reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 40 - Corporations › Rule 721-40.8 - Online Filing Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The following requirements apply to the electronic filing of documents
											  and the certification of electronic documents. This rule applies to documents filed in conjunction with the
											  filing requirements in Iowa Code chapters 488, 489, 490, and 504.
(1) Registered agents who file documents electronically must provide an
										email address to the secretary of state.
a. If a registered agent does not
										have an email address, the agent shall provide the email address of another individual or entity designated
										to receive electronic correspondence on behalf of the registered agent.
b. The registered agent shall notify the secretary of state within 60 days
										that the email address provided in compliance with this rule has been changed or discontinued.
c. An email address disclosed in compliance with this rule shall not be
										viewed as a public record under Iowa Code chapter 22 and shall not be disclosed by the secretary of
										state.
d. The secretary of state may use email for official
										correspondence with an entity, except when law requires delivery by United States mail.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 40 - Corporations › Rule 721-40.9 - Online Filing Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The following requirements apply to the electronic filing of
				  documents and the certification of electronic documents. This rule applies to
				  documents filed in conjunction with the filing requirements in Iowa Code
				  chapters 488, 489, 490, and 504.
(1)
				Registered agents who file documents electronically must provide an e-mail
				address to the secretary of state.
a. If a
				registered agent does not have an e-mail address, the agent shall provide the
				e-mail address of another individual or entity designated to receive electronic
				correspondence on behalf of the registered agent.
b. The registered agent shall notify the
				secretary of state within 60 days that the e-mail address provided in
				compliance with this rule has been changed or discontinued.
c. An e-mail address disclosed in compliance
				with this rule shall not be viewed as a public record under Iowa Code chapter
				22 and shall not be disclosed by the secretary of state.
d. The secretary of state may use e-mail for
				official correspondence with an entity, except when law requires delivery by
				United States mail.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 42 - Athlete Agent Registration › Rule 721-42.2 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
Further information pertaining to the Registration of Athlete Agents Act
											  and all application forms may be obtained by contacting the Secretary of State, Business Services Division,
											  Lucas State Office Building, Des Moines, Iowa 50319, (515)281-5204 during regular office hours, 8 a.m. to
											  4:30 p.m. Monday through Friday except legal holidays.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 42 - Athlete Agent Registration › Rule 721-42.4 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
Further information pertaining to the Registration of Athlete
				  Agents Act and all application forms may be obtained by contacting the
				  Secretary of State, Corporations Division, Lucas State Office Building, Des
				  Moines, Iowa 50319, (515)281-5204 during regular office hours, 8 a.m. to 4:30
				  p.m. Monday through Friday except legal holidays.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.1 - Certificate of Notarial Acts

Current through Register Vol. 47, No. 3, July 24, 2024
A notarial act shall be evidenced by a certificate signed and dated by a
											  notarial officer, be executed contemporaneously with the performance of the notarial act for which the
											  certificate applies, and not be completed until the notarial act has been performed. The certificate shall
											  include all of the information required by Iowa Code section 9B. 15(1). A certificate of a notarial act is
											  sufficient if it meets the requirements set out in Iowa Code section 9B. 15(3). A certificate of a notarial
											  act performed under Iowa Code section 9B. 14A must also meet the requirements of Iowa Code section
											  9B.14A(4).
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.2 - Short Form Certificates

Current through Register Vol. 47, No. 3, July 24, 2024
Short form certificates of notarial acts may be used provided the
											  certificates comply with the provisions of Iowa Code sections 9B.15 and 9B.16. For purposes of this rule, a
											  "record" and an "instrument" have the same meaning and effect. A short form certificate of a notarial act
											  performed under Iowa Code section 9B.14A must meet the requirements of Iowa Code section
											  9B.14A(5).
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.3 - Jurisdiction

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of complying with the requirements of Iowa Code
				  sections
				  9B.15
				  and
				  9B.16,
				  the jurisdiction in which the notarial act is performed is determined by the
				  location of the notary public in this state at the time the notarial act is
				  performed.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.4 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
A notarial officer shall not perform a notarial act that
				  creates a conflict of interest as prohibited in Iowa Code section
				  9B.4(2).
				  For purposes of this rule, a direct financial benefit does not exist when the
				  notarial officer is compensated on an individual loan commission basis or as
				  provided in Iowa Code section
				  9B.26(2).
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.5 - Commission as Notary Public

