reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When the
			 superintendent presides over the reception of evidence at the hearing, the
			 superintendent's decision is a final decision.
(2) When the superintendent does not preside
			 at the reception of evidence, the presiding officer shall make a proposed
			 decision. The proposed decision becomes the final decision of the division
			 without further proceedings unless there is an appeal to, or review on motion
			 of, the superintendent within the time provided in rule 22.27(17A).
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the superintendent within 30 days after issuance of the
			 proposed decision.
(2)
Review.
The superintendent may initiate review of a proposed
			 decision on the superintendent's own motion at any time within 30 days
			 following the issuance of such a decision.
(3)
Notice of appeal.
An
			 appeal of a proposed decision is initiated by filing a timely notice of appeal
			 with the credit union division. The notice of appeal must be signed by the
			 appealing party or a representative of that party and contain a certificate of
			 service. The notice shall specify:
a. The
			 parties initiating the appeal;
b.
			 The proposed decision or order appealed from;
c. The specific findings or conclusions to
			 which exception is taken and any other exceptions to the decision or
			 order;
d. The relief
			 sought;
e. The grounds for
			 relief.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order.
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the division decision on the existing record and whether, on the basis
			 of the grounds enumerated in subrule 22.27(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the credit union division within 20 days after
			 issuance of the final decision.
(4)
Notice to other parties.
A copy of the application shall be
			 timely mailed by the applicant to all parties of record not joining therein. If
			 the application does not contain a certificate of service, the credit union
			 division shall serve copies on all parties.
(5)
Disposition.
Any
			 application for a rehearing shall be deemed denied unless the division grants
			 the application within 20 days after its filing.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.29 - Stays of Division Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the credit union division for a
			 stay of an order issued in that proceeding or for other temporary remedies,
			 pending review by the division. The petition shall be filed with the notice of
			 appeal and shall state the reasons justifying a stay or other temporary remedy.
			 The superintendent may rule on the stay or authorize the presiding officer to
			 do so.
b. Any party to a contested
			 case proceeding may petition the credit union division for a stay or other
			 temporary remedies pending judicial review of all or part of that proceeding.
			 The petition shall state the reasons justifying a stay or other temporary
			 remedy.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.30 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary hearing. If such agreement is reached, a jointly submitted schedule detailing the method and timetable for submission of the record, briefs and oral argument should be submitted to the presiding officer for approval as soon as practicable. If the parties cannot agree, any party may file and serve a motion for summary judgment pursuant to the rules governing such motions.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 22 - Contested Cases › Rule 189-22.31 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare and, consistent with the Constitution
			 and other provisions of law, the superintendent may issue a written order in
			 compliance with 1998 Iowa Acts, chapter 1202, section 21, to suspend a license
			 in whole or in part, order the cessation of any continuing activity, order
			 affirmative action, or take other action within the jurisdiction of the
			 superintendent by emergency adjudicative order. Before issuing an emergency
			 adjudicative order the superintendent shall consider factors including, but not
			 limited to, the following:
a. Whether there
			 has been a sufficient factual investigation to ensure that the division is
			 proceeding on the basis of reliable information;
b. Whether the specific circumstances which
			 pose immediate danger to the public health, safety or welfare have been
			 identified and determined to be continuing;
c. Whether the person required to comply with
			 the emergency adjudicative order may continue to engage in other activities
			 without posing immediate danger to the public health, safety or
			 welfare;
d. Whether imposition of
			 monitoring requirements or other interim safeguards would be sufficient to
			 protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the division is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 23 - Uniform Waiver Rules › Rule 189-23.1 - 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 board or the superintendent in situations
				where no other more specifically applicable law provides for waivers. The
				intent of this chapter is to allow persons to seek exceptions to the
				application of rules issued by the board or the superintendent. This chapter
				shall not apply to rules that merely define the meaning of a statute or other
				provision of law or precedent if the division does not possess delegated
				authority to bind the courts to any extent with its definition. 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.
(1)
Definitions.
"Board"
means the credit union review board
				created by Iowa Code section
				533.107.
"Person"
means an individual, corporation,
				limited liability company, government or governmental subdivision or agency,
				business trust, estate, trust, partnership or association, or any legal
				entity.
