reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.2 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the division for a
				declaratory order as to the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of the division, at the
				State Library, Ola Babcock Miller Building, 1112 E. Grand Avenue, Des Moines,
				Iowa 50319. A petition is deemed filed when it is received by the division. The
				division shall provide the petitioner with a file-stamped copy of the petition
				if the petitioner provides the division an extra copy for this purpose. The
				petition must be dated and signed by the petitioner or the petitioner's
				representative. It must also include the name, mailing address, and telephone
				number of the petitioner and petitioner's representative and a statement
				indicating the person to whom communications concerning the petition should be
				directed. The petition must be typewritten or legibly handwritten in ink and
				must substantially conform to the following form:
DIVISION OF LIBRARIES AND INFORMATION SERVICES
Petition by (Name of Petitioner) for a Declaratory Order on
				(Cite provisions of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by any
			 governmental entity.
7. The names
			 and addresses of other persons or a description of any class of persons known
			 by petitioner to be affected by or interested in the questions presented in the
			 petition.
8. Any request by
			 petitioner for a meeting provided for by rule 11.8(17A).
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.3 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the division shall give notice of the petition to all persons not served
				by the petitioner pursuant to whom notice is required by any provision of law.
				The division may also give notice to any other persons.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.4 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
			 qualify under any applicable provision of law as an intervenor and who file a
			 petition for intervention within 15 days of the filing of a petition for
			 declaratory order (after time for notice under rule 11.3(17A) and before 30-day
			 time for division action under rule 11.9(17A)) shall be allowed to intervene in
			 a proceeding for a declaratory order
(2) Any person who files a petition for
			 intervention at any time prior to the issuance of an order may be allowed to
			 intervene in a proceeding for a declaratory order at the discretion of the
			 division.
(3) A petition for
			 intervention shall be filed at the State Library, Ola Babcock Miller Building,
			 1112 E. Grand Avenue, Des Moines, Iowa 50319. Such a petition is deemed filed
			 when it is received by that office. The division will provide the petitioner
			 with a file-stamped copy of the petition for intervention if the petitioner
			 provides an extra copy for this purpose. The petition must be dated and signed
			 by the intervenor or the intervenor's representative. It must also include the
			 name, mailing address, and telephone number of the intervenor and intervenor's
			 representative, and a statement indicating the person to whom communications
			 should be directed. A petition for intervention must be typewritten or legibly
			 handwritten in ink and must substantially conform to the following form:
DIVISION OF LIBRARIES AND INFORMATION SERVICES
Petition by (Name of Original Petitioner) for a Declaratory
				Order on (Cite provisions of law involved)
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervenor's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervenor's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by any governmental entity.
5. The
			 names and addresses of any additional persons or a description of any
			 additional class of persons known by the intervenor to be affected by or
			 interested in the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.5 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The division may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.6 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the State Librarian, State Library, Ola Babcock
				Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa
				50319.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.7 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with a filing. The party filing a document
			 is responsible for service on all parties and other affected or interested
			 persons.
(2)
Filing-when
			 required.
All petitions for declaratory orders, petitions for
			 intervention, briefs, or other papers in a proceeding for a declaratory order
			 shall be filed with the State Librarian, State Library, Ola Babcock Miller
			 Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.8 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the division must schedule a brief
				and informal meeting between the original petitioner, all intervenors, and a
				member of the division to discuss the questions raised. The division may
				solicit comments from any person on the questions raised. Also, comments on the
				questions raised may be submitted to the division by any
				person.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.9 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within the time allowed by Iowa Code section
				17A.9, after receipt of a
				petition for a declaratory order, the division shall take action on the
				petition as required by Iowa Code section
				17A.9.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.10 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 division shall not issue a declaratory order where prohibited by Iowa Code
			 section 17A.9 and may refuse to issue a
			 declaratory order on some or all questions raised for the following reasons:
1. The petition does not substantially comply
			 with the required form.
2. The
			 petition does not contain facts sufficient to demonstrate that the petitioner
			 will be aggrieved or adversely affected by the failure of the division to issue
			 an order
3. The division does not
			 have jurisdiction over the questions presented in the petition.
4. The questions presented by the petition
			 are also presented in a current rule making, contested case, or other agency or
			 judicial proceeding that may definitively resolve them.
