reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.80 - Reclamation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Schedule.
The operator, upon filing a mine report indicating
				the conclusion of all mining activities, will have a period of three years to
				complete all reclamation activities.
(2)
Requirements.
The
				operator shall grade all remaining affected lands, except stockpiles,
				processing areas, pit floors, and highwalls, to allowable slopes within six
				months following the filing of the final report. Stockpiles and processing
				areas shall be graded or the material exported from the site within one year
				following the final report.
(3)
Extension of time.
The operator shall be allowed a three-month
				extension of time on subrule 60.80(2) provided a written request is filed at
				least 30 days (or 20 working days) prior to the original deadline. Only one
				extension will be allowed the operator per release request.
(4)
Grading.
All lands
				affected by the mining process, with the exception of pit floors, highwalls and
				water impoundments, shall be graded to slopes having a maximum one-foot
				vertical rise for every four feet horizontal distance or graded to blend with
				the surrounding terrain.
(5)
Waste disposal.
In grading the site all mining-related waste
				products and machinery incompatible with the care and growth of vegetation
				shall be removed from the site and disposed of in a manner consistent and
				acceptable with state law. Materials acceptable for on-site disposal, such as
				concrete and clay products free of reinforcing shall be buried a minimum of
				three feet below final grade.
Boulders and stones incompatible with the proposed postmining
				  use of the site shall be buried or removed from the site.
(6)
Vegetation.
Seeding of
				an area with grasses and legumes shall be accomplished within three months
				following the conclusion of all earthwork, weather permitting. Erosion control
				methods shall be used where necessary to prevent rill and gully formation. The
				operator shall be responsible for attaining a ground cover of acceptable
				species of grass, legume, shrub, tree or crop.
The vegetation shall be allowed at least one growing season
				  to become established prior to the filing of a release request by the
				  operator.
If necessary, additional seedings shall be performed to
				  establish a viable vegetative cover.
(7)
Failure to comply.
Failure to adhere to the reclamation schedule may be grounds for an
				administrative order, revocation of the operator's license to mine, or
				initiation of bond forfeiture proceedings.
(8)
Variance.
The division
				may grant a variance from rule
				27-60.80 (208)
				provided the operator submits a complete application that meets the
				requirements of rule
				27-60.85
				(208). Examples of variances would include wetland areas, building sites, or
				use of overburden materials for protective berms and screens.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.85 - Criteria for Variance Application and Approval

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for variance.
				A
complete application for a variance must include:
a. Site name, registration number, and
				location by county, township, range, section and quarter section.
b. A copy of an aerial photograph or a
				topographic map of the site on an 8½- x 11-inch page, in a scale not
				less than 1 to 24,000 (2½
"
to the mile), showing the
				areas to be affected by the proposed encroachment.
c. A reclamation plan which will address the
				final grading and revegetation for the area in question and a statement as to
				the postmining land use.
d. Name,
				address, and telephone number for current owner or owners of property adjacent
				to the area for which the variance is being requested.
e. Estimated time period when the mineral
				extraction will occur.
f. A brief
				narrative stating why the variance is being sought and how adverse effects of
				mining will be mitigated.
g. Other
				information requested by the division as needed for clarification.
h. Additional bond, if determined to be
				necessary by the division.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.90 - Administrative Orders and Assessment of Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
The division may issue an administrative order directing an
				  operator to desist in an activity or practice which constitutes a violation of
				  these rules or to take corrective action to abate the violation.
(1)
Issuance of administrative
				order.
Any administrative order issued by the division shall be signed
				by the division administrator and shall include:
a. A description of the violation or
				violations being addressed, including a citation to each rule or provision
				being violated, a summary of the facts and legal requirements, and a general
				rationale for the prescribed penalty.
b. A description of corrective measures or
				actions required to abate the violation or violations.
c. A time period for commencing and
				completing corrective actions called for in the administrative order.
d. A proposed penalty assessment.
e. The time allowed for filing an appeal to
				contest the order.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.100 - Political Subdivisions Engaged in Mining

Current through Register Vol. 47, No. 3, July 24, 2024
Any political subdivision of the state of Iowa which engages
				  in or intends to engage in operating a mine as defined under rule
				  27-60.12 (208) shall
				  meet all requirements of this chapter except that the subdivision shall not be
				  required to pay the license fee under rule
				  27-60.20 (208) and shall
				  not be required to post bonds as required under rule
				  27-60.40 (208). An
				  official representative of the political subdivision shall complete a license
				  application form for informational purposes only.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 1 - General Provisions › Rule 61-1.1 - Position and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 head of the department of justice is the attorney general, an official elected
			 for a term of four years. The main office is located on the Second Floor,
			 Hoover State Office Building, Des Moines, Iowa 50319, telephone
			 (515)281-5164.