"Superintendent"
means the superintendent of
				credit unions appointed by the governor to direct and regulate credit unions
				pursuant to Iowa Code chapter 533.
"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.
(2)
Applicability.
a. The
			 superintendent may grant a waiver from a rule adopted by the board or
			 superintendent only if (1) the board or superintendent 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.
b. No waiver may
			 be granted from a requirement which is imposed by statute.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 23 - Uniform Waiver Rules › Rule 189-23.2 - Superintendent 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 superintendent upon
				consideration of all relevant factors. Each petition for a waiver shall be
				evaluated by the superintendent based on the unique, individual circumstances
				set out in the petition.
(1)
Criteria for waiver.
The superintendent 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 superintendent 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.
In determining whether a waiver should be granted, the
				superintendent 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 superintendent shall
				balance the special individual circumstances of the petitioner with the overall
				goal of uniform treatment of all similarly situated persons.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 23 - Uniform Waiver Rules › Rule 189-23.3 - Requester's Responsibilities in Filing a Waiver Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
All
			 petitions for waiver must be submitted in writing to the Credit Union Division,
			 200 East Grand Avenue, Suite 370, Des Moines, Iowa 50309. 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 (for an example of a petition for waiver, see
			 Exhibit A at the end of this chapter):
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 subrule 23.2(1).
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 superintendent and the petitioner relating to the
			 regulated activity, license, grant, loan or other financial assistance affected
			 by the proposed waiver, including a description of each affected license,
			 grant, loan or other financial assistance held by the requester, any notices of
			 violation, contested case hearings, or investigative or examination reports
			 relating to the regulated activity, license, grant or loan within the past five
			 years.
f. Any information known to
			 the requester regarding the treatment of similar cases by the
			 superintendent.
g. The name,
			 address, and telephone number of any public agency or political subdivision
			 which also regulates the activity in question, or which 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 superintendent with information relevant to the waiver.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 23 - Uniform Waiver Rules › Rule 189-23.4 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The superintendent shall acknowledge a petition upon receipt.
				The superintendent 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 superintendent may give notice to other
				persons. T o accomplish this notice provision, the superintendent 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 superintendent
				attesting that notice has been provided.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 23 - Uniform Waiver Rules › Rule 189-23.5 - Superintendent'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 superintendent 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 superintendent may, on the superintendent's own motion or at the
			 petitioner's request, schedule a telephonic or in-person meeting between the
			 petitioner and the superintendent or the superintendent's designee.
(2)
Hearing procedures.
The
			 provisions of Iowa Code sections
			 17A.10
			 to
			 17A.18A
			 regarding contested case hearings shall apply in three situations:
(a) to any petition for a waiver of rule
			 filed within a contested case;
(b)
			 when the board or superintendent so provides by rule or order; or
(c)  when a statute so requires.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 23 - Uniform Waiver Rules › Rule 189-23.6 - 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 the superintendent is authorized or required to keep confidential.
				The superintendent may accordingly redact confidential information from
				petitions or orders prior to public inspection.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 23 - Uniform Waiver Rules › Rule 189-23.7 - 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 superintendent pursuant to this chapter may be withdrawn,
				canceled, or modified if, after appropriate notice and opportunity for hearing,
				the superintendent 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 has 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 189 - Credit Union Division › Chapter 23 - Uniform Waiver Rules › Rule 189-23.9 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the superintendent 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 189 - Credit Union Division › Chapter 23 - Uniform Waiver Rules › Rule 189-23.10 - Appeals

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. An appeal to district court shall be taken within
				30 days of the issuance of the order in response to the request unless a
				contrary time is provided by rule or statute.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 24 - Electronic Transfer of Funds › Rule 189-24.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section 527.3 authorizes the administrator to issue rules applicable to financial institutions regarding the operation or control of a satellite terminal or pertaining to a financial transaction engaged in through a satellite terminal. Iowa Code section 527.11 empowers the administrator to adopt and promulgate rules which are necessary to properly and effectively carry out and enforce Iowa Code chapter 527. When the term "administrators" appears in this chapter, it signifies that joint action or enforcement may be taken by the administrators specified in Iowa Code sections 527.2 and 527.3.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 24 - Electronic Transfer of Funds › Rule 189-24.3 - Applications to Operate a Central Routing Unit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Approval required.