5. The questions presented by the petition
			 would more properly be resolved in a different type of proceeding or by another
			 body with jurisdiction over the matter.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge an agency decision already
			 made.
9. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of the
			 petitioner
10. The petitioner
			 requests that the division determine whether a statute is unconstitutional on
			 its face.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.11 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its conclusion. A
				declaratory order is effective on the date of issuance.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 11 - Declaratory Orders › Rule 286-11.13 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the
				division, the petitioner, and any intervenors who consent to be bound and is
				applicable only in circumstances where the relevant facts and the law involved
				are indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on the
				division. The issuance of a declaratory order constitutes final agency action
				on the petition.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 12 - Petitions for Rule Making › Rule 286-12.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
A petition requesting the adoption, amendment, or repeal of a
				rule shall be filed with the division of libraries and information services, at
				the State Library, Ola Babcock Miller Building, 1112 E. Grand Avenue, Des
				Moines, Iowa 50319. A petition is deemed filed when it is received by the
				division. The division shall provide the petitioner with a file-stamped copy of
				the petition if the petitioner provides the division an extra copy for this
				purpose.
(1) The petition must be
			 typewritten or legibly handwritten in ink and must substantially conform to the
			 following form:
DIVISION OF LIBRARIES AND INFORMATION SERVICES
Petition by (Name of Petitioner) for the
				Adoption/Amendment/Repeal of (Cite rule involved).
}
PETITION FOR RULE MAKING
(2) The petition must provide the following
			 information:
1. A clear and concise statement
			 of all relevant facts on which the petition is based.
2. The precise citation to the present rule
			 if the petition is for the amendment or repeal of the same.
3. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, and any other
			 relevant law.
4. A summary of the
			 reasons for requesting the adoption, amendment or repeal of a rule.
5. Full disclosure of the petitioner's
			 interest in the outcome of the petition.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the issue(s)
			 raised by the petition and whether, to the petitioner's knowledge, that
			 issue(s) has been decided by, is pending determination by, or is under
			 investigation by, any other governmental entity.
7. The names and addresses of other persons,
			 or a description of any class of persons, known by petitioner to be affected
			 by, or interested in, the issue(s) presented in the petition.
Iowa Administrative Code › Agency 286 - Libraries and Information Services Division › Chapter 12 - Petitions for Rule Making › Rule 286-12.2 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				may be made to the State Librarian, State Library, Ola Babcock Miller Building,
				1112 E. Grand Avenue, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 1 - Organization › Rule 288-1.1 - Establishment of the Division of Public Broadcasting and the Iowa Public Broadcasting Board

Current through Register Vol. 47, No. 3, July 24, 2024
The public broadcasting division of the department of education
				and the public broadcasting board (hereinafter referred to as the board) were
				created by Iowa Code Supplement sections
				256.80 to
				256.90.
(1)
Mission.
The mission of
			 the board shall be to plan, establish, and operate educational radio,
			 television, and telecommunications facilities to provide public broadcasting
			 and educational narrowcast services to enrich the lives of the people of Iowa
			 and enhance educational opportunity throughout the state. The broadcast
			 operation shall adhere to the Principles of Editorial Integrity.
(2)
Board membership.
The
			 board shall be composed of nine members according to Iowa Code Supplement
			 section
			 256.82.
			 All appointments, except appointments to fill a vacancy, shall be for a term of
			 three years. Terms shall commence on July I of the year of appointment.
A vacancy shall be filled in the same manner as the original
				appointment for the remainder of the term.
(3)
Board meetings.
The
			 board shall hold regular meetings at least four times each year and shall hold
			 special meetings when called by the president or by the vice president in the
			 president's absence. Special meetings shall be called by the president upon
			 written request of any four members of the board. The time and place for
			 regular meetings shall be determined by the board as an agenda item. The time
			 and place for special meetings shall be determined by the president, or vice
			 president in the president's absence.
(4)
Advisory committees.
The
			 board shall appoint advisory committees as deemed appropriate, each of which
			 has no more than a simple majority of members of the same sex, among which
			 shall be an advisory committee on narrowcast operation and an advisory
			 committee on journalistic and editorial integrity. Duties of the advisory
			 committees shall be specified in rules of internal management adopted by the
			 board.
(5)
Rules of
			 order
Reserved.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 1 - Organization › Rule 288-1.2 - Operational Organization

Current through Register Vol. 47, No. 3, July 24, 2024
For operational efficiency, the board has organized the
				division into five bureaus each of which is administered by a chief.