(2) The attorney
			 general provides legal counsel and direction to the state by participation in
			 cases before the courts where the state has an interest and by formulating
			 written opinions to state officers and county attorneys on questions of state
			 law of public importance.
The Iowa department of justice represents the state and its
				officers in litigation, issues formal opinions, provides legal advice to state
				officers and agencies, prosecutes certain criminal cases, enforces state
				regulatory and consumer laws, represents the state's position in all criminal
				and juvenile court appeals, provides training to criminal justice
				professionals, provides victim services, and appears on behalf of consumers in
				utility rate cases.
(3) At
			 the close of each biennium, the attorney general submits a report to the
			 governor setting forth the condition of the office, opinions rendered and other
			 business transacted which is of public interest or required by law.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 1 - General Provisions › Rule 61-1.2 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appointed officials.
The attorney general is assisted by
			 appointed officials who are responsible to the attorney general.
(2)
Assistants.
Four deputy
			 attorneys general and a director of administrative services assist the attorney
			 general in the management of the office. The executive deputy attorney general
			 coordinates the management of the department, serves as acting attorney general
			 in the attorney general's absence, coordinates the formal opinion writing
			 process in the office, advises the attorney general on public policy issues,
			 and performs such other duties as assigned by the attorney general. The deputy
			 attorney general for public protection supervises the public protection bureau.
			 The deputy attorney general for civil justice supervises the civil justice
			 bureau. The deputy attorney general for criminal justice supervises the
			 criminal justice bureau.
(3)
Administrative services division.
The administrative services
			 division is located on the Second Floor, Hoover State Office Building, Des
			 Moines, Iowa 50319, telephone (515)281-5164. The administrative services
			 division conducts the fiscal, personnel, automation, facilities, communications
			 and policy development activities of the office of the attorney general and
			 department of justice. The division director reports to the attorney general
			 and has the responsibility for carrying out the functions of the
			 division.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 1 - General Provisions › Rule 61-1.3 - Organization-bureaus Established

Current through Register Vol. 47, No. 3, July 24, 2024
The attorney general has established three bureaus to carry out
				the duties of the attorney general. In addition, the office of consumer
				advocate is a separate statutory office within the department under the
				supervision of the attorney general. The bureaus are each directed by a deputy
				attorney general. Each bureau consists of one or more divisions or other units.
				The name and a brief summary of matters handled by each bureau, together with
				its location and telephone number, are as follows:
(1)
Civil justice bureau.
The civil justice bureau is located on the Second Floor, Hoover State Office
			 Building, Des Moines, Iowa 50319, telephone (515)281-5164. The civil justice
			 bureau represents various state departments and agencies and coordinates the
			 department's amicus representation activities in the United States Supreme
			 Court and performs such other duties as may be assigned by the attorney
			 general. The civil justice bureau consists of the following divisions:
a.
Regents and human services
			 division.
This division is located in the Hoover State Office
			 Building, Des Moines, Iowa 50319, telephone (515)281-8330. The division defends
			 and prosecutes cases relating to welfare assistance programs, mental health,
			 day care, and juvenile court appeals and advises and represents the director
			 and the department of human services. The division also counsels and represents
			 the board of regents and regents institutions.
b.
Revenue division.
This
			 division is located in Executive Hills East, 1223 Court Avenue, Des Moines,
			 Iowa 50319, telephone (515)281-5846. It furnishes legal guidance and advice to
			 the department of revenue prepares opinions on revenue matters and represents
			 the director and department in litigation and in administrative
			 proceedings.
c.
Transportation division.
The location of this division is at the
			 Department of Transportation, General Counsel Division, 800 Lincoln Way, Ames,
			 Iowa 50010, telephone (515)239-1521. The division is responsible for eminent
			 domain litigation, counseling and advising the department of transportation and
			 its staff, construction claims and other contract litigation, tort claims
			 defense, administrative hearings and judicial review proceedings.
d.
Special litigation
			 division.