Current through Register Vol. 47, No. 3, July 24, 2024
An individual applying to the secretary of state for a commission as a
											  notary public shall comply with the requirements and qualifications of Iowa Code section 9B.21.
(1)
Application.
The applicant shall complete and file
										with the secretary of state an Application for Appointment as Notary Public. The affirmation section on an
										Application for Appointment as Notary Public shall constitute an executed oath of office as required by Iowa
										Code section 9B.21(3). An individual who wishes to perform notarial acts for remotely located individuals
										shall also complete and file with the secretary of state an additional application containing information
										indicating that the applicant meets the additional training and technology requirements of Iowa Code section
										9B.14A and this chapter, as well as any additional information the secretary of state may require.
(2)
Reapproval.
A notary public's approval to perform
										notarial acts for remotely located individuals shall expire on the same date as the individual's notary
										public commission. Two months preceding the expiration of approval, the secretary of state shall notify the
										notary public of the expiration date and furnish an application for reapproval. The secretary of state may
										provide for combining its reappointment and reapproval forms.
(3)
Training.
a. A notary public who wishes to begin
										performing notarial acts under Iowa Code section 9B.14A shall, within the six-month period immediately
										preceding the first performance of such an act, satisfactorily complete a training course approved by the
										secretary of state concerning the requirements and methods for performing notarial acts for remotely located
										individuals and shall provide satisfactory proof to the secretary of state that the applicant has completed
										the course.
b. An applicant for reappointment as a notary public
										who currently holds a notary public commission, who wishes to continue performing notarial acts under Iowa
										Code section 9B.14A and who has satisfactorily completed the initial training course required by paragraph
										43.5(3)"a" at least one time prior to the 12-month period immediately preceding application for reappointment
										shall, within the 6-month period immediately preceding the deadline for application for reappointment,
										satisfactorily complete an update course approved by the secretary of state concerning the requirements and
										methods for performing notarial acts for remotely located individuals and shall provide satisfactory proof to
										the secretary of state that the applicant has completed the course.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.6 - Performance of Notarial Act on Electronic Record