A
			 central routing unit shall not be operated in the state of Iowa unless written
			 approval for that operation has been obtained from the
			 administrators.
(2)
Application requirements. A
person desiring to operate a
			 central routing unit shall submit to the administrators an application which
			 shall contain all of the information and shall be accompanied by all
			 documentation expressly provided for in Iowa Code section
			 527.9. The administrators will
			 notify the applicant in writing whether the application is considered
			 complete.
(3)
Incomplete
			 applications.
If the application is found by the administrators to be
			 incomplete, the applicant will be notified within a reasonable period of that
			 fact and of the specific deficiencies. Anytime after 30 days following any such
			 notification, the application may be denied for lack of information, if
			 requested supplemental information is not timely submitted by the
			 applicant.
(4)
Final
			 notice.
Upon receiving a complete application, the administrators
			 shall approve or disapprove an application for operation of a central routing
			 unit within 60 days after the date of written notice to the applicant that the
			 application is determined to be complete. The administrators shall notify the
			 applicant in writing as to the decision to approve or disapprove.
This rule is intended to implement Iowa Code section
				527.9.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 24 - Electronic Transfer of Funds › Rule 189-24.6 - Customer Instruction in the Use of a Satellite Terminal

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code subsection 527.5(4)  prohibits employees of the establishing financial institution or affiliate from attending or operating a satellite terminal except on a temporary basis for the purpose of instructing customers in the proper use of the satellite terminal. For purposes of this rule, such temporary basis shall be defined to be no more than 30 calendar days from the date of initial operation of the satellite terminal. Satellite terminals located on the premises of the establishing financial institution are exempt from this restriction.
This rule is intended to implement Iowa Code subsection 527.5(4).
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 25 - Public Records and Fair Information Practices › Rule 189-25.3 - 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 "superintendent". In lieu of the words "(insert agency name and
			 address)", insert "Iowa Credit Union Division, 200 E. Grand, Suite 370, Des
			 Moines, Iowa 50309".
(2)
Office hours.
In lieu of the words "insert customary office
			 hours and, if agency does not have customary office hours of at least thirty
			 hours per week, insert hours specified in Iowa Code section
			 22.4) ", insert "8 a.m. to 4:30
			 p.m. daily, excluding Saturdays, Sundays, and legal holidays".
(7)
Fees.
c.
Supervisory fee.
In lieu
			 of "(specify time period)", insert "one-half hour".
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 25 - Public Records and Fair Information Practices › Rule 189-25.9 - Disclosure 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 25.10(17A,22) or in any notice given 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 the head 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 under
			 Iowa Code section 2A.3.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 25 - Public Records and Fair Information Practices › Rule 189-25.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) "Routine use"
			 means the disclosure of a record without the consent of the subject or subjects
			 for a purpose which is compatible with the purpose for which the record was
			 collected. It includes disclosures required to be made by statute other than
			 the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may, upon request, of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order.
c. Disclosure to
			 the department of inspections and appeals 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.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 25 - Public Records and Fair Information Practices › Rule 189-25.11 - 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 189-25.7 (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 189 - Credit Union Division › Chapter 25 - Public Records and Fair Information Practices › Rule 189-25.12 - 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 25.6(17A,22). However, the agency
			 need not release the following records to the subject:
a. The identity of a person providing
			 information to the agency need not be disclosed directly or indirectly to the
			 subject of the information when the information is authorized to be held
			 confidential pursuant to Iowa Code subsection
			 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 subsection 22.7(5)
			 )
d. As otherwise authorized by
			 law.
Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 25 - Public Records and Fair Information Practices › Rule 189-25.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally identifiable information that is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 189-25.1 (17A,22). The credit union division does not currently have a data processing system which matches, collates, or permits the comparison of personally identifiable information in another record system. The record systems maintained by the agency which may contain personally identifiable information are the files of current and former agency employees. This information is collected pursuant to Iowa Code section 533.106.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 1 - Organization › Rule 191-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For rules of the insurance division, the following
				  definitions apply:
"Commissioner"
means the commissioner of
				  insurance or the commissioner's designee.
