state residence"
means
				a government-issued form of identification with a photo and indication of Iowa
				residency, including but not limited to a driver's license, a passport, a
				nonoperator's identification card, or a military identification card; or, for
				minors, a school identification card.
"Resident"
means a person who lives in Iowa or
				pays property taxes in Iowa.
"State employee library card"
means a card
				distributed by the state library that allows a state employee to access the
				library's collections, reference assistance, online resources, and interlibrary
				loan services.
(4)
Library cards.
A resident of Iowa may obtain an individual
			 library card by providing proof of identity and state residence in person, by
			 mail, or online. A state employee may obtain a state employee library card by
			 providing proof of identity, state residence, and state employment in person,
			 by mail, or online. Cards expire regularly but can be reactivated. Library
			 privileges will be suspended or canceled when a patron's library card has
			 expired.
(5)
Circulation of
			 library materials.
Circulating materials are checked out for three
			 weeks, and each item may be renewed once if there are no holds on the item.
			 Patrons may renew materials through the library's online catalog.
(6)
Fines and fees.
Fines
			 are not assessed for overdue materials. Lost, unreturned or damaged materials
			 may incur replacement costs up to $100. Replacement copies will not be
			 accepted. Library privileges will be suspended or canceled when a patron has
			 outstanding debt to the library.
(7)
Library records
			 confidential.
Library records are confidential pursuant to Iowa Code
			 section 22.7. The state librarian is the custodian of the library's
			 records.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 1 - Organization and Operation › Rule 286-1.6 - Collection Policy of the Library

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this policy is to define the intended coverage
				and clientele; establish collection management and selection policies; provide
				staff with the means to ensure consistency, responsiveness, and wise use of
				funds in collection building; assist in development of performance measures;
				establish priorities to guide budget allocations and cataloging and
				preservation decisions; and document the library's commitment to intellectual
				freedom.
See: Collection Policy. State Library of Iowa, April
				2016.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 1 - Organization and Operation › Rule 286-1.7 - Disposal of Library Materials

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
Disposal of
			 library materials shall be undertaken by the state librarian only as a means of
			 strengthening and benefiting the mission of the state library. Disposal shall
			 not be used solely to generate operating funds for the library.
(2)
Definitions.
"Deaccession "
means permanent removal of
				materials from the state library's collections.
"Library materials"
includes, but is not
				limited to, books, journals, documents, audio visuals, and software in any
				format.
"State librarian "
means the chief operating
				officer of the state library.
"State library"
means the library agency
				within the division of libraries of the department of education.
(3)
Ethics.
a. Disposal of materials shall be undertaken
			 in an open, public manner conforming to appropriate ethics
			 guidelines.
b. Ownership of
			 deaccessioned materials shall not, under any circumstances, be transferred to
			 or personally benefit any employee, spouse or immediate family member of an
			 employee of the library.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 2 - Public Records and Fair Information Practices › Rule 286-2.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency."
In lieu of the words "(official or
				body issuing these rules)", insert "library division".
"Custodian of
				the record"
means the state librarian.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 2 - Public Records and Fair Information Practices › Rule 286-2.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In
			 lieu of the words "(insert agency head)", insert "state librarian". Also in
			 lieu of the words "(insert agency name and address)", insert "State Librarian,
			 State Library of Iowa, 1112 East Grand Avenue, Des Moines, Iowa
			 50319".
(2)
Office
			 hours.
In lieu of the words "(insert customary office hours of at
			 least thirty hours per week, insert hours specified in Iowa Code section
			 22.4) ", insert "8 a.m. to 4:30
			 p.m., Monday through Friday, excepting legal holidays".
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 2 - Public Records and Fair Information Practices › Rule 286-2.9 - 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 2.10(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 anotice of the disclosure is transmitted
			 to the last-known address of the subject.
e. To the legislative services agency under
			 Iowa Code section 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 2 - Public Records and Fair Information Practices › Rule 286-2.10 - 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 286 - Libraries and Information Services Division › Chapter 2 - Public Records and Fair Information Practices › Rule 286-2.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to agency disclosure of confidential records as provided in
			 rule 2.7(17A,22).