Current through Register Vol. 47, No. 3, July 24, 2024
A notarized document is deemed to be in compliance with the
				  requirements for a notarial act on an electronic record under Iowa Code chapter
				  9B when either:
(1) The notary public
				attaches an electronic notarial certificate that meets the requirements set out
				in Iowa Code section
				9B.15(3);
				or
(2) The document is submitted
				and accepted on the electronic document management system (EDMS) administered
				by the Iowa judicial branch.
This rule is intended to implement Iowa Code section
				  9B.27.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.7 - Protection of Recording and Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
A notary public shall protect from unauthorized access the recording of a
											  notarial act pursuant to Iowa Code section 9B. 14A(3)
"c"
and any "personally identifiable
											  information" as defined in Iowa Code section 9B. 14C(1) disclosed during the performance of an electronic
											  notarial act using audiovisual communications, except as permitted pursuant to Iowa Code sections 9B.14C(2)
											   and 9B.14C(3).
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.8 - Notary Public Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
The secretary of state may impose any of the sanctions set
				  out in Iowa Code section
				  9B.23
				  including issuing a letter of reprimand as a condition on a commission as a
				  notary public.
(1)
Complaint.
A person alleging misconduct by a notary public
				shall complete and file a Statement of Complaint with the secretary of state.
				The secretary of state may also initiate investigations without the filing of a
				complaint if information is provided to the secretary of state that a notary
				public has allegedly engaged in conduct prohibited in Iowa Code section
				9B.23.
				A copy of the complaint or a notice of investigation shall be sent to the
				notary public.
(2)
Investigation.
The secretary of state shall conduct an
				investigation to determine if the conduct alleged occurred and if sanctions
				should be imposed. Upon completion of an investigation, the secretary of state
				shall dismiss the matter, issue a letter of reprimand as a condition on
				commission, or set the matter for hearing as a contested case proceeding. A
				dismissal or issuance of a letter of reprimand as a condition on commission is
				deemed final agency action for purposes of judicial review under Iowa Code
				section 17A.19.
(3)
Hearing.
If a hearing is set, it shall be conducted as a
				contested case proceeding in accordance with Iowa Code chapter 17A and
				721-Chapter 3. A final decision by the secretary of state is subject to
				judicial review as provided in Iowa Code section 17A.19.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.9 - Standards for Communication Technology and Identity Proofing for Notarial Acts Performed for Remotely Located Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A notary public may not
										perform a notarial act for a remotely located individual unless the technology identified by the notary
										public pursuant to Iowa Code section 9B.14A(7)  satisfies all of the following:
a. Has been approved by the secretary of state in accordance with this
										chapter.
b. Provides continuous, synchronous audiovisual
										feeds.
c. Provides sufficient video resolution and audio clarity
										to enable the notary public and remotely located individual to see and speak with each other simultaneously
										through live, real-time transmission.
d. Provides sufficient
										captured image resolution for identity proofing performed in accordance with Iowa Code section
										9B.14A(3).
e. Provides a means of authentication that reasonably
										ensures only authorized parties have access to the audiovisual record of the performed notarial
										act.
f. Provides for the recording of the electronic notarial act
										in compliance with this chapter and Iowa Code section 9B.14A in sufficient quality to ensure the verification
										of the electronic notarial act.
g. Ensures that any change to or
										tampering with an electronic record before or after the electronic notarial seal has been affixed and the
										electronic notarial act has been completed is evident.
h.
										Provides confirmation that the electronic record presented is the same electronic record notarized.
i. Provides ameans of electronically affixing the notary's official stamp
										to the notarized document.
j. Provides an electronic notary
										journal that complies with the provisions of this chapter to document the electronic notarial acts.
k. Provides security measures the secretary of state deems reasonable to
										prevent unauthorized access to all of the following:
(1) The live
										transmission of the audiovisual communication.
(2) A recording of
										the audiovisual communication.
(3) The verification methods and
										credentials used in the identity proofing procedure.
(4) The
										electronic records presented for online notarization.
(5) Any
										personally identifiable information used in the identity proofing or credential analysis.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.10 - Providers of Communication Technology

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Provider requirements
. A notary public authorized to
										perform notarial acts for remotely located individuals may only use a provider of communication technology
										for the audiovisual recording of electronic notarial acts subject to the provisions of this chapter and Iowa
										Code sections 9B.14A and 9B.14B if the provider:
a. Has registered with and
										been approved by the secretary of state in accordance with this chapter;
b. Allows the remote notary public sole control of the recording of the
										electronic notarial act using audiovisual communication, subject to the authorized access granted by the
										notary; and
c. Provides the notary with access to the recording
										of the electronic notarial act using audiovisual communication pursuant to this chapter.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 43 - Notarial Acts › Rule 721-43.11 - Registration of Provider of Communication Technology and Approval of Communication Technology

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration.
a. A provider of communication technology that wishes to apply for approval
										by the secretary of state for use of its technology by Iowa notaries public to perform notarial acts under
										Iowa Code section 9B.14A shall submit a registration electronically to the secretary of state, which shall
										include:
(1) Legal name of the provider of communication
										technology;
(2) How the business is organized;
(3) Mailing address of the provider of communication technology;
(4) Physical address of the provider of communication technology;
(5) Name and title of contact person at the provider of communication
										technology;
(6) Phone number of contact person named in
										subparagraph 43.11(1)
"a"(5);
(7) Name of
										communication technology provided;
(8) Description of the
										technology used to ensure compliance with the provisions of Iowa Code chapter 9B and this chapter;
(9) Name of the provider or providers of the knowledge-based
										authentication, credential analysis, and digital certificate services;
(10) Plan for the retention and storage of data including, but not limited
										to, records, journals, and recordings in the event the provider of communication technology no longer
										provides the technology for use by Iowa notaries public for any reason; and
(11) Declaration that the communication technology complies with all Iowa
										laws.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.2 - Creation of Mechanics' Notice and Lien Registry

