reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 5 - Petitions for Rule Making › Rule 497-5.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person or agency may file a petition for rule making with
				the board at Iowa Public Information Board, Wallace State Office Building, 502
				East 9th Street, Des Moines, Iowa 50319. Petitions may also be filed by fax at
				(515)725-1789 or by email at ipib(Sjiowa.gov. A petition is deemed filed when
				it is received by the board. The board must provide the petitioner with a
				file-stamped copy of the petition if the petitioner provides the board an extra
				copy for this purpose. The petition must be typewritten or legibly handwritten
				in ink and must substantially conform to the following form:
IOWA PUBLIC INFORMATION BOARD
Petition by (Name of Petitioner) for the (adoption,
						  amendment, or repeal) of rules relating to (state subject of matter).
PETITION FOR RULE MAKING
The petition must provide the following information:
1. A statement of the specific rule-making
			 action sought by the petitioner including the text or a summary of the contents
			 of the proposed rule or amendments to a rule and, if it is a petition to amend
			 or repeal a rule, a citation and the relevant language to the particular
			 portion or portions of the rule proposed to be amended or repealed.
2. A citation to any law deemed relevant to
			 the board's authority to take the action urged or to the desirability of that
			 action.
3. A brief summary of
			 petitioner's arguments in support of the action urged in the
			 petition.
4. A brief summary of the
			 data supporting the action urged in the petition.
5. 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 proposed action which is the subject of the
			 petition.
6. Any request by
			 petitioner for a meeting provided for by rule
			 497-5.4 (17A).
(1) The petition must be dated and signed by
			 the petitioner or the petitioner's representative. It must also include the
			 name, mailing address, email 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.
(2) The board may deny a petition because it
			 does not substantially conform to the required form.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 5 - Petitions for Rule Making › Rule 497-5.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of
				the action urged in the petition. The board may request a brief from the
				petitioner or from any other person concerning the substance of the
				petition.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 5 - Petitions for Rule Making › Rule 497-5.3 - 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 board at Iowa Public Information Board, Wallace State Office
				Building, 502 East 9th Street, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 5 - Petitions for Rule Making › Rule 497-5.4 - Board Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within 14 days after the filing of a petition, the board must submit a copy of
			 the petition and any accompanying brief to the administrative rules coordinator
			 and to the administrative rules review committee. Upon request by petitioner in
			 the petition, the board must schedule a brief and informal meeting between the
			 petitioner and the board, a member of the board, or a member of the staff of
			 the board, to discuss the petition. The board may request the petitioner to
			 submit additional information or argument concerning the petition. The board
			 may also solicit comments from any person on the substance of the petition.
			 Also, comments on the substance of the petition may be submitted to the board
			 by any person.
(2) Within 60 days
			 after the filing of the petition, or within any longer period agreed to by the
			 petitioner, the board must, in writing, deny the petition, and notify
			 petitioner of its action and the specific grounds for the denial, or grant the
			 petition and notify petitioner that it has instituted rule-making proceedings
			 on the subject of the petition. Petitioner shall be deemed notified of the
			 denial or grant of the petition on the date when the board mails or delivers
			 the required notification to petitioner.
(3) Denial of a petition because it does not
			 substantially conform to the required form does not preclude the filing of a
			 new petition on the same subject that seeks to eliminate the grounds for the
			 board's rejection of the petition.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.1 - 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 board 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 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.2 - 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 board
				may, before publication of a Notice of Intended Action under Iowa Code section
				17A.4(1)
"a,"
solicit comments from the public on a subject matter of
				possible rule making by the board 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 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The
			 board 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 board. 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 board personnel with whom
			 persons may communicate with respect to the matter, and an indication of the
			 present status within the board of that possible rule. The board 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
			 17A.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 board determinations with
			 respect thereto;
h. Any known
			 timetable for board 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;
k. The date on
			 which the rule will become effective; and
l. Where the rule-making record may be
			 inspected.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.4 - 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 board 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 board 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 board for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.5 - 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 Iowa Public
			 Information Board, Wallace State Office Building, 502 East 9th Street, Des
			 Moines, Iowa 50319, or the person designated in the Notice of Intended
			 Action.
(2)
Oral
			 proceedings.
The board may, at any time, schedule an oral proceeding
			 on a proposed rule. The board 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 board 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:
a. 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.
b. 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.
c.
			 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 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business. A
"small business" is defined in
			 Iowa Code section 17A.4A(8).