(2)
Complaints to public officials.
A letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may,
			 to the extent permitted by law, be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 2 - Public Records and Fair Information Practices › Rule 286-2.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The subject
			 of a confidential record may file a written request to review confidential
			 records about that person as provided in rule 2.6(17A,22). However, the agency
			 need not release the following records:
a. The
			 identity of a person providing information to the agency need not be disclosed
			 directly or indirectly to the subject of the information when the information
			 is authorized to be held confidential pursuant to Iowa Code section
			 22.7(18)  or
			 other provision of law.
b. Records
			 need not be disclosed to the subject when they are the work product of an
			 attorney or are otherwise privileged.
c. Peace officers' investigative reports may
			 be withheld from the subject, except as required by the Iowa Code. (See Iowa
			 Code section 22.7(5).)
Other records will be released in accordance with the Iowa
				Code.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 2 - Public Records and Fair Information Practices › Rule 286-2.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Agency records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Records which are exempt
			 from disclosure under Iowa Code section
			 22.7;
b. Minutes of closed meetings of a government
			 body as provided in Iowa Code section
			 21.5(4);
c. Those portions of agency staff manuals,
			 instructions or other statements issued which set forth criteria or guidelines
			 to be used by agency staff in auditing, in making inspections, in settling
			 commercial disputes or negotiating commercial arrangements, or in the selection
			 or handling of cases, such as operational tactics or allowable tolerances or
			 criteria for the defense, prosecution or settlement of cases, when disclosure
			 of these statements would:
(1) Enable law
			 violators to avoid detection;
(2)
			 Facilitate disregard of requirements imposed by law;
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency;
(See Iowa Code sections 17A.2 and 17A.3)
d. Individual ranking sheets
			 (except for requester's own) of grant application evaluators; or
e. Any other records made confidential by
			 law.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 2 - Public Records and Fair Information Practices › Rule 286-2.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information which is collected, maintained, and retrieved by the
				agency by personal identifier in record systems as defined in rule 2.1(17A,22).
				For each record system, this rule describes the legal authority for the
				collection of that information, the means of storage of that information and
				indicates whether a data processing system matches, collates, or permits the
				comparison of personally identifiable information in one record system with
				personally identifiable information in another record system. The record
				systems maintained by the agency are:
(1)
Personnel records.
These
			 records concern departmental employees and their families, as well as
			 applicants for employment with the department. The system contains material on
			 health, dental, life, and long-term disability insurance; pay and benefit
			 documents; tax withholding; position description questionnaires; affirmative
			 action and equal employment opportunity; disciplinary information; grievances
			 and appeals; performance planning and evaluation; training; deferred
			 compensation; worker's compensation; payroll records; and other materials
			 relating to the employees of the department. Some of the information may be
			 confidential under Iowa Code section
			 22.7(11)  and
			 other legal provisions. These records contain names, social security numbers
			 and other identifying numbers, and are collected in paper form and through the
			 state's automated data processing system.
(2) Reserved.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 2 - Public Records and Fair Information Practices › Rule 286-2.15 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than record systems as defined in rule 2.1(17A,22). These records are
				routinely available to the public. However, the agency's files of these records
				may contain confidential information as discussed in rule 2.13(17A,22). The
				records listed may contain information about individuals.
(1)
Council, hoard, and commission
			 records.
Agendas, minutes, and materials presented to the commission
			 of libraries are available from the state library, except those records
			 concerning closed sessions which are exempt from disclosure under Iowa Code
			 section 21.5 or which are otherwise
			 confidential by law. Council and commission records contain information about
			 people who participate in meetings. This information is collected pursuant to
			 Iowa Code section 21.3. This information is not
			 stored on an automated data processing system.
(2)
Administrative records.
This includes documents concerning budget, property inventory, purchasing,
			 yearly reports, office policies for employees, time sheets, printing and supply
			 requisitions.
(3)
Publications.