(1)
Administration bureau.
The chief of administration has the following responsibilities:
a. Planning and execution of the division
			 budget and accounting functions;
b.
			 Coordination of administrative planning for the division;
c. Supervision of division purchases,
			 storage, and issuance of all equipment;
d. Administration of recruitment selection
			 and development of employees;
e.
			 Investigation of grievances and disciplinary situations;
f. Serving as agent for retirement funds,
			 group insurance and other employee benefits;
g. Assisting the administrator with division
			 policies and procedures.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 2 - Facilities Management › Rule 288-2.1 - Location

Current through Register Vol. 47, No. 3, July 24, 2024
The division of public broadcasting's Iowa public television
				center is located at 6450 Corporate Drive, Johnston, Iowa 50131,
				(515)242-3100.
(1)
Hours and
			 days of operation.
Public hours and days of operation are 8 a.m. to
			 4:30 p.m., Monday through Friday. To obtain information pertaining to Iowa
			 public television or its facility write to: Bureau Chief of Administration,
			 Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131.
(2)
Food and drink.
Consumption of food and beverages is prohibited except in specific areas
			 designated by the administrator of the division of public
			 broadcasting.
(3)
Facilities management.
a.
Facilities availability.
The auditorium and one conference
			 room are available for rent through the division. Details concerning room size,
			 rental rates for day and evening functions, and scheduling may be obtained by
			 contacting Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131,
			 (515)242-3100.
State agencies and governmental subdivisions of the state of
				Iowa may have rental fees waived for meetings of an official nature during
				regular business hours.
b.
Facilities contract.
A contract for use of any part of the
			 building must be executed prior to the event. This contract must identify, at a
			 minimum, the group using the facility, purpose of the use, person or group
			 legally responsible, estimated rental fee to be assessed, exact date and time
			 of the event. All contracts shall be initiated with the production manager and
			 approved by the administrator To obtain information regarding the rental fee,
			 contact the production manager at (515)242-3100.
c.
Use of alcoholic
			 beverages.
Wine and beer, as defined in Iowa Code sections
			 123.3(7)
			  and
			 123.3(10),
			 respectively, may be served at functions in the building. Alcoholic liquor,
			 however, is not permitted in the facility. Any and all liability resulting from
			 the serving of wine or beer rests with the group using the facility.
d.
Liability.
All
			 individuals and groups using the facility for any purpose shall agree in
			 writing to abide by the "hold harmless" clause specified in the facility
			 contract and, if applicable, the application to serve wine or beer
e.
Tours.
Tours of Iowa
			 public television are available. Prior scheduling is necessary for all tours.
			 Tours scheduled for nonbusiness hours require a fee to cover additional staff
			 and facilities costs incurred by the division. All inquiries and arrangements
			 for tours should be directed to Public Information, Iowa Public Television,
			 6450 Corporate Drive, Johnston, Iowa 50131, (515)242-3100.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Administrator"
means the administrator of the
				public broadcasting division of the department of education.
"Agency "
means the Iowa public broadcasting
				board.
"Custodian"
means the public broadcasting
				board, the public broadcasting division of the department of education, and
				Iowa public television.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
A request for access to a record should be
			 directed to the Administrator, Public Broadcasting Division, Iowa Public
			 Television, 6450 Corporate Drive, Johnston, Iowa 50131.
(2)
Office hours.
Open
			 records shall be made available during all customary office hours, which are 8
			 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays, and legal
			 holidays.
(7)
Fees.
c. In lieu of
			 "(specify time period)" insert "one-half hour".
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 3.10(22) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely as a statistical research or reporting record, provided that the record
			 is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if 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 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects, for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may, upon request of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. Transfers of information within the
			 agency, to other state agencies, or to local units of government as appropriate
			 to administer the program for which the information is collected.
e. Information released to staff of federal
			 and state entities for audit purposes or for purposes of determining whether
			 the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.11 - 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 3.7(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 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.12 - 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 3.6(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 are otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 the Iowa Code. (See Iowa Code section
			 22.7(5)
			 )
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Agency records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Sealed bids received
			 prior to the time set for public opening of bids. (Iowa Code section
			 72.3
			)
b. Tax records made available to
			 the agency. (Iowa Code sections
			 422.20
			 and
			 422.72
			)
c. Records which are exempt from
			 disclosure under Iowa Code section
			 22.7.
d. Minutes of closed meetings of a government
			 body. (Iowa Code section
			 21.5(4)
			 )
e. Identifying details in final orders,
			 decisions and opinions to the extent required to prevent a clearly unwarranted
			 invasion of personal privacy or trade secrets under Iowa Code section
			 I7A.3(1)
"d. "
f.