The special litigation division is located on the Second
			 Floor, Hoover State Office Building, Des Moines, Iowa 50319, telephone
			 (515)281-5881. The division is responsible for the investigation and defense of
			 tort claims against the state, cases arising from the institutions operated by
			 the department of corrections, advice to that department and such other special
			 litigation matters as assigned by the attorney general.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 1 - General Provisions › Rule 61-1.4 - Public Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Complaints, inquiries and requests for information may be referred in writing
			 or in person to the office of the attorney general or directly to the
			 appropriate division of the attorney general's office which handles the subject
			 matter at hand. Except in certain consumer areas, the office does not have the
			 authority to provide legal advice to the public but may provide information or
			 referral as appropriate.
(2) Formal
			 opinions of general interest and summaries of letter opinions are published
			 biennially. Only elected or appointed state officers, legislators, and county
			 attorneys may request the attorney general to issue an opinion. Copies of
			 opinions are available to the public. An index to all opinions is maintained in
			 the office; this index is divided according to subject matter and by
			 appropriate Iowa Code sections. Summaries of opinions are published monthly in
			 the Iowa Administrative Bulletin. Copies of unpublished opinions may be
			 obtained from the administrative assistant to the executive deputy attorney
			 general, telephone (515)281-5166.
(3) Docket entries pertaining to court cases
			 handled by attorneys assigned to the attorney general's office are indexed by
			 case title, maintained in each division and are available for public inspection
			 in the attorney general's office.
(4) Copies of the attorney general's biennium
			 reports to the governor are maintained by the attorney general's office and are
			 available for public inspection.
(5) Copies can be made by the public at cost
			 as determined and posted by the director of administrative services. The cost
			 of postage and of other services provided in connection with the request may be
			 charged as appropriate.
(6) The
			 executive deputy attorney general is delegated the responsibility for
			 implementing the requirements of Iowa Code chapter 22 concerning records in the
			 possession of the attorney general's office.
61-Chapter 2 also governs access to records of this
				office.
This rule is intended to implement Iowa Code chapter 13 and
				section
				22.3.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 1 - General Provisions › Rule 61-1.5 - Opinions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Written
			 opinions are provided upon request on questions of law submitted by the
			 legislature or by any state officer, elective or appointive. The questions must
			 be of a public nature and relate to the duties of the requesting officer.
			 Written opinions may also be issued to county attorneys when appropriate for
			 their supervision in matters pertaining to the duties of their offices. The
			 attorney general does not issue opinions to other persons.
(2) Opinion requests are to be addressed to
			 the attorney general and contain sufficient information to determine the
			 precise legal question presented. The request should also indicate if the
			 question is pending in litigation or before any agency of state, local, or
			 federal government, if the requester has a personal interest in the question,
			 and any other matter which would be relevant to resolution of the
			 request.
(3) The attorney general
			 may decline to issue an opinion where appropriate, as in the following
			 examples:
a. The matter is pending in
			 litigation or litigation is imminent, or other formal proceeding provided by
			 law for resolution of the issue and issuance of the opinion could interfere
			 with the authority of the other forum.
b. A conflict of interest exists on the part
			 of the attorney general or the requester.
c. The question calls for resolution of a
			 question of fact or policy rather than determination of a question of law, or
			 the legal question is dependent upon the facts of specific cases.
d. The request does not involve a concise
			 question of state law of general significance.
e. The question is likely to be rendered
			 moot, as in the case of pending legislation.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 1 - General Provisions › Rule 61-1.6 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Complaints to
			 the consumer protection division may be made by letter or by completion of a
			 Consumer Protection Complaint Form which asks for the name, address, and
			 telephone numbers of the complaining party and the person against whom the
			 complaint is brought, the product or service involved, date of purchase or
			 contract, and amount of purchase or contract. The form also asks the
			 complainant to describe any prior contacts with the company, to state whether
			 an attorney has been contacted, to state what relief is sought to resolve the
			 complaint, and to provide a summary of the complaint.
(2) Complaints to the farm division may be
			 made by letter or by completion of a Farm Division Complaint Form which asks
			 for the name, address, and telephone numbers of the complaining party and the
			 person against whom the complaint is brought, the product or service involved,
			 date of purchase or contract, and the amount of the purchase or contract. The
			 form also asks the complainant to describe any prior contacts with the company,
			 to state whether an attorney has been contacted, to state what relief is sought
			 to resolve the complaint and to provide a summary of the complaint.