This office receives a number of books,
			 periodicals, newsletters, government documents, annual reports and brochures
			 related to its mission. These materials would generally be open to the public
			 but may be protected by copyright law. Most publications of general interest
			 are available in the library division.
(4)
Office publications.
This office issues a variety of materials including promotional and grants
			 brochures and pamphlets, press releases, project and annual reports, and
			 newsletters which may contain information about individuals, staff or members
			 of boards, councils, or commissions.
(5)
Rule-making records.
Public documents generated during the promulgation of agency rules, including
			 notices and public comments, are available for public inspection.
(6)
Other records.
Other
			 records are disclosed to the public unless otherwise exempted from disclosure
			 by law.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 2 - Public Records and Fair Information Practices › Rule 286-2.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
(1) Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier
(2) Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
(3) Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the regulations of another agency.
(4) Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
(5) Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable regulations of the
			 agency.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 3 - Statewide Programs and Agreements › Rule 286-3.1 - State of Iowa Libraries Online (SILO)

Current through Register Vol. 47, No. 3, July 24, 2024
Purpose is to provide electronic access to Iowa's library
				resources and to electronic information resources. Includes an electronic "card
				catalog" and associated electronic interlibrary loan system to facilitate the
				identifying and requesting of library materials among Iowa libraries. Delivers
				statewide library access to numerous citation and full text
				databases.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 3 - Statewide Programs and Agreements › Rule 286-3.2 - Enrich Iowa Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
Enrich Iowa, a direct state aid program, provides
			 incentives to improve library services and to reduce inequities among
			 communities in the delivery of library services based on recognized and adopted
			 performance measures. The funding is intended to supplement, not replace, local
			 funding.
(2)
Eligibility.
a. To
			 participate in the enrich Iowa program, an Iowa public library must:
(1) Be established by city ordinance or as a
			 county library at least two years previous in accordance with Iowa Code chapter
			 336.
(2) Use the enrich Iowa funds
			 to improve library services.
(3)
			 Use program funds to supplement, not supplant, any other funding received by
			 the library.
(4) Provide
			 information for auditing purposes, if requested by the state library.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 3 - Statewide Programs and Agreements › Rule 286-3.3 - Open Access

Current through Register Vol. 47, No. 3, July 24, 2024
Purpose is to provide Iowa citizens with direct access to more
				library materials and information resources. It is a reciprocal borrowing
				program that enables users from participating libraries to directly check out
				materials from other participating libraries.
SEE: Open Access Program Letter of Agreement. State Library of
				Iowa.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 3 - Statewide Programs and Agreements › Rule 286-3.4 - Access Plus

Current through Register Vol. 47, No. 3, July 24, 2024
Purpose is to provide Iowa citizens with equal access to
				library resources by encouraging and supporting multitype resource sharing.
				Access Plus subsidizes participating libraries for each interlibrary loan, from
				the first loan, made to an eligible Iowa library.
SEE: Access Plus Program Letter of Agreement. State Library of
				Iowa.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 3 - Statewide Programs and Agreements › Rule 286-3.6 - In Service to Iowa: Public Library Measures of Quality

Current through Register Vol. 47, No. 3, July 24, 2024
Purpose is to provide performance measures to encourage the
				ongoing development of quality public library service in the state. By
				identifying policies, service levels, role selection and output measures,
				consistency and quality in all aspects of public library service can be
				achieved.
SEE: In Service to Iowa: Public Library Measures of Quality. 3d
				ed. State Library of Iowa, 1997.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 3 - Statewide Programs and Agreements › Rule 286-3.7 - Iowa Certification Program for Public Librarians

Current through Register Vol. 47, No. 3, July 24, 2024
Purpose is to improve library service in Iowa by encouraging
				public librarians to acquire, maintain and develop skills through basic and
				continuing education, by recognizing librarians who update skills, by improving
				the public image of librarians, and by providing guidelines for public library
				boards to use in developing hiring policies.