"Division"
means the Iowa insurance
				  division.
"Division's website"
means the information
				  and related content found at
iid.iowa.gov
.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 1 - Organization › Rule 191-1.4 - Contact Information and Business Hours

Current through Register Vol. 47, No. 3, July 24, 2024
The division's office and mailing address is 1963 Bell
				  Avenue, Suite 100, Des Moines, Iowa 50315. The general telephone number for the
				  division is 515.654.6600 or
				  1.877.955.1212. The division's
				  facsimile number is 515.654.6500. The division's
				  website address is
iid.iowa.gov
. The division's hours
				  are 8 a.m. to 4:30 p.m. Monday through Friday, excluding legal
				  holidays.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 1 - Organization › Rule 191-1.5 - Information, Forms, and Requests

Current through Register Vol. 47, No. 3, July 24, 2024
Information, applications, and forms may be obtained from the
				  division's website, in person at the division's offices, or by telephone using
				  the division's general telephone number. Specific instructions, forms and
				  guidance may be provided in administrative rules or on the division's website.
				  Submissions and requests can be submitted through the division's website, in
				  person, or by telephone.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 1 - Organization › Rule 191-1.6 - Organization

Current through Register Vol. 47, No. 3, July 24, 2024
The division is headed by the commissioner, who is assisted
				  by a first deputy commissioner, a second deputy commissioner, a deputy
				  commissioner for supervision, and other deputy commissioners and assistant
				  commissioners. The functions of the division are divided into eight
				  bureaus.
(1)
Administrative
				bureau.
The administrative bureau provides staff support to the
				commissioner and the division and is responsible for budget, personnel,
				procurement, communication, legislative, and other services.
(2)
Company regulation
				bureau.
The company regulation bureau is responsible for the
				following:
a. Regulating domestic and foreign
				insurance companies licensed in Iowa, through licensure, analysis and financial
				and market examinations.
b.
				Examining the financial condition of domestic insurance companies not less than
				once every five years. Foreign companies are examined as deemed appropriate.
				The bureau ensures compliance with National Association of Insurance
				Commissioners accreditation mandates and with financial examination and
				analysis standards.
c. Serving as a
				general insurance information repository and resource for both insurers and
				consumers and publishing the division's annual report to the governor, required
				by Iowa Code section 505.12.
d. Reviewing and approving filed company
				transactions, including but not limited to approval of acquisitions and mergers
				of domestic insurers, intercompany contractual agreements and assumption
				reinsurance agreements.
e.
				Authorizing and overseeing individual and group workers' compensation
				self-insurance.
f. Authorizing,
				examining and analyzing benevolent associations and fraternal benefit
				societies.
g. Authorizing and
				reviewing multiple employer welfare arrangements.
h. Registering and verifying compliance for
				risk retention groups.
i.
				Supervising the rehabilitation and liquidation of insurance
				companies.
j. Auditing and
				monitoring premium tax remittances for admitted companies and supervising
				statutory deposits.
k. Reviewing
				and approving admission applications for foreign surplus lines insurers, as
				well as conducting premium tax audits associated with the nonadmitted insurance
				industry.
l. Implementing and
				maintaining the division's information technology resources.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 1 - Organization › Rule 191-1.7 - Service of Process

Current through Register Vol. 47, No. 3, July 24, 2024
Certain individuals and entities under the jurisdiction of
				  the commissioner are required by law to consent to having the commissioner
				  serve as agent for the individual or entity for the purpose of receiving
				  service of process.
(1)
Request for service.
A party to a proceeding who requests that
				the commissioner accept service of process as allowed by law must submit to the
				division, at the address stated in rule 191-1.4(502,505), all of the following:
a. For each individual or entity to be
				served, one original and one copy of the documents to be served by the
				division.
b. A cover letter
				indicating the name of each individual or entity to be served by the
				division.