Current through Register Vol. 47, No. 3, July 24, 2024
The administrator shall create and administer a mechanics' notice and
											  lien registry, hereafter known as the MNLR.
(1)
Access to
										MNLR by the general public.
The MNLR shall be accessible to the general public through the
										administrator's website at
www.sos.iowa.gov/mnlr
. A notice, lien
										or any other document posted is immediately accessible to the general public.
(2)
MNLR searchable by index.
The MNLR shall be searchable
										by the following indexes:
a. Owner name.
b. General contractor name.
c.
										MNLR number.
d. Property address.
e. Legal description.
f. Tax
										parcel identification number.
g. County.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.3 - Administrator Identification

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the promulgation of these rules, the administrator will
											  disseminate the administrator's location, mailing address, telephone and facsimile numbers, and the
											  administrator's website and other electronic addresses through usual and customary means.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.4 - Posting of Notice of Commencement of Work

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Posting by general contractor.
A general contractor
										for residential construction shall post a notice of commencement of work to the MNLR within ten days of
										commencement of work, or the general contractor is not entitled to a lien or remedies provided in Iowa Code
										chapter 572.
(2)
Information in notice of commencement of
										work.
The information provided shall, at a minimum, include:
a. The
										name and address of the owner.
b. The name, address, and
										telephone number of the general contractor or owner-builder.
c.
										The address of the property or a description of the location of the property if the property cannot be
										reasonably identified by an address.
d. The legal description of
										the property.
e. The date work commenced.
f. The tax parcel identification number.
g. The county or counties in which the building, land, or improvement to be
										charged with the lien is situated.
h. The email address of the
										person posting or submitting the notice of commencement of work or the email address of another individual or
										entity designated to receive electronic correspondence on behalf of this person.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.5 - Posting of Preliminary Notice

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Posting by subcontractor.
a. A subcontractor for
										residential construction who has provided or will provide labor or furnish material for residential
										construction shall post a preliminary notice to the MNLR, or the subcontractor is not entitled to a lien or
										remedies provided in Iowa Code chapter 572.
b. Prior to the
										posting of a preliminary notice, a notice of commencement of work must be posted on the MNLR. If the general
										contractor or owner-builder has not posted a notice of commencement of work on the MNLR within ten days of
										commencement of work on the property, then the subcontractor may post a notice of commencement of work on the
										MNLR prior to posting the preliminary notice. In order to post a notice of commencement of work on the MNLR,
										the subcontractor must comply with subrule 45.4(2).
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.6 - Posting of Mechanics' Lien

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Posting of mechanic's lien.
A person must post on the MNLR a verified statement of account
										of the demand due the person, after allowing all credits.
(2)
Contents of the statement of account.
The verified statement of account provided by the
										person shall include:
a. The date when such material was first furnished or
										labor first performed, and the date on which the last of the material was furnished or the last of the labor
										was performed.
b. The legal description of the property to be
										charged with the lien.
c. The name and last-known mailing address
										of the owner of the property.
d. The address of the property or a
										description of the location of the property if the property cannot be reasonably identified by an
										address.
e. The tax parcel identification
										number.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.7 - Forfeiture and Cancellation of Mechanics' Liens

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Demand for acknowledgment of
				satisfaction of claim.
a. When a
				mechanic's lien is satisfied by payment of the claim, the claimant may post
				acknowledgment of that satisfaction on the MNLR.
b. If the claimant fails to acknowledge
				satisfaction by posting, the owner, general contractor or owner-builder may
				personally serve the claimant with a written demand that the claimant post the
				acknowledgment of satisfaction on the MNLR. If the claimant fails to post the
				acknowledgment of satisfaction within 30 days of when the demand is served, the
				mechanic's lien is forfeited and canceled upon the posting of a copy of the
				demand and the posting of endorsed proofs of service.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.8 - Discharge of Mechanic's Lien by Submission of a Bond

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Submission or posting of a bond
. Any person may submit
										a bond to the administrator or post a bond to discharge a mechanic's lien. The submitter of the bond shall
										provide the MNLR number so that the administrator can determine to which lien to apply the bond.
(2)
Acceptance of a bond
. The administrator may accept a
										bond in twice the amount of the sum for which the claim for the lien is filed, with surety or sureties
										authorized to issue surety bonds in this state.
(3)
Affidavit for release of bond
. Upon satisfaction or forfeiture of a mechanics' lien, the
										owner may release a bond submitted to discharge the lien pursuant to Iowa Code section 572.15 by submitting
										to the administrator an affidavit for release of bond.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.9 - Action Against General Contractor or Owner-builder to Recover Amount Due