The division also has forms which address specific types of
				complaints including feeder cattle, swine, herbicides and pesticides, and steel
				buildings.
(3) Copies of
			 the complaint forms may be obtained from the Consumer Protection Division or
			 the Farm Division of the Office of the Attorney General, Hoover State Office
			 Building, 1300 East Walnut, Des Moines, Iowa 50319, or by calling (515)281-5926
			 or 281-6634.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency "
means the
				attorney general.
"Confidential record"
means a record which is
				not available as a matter of right for examination and copying by members of
				the public under applicable provisions of law. Confidential records include
				records or information contained in records that the agency is prohibited by
				law from making available for examination by members of the public, and records
				or information contained in records that are specified as confidential by Iowa
				Code section
				22.7, or other
				provision of law, but that 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.
"Custodian "
means the attorney general, or a
				person lawfully delegated authority by the attorney general to act for the
				agency 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 which identifies
				the individual and which is contained in a record system.
"Record"
means the whole or a part of a
				"public record" as defined in Iowa Code section
				22.1.
"Record system "
means any group of records
				under the control of the agency from which a record may be retrieved by a
				personal identifier such as the name of an individual, number, symbol, or other
				unique retriever assigned to an individual.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter implements Iowa Code section
				22.11
				by establishing agency policies and procedures for the maintenance of records.
				The purpose of this chapter is to facilitate public access to open records. It
				also seeks to facilitate sound agency determinations with respect to the
				handling of confidential records and the implementation of the fair information
				practices Act. This agency is committed to the policies set forth in Iowa Code
				chapter 22; agency staff shall cooperate with members of the public in
				implementing the provisions of that chapter.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				22.7 or other
				applicable provisions of law, the lawful custodian may disclose certain
				confidential records to one or more members of the public. Other provisions of
				law authorize or require the custodian to release specified confidential
				records under certain circumstances or to particular persons. In requesting the
				custodian to permit the examination and copying of such a confidential record,
				the following procedures apply and are in addition to those specified for
				requests for access to records in rule 2.3(17A,22).
(1)
Proof of identity.
A
			 person requesting access to a confidential record may be required to provide
			 proof of identity or authority to secure access to the record.
(2)
Requests.
The custodian
			 may require that a request to examine and copy a confidential record be in
			 writing. A person requesting access to such a record may be required to sign a
			 certified statement or affidavit enumerating the specific reasons justifying
			 access to the confidential record and to provide any proof necessary to
			 establish relevant facts.
(3)
Notice to subject of record and opportunity to obtain
			 injunction.
After the custodian receives a request for access to a
			 confidential record, and before the custodian releases such a record, the
			 custodian may make reasonable efforts to notify promptly any person who is a
			 subject of that record, is identified in that record, and whose address or
			 telephone number is contained in that record. To the extent such a delay is
			 practicable and in the public interest, the custodian may give the subject of
			 such a confidential record to whom notification is transmitted a reasonable
			 opportunity to seek an injunction under Iowa Code section
			 22.8,
			 and indicate to the subject of the record the specific period of time during
			 which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
			 custodian denies a request for access to a confidential record, the custodian
			 shall promptly notify the requester. If the requester indicates to the
			 custodian that a written notification of the denial is desired, the custodian
			 shall promptly provide such a notification that is signed by the custodian and
			 that includes:
a. The name and title or
			 position of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
			 authority in the custodian to deny disclosure of the record and a brief
			 statement of the reasons for the denial to this requester.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.6 - 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, a person may file a
				request with the custodian to review, and to have a written statement of
				additions, dissents, or objections entered into, a record containing personally
				identifiable information pertaining to that person. However, this does not
				authorize a person who is a subject of such a record to alter the original copy
				of that record or to expand the official record of any agency proceeding.