c. A check for service
				fees, made payable to Iowa Insurance Division, for $50 for each individual or
				entity to be served, unless another amount is required by law.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.1 - 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 division
				  determinations with respect to the handling of confidential records and the
				  implementation of the fair information practices Act. This division is
				  committed to the policies set forth in Iowa Code chapter 22. The division's
				  website provides access to all public records. Division staff will cooperate
				  with members of the public in implementing the provisions of that
				  chapter.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in Iowa Code section
				  22.1 are incorporated into this
				  chapter by this reference. In addition to the definitions in rule
				  191-1.1 (502,505), the following
				  definitions apply:
"Confidential record"
means a record that is
				  not available as a matter of right for inspection and copying by members of the
				  public under applicable provisions of law. Confidential records may be
				  specified as confidential by Iowa Code section
				  22.7 or other provisions of law
				  but may be disclosed upon order of a court, the lawful custodian of the record,
				  or by another person duly authorized to release the record. Mere inclusion in a
				  record of information declared confidential by an applicable provision of law
				  does not necessarily make that entire record a confidential record.
"Division"
means the insurance division of
				  the department of insurance and financial services created by Iowa Code section
				  505.1. The division is both the
				  "government body" and the "lawful custodian" as defined in Iowa Code sections
				  22.1(1)  and
				  22.1(2),
				  respectively. The division is also the "agency" as defined in Iowa Code chapter
				  17A and referenced in Iowa Code chapter 22. For purposes of this chapter,
				  "division" includes both the commissioner of insurance and the administrator as
				  defined in Iowa Code chapters 502 and 505.
"File," "filed,"
or
"filing,"
when used as a verb, means submitting or having
				  submitted to the division a record or information. "File" or "filing," when
				  used as a noun, means a record or information.
"Inspect"
or
"inspection"
means the same as "examine" or "examination" in Iowa Code chapter 22. The term
				  "examination" in this chapter does not mean the same as "examination" as used
				  in Iowa Code chapter 22.
"Lawful custodian,"
as used in Iowa Code
				  section 22.1(2), is the
				  division, the division's record officer, or an employee lawfully delegated
				  authority by the division to act for the division in implementing Iowa Code
				  chapter 22.
"Open record"
means a record other than a
				  confidential record.
"Personally identifiable information"
means
				  information about or pertaining to an individual in a record that identifies
				  the individual and that is contained in a record system.
"Record"
means all or part of a "public
				  record," as defined in Iowa Code section
				  22.1, that is owned by or in the
				  physical possession of the division.
"Record system"
means any group of records
				  under the control of the division from which a record may be retrieved by a
				  personal identifier.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.3 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Entities holding division records covered by this rule.
This
				rule applies to records belonging to, required by, or created by the division,
				as well as records held by third parties, including other state agencies, that
				do any of the following:
a. Perform division
				functions on behalf of the division;
b. Store records for the division;
c. Perform services for the division;
				or
d. Otherwise handle records that
				would be governed by this rule if they were in the possession of the
				division.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.4 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request
				for access.
Requests for access to open records not available on the
				division's website may be made in writing, by mail, by email, or online as
				instructed on the division's website. Requests must identify the particular
				records sought by name or description in order to facilitate the location of
				the record. Requests must include the name, address, email address if
				available, and telephone number of the person requesting the information. A
				person is not required to give a reason for requesting an open record. If the
				division has records in its possession that may be public records but that are
				copies of materials from another agency or public organization, the division
				may refer individuals to the originating agency or entity.
(2)
Response to requests.
a.
Access.
Access to an open
				record shall be provided promptly upon request unless the size or nature of the
				request makes prompt access infeasible. If the size or nature of the request
				for access to an open record requires time for compliance, the division must
				comply with the request as soon as feasible.
b.
Delay.
Access to an open
				record may be delayed for one of the purposes authorized by Iowa Code section
				22.8(4)  or
				22.10(4), for
				redaction by the division of confidential information, or for search and review
				of requested records. The division must promptly give written notice to the
				requester of the reason for any delay and an estimate of the length of that
				delay.
c.
Deny.
The division may deny access to the record by members of the public when
				warranted under Iowa Code chapter 22 or other applicable law or when the
				record's disclosure is prohibited by a court order.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.5 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedure.
The following provisions are in addition to those
				specified in rule 191-2.4 (17A,22) and are minimum
				requirements. A statute or another administrative rule may impose additional
				requirements for access to certain classes of confidential records. A
				confidential record may, due to its nature or the way it is compiled or stored,
				contain a mixture of confidential and nonconfidential information. The division
				shall not refuse to release the nonconfidential information simply because of
				the manner in which the record is compiled or stored.
a.