(2)
Mailing list.
Small businesses or organizations of small
			 businesses may be registered on the board's small business impact list by
			 making a written application addressed to Iowa Public Information Board,
			 Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319. 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; and
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 board 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 board 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.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed rule that mandates additional combined expenditures exceeding $100,000
			 by all affected political subdivisions or agencies and entities which contract
			 with political subdivisions to provide services must be accompanied by a fiscal
			 impact statement outlining the costs associated with the rule. A fiscal impact
			 statement must satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the board determines at the time it
			 adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the board shall, at the same time, issue a corrected fiscal
			 impact statement and publish the corrected fiscal impact statement in the Iowa
			 Administrative Bulletin.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 board shall not adopt a rule until the period for making written submissions
			 and oral presentations has expired. Within 180 days after the later of the
			 publication of the Notice of Intended Action, or the end of oral proceedings
			 thereon, the board shall adopt a rule pursuant to the rule-making proceeding or
			 terminate the proceeding by publication of a notice to that effect in the Iowa
			 Administrative Bulletin.
(2)
Consideration of public comment.
Before the adoption of a
			 rule, the board shall consider fully all of the written submissions and oral
			 submissions received in that rule-making proceeding or any memorandum
			 summarizing such oral submissions, and any regulatory analysis or fiscal impact
			 statement issued in that rule-making proceeding.
(3)
Reliance on board
			 expertise.
Except as otherwise provided by law, the board may use its
			 own experience, technical competence, specialized knowledge, and judgment in
			 the adoption of a rule.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board shall
			 not adopt a rule that differs from the rule proposed in the Notice of Intended
			 Action on which the rule is based unless:
a.
			 The differences are within the scope of the subject matter announced in the
			 Notice of Intended Action and are in character with the issues raised in that
			 notice; and
b. The differences are
			 a logical outgrowth of the contents of that Notice of Intended Action and the
			 comments submitted in response thereto; and
c. The Notice of Intended Action provided
			 fair warning that the outcome of that rule-making proceeding could be the rule
			 in question.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the board for good cause finds that public
			 notice and participation are unnecessary, impracticable, or contrary to the
			 public interest in the process of adopting a particular rule, the board may
			 adopt that rule without publishing advance Notice of Intended Action in the
			 Iowa Administrative Bulletin and without providing for written or oral public
			 submissions prior to its adoption. The board shall incorporate the required
			 finding and a brief statement of its supporting reasons in each rule adopted in
			 reliance upon this subrule.
(2)
Categories exempt.
The following narrowly tailored category of
			 rules is exempted from the usual public notice and participation requirements
			 because those requirements are unnecessary, impracticable, or contrary to the
			 public interest with respect to each and every member of the defined class:
			 rules whose precise content is mandated by either state or federal
			 law.
(3)
Public proceedings
			 on rules adopted without them.
The board may, at any time, commence a
			 standard rule-making proceeding for the adoption of a rule that is identical or
			 similar to a rule it adopts in reliance upon subrule 6.10(1). Upon written
			 petition by a governmental subdivision, the administrative rules review
			 committee, an agency, the administrative rules coordinator, an association
			 having not less than 25 members, or at least 25 persons, the board shall
			 commence a standard rule-making proceeding for any rule specified in the
			 petition that was adopted in reliance upon subrule 6.10(1). Such a petition
			 must be filed within one year of the publication of the specified rule in the
			 Iowa Administrative Bulletin as an adopted rule. The rule-making proceeding on
			 that rule must be commenced within 60 days of the receipt of such a petition.
			 After a standard rule-making proceeding commenced pursuant to this subrule, the
			 board may either readopt the rule it adopted without benefit of all usual
			 procedures on the basis of subrule 6.10(1), or may take any other lawful
			 action, including the amendment or repeal of the rule in question, with
			 whatever further proceedings are appropriate.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested
			 by a person, either prior to the adoption of a rule or within 30 days after its
			 publication in the Iowa Administrative Bulletin as an adopted rule, the board
			 shall issue a concise statement of reasons for the rule. Requests for such a
			 statement must be in writing and be delivered to Iowa Public Information Board,
			 Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319. The
			 request should indicate whether the statement is sought for all or only a
			 specified part of the rule. Requests will be considered made on the date
			 received.
(2)
Contents.