				Requester shall send the request to review such a record or the written
				statement of additions, dissents, or objections to the custodian or to the
				attorney general. The request to review such a record or the written statement
				of such a record of additions, dissents or objections must be dated and signed
				by requester, and shall include the current address and telephone number of the
				requester or the requester's representative.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.7 - 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, a
				person who is the subject of a confidential record may have a copy of the
				portion of that record concerning the subject disclosed to a third party. A
				request for such a disclosure must be in writing and must identify the
				particular record or records that may be disclosed, and the particular person
				or class of persons to whom the record may be disclosed (and, where applicable,
				the time period during which the record may be disclosed). The person who is
				the subject of the record and, where applicable, the person to whom the record
				is to be disclosed, may be required to provide proof of identity. (Additional
				requirements may be necessary for special classes of records.) Appearance of
				counsel on behalf of a person who is the subject of a confidential record is
				deemed to constitute consent for the agency to disclose records about that
				person to the person's attorney.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall notify persons completing agency forms of the
				use that will be made of personal information, which persons outside the agency
				might routinely be provided this information, which parts of the requested
				information are required and which are optional, and the consequences of a
				failure to provide the information requested. This notice may be given in these
				rules, on the form used to collect the information, on a separate fact sheet or
				letter, in brochures, in formal agreements, in contracts, in handbooks, in
				manuals, verbally, or by other appropriate means. Notice need not be given in
				connection with discovery requests in litigation or administrative proceedings,
				subpoenas, investigations of possible violations of law, or similar demands for
				information.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records or exempt records may occur without the consent of the
			 subject. Following are instances where disclosure, if lawful, will generally
			 occur without notice to the subject:
a. For a
			 routine use as defined in rule 2.10(17A,22) or in any notice for a particular
			 record system.
b. To a recipient
			 who has provided the agency with advance written assurance that the record will
			 be used solely as a statistical research or reporting record; provided that the
			 record is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of the
			 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.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.10 - 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)
Examples.
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 or exempt
			 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 agency or officer which
			 this office is advising or representing in the matter in question or to the
			 department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. Transfers of information within the
			 agency, to other state agencies, or to local units of government as appropriate
			 to administer the program for which the information is collected.
e. Information released to staff of federal
			 and state entities for audit purposes or for purposes of determining whether
			 the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to agency disclosure of confidential records as provided in
			 rule 2.7(17A,22).
(2)
Complaints to public officials.
A letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may
			 to the extent permitted by law be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 subject of a confidential record may file a written request to review
			 confidential records about that person as provided in rule 2.6(17A,22).
			 However, the agency need not release the following records 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 section
			 22.7(18)
			  or other provision of law.
b. Records need not be disclosed to the
			 subject when they are the work product of an attorney or records otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 the Iowa Code. (See Iowa Code section
			 22.7(5).)
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
This chapter does not:
a. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier.
b. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
c. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the regulations of another agency.
d. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded
			 programs.
e. Make available records
			 compiled in reasonable anticipation of court litigation or formal
			 administrative proceedings. The availability of such records to the general
			 public or to any subject individual or party to such litigation or proceedings
			 shall be governed by applicable legal and constitutional principles, statutes,
			 rules of discovery, evidentiary privileges, the Code of Professional
			 Responsibility, and applicable regulations.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 5 - Quarterly Escrow Installments From Particular Nonparticipating Manufacturers › Rule 61-5.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
To promote compliance with Iowa Code chapter 453C and Iowa Code
				Supplement section
				453D.5(5),
				the attorney general may require nonparticipating manufacturers to make escrow
				payments required by Iowa Code section
				453C.2(2)
				 in quarterly installments during the year in
				which sales covered by such payments are made.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 5 - Quarterly Escrow Installments From Particular Nonparticipating Manufacturers › Rule 61-5.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Nonparticipating manufacturer"
has the same
				meaning in this rule as that cited in Iowa Code Supplement section
				453D.2(7).
"Participating manufacturer"
has the same
				meaning in this rule as that cited in Iowa Code Supplement section
				453D.2(8).
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 5 - Quarterly Escrow Installments From Particular Nonparticipating Manufacturers › Rule 61-5.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The attorney general may require quarterly payments from a
				nonparticipating manufacturer to which any of the following criteria
				apply:
(1)
No previous escrow
			 deposit.
The nonparticipating manufacturer has not previously
			 established and funded a qualified escrow fund in Iowa;
(2)
No escrow deposit for more than
			 one year.
The nonparticipating manufacturer has not made any escrow
			 deposits for more than one year;
(3)
Untimely or incomplete
			 deposits.
The nonparticipating manufacturer has failed to make a
			 timely and complete escrow deposit for any prior calendar year;
(4)
Outstanding judgments.
The nonparticipating manufacturer has failed to pay any judgment awarded to the
			 state, including any civil penalty;
(5)
Large sales volume.