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Giving of a bond.
The
				general contractor or owner-builder may post or submit a surety bond to the
				administrator for purposes of preventing exemplary damages under Iowa Code
				section
				572.30.
				The bond shall be in an amount not less than the amount necessary to satisfy
				the nonpayment for which the notice has been given, and in a form set forth by
				Iowa Code section
				572.30.
(2)
Acceptance of a bond.
The administrator shall accept a bond in an amount and form set forth by Iowa
				Code section
				572.30.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.10 - Delay by Administrator

Current through Register Vol. 47, No. 3, July 24, 2024
Delay by the administrator beyond a time limit prescribed in
				  these rules is excused if:
1. The
				delay is caused by interruption of communication or computer facilities, war,
				emergency conditions, failure of equipment, or other circumstances beyond the
				control of the administrator.
2.
				The administrator exercises reasonable diligence under these
				circumstances.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.11 - Nondisclosure of Mnlr Information

Current through Register Vol. 47, No. 3, July 24, 2024
The following information, provided in compliance with this chapter,
											  shall not be viewed as a public record under Iowa Code chapter 22 and shall not be disclosed by the
											  administrator:
1. An email address.
2. MNLR user account or payment information.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.12 - Obligation to Update Information

Current through Register Vol. 47, No. 3, July 24, 2024
The administrator may use email for official correspondence with a
											  registered user, except when law requires delivery by U.S. mail. If the registered user wants to receive
											  timely notice by the administrator, it is the obligation of the registered user to update the user's contact
											  information on the MNLR.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.13 - Fees and Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fee for posting
										and mailing
. The following fees shall be charged for posting on the MNLR and for the mailing of
										notices:
a. The fee for posting a notice of commencement of work using the
										website is $7. The fee for posting a notice of commencement of work by submitting the notice to the
										administrator by U.S. mail, facsimile, personal delivery, or courier delivery is $10.
b. The fee for posting a preliminary notice on the MNLR using the website
										is $7. The fee for posting a preliminary notice by submitting the notice to the administrator by U.S. mail,
										facsimile, personal delivery, or courier delivery is $10.
c. The
										fee for posting a mechanics' lien using the website is $30. The fee for posting a mechanics' lien by
										submitting the lien to the administrator by U.S. mail is $40.
d.
										The fee for mailing a copy of the demand for acknowledgment is $5 per party's mailing address.
e. The fee for mailing a copy of the demand to commence action is $5 per
										party's mailing address.
f. The fee for posting a correction
										statement is $5 to mail a new owner notice.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.14 - Grounds for Refusal of a Posting or Submission

Current through Register Vol. 47, No. 3, July 24, 2024
A posting or submission may be refused by the administrator on the
											  following grounds:
1. A posting or submission does not provide
										complete information as required under subrule 45.4(2) for a notice of commencement of work, subrule 45.5(2)
										for a preliminary notice, subrules 45.6(2) and 45.6(5) for a mechanic's lien, or subrules 45.6(2), 45.6(5)
										and 45.6(6) for a mechanic's lien for a commercial property;
2. A
										submission does not include an MNLR number, except for a submission for which the form provided by the
										administrator does not require an MNLR number;
3. The required
										fee is not paid for a submission or posting or the fee paid for the submission or posting is
										insufficient;
4. A submission is not on a form provided by the
										administrator for the purpose of performing the requested posting; or
5. A submission is not legible, as determined by the administrator.
Additional grounds for the administrator's refusal to accept an MNLR
											  document for posting may be established by policy. The policy shall be noticed to the public by the posting
											  of the policy on the MNLR website.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.15 - Posting of a Filing Office Statement, Correction Statement, or Withdrawal Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing office statement.
The
										administrator may post a filing office statement to correct information that was incorrectly transcribed from
										a paper submission.
(2)
Correction statement.
A
										correction statement for a commencement of work or a preliminary notice is an electronic posting by a
										registered MNLR user. A correction statement does not allow for a change in the county or counties where the
										building, land or improvement to be charged with the lien is situated; in the date of the commencement of
										work; or in the date that material was first furnished or labor was first performed by the
										subcontractor.
(3)
Withdrawal statement.
a. A withdrawal statement of an original posting of a notice or lien shall
										be made by the general contractor, owner-builder, or subcontractor, or party authorized on behalf of the
										original party, who originally posted the record on the MNLR. The MNLR number is required at the time the
										withdrawal statement is posted to identify the posting to be withdrawn.
b. A withdrawal statement of an original posting of a notice, lien or other
										document may be made by the administrator as provided in subrule 45.13(5).
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.16 - Assignment of Date and Time Stamp and Mnlr Number