The concise statement of reasons shall contain:
a. The reasons for adopting the
			 rule;
b. An indication of any
			 change between the text of the proposed rule contained in the published Notice
			 of Intended Action and the text of the rule as finally adopted, with the
			 reasons for any such change;
c. The
			 principal reasons urged in the rule-making proceeding for and against the rule,
			 and the board's reasons for overruling the arguments made against the
			 rule.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule adopted by the board shall contain the
			 text of the rule and, in addition:
a. The date
			 the board adopted the rule;
b. A
			 brief explanation of the principal reasons for the rule-making action if such
			 reasons are required by Iowa Code section
			 17A.4(2)  or
			 the board in its discretion decides to include such reasons;
c. A reference to all rules repealed,
			 amended, or suspended by the rule;
d. A reference to the specific statutory or
			 other authority authorizing adoption of the rule;
e. Any findings required by any provision of
			 law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
			 reasons for the failure to provide for waivers to the rule if no waiver
			 provision is included and a brief explanation of any waiver or special
			 exceptions provided; and
g. The
			 effective date of the rule.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.13 - Agency Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The board
			 shall maintain an official rule-making record for each rule it proposes by
			 publication in the Iowa Administrative Bulletin of a Notice of Intended Action,
			 or adopts. The rule-making record and materials incorporated by reference must
			 be available for public inspection.
(2)
Contents.
The board
			 rule-making record shall contain:
a. Copies
			 of all publications in the Iowa Administrative Bulletin with respect to the
			 rule or the proceeding upon which the rule is based and any file-stamped copies
			 of board submissions to the administrative rules coordinator concerning that
			 rule or the proceeding upon which it is based;
b. Copies of any portions of the board's
			 public rule-making docket containing entries relating to the rule or the
			 proceeding upon which the rule is based;
c. All written petitions, requests, and
			 submissions received by the board, and all other written materials of a factual
			 nature as distinguished from opinion that are relevant to the merits of the
			 rule and that were created or compiled by the board and considered by the
			 board, in connection with the formulation, proposal, or adoption of the rule or
			 the proceeding upon which the rule is based, except to the extent the board is
			 authorized by law to keep them confidential; provided, however, that when any
			 such materials are deleted because they are authorized by law to be kept
			 confidential, the board shall identify in the record the particular materials
			 deleted and state the reasons for that deletion;
d. Any official transcript of oral
			 presentations made in the proceeding upon which the rule is based or, if not
			 transcribed, the stenographic record or electronic recording of those
			 presentations, and any memorandum prepared by a presiding officer summarizing
			 the contents of those presentations;
e. A copy of any regulatory analysis or
			 fiscal impact statement prepared for the proceeding upon which the rule is
			 based;
f. A copy of the rule and
			 any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
			 suspension of the rule;
h. A copy
			 of any objection to the issuance of that rule without public notice and
			 participation that was filed pursuant to Iowa Code section
			 17A.4(3)  by
			 the administrative rules review committee, the governor, or the attorney
			 general;
i. A copy of any objection
			 to the rule filed by the administrative rules review committee, the governor,
			 or the attorney general pursuant to Iowa Code section
			 17A.4(4), and
			 any board response to that objection;
j. A copy of any significant written
			 criticism of the rule, including a summary of any petitions for waiver of the
			 rule; and
k. A copy of any
			 executive order concerning the rule.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall file each rule it adopts in the office of the
				administrative rules coordinator. The filing must be executed as soon after
				adoption of the rule as is practicable. At the time of filing, each rule must
				have attached to it any fiscal impact statement and any concise statement of
				reasons that was issued with respect to that rule. If a fiscal impact statement
				or statement of reasons for that rule was not issued until a time subsequent to
				the filing of that rule, the note or statement must be attached to the filed
				rule within five working days after the note or statement is issued. In filing
				a rule, the board shall use the standard form prescribed by the administrative
				rules coordinator.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The board may
			 make a rule effective after its filing at any stated time prior to 35 days
			 after its indexing and publication in the Iowa Administrative Bulletin if it
			 finds that a statute so provides, the rule confers a benefit or removes a
			 restriction on some segment of the public, or that the effective date of the
			 rule is necessary to avoid imminent peril to the public health, safety, or
			 welfare. The board shall incorporate the required finding and a brief statement
			 of its supporting reasons in each rule adopted in reliance upon this
			 subrule.
(2)
Special
			 notice.