SEE: Iowa Certification Program for Public Libraries. State
				Library of Iowa, 1993.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 3 - Statewide Programs and Agreements › Rule 286-3.8 - Summer Library Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Purpose is
			 to assist public libraries in planning summer reading programs by producing
			 promotional and programming materials, locally adaptable, to help improve
			 library service to youth in Iowa and to improve skills of librarians.
(2) Procedures.
a. An advisory committee provides advice to
			 the state library regarding this program.
b. Working with a multistate cooperative, the
			 manual and promotional materials are developed around a theme.
c. Participating libraries may purchase theme
			 materials (manuals, posters, bookmarks, and related materials).
d. The program is publicized and promoted
			 through the state library's newsletter and through regional workshops each
			 year
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 6 - Library Services and Technology Act (LSTA) Program › Rule 286-6.1 - Description

Current through Register Vol. 47, No. 3, July 24, 2024
The Library Services and Technology Act (LSTA) program is an
				annual, federally funded program which provides assistance to libraries and
				library programs in Iowa. The purpose of the Library Services and Technology
				Act is to stimulate excellence and promote access to learning and information
				resources in all types of libraries for individuals of all ages. The federal
				LSTA program, authorized by
				P.L.
				104-208 (H.R. 3610) and enacted September 30,
				1997, supersedes the Library Services and Construction Act (LSCA).
(1) The state library administers and uses
			 the state-based LSTA funds (in any proportion) directly or through subgrants or
			 cooperative agreements for the purposes of
a.
			 Establishing or enhancing electronic linkage among or between
			 libraries;
b. Electronically
			 linking libraries with educational, social, or information services;
c. Assisting libraries in accessing
			 information through electronic networks;
d. Encouraging libraries in different areas,
			 and encouraging different types of libraries to establish consortia and share
			 resources; and
e. Paying costs for
			 libraries to acquire or share computer systems and telecommunications
			 technologies.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 6 - Library Services and Technology Act (LSTA) Program › Rule 286-6.2 - Advisory Councils

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
State LSTA advisory council.
The LSTA advisory council meets
			 at least annually. The state library when desiring assistance in the program
			 may also call meetings of the LSTA advisory council. The council members are
			 appointed by the state librarian and are broadly representative of the library
			 entities in the state, including public, school, academic, special, and
			 institutional libraries.
The council aids the state library in identifying the needs of
				the Iowa library community and provides suggestions for meeting those needs in
				accordance with the basic guidelines of the Five-Year Plan for the Use of
				Library Services and Technology Act (LSTA) Funds. The council also assists the
				state library in evaluating LSTA programs and activities and assists the state
				library in the five-year-plan evaluation.
(2)
State SILO advisory
			 committee.
The SILO advisory committee shall consist of
			 representatives of the Iowa library community.
The SILO advisory committee reviews the technology needs of
				Iowa libraries and provides suggestions for meeting those needs in accordance
				with the basic guidelines of the Five-Year Plan for the Use of Library Services
				and Technology Act (LSTA) Funds.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 6 - Library Services and Technology Act (LSTA) Program › Rule 286-6.3 - Process

Current through Register Vol. 47, No. 3, July 24, 2024
The state library administers and uses the state-based LSTA
				funds (in any proportion) directly or through subgrants or cooperative
				agreements. The actual amount, timing, and availability of funds for projects
				is determined by the state library of Iowa in consultation with the LSTA
				advisory council and the Iowa library community. In accordance with the
				principles set forth in the basic guidelines of the Five-Year Plan for the Use
				of Library Services and Technology Act (LSTA) Funds, individual grants are not
				anticipated. However, when individual grants are deemed to be the appropriate
				vehicle to meet the identified needs as well as the intent of the guidelines,
				information on grants will be published and distributed statewide.
(1)
Eligihility.
Eligibility
			 of projects will be determined by the Five-Year Plan for the Use of Library
			 Services and Technology Act Funds. The use of the funds will have a major
			 impact on library service to lowans; increase access to information; have a
			 statewide benefit; foster cooperation, resource sharing, and partnerships;
			 involve all types and sizes of libraries; encourage innovation; and emphasize
			 evaluation.