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Method and time of posting.
a. For a notice of commencement of work or preliminary notice, the posting
										shall be date- and time-stamped as follows:
(1) If posted electronically on
										the MNLR, the time of posting shall be upon posting of all required information and payment of the required
										fees.
(2) If the required information and fee are submitted by
										U.S. mail or facsimile transmission to the filing office, the administrator shall post to the MNLR within
										three business days of receipt.
(3) If the required information
										and fee are submitted by personal delivery or courier delivery to the filing office's street address, the
										administrator shall post to the MNLR within three business days of receipt.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.17 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
Submission of fictitious, forged, or false information to the
				  MNLR by a general contractor, owner-builder or subcontractor is a civil offense
				  punishable by a civil penalty of not more than $750 for each violation or, if
				  the infraction is a repeat offense, a civil penalty not to exceed $1,000 for
				  each repeat offense.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.18 - Preservation and Access by the Public

Current through Register Vol. 47, No. 3, July 24, 2024
This rule relates to the maintenance of archives and the
				  ability of those archives to be searched.
(1)
Paper documents.
Paper
				documents are scanned into the MNLR. The paper submission is returned to the
				submitter.
(2)
Archives-data retention.
a.
				The MNLR information management system is backed up to magnetic tape every
				business day.
b. Data in the MNLR
				information management system is retained for 15 years from the date of
				commencement of work.
c. Archival
				searches may be available through arrangements with the administrator in the
				administrator's sole discretion.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 1 - Organization and Purpose › Rule 741-1.1 - Iowa Sheep and Wool Promotion Board

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa sheep and wool promotion board consists of 11 members: 9 producers, one elected from each of the official crop reporting districts formed by the United States Department of Agriculture, and the dean of the College of Agriculture of Iowa State University of Science and Technology or the dean's representative and the Iowa secretary of agriculture or the secretary's designee, who shall serve as ex officio nonvoting members. The board engages in market development for sheep and wool, and conducts research and education programs directed toward better and more efficient production, marketing, and utilization of sheep and wool and their products. To these ends, it administers the assessment on sheep and wool imposed in Iowa Code chapter 182.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 1 - Organization and Purpose › Rule 741-1.2 - Officers

Current through Register Vol. 47, No. 3, July 24, 2024
The officers of the Iowa sheep and wool promotion board shall be as follows: chairperson, vice-chairperson, secretary, and treasurer. Each office shall be elected by a vote of the board. Terms of office shall commence July 1 of each year and end June 30 of the following year: provided, however, that an officer shall continue to serve until a successor is duly elected and qualified.
(1) The chairperson shall
			 set the date for meetings, preside at meetings, and sign documents approved by
			 the board.
(2) The vice-chairperson
			 shall act in the chairperson's place when the chairperson is unable to
			 act.
(3) The secretary shall
			 supervise the preparation of minutes of meetings and prepare the annual
			 report.
(4) The treasurer shall
			 supervise receipts to and disbursements from the board's account, and shall
			 supervise the financial records and financial reports of the board.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 1 - Organization and Purpose › Rule 741-1.3 - Executive Committee

Current through Register Vol. 47, No. 3, July 24, 2024
The officers stated above shall constitute the executive committee. The chairperson shall serve as chairperson of the executive committee. The executive committee shall:
(1) To the extent permitted by law, supervise
			 the general operation of the board.
(2) Prepare agendas for board
			 meetings.
(3) Act as the audit
			 committee by supervising the receipt and expenditure of funds.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 1 - Organization and Purpose › Rule 741-1.5 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa sheep and wool promotion board shall meet at those times designated by the chairperson, but in no event less frequently than once every three months. All meetings shall be held at locations as are determined by the chair.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 2 - Rules of Practice › Rule 741-2.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
All words and terms defined in Iowa Code section 182.1 employed in these rules are given the definitions found in that section.
This rule is intended to implement Iowa Code section 182.1.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 2 - Rules of Practice › Rule 741-2.2 - Public Information