Form of request.
The
				division shall ensure that there is sufficient information to provide
				reasonable assurance that access to a confidential record may be granted.
				Therefore, the division may require the requester to:
(1) Submit the request in writing.
(2) Provide proof of identity and authority
				to secure access to the record.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.6 - Requests for Confidential Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
The division may treat a record as a confidential record and
				  withhold it from inspection or refuse to disclose that record to members of the
				  public only to the extent that the division is authorized by Iowa Code section
				  22.7, another applicable
				  provision of law, or a court order. All other information submitted to the
				  division shall be treated as if that person has no objection to its disclosure
				  to members of the public.
(1)
Request.
A person may request that all or a portion of a
				record be confidential. The request for confidential treatment must be
				submitted in writing to the division and:
a.
				Identify the information for which confidential treatment is sought.
b. Cite the legal and factual basis that
				justifies confidential treatment.
c. Identify the name, address, and telephone
				number of the person authorized to respond to any inquiry or action of the
				custodian concerning the request.
d. Specify the precise period of time for
				which the confidential treatment is requested should the request be only for a
				limited time period.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.7 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, the person who is the
				  subject of a record may have a written statement of additions, dissents or
				  objections entered into that record. The statement shall be filed with the
				  division. The statement must be dated and signed by the person who is the
				  subject of the record and include the person's current address and telephone
				  number. This rule does not authorize the person who is the subject of the
				  record to alter the original record or to expand the official record of any
				  division proceeding.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.8 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To the extent
				allowed by law, disclosure of confidential records may occur without the
				consent of the subject.
(2)
				Authority to release confidential records. The division may have discretion to
				disclose some confidential records that are exempt from disclosure under Iowa
				Code section 22.7 or other law. Any person
				may request permission to inspect these records withheld from inspection under
				a statute that authorizes limited or discretionary disclosure as provided in
				rule 191-2.6 (17A,22). If the
				division initially determines that it will release such records, the division
				may notify interested persons and withhold the records from inspection as
				provided in rules 191-2.6 (17A,22) and
				191-2.7 (17A,22).
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.9 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law,
				  the subject of a confidential record may consent to have a copy of the portion
				  of that record that concerns the subject disclosed to a third party. A request
				  for such a disclosure must be in writing, and the person to whom the record is
				  to be disclosed may be required to provide proof of identity. Appearance of
				  counsel before the division on behalf of a person who is the subject of a
				  confidential record is deemed to constitute consent for the division to
				  disclose records about that person to the person's attorney.
Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 191-2.11 - Personally Identifiable Information Collected by the Division

Current through Register Vol. 47, No. 3, July 24, 2024
The division collects and maintains open records, some of
				  which may contain personally identifiable information, and some of which may be
				  shared with other state or federal agencies or organizations or vendors. This
				  rule describes the nature and extent of personally identifiable information
				  that is collected, maintained, and retrieved by the division. Unless otherwise
				  stated, the authority for the collection of the record is provided by Iowa Code
				  chapter 502 or 505. Some personally identifiable information is protected by
				  Iowa Code sections 502.607(2)
"e"
and 505.8(9).
(1)
Nature and extent.
The following records may contain
				personally identifiable information:
a.
Confidential records.
Records listed as confidential records
				are described in rule 191-2.12(17A,22).
b.
Rulemaking records.
Rulemaking records may contain information about people who make written or
				oral comments about proposed rules.
c.
Contested case records.
Contested case records contain names and identifying numbers of people
				involved. Evidence and documents submitted as a result of a contested case are
				contained in contested case records.
d.
Licensing records.
Licensing records of individuals and entities regulated by the division contain
				names and identifying numbers of the regulated individual or individuals
				designated as responsible for the regulated entity.
e.
Complaint, inquiry, investigation,
				and examination records.
Complaint, inquiry, investigation, and
				examination records contain names and identifying numbers of the people who
				submit, are the subject of, or are otherwise involved in the complaint,
				inquiry, investigation or examination.
f.
Personnel files.
The
				division maintains files containing information about employees of the division
				and applicants for positions with the division.