(2)
Reporting
			 procedures.
All LSTA grant recipients shall submit to the state
			 library documentation of LSTA project-related expenses and periodic and final
			 project reports. LSTA funded projects are subject to on-site monitoring by
			 state library personnel.
(3)
Informal appeals.
Informal appeals shall be made on procedural
			 grounds only. Such grounds include alleged conflicts of interest, unfair or
			 impartial treatment of applications or procedures not uniformly applied to all
			 applicants.
(4)
Informal
			 appeal hearing.
A written request for an informal appeal hearing shall
			 be sent to the state librarian. The hearing shall be held within 15 calendar
			 days of the date of the request during regular business hours of the state
			 library. The hearing shall be held before the state librarian or such members
			 of a review board as the state librarian designates. The state librarian shall:
a. Notify the appellant as to the day, hour,
			 and location of the hearing;
b.
			 Inform the appellant of the right to submit any written documents regarding the
			 application;
c. Inform the
			 appellant that a spokesperson must be appointed if the appeal involves more
			 than one person per project. The state librarian or designees shall direct
			 questions only to the spokesperson during the hearing. Any other discussion or
			 comments shall be reserved for a closed executive session. No indication of
			 decision shall be given at the time of the hearing;
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 7 - Internet Use Policy › Rule 286-7.1 - Rights and Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The state library expects the use of all
			 its electronic sources such as the Internet to be responsible, ethical, and
			 legal, and consistent with the purpose for which those resources are provided.
			 The state library complies with the Children's Internet Protection Act (Pub. L.
			 No. 106-554 and 47 USC
			 254(h)) . To this end:
a. The state library affirms the right of
			 every individual to have access to constitutionally protected material as
			 stated in the library's collection development policy.
b. Parents or guardians, not the library or
			 its staff, are responsible for the Internet use by their children.
c. Internet access is provided in a public
			 area shared by users of all ages, backgrounds, and sensibilities. Users should
			 consider this when accessing potentially controversial information and
			 images.
d. The state library
			 reserves the right to ask users to discontinue the display of information and
			 images which cause a disruption.
e.
			 Users should respect the privacy of other Internet users by not observing what
			 sites others are accessing.
f.
			 Users will not misrepresent themselves as any other user; will not attempt to
			 modify or gain access to files, passwords, or data belonging to others; will
			 not seek unauthorized access to any computer system; and will not damage or
			 alter software components of any network or database.
g. Illegal activities subject to prosecution
			 include:
(1) Destruction of or damage to
			 equipment, software, or data belonging to the library;
(2) Violation of computer system security or
			 system configuration;
(3) Violation
			 of the copyright laws of the United States;
(4) Downloading or provision of child
			 pornography or display of pornography where it may be seen by
			 children.
h. To the
			 extent practical, steps shall be taken to promote the safety and security of
			 users of the Internet when they are using electronic mail, chat rooms, instant
			 messaging and other forms of direct electronic communications.
i. Safety and security of minors.
(1) Prevention of inappropriate network
			 usage.
1. Technology measures shall be used
			 to prevent unauthorized access and other unlawful activities.
2. Technology measures shall be used to
			 prevent unauthorized disclosure, use, and dissemination of personal
			 identification information.
(2) Prevention of access to inappropriate
			 material.
1. Technology protection measures,
			 i.e., Internet filters, shall be used to block or filter access to
			 inappropriate material on the Internet.
2. Blocking shall be applied to visual
			 depictions of material deemed obscene, to child pornography, or to any material
			 deemed harmful to minors.
3.
			 Technology protection measures may be disabled by library staff for adults or,
			 in the case of minors, minimized for bona fide research or other lawful
			 purposes.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 7 - Internet Use Policy › Rule 286-7.2 - Access to Internet Computers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The Internet is available for any user
			 who visits the state library. Access is on a first-come, first-served basis.
			 Appointments are not accepted, but users are welcome to call ahead to check
			 availability.