Current through Register Vol. 47, No. 3, July 24, 2024
The public is invited to obtain information or make informal requests of the board by addressing these matters to the Iowa Sheep and Wool Promotion Board, Wallace State Office Building, Des Moines, Iowa 50319.
This rule is intended to implement Iowa Code section 17A.3.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 2 - Rules of Practice › Rule 741-2.3 - Informal Settlement of Controversies

Current through Register Vol. 47, No. 3, July 24, 2024
Every possible attempt will be made to handle all complaints and controversies, whether raised by the board, or by members of the public, in an informal manner.
(1) In cases of a
			 routine nature, the chairperson or assistants employed by the board shall
			 attempt to settle the matter. In cases indicating a need for interpretation of
			 board policy or legal interpretation, assistants employed by the board may
			 defer action until after consultation with the chairperson or with legal
			 counsel, or the chairperson may defer action until after consultation with
			 legal counsel, or either may defer action until after discussion of the subject
			 at a board meeting.
(2) In cases
			 not of a routine nature, or in cases in which the efforts of the assistants
			 employed by the board or chairperson are unsuccessful, the board itself shall
			 act to resolve the matter. In cases indicating a need for legal advice, the
			 board may defer action until after consultation with legal counsel.
This rule is intended to implement Iowa Code section
				17A.10.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 2 - Rules of Practice › Rule 741-2.4 - Declaratory Rulings

Current through Register Vol. 47, No. 3, July 24, 2024
On petition by an interested party who is aggrieved or adversely affected by the question contained in the petition, the board may issue a declaratory ruling with respect to the interpretation or applicability of any statutory provision, rule, or other written statement of the law or policy, decision, or order of the board.
(1) Petition shall be titled "PETITION FOR
			 DECLARATORY RULING" and shall include the name and address of all petitioners.
			 The body of the petition must state the precise factual situation involved, the
			 exact question to which an answer is desired, and the exact words, passages,
			 sentences, or paragraphs which are the subject of inquiry.
(2) The petition shall be filed by mailing it
			 to the board at Wallace State Office Building, Des Moines, Iowa
			 50319.
(3) The board will refuse to
			 issue a declaratory ruling if the petition does not state with enough
			 specificity the factual situation or the questions presented; if the issuance
			 of the ruling would not be in the best interest of the public; or for any other
			 reason it deems just and proper.
(4) The board shall issue a ruling or dismiss
			 the petition within 60 days following receipt of the requested information. If
			 the requested information is not provided within 30 days of receipt of the
			 request, the petitioner will be deemed to have withdrawn the petition.
This rule is intended to implement Iowa Code section
				17A.9.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 2 - Rules of Practice › Rule 741-2.5 - Petition for Adoption of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
An interested person may file with the board a written request that the board adopt, amend, or repeal a rule. The petition shall be addressed to the Iowa Sheep and Wool Promotion Board, Wallace State Office Building, Des Moines, Iowa 50319, and shall include:
(1) The names of those requesting the
			 change.
(2) The proposed rule or
			 present rule as it would read following the desired amendment.
(3) The reason for the proposed rule or
			 amendment.
(4)The statutory
			 authority for the proposed rule or amendment.
Within 60 days following receipt of the petition, the board
				shall either deny the petition in writing on the merits stating its reasons for
				denial or initiate rule-making proceedings.
This rule is intended to implement Iowa Code section
				17A.7.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 3 - Election of Members › Rule 741-3.1 - Nominations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Not later than
			 60 days prior to the end of each board member's term of office, the board shall
			 publish notice to the electorate within each district, the nominations of the
			 nominating committee of the Iowa sheep and wool promotion board, information on
			 nomination by petition, and the time and place of election.
(2) In addition to resident producers
			 nominated by the nominating committee, additional resident producer candidates
			 for membership on the Iowa sheep and wool promotion board may be nominated by
			 written petition of 25 producers residing in the district in
			 question.
(3) Nomination petitions
			 shall contain the following:
a. Nominee's full
			 name and address.
b. Statement
			 designating the crop reporting district for which this nomination is
			 made.
c. Statement of nominee's
			 status as a producer residing in the district in question.
d. Signatures of 25 producers residing in
			 that district.
e. Address of each
			 resident producer signing petition.
f. Statement that all signatories are
			 producers residing in the district.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 3 - Election of Members › Rule 741-3.2 - Election Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Notice
			 of an election shall be given as follows: One notice shall be published in a
			 newspaper of general circulation in the appropriate district. The second notice
			 shall be given in a manner determined to be reasonable by the board. Both
			 notices shall not be given less than five days prior to the election day and
			 shall contain information as to the time and place of voting and other
			 information the board deems necessary.
(2) The board shall have the authority to
			 determine the eligibility of all persons voting in the election.
(3) Each resident producer shall be permitted
			 to vote only for one resident producer nominee.
(4) All nominees for the board shall be
			 listed alphabetically on the ballot.
(5) All ballots shall be counted by the
			 election committee within seven days after the election day and certified to
			 the board.
(6) The election
			 committee shall consist of board members not up for reelection.
(7) The nominee receiving the largest number
			 of votes shall be the winner. In case of a tie, the tie will be broken by the
			 election committee by drawing lots.
This rule is intended to implement Iowa Code sections
				182.7 and
				182.9.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 4 - Assessment on Sheep and Wool Sales › Rule 741-4.1 - Rate of Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
The assessment on sheep and wool sales authorized by Iowa Code section 182.14, and established by referendum as specified in section 182.3, is established at the rate of two cents for each pound of wool produced and sold by a producer and ten cents per head on sheep sold for slaughter by a producer.
This rule is intended to implement Iowa Code section 182.14.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 4 - Assessment on Sheep and Wool Sales › Rule 741-4.2 - Sheep Transactions Assessed