When the board makes a rule effective prior to its indexing
			 and publication in reliance upon the provisions of Iowa Code section
			 17A.5(2)
"b"
(3), the board shall employ all reasonable efforts to make
			 its contents known to the persons who may be affected by that rule prior to the
			 rule's indexing and publication. The term "all reasonable efforts" requires the
			 board to employ the most effective and prompt means of notice rationally
			 calculated to inform potentially affected parties of the effectiveness of the
			 rule that is justified and practical under the circumstances considering the
			 various alternatives available for this purpose, the comparative costs to the
			 board of utilizing each of those alternatives, and the harm suffered by
			 affected persons from any lack of notice concerning the contents of the rule
			 prior to its indexing and publication. The means that may be used for providing
			 notice of such rules prior to their indexing and publication include, but are
			 not limited to, any one or more of the following means: radio, newspaper,
			 television, signs, mail, telephone, personal notice or electronic means.
A rule made effective prior to its indexing and publication in
				reliance upon the provisions of Iowa Code section 17A.5(2)
"b
				"
(3) shall include in that rule a statement describing the reasonable
				efforts that will be used to comply with the requirements of subrule
				6.15(2).
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public
			 inspection.
The board shall maintain an official, current, and dated
			 compilation that is indexed by subject, containing all of its general
			 statements of policy within the scope of Iowa Code section
			 17A.2(11)
"a, " "c, " "f ," "g," "h, " "k. "
Each addition to, change
			 in, or deletion from the official compilation must also be dated, indexed, and
			 a record thereof kept. Except for those portions containing rules governed by
			 Iowa Code section 17A.2(11)
"f "
or otherwise authorized by law to be kept confidential,
			 the compilation must be made available for public inspection and
			 copying.
(2)
Enforcement of
			 requirements. A
general statement of policy subject to the
			 requirements of this subsection shall not be relied on by the board to the
			 detriment of any person who does not have actual, timely knowledge of the
			 contents of the statement until the requirements of subrule 6.16(1) are
			 satisfied. This provision is inapplicable to the extent necessary to avoid
			 imminent peril to the public health, safety, or welfare.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 6 - Agency Procedure for Rule Making › Rule 497-6.17 - Review by Agency of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 interested person, association, agency, or political subdivision may submit a
			 written request to the administrative rules coordinator requesting the board to
			 conduct a formal review of a specified rule. Upon approval of that request by
			 the administrative rules coordinator, the board shall conduct a formal review
			 of a specified rule to determine whether a new rule should be adopted instead
			 or the rule should be amended or repealed. The board may refuse to conduct a
			 review if it has conducted such a review of the specified rule within five
			 years prior to the filing of the written request.
(2) In conducting the formal review, the
			 board shall prepare within a reasonable time a written report summarizing its
			 findings, its supporting reasons, and any proposed course of action. The report
			 must include a concise statement of the board's findings regarding the rule's
			 effectiveness in achieving its objectives, including a summary of any available
			 supporting data. The report shall also concisely describe significant written
			 criticisms of the rule received during the previous five years, including a
			 summary of any petitions for waiver of the rule received by the board or
			 granted by the board. The report shall describe alternative solutions to
			 resolve the criticisms of the rule, the reasons any were rejected, and any
			 changes made in the rule in response to the criticisms as well as the reasons
			 for the changes. A copy of the board's report shall be sent to the
			 administrative rules review committee and the administrative rules coordinator.
			 The report must also be available for public inspection.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency "
means the Iowa public information
				board.
"Confidential records"
means records, as
				defined under Iowa Code section
				22.7 or any other provision of
				law, which are not disclosed to members of the public unless otherwise ordered
				by a court, by the lawful custodian of the records, or by another person duly
				authorized to release the records. This includes records which the board is
				prohibited by law from making available for inspection by members of the public
				and those exempt records which the board has lawfully determined not to
				disclose to members of the public.
"Open records "
means those records which are
				not authorized or required to be kept confidential under Iowa Code section
				22.7 or any other provision of
				law.
"Record"
means the whole or a part of a
				"public record" as defined in Iowa Code section
				22.1 that is owned by or is in
				the physical possession of the board.
"Record system "
means any group of records
				under the control of the board 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 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				access to open records. It also seeks to facilitate sound board determinations
				with respect to the handling of confidential records and the implementation of
				the fair information practices Act. The board is committed to the policies set
				forth in Iowa Code chapter 22, and board staff shall cooperate with members of
				the public in implementing the provisions of that chapter.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.4 - Procedures for Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
The following procedures for access to confidential records are
				in addition to those specified for all board records in rule
				497-7.3 (17A,22).