			 Those portions of agency staff manuals, instructions or other statements issued
			 which set forth criteria or guidelines to be used by agency staff in auditing,
			 in making inspections, in settling commercial disputes or negotiating
			 commercial arrangements, or in the selection or handling of cases, such as
			 operational tactics or allowable tolerances or criteria for the defense,
			 prosecution or settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
			 detection;
(2) Facilitate disregard
			 of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency. (See Iowa Code sections
			 I7A.2 and I7A.3)
g.
			 Records which constitute attorney work product, attorney-client communications,
			 or which are otherwise privileged. Attorney work product is confidential under
			 Iowa Code sections
			 22.7(4),
			 622.10
			 and
			 622.11, Iowa R.
			 Civ. R 122(c), Fed. R. Civ. R 26(b)(3), and case law. Attorney-client
			 communications are confidential under Iowa Code sections
			 622.10
			 and
			 622.11, the rules
			 of evidence, the Code of Professional Responsibility, and case law.
h. Any other records made confidential by
			 law.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information which is collected, maintained, and retrieved by the
				agency by personal identifier in record systems as defined in rule 3.1(17A,22).
				For each record system, this rule describes the legal authority for the
				collection of that information, the means of storage of that information and
				indicates whether a data processing system matches, collates, or permits the
				comparison of personally identifiable information in one record system with
				personally identifiable information in another record system. The record
				systems maintained by the agency are:
(1)
Litigation files.
These
			 files or records contain information regarding litigation or anticipated
			 litigation, which includes judicial and administrative proceedings. The records
			 include briefs, depositions, docket sheets, documents, correspondence,
			 attorney's notes, memoranda, research materials, witness information,
			 investigation materials, information compiled under the direction of the
			 attorney, and case management records. The files contain materials which are
			 confidential as attorney work product and attorney-client communications. Some
			 materials are confidential under other applicable provisions of law or because
			 of a court order Persons wishing copies of pleadings and other documents filed
			 in litigation should obtain these from the clerk of the appropriate court which
			 maintains the official copy.
(2)
Personnel files.
The agency maintains files containing
			 information about employees, families and dependents, and applicants for
			 positions with the agency. The files include payroll records, biographical
			 information, medical information relating to disability, performance reviews
			 and evaluations, disciplinary information, information required for tax
			 withholding, information concerning employee benefits, affirmative action
			 reports, and other information concerning the employer-employee relationship.
			 Some of this information is confidential under Iowa Code sections
			 22.7(11)
			  and
			 22.7(18).
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.15 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than record systems as defined in rule 3.1(17A,22). The records listed
				may contain information about individuals. Unless otherwise designated, the
				authority for this office to maintain the record is provided by Iowa Code
				chapter 13, the statutes governing the subject matter of the record, and the
				enabling statutes of the agency client, where applicable. All records are
				stored both on paper and in automated data processing systems unless otherwise
				noted.
(1)
Board
			 records.
Agendas, minutes, and materials presented to the Iowa public
			 broadcasting board are available from the administrator's office, except those
			 records concerning closed sessions which are exempt from disclosure under Iowa
			 Code section
			 21.5 or which are
			 otherwise confidential by law. Board records contain information about people
			 who participate in meetings. This information is collected pursuant to Iowa
			 Code section
			 21.3.
			 This information is not stored in an automated data processing
			 system.
(2)
Administrative
			 records.
This includes documents concerning budget, property
			 inventory, purchasing, yearly reports, office policies for employees, time
			 sheets, printing and supply requisitions. These records may contain
			 confidential information as discussed in rule 3.13(22).
(3)
Publications.
The office
			 receives a number of books, periodicals, newsletters, government documents, and
			 other materials. These materials would generally be open to the public but may
			 be protected by copyright law. Most publications of general interest are
			 available in the state law library.
(4)
Office publications.