Current through Register Vol. 47, No. 3, July 24, 2024
The assessment on sheep shall be imposed on all sheep sold for slaughter, regardless of market weight. Sales of sheep for feeding, breeding, and other nonslaughter purposes shall be exempt from assessment.
All sales of animals weighing 100 pounds or more shall be deemed as sold for slaughter and the assessment shall be imposed. If a group of animals is sold by group weight, all of the animals shall be deemed sold for slaughter if the total weight of the group divided by the number of animals in the group is 100 pounds or more.
This rule is intended to implement Iowa Code chapter 182.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 4 - Assessment on Sheep and Wool Sales › Rule 741-4.3 - Collection of Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
All persons required to pay the assessment under Iowa Code chapter 182 must remit to the board all assessments collected along with a transmittal form no later than 30 days following each calendar quarter during which the assessment is collected. Remittals shall be mailed to the board in care of Firstar Bank, P.O. Box 906, Des Moines, Iowa 50304.
(1) Transmittal forms are available at the
			 treasurer's office without charge and shall accompany assessments remitted to
			 the board.
(2) Reserved.
This rule is intended to implement Iowa Code section
				182.16.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 4 - Assessment on Sheep and Wool Sales › Rule 741-4.4 - Refunds

Current through Register Vol. 47, No. 3, July 24, 2024
Refunds shall be paid by the board to any person from whom the assessment is collected, upon timely written application to the board as prescribed in Iowa Code section 182.17.
(1) Refund application forms are available at
			 the board office without charge and shall be used to accompany any request for
			 refund of assessments remitted.
(2)
			 Reserved.
This rule is intended to implement Iowa Code section
				182.17.
Iowa Administrative Code › Agency 741 - Sheep and Wool Promotion Board, Iowa › Chapter 4 - Assessment on Sheep and Wool Sales › Rule 741-4.5 - Applicable Dates

Current through Register Vol. 47, No. 3, July 24, 2024
A document is deemed to be filed; an assessment is considered "remitted" within the meaning of Iowa Code section 182.16 and a refund application is considered "made" within the meaning of section 182.17:
1. If mailed, on the date it is postmarked by
			 the United States mail in an envelope addressed to the Iowa sheep and wool
			 promotion board at the board office.
2. If not mailed, on the date it is received
			 at the board's office.
This rule is intended to implement Iowa Code sections
				182.16 and
				182.17.