(2) Internet
			 computers are available for use during the library's normal business hours. Use
			 must be completed 15 minutes prior to the library's closing. The Internet may
			 be unavailable due to unforeseen problems with hardware, software or
			 telecommunications.
(3) State
			 employees have unlimited Internet use. Non-state employees can use the Internet
			 up to one hour each day.
(4) While
			 respecting individual users' right to privacy, state library staff reserves the
			 right to monitor use of Internet workstations to ensure compliance with this
			 policy. Staff may ask users to remove themselves from library equipment if
			 observed behavior is in conflict with this policy.
(5) Staff use of computers for research and
			 maintenance may, at times, supersede users' access.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 7 - Internet Use Policy › Rule 286-7.6 - Staff Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) State library staff will answer basic
			 questions about Internet use or help locate resources. Internet reference books
			 are available in the library's collection.
(2) Staff reserves the right to waive the
			 procedures contained in this document as circumstances warrant.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.1 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				waivers from rules adopted by the commission in situations where no other more
				specifically applicable law provides for waivers. To the extent another more
				specific provision of law governs the issuance of a waiver from a particular
				rule, the more specific provision shall supersede this chapter with respect to
				any waiver from that rule.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Commission"
means the commission of libraries
				established by Iowa Code section 256.52.
"Division"
means the division of libraries and
				information services of the department of education.
"Person"
means an individual, library,
				government or governmental subdivision or agency, partnership or association,
				or any legal entity.
"Waiver"
means an agency action which suspends
				in whole or in part the requirements or provisions of a rule as applied to an
				identified person on the basis of the particular circumstances of that
				person.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commission may grant a waiver from a
			 rule adopted by the commission only if (1) the commission has jurisdiction over
			 the rule; (2) no statute or rule otherwise controls the granting of a waiver
			 from the rule from which waiver is requested; and (3) the requested waiver is
			 consistent with applicable statutes, constitutional provisions, or other
			 provisions of law.
(2) No waiver
			 may be granted from a requirement which is imposed by statute.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.4 - Commission Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
The decision on whether the circumstances justify the granting
				of a waiver shall be made at the discretion of the commission upon
				consideration of all relevant factors. Each petition for a waiver shall be
				evaluated by the commission based on the unique, individual circumstances set
				out in the petition.
(1)
Criteria for waiver.
In determining whether a waiver should be
			 granted, the commission shall consider the public interest, policies and
			 legislative intent of the statute on which the rule is based. When the rule
			 from which a waiver is sought establishes administrative deadlines, the
			 commission shall balance the special individual circumstances of the petitioner
			 with the overall goal of uniform treatment of all similarly situated persons.
			 The commission may, in response to a completed petition, grant a waiver from a
			 rule, in whole or in part, as applied to the circumstances of a specified
			 situation if the commission finds all of the following:
a. The application of the rule would result
			 in an undue hardship on the person for whom the waiver is requested;
b. The waiver from the requirements of the
			 rule in the specific case would not prejudice the substantial legal rights of
			 any person;
c. The provisions of
			 the rule subject to the petition for waiver are not specifically mandated by
			 statute or another provision of law; and
d. Substantially equal protection of public
			 health, safety, and welfare will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.5 - Requester's Responsibilities in Filing a Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
All
			 petitions for waiver must be submitted in writing to the State Library, Ola
			 Babcock Miller Building, 1112 East Grand Avenue, Des Moines, Iowa 50319. If the
			 petition relates to a pending contested case, a copy of the petition shall also
			 be filed in the contested case proceeding.
(2)
Content of petition.