This office issues a variety of materials including teacher's guides, schedule
			 books, brochures and pamphlets, press releases, statistical reports, etc. These
			 publications are open for public inspection, have no personally identifiable
			 information and may have a charge to obtain.
(5)
Rule-making records.
Official documents executed during the promulgation of agency rules and public
			 comments are available for public inspection.
(6)
Office manuals.
Information in office manuals such as the employee's manual or desk manuals may
			 be confidential under Iowa Code section I7A.2(I0)y" or other applicable
			 provision of law.
(7)
Other
			 records.
All other records that are not exempted from disclosure by
			 law.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.16 - Data Processing Systems

Current through Register Vol. 47, No. 3, July 24, 2024
The agency does not currently have a data processing system
				which matches, collates or permits the comparison of personally identifiable
				information in one record system with personally identifiable information in
				another record system.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 3 - Public Records and Fair Information Practices › Rule 288-3.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the regulations of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable regulations of the
			 agency.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 10 - Iowa Communications Network Educational Site Selection › Rule 288-10.1 - Site Selection Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
Site selection shall be made using the following
				criteria:
(1)
Equipment
			 facilities requirements.
The requirements for equipment facilities
			 include the following:
a. A minimum of 200
			 square feet is required for equipment facilities. A minimum clearance of three
			 feet on the front and back of relay equipment and the front of wall-moimted
			 equipment at the site shall be maintained at all times.
b. One wall shall be strong enough to support
			 a horizontally mounted 8 feet by 4 feet by y4-inch plywood board and 50 pounds
			 of equipment mounted on the board.
c. 120/240-volt noninterruptible electrical
			 service shall be provided from dedicated circuits with isolated grounding. At a
			 minimum, there shall be a one-circuit fourplex for the wall-mounted equipment
			 and a second one-circuit fourplex for general electrical needs of the site. The
			 service shall be installed in compliance with the currently adopted edition of
			 the National Electrical Code. Additional requirements may be necessary to
			 handle site-specific equipment.
d. A
			 minimum of 75 foot-candle average illumination is required at the floor of the
			 site.
e. Adequate heating and air
			 conditioning shall be provided to maintain ambient temperature between 50 and
			 80 degrees Fahrenheit, between 30 and 50 percent humidity, and have sufficient
			 ventilation to maintain a clean environment for the electronic equipment.
			 Additional requirements may be necessary to handle site-specific
			 equipment.
f. Protection is required
			 for the equipment to prevent accidental damage and damage from
			 vandalism.
g. An outdoor area is
			 required for a standby generator and an associated propane tank conveniently
			 located to provide emergency power for the site.
h. Convenient access to the site is required
			 for equipment installation, testing, maintenance, and repair The area shall be
			 secured from access by unauthorized individuals and 24-hour access guaranteed
			 for authorized personnel. A key to the building and room, if necessary, shall
			 be provided.
i. The items in this
			 subrule shall be provided at no expense to the state.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				all rules adopted by the agency are subject to the provisions of Iowa Code
				chapter 17A, the Iowa administrative procedure Act, and the provisions of this
				chapter
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the agency
				may, before publication of a Notice of Intended Action under Iowa Code section
				I7A.4(I)
"a, "
solicit comments from the public on a subject
				matter of possible rule making by the agency by causing notice to be published
				in the Iowa Administrative Bulletin of the subject matter and indicating where,
				when, and how persons may comment.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The agency shall maintain a current public
			 rule-making docket.
(2)
Anticipated rule making.
The rule-making docket shall list
			 each anticipated rule-making proceeding. A rule-making proceeding is deemed
			 "anticipated" from the time a draft of proposed rules is distributed for
			 internal discussion within the agency. For each anticipated rule-making
			 proceeding the docket shall contain a listing of the precise subject matter
			 which may be submitted for consideration by the board for subsequent proposal
			 under the provisions of Iowa Code section
			 17A.4(1)
"a, "
the name and address
			 of agency personnel with whom persons may communicate with respect to the
			 matter, and an indication of the present status within the agency of that
			 possible rule. The agency may also include in the docket other subjects upon
			 which public comment is desired.
(3)
Pending rule-making
			 proceedings.