The
			 nonparticipating manufacturer sells more than 1,630,000 sticks or 147,000
			 ounces of roll-your-own product during a quarter.
(6)
Other reasonable cause.
In addition to the criteria specified in subrules 5.3(1) to 5.3(5), the
			 attorney general may require quarterly payments from a nonparticipating
			 manufacturer if the attorney general has reasonable cause to believe that the
			 nonparticipating manufacturer may not make its full required escrow deposit at
			 the end of the sales year.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 5 - Quarterly Escrow Installments From Particular Nonparticipating Manufacturers › Rule 61-5.4 - Deadlines

Current through Register Vol. 47, No. 3, July 24, 2024
Nonparticipating manufacturers required to make quarterly
				payments must do so as follows:
(1)
			 Payments for sales occurring in the first quarter, January 1 through March 31,
			 are due April 30 of the same year. The attorney general's office must receive
			 official notification of the payments no later than May 10 of the same
			 year.
(2) Payments for sales
			 occurring in the second quarter, April 1 through June 30, are due July 31 of
			 the same year. The attorney general's office must receive official notification
			 of the payments no later than August 10 of the same year.
(3) Payments for sales occurring in the third
			 quarter, July 1 through September 30, are due October 31 of the same year. The
			 attorney general's office must receive official notification of the payments no
			 later than November 10 of the same year.
(4) Payments for sales occurring in the
			 fourth quarter, October 1 through December 31, are due January 31 of the next
			 year. The attorney general's office must receive official notification of the
			 payments no later than February 10 of the next year.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 5 - Quarterly Escrow Installments From Particular Nonparticipating Manufacturers › Rule 61-5.5 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
The nonparticipating manufacturer and its brands may be removed
				from the Iowa Directory of Certified Tobacco Manufacturers and Brands
				if:
1. Required quarterly escrow
			 payments are not timely made in full; or
2. The attorney general is not timely
			 notified that the quarterly escrow payments have been made in full.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 8 - Dna Profiling › Rule 61-8.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Convicted. "
The term includes both a
				person's present conviction and any prior conviction, whether occurring in Iowa
				or another jurisdiction.
"Listedoffense. "
A listed offense is any
				offense set out in these rules. It also includes similar offenses under prior
				laws of the state of Iowa or the laws of another jurisdiction.
"Responsible agency. "
The district court is
				the responsible agency under these rules in those cases in which a person is
				being considered for probation. The Iowa board of parole is the responsible
				agency under these rules in those cases in which a person is being considered
				for work release or parole. The department of corrections or the judicial
				district department of correctional services is the responsible agency under
				these rules in those cases in which a person is being committed to or
				discharges from the custody of the director of the department of corrections or
				the judicial district department of correctional services. The county sheriff
				is the responsible agency under these rules in those cases in which a person is
				being confined to the county jail. The responsible agency shall require the
				taking of a DNA sample.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 8 - Dna Profiling › Rule 61-8.2 - Persons Required to Submit Specimens

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A person who has been convicted at any
			 time of a listed offense shall, prior to being granted probation, parole, work
			 release or discharge, submit to DNA profiling under the provisions of Iowa Code
			 section
			 13.10.
(2) If the person has previously provided a
			 specimen, the responsible agency shall make a determination as to whether
			 another DNA specimen should be provided.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 8 - Dna Profiling › Rule 61-8.3 - Listed Offenses

Current through Register Vol. 47, No. 3, July 24, 2024
The following are listed offenses for the purpose of these
				rules:
1. Murder (Iowa Code section
			 707.2
			 or section
			 707.3
			).
2. Attempt to commit murder
			 (Iowa Code section
			 707.11
			).
3. Kidnapping (Iowa Code
			 sections
			 710.1,
			 710.2
			 and
			 710.3
			).
4. Sexual abuse (Iowa Code
			 sections
			 709.2,
			 709.3
			 and
			 709.4
			).
5. Assault with intent to commit
			 sexual abuse (Iowa Code section
			 709.11
			).
6. Assault while participating
			 in a felony (Iowa Code section
			 708.3
			).
7. Burglary in the first degree
			 (Iowa Code section
			 713.3
			).
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 8 - Dna Profiling › Rule 61-8.5 - Prescribed Sample Techniques

Current through Register Vol. 47, No. 3, July 24, 2024
The sample size, methods of drawing and preservation, labeling
				and shipping shall be as specified by the administrator of the division of
				criminal investigation criminalistics laboratory, department of public
				safety.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means crime victim assistance
				board.