A
			 petition for waiver shall include the following information where applicable
			 and known to the requester:
a. A description
			 and citation of the specific rule from which a waiver is requested.
b. The specific waiver requested, including
			 the precise scope and operative period that the waiver will extend.
c. The relevant facts that the petitioner
			 believes would justify a waiver under each of the four criteria specified in
			 paragraphs 10.4(1)
"a"
through
"d."
d. A signed statement from the petitioner
			 attesting to the accuracy of the facts provided in the petition and a statement
			 of reasons that the petitioner believes will justify a waiver.
e. A history of any prior contacts between
			 the commission and the petitioner or between the division and the petitioner
			 within the past five years.
f. Any
			 information known to the requester regarding the treatment of similar cases by
			 the commission.
g. The name,
			 address, and telephone number of any public agency or political subdivision
			 that also regulates the activity in question or that might be affected by the
			 granting of a waiver.
h. The name,
			 address, and telephone number of any person or entity that would be adversely
			 affected by the granting of a petition.
i. The name, address, and telephone number of
			 any person with knowledge of the relevant facts relating to the proposed
			 waiver.
j. Signed releases of
			 information authorizing persons with knowledge regarding the request to furnish
			 the commission with information relevant to the waiver.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.6 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall acknowledge a petition upon receipt. The
				commission shall ensure that, within 30 days of the receipt of the petition,
				notice of the pendency of the petition and a concise summary of its contents
				have been provided to all persons to whom notice is required by any provision
				of law. In addition, the commission may give notice to other persons. To
				accomplish this notice provision, the commission may require the petitioner to
				serve the notice on all persons to whom notice is required by any provision of
				law and provide a written statement to the commission attesting that notice has
				been provided.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.7 - Commission's Responsibilities Regarding Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Additional information.
Prior to issuing an order granting or denying a waiver, the commission may
			 request additional information from the petitioner relative to the petition and
			 surrounding circumstances. If the petition was not filed in a contested case,
			 the commission may, on the commission's own motion or at the petitioner's
			 request, schedule a telephonic or in-person meeting between the petitioner and
			 the commission.
(2)
Hearing
			 procedures.
The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings shall apply in three situations:
(1) to any petition for a waiver of a rule
			 filed within a contested case;
(2)
			 when the commission so provides by rule or order; or (3) when a statute so
			 requires.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.8 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying waivers under this chapter shall
				be indexed, filed and available for public inspection as provided in Iowa Code
				section 17A.3. Petitions for a waiver and orders granting or denying a waiver
				petition are public records under Iowa Code chapter 22. Some petitions or
				orders may contain information that the commission is authorized or required to
				keep confidential. The commission may accordingly redact confidential
				information from petitions or orders prior to public
				inspection.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.9 - Voiding or Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver is void if the material facts upon which the request
				or petition is based are not true or if material facts have been withheld. A
				waiver issued by the commission pursuant to this chapter may be withdrawn,
				canceled, or modified if, after appropriate notice and opportunity for hearing,
				the commission issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver order withheld or misrepresented material facts relevant
			 to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
			 the public health, safety and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to comply with any conditions contained in the order.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.10 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of conditions in the waiver order is the equivalent
				of violation of the particular rule for which the waiver is granted and is
				subject to the same remedies or penalties.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.11 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the commission issues an order granting a waiver, the
				order is a defense within its terms and the specific facts indicated therein
				for the person to whom the order pertains in any proceeding in which the rule
				in question is sought to be invoked.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.12 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Granting or denying a request for waiver is final agency action
				under Iowa Code chapter 17A. Judicial review of the decision to grant or deny a
				waiver petition may be taken in accordance with Iowa Code chapter
				17A.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 10 - Waivers or Variances From Administrative Rules › Rule 286-10.13 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of granting or denying a waiver, the commission
				shall make a submission on the Internet site established pursuant to Iowa Code
				section 17A.9A for the submission of waiver information. The submission shall
				identify the rules for which a waiver has been granted or denied by the
				commission, the number of times a waiver was granted or denied for each rule, a
				citation to the statutory provisions implemented by these rules, and a general
				summary of the reasons justifying the commission's actions on waiver requests.
				If practicable, the submission shall detail the extent to which the granting of
				a waiver has established a precedent for additional waivers and the extent to
				which the granting of a waiver has affected the general applicability of the
				rule itself.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Division "
means the division of libraries
				and information services of the department of education.
"Person"
means an individual, library,
				government or governmental subdivision or agency, partnership or association,
				or any legal entity.