The rule-making docket shall list each pending
			 rule-making proceeding. A rule-making proceeding is pending from the time it is
			 commenced, by publication in the Iowa Administrative Bulletin of a Notice of
			 Intended Action pursuant to Iowa Code section I7A.4(1)
"a, "
to
			 the time it is terminated, by publication of a Notice of Termination in the
			 Iowa Administrative Bulletin or the rule becoming effective. For each
			 rule-making proceeding, the docket shall indicate:
a. The subject matter of the proposed
			 rule;
b. A citation to all
			 published notices relating to the proceeding;
c. Where written submissions on the proposed
			 rule may be inspected;
d. The time
			 during which written submissions may be made;
e. The names of persons who have made written
			 requests for an opportunity to make oral presentations on the proposed rule,
			 where those requests may be inspected, and where and when oral presentations
			 may be made;
f. Whether a written
			 request for the issuance of a regulatory analysis, or a concise statement of
			 reasons, has been filed, whether such an analysis or statement or a fiscal
			 impact statement has been issued, and where any such written request, analysis,
			 or statement may be inspected;
g.
			 The current status of the proposed rule and any agency determinations with
			 respect thereto;
h. Any known
			 timetable for agency decisions or other action in the proceeding;
i. The date of the rule's adoption;
j. The date of the rule's filing, indexing,
			 and publication;
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35 days before the adoption of a rule the
			 agency shall cause Notice of Intended Action to be published in the Iowa
			 Administrative Bulletin. The Notice of Intended Action shall include:
a. A brief explanation of the purpose of the
			 proposed rule;
b. The specific
			 legal authority for the proposed rule;
c. Except to the extent impracticable, the
			 text of the proposed rule;
d.
			 Where, when, and how persons may present their views on the proposed rule;
			 and
e. Where, when, and how persons
			 may demand an oral proceeding on the proposed rule if the notice does not
			 already provide for one.
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the agency shall include in the
				notice a statement fully describing the specific subject matter of the omitted
				portion of the text of the proposed rule, the specific issues to be addressed
				by that omitted text of the proposed rule, and the range of possible choices
				being considered by the agency for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of
			 the Notice of Intended Action, persons may submit argument, data, and views, in
			 writing, on the proposed rule. Such written submissions should identify the
			 proposed rule to which they relate and should be submitted to the Executive
			 Director, Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131,
			 or the person designated in the Notice of Intended Action.
(2)
Oral proceedings.
The
			 agency may, at any time, schedule an oral proceeding on a proposed rule. The
			 agency shall schedule an oral proceeding on a proposed rule if, within 20 days
			 after the published Notice of Intended Action, a written request for an
			 opportunity to make oral presentations is submitted to the agency by the
			 administrative rules review committee, a governmental subdivision, an agency,
			 an association having not less than 25 members, or at least 25 persons. That
			 request must also contain the following additional information:
1. A request by one or more individual
			 persons must be signed by each of them and include the address and telephone
			 number of each of them.
2. A
			 request by an association must be signed by an officer or designee of the
			 association and must contain a statement that the association has at least 25
			 members and the address and telephone number of the person signing that
			 request.
3. A request by an agency
			 or governmental subdivision must be signed by an official having authority to
			 act on behalf of the entity and must contain the address and telephone number
			 of the person signing that request.
Iowa Administrative Code › Agency 288 - Public Broadcasting Division › Chapter 11 - Agency Procedure for Rule Making › Rule 288-11.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined in
			 1998 Iowa Acts, chapter 1202, section 10(7).
(2)
Mailing list.
Small
			 businesses or organizations of small businesses may be registered on the
			 agency's small business impact list by making a written application addressed
			 to Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131. The
			 application for registration shall state:
a.
			 The name of the small business or organization of small businesses;
b. Its address;
c. The name of a person authorized to
			 transact business for the applicant;
d
			 .A description of the applicant's business or organization. An
			 organization representing 25 or more persons who qualify as a small business
			 shall indicate that fact.
e. Whether
			 the registrant desires copies of Notices of Intended Action at cost, or desires
			 advance notice of the subject of all or some specific category of proposed rule
			 making affecting small business.
The agency may at any time request additional information from
				the applicant to determine whether the applicant is qualified as a small
				business or as an organization of 25 or more small businesses. The agency may
				periodically send a letter to each registered small business or organization of
				small businesses asking whether that business or organization wishes to remain
				on the registration list. The name of a small business or organization of small
				businesses will be removed from the list if a negative response is received, or
				if no response is received within 30 days after the letter is sent.