"Department"
means Iowa department of justice.
"Director "
means director of the crime victim
				assistance division established in the department of justice.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.2 - Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A crime victim
			 assistance board is established pursuant to Iowa Code section 912.2A.
(2) Members of the board shall serve terms
			 for three years and are eligible for reappointment to the board by the attorney
			 general.
(3) The initial term of
			 the board members shall commence on July 1 of the state fiscal year.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.3 - Expenses

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Board members
			 shall be reimbursed from the victim's compensation fund for expenses actually
			 and necessarily incurred in the discharge of their duties including attendance
			 at board meetings, board committee meetings, and other activities on behalf of
			 the board as designated by the board chair and approved by the department.
			 Reimbursement for expenses shall conform with guidelines established by the
			 department of revenue.
(2) A member
			 of the board may receive, in addition to actual expense reimbursement, a per
			 diem which conforms with guidelines established by the department of
			 revenue.
(3) Expenses of the board
			 and individual members shall be submitted to the director.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.4 - Chair of the Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 attorney general shall select one of the members of the board to serve as chair
			 of the board. The chair shall serve at the pleasure of the attorney
			 general.
(2) A member who is chair
			 of the board and relinquishes or is removed as the chair may maintain board
			 membership for the remainder of the term for which the member was originally
			 appointed.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.5 - Resignations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Resignations
			 from the board shall be made to the attorney general.
(2) Whenever a member of the board ceases to
			 have the statutory qualifications for appointment to the board, that member
			 shall be considered to have resigned and a vacancy shall occur on the
			 board.
(3) A board member shall be
			 deemed to have submitted a resignation from the board if any of the following
			 events occur:
a. The member does not attend
			 three or more consecutive regular meetings of the board. This paragraph does
			 not apply unless the first and last of the consecutive meetings counted for
			 this purpose are at least 30 days apart.
b. The person attends less than one-half of
			 the regular meetings of the board within any period of 12 calendar months
			 beginning July 1. This paragraph applies only to such a period beginning on or
			 after the date when the person is appointed to the board.
c. If the member receives no notice and had
			 no knowledge of a regular meeting and gives the attorney general a sworn
			 statement to that effect within ten days after the person learns of the
			 meeting, such meeting shall not be counted for the purposes of this
			 rule.
d. The attorney general at
			 the attorney general's discretion may accept or reject such resignation. If the
			 attorney general accepts it, the attorney general shall notify the member, in
			 writing, that the resignation is accepted pursuant to this rule. The attorney
			 general shall then make another appointment to fill the vacancy.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.6 - Vacancies

Current through Register Vol. 47, No. 3, July 24, 2024
Barring unusual circumstances, vacancies on the board shall be
				filled within 45 days after the attorney general is advised of the vacancy.
				Vacancies shall be filled for the remainder of the vacant
				term.
Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.8 - Duties of Board

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall adopt rules pursuant to Iowa Code chapter 17A
				relating to the administration of the crime victim assistance division
				including the adoption of administrative rules relating to the
				following:
1. Administration of grants
			 received under the federal Victims of Crime Act of 1984 pursuant to Pub. L. No.
			 98-473, Title 2, Chapter 14, 42 U.S.C. Section 10601, as amended by the
			 Children's Justice and Assistance Act of 1986, Pub. L. No. 99-401, 100 Stat.
			 903 and as amended by the Anti-Drug Abuse Act of 1988, Title VII, subtitle D,
			 Pub. L. No. 100-690.
2.Administration of the Family Violence
			 Prevention and Services Act grant pursuant to the federal Child Abuse
			 Amendments of 1984, Pub. L. No. 98-457, 42 U.S.C. Section 10401, reauthorized
			 in 1988, Pub. L. No. 100-294.
3.Administration of the domestic abuse and
			 rape crisis funds and the Iowa domestic abuse hotline funds provided in Iowa
			 Code chapter 236.
4.Administration
			 of other grants or funds available by public law for victim assistance and
			 administered by the department.
5.Administration of the victim compensation
			 program provided in Iowa Code chapter 912.
6.Administration of sexual abuse examination
			 payments as provided in Iowa Code section
			 709.10.
7.Appeal procedures for victim compensation
			 claims denied by the department.
8.Appeal procedures for grants administered
			 by the department and denied by the board.