(1)
Proof of identity.
A
			 person requesting access to a confidential record shall be required to provide
			 proof of identity if access to the record is restricted to a particular person
			 or class of persons.
(2)
Requests.
A request to review a confidential board record
			 shall be in writing. A person requesting access to a confidential board record
			 may be required to sign a certified statement or affidavit enumerating the
			 specific grounds justifying access to the confidential record and to provide
			 any proof necessary to establish relevant facts. Such request may be referred
			 to the full board for consideration.
(3)
Request denied.
When the
			 custodian of a confidential board record or the board denies a request for
			 access to a confidential record, in whole or in part, the requester shall be
			 notified in writing. The denial shall be signed by the custodian of the
			 confidential record and shall include:
a. The
			 name and title or position of the person or persons responsible for the denial
			 and a brief citation to the statute or other provision of law that prohibits
			 disclosure of the record;
b. A
			 brief citation to the statute vesting discretion in the custodian to deny
			 disclosure of the record; and
c. A
			 brief statement of the grounds for the denial to this requester.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.6 - 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, the subject shall have the
				right to have a written statement of additions, dissents or objections entered
				into the record. The subject shall send the statement to the Executive
				Director, Iowa Public Information Board, Wallace State Office Building, 502
				East 9th Street, Des Moines, Iowa 50319. The statement shall be dated and
				signed by the subject and shall include the subject's current address and
				telephone number.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.7 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclose by a subject
			 individual.
To the extent allowed by law, the subject may consent in
			 writing to agency disclosure of confidential records.
(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.
(3)
Obtaining information from a third party.
The board is
			 required to obtain information to assist in making decisions regarding
			 classification, programming, security and administrative management. Requests
			 to third parties for this information may involve the release of confidential
			 information about individuals. Except as provided by law, the board may make
			 these requests only when the individual has authorized the release.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.8 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent allowed by law, the following uses are considered
				routine uses of all agency records:
(1) 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.
(2) 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.
(3) Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
(4) Transfers of information within the
			 agency, to other state agencies, or to units of local government as appropriate
			 to administer the program for which the information is collected.
(5) 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.
(6) Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.9 - 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 when disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 permitted by law and in the particular record system.
b. To a recipient who has provided the agency
			 with advance written assurance that the record will be used solely as a
			 statistical research or reporting record, provided that the record is
			 transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if the head of such government agency or
			 instrumentality has submitted a written request to the agency specifying the
			 record desired and the law enforcement activity for which the record is
			 sought.
d. To an individual
			 pursuant to a showing of compelling circumstances affecting the health or
			 safety of any individual if a notice of the disclosure is transmitted to the
			 last-known address of the subject.
e. To the legislative services agency under
			 Iowa Code section 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.10 - 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. However, the board 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).
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.
d. As otherwise
			 authorized by law.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.11 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Board records are open for public inspection and
			 copying unless otherwise prohibited by current rule or law.
(2)
Confidential records.
The following records may be kept confidential. Records are listed by category,
			 according to the legal basis for withholding them from public inspection.
a. Records obtained under subpoena or through
			 a board investigation that are confidential under Iowa Code section
			 22.7 or any another provision of
			 law;
b. Minutes of closed meetings
			 of a governmental body (Iowa Code section
			 21.5(4) 
			);
c. 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 17A.3(1)
"d";
d. 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 tolerance 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;
e. Records which constitute attorney work
			 product, or 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 Rule of Civil
			 Procedure 1.503(3), Federal Rule of Civil Procedure 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; or
f. Other records made confidential by
			 law.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.12 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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
			 this rule. For each record system, this rule:
a. Describes the legal authority for the
			 collection of that information and the means of storage of that information;
			 and
b. 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.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.13 - Other Groups of Records Available for Public Inspection-policies and Procedures (excluding security) , Meeting Minutes

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the board
				other than record systems as previously defined. These records are routinely
				available to the public. However, the board's file of these records may contain
				confidential information, as discussed in rule
				497-7.12 (17A,22). The following
				records are stored both as hard copy and in automated data processing systems
				unless otherwise noted.
(1)
Rule-making records.
Rule-making records may contain
			 information about individuals making written or oral comments on proposed
			 rules. This information is collected pursuant to Iowa Code section
			 17A.4.
(2)
Board meeting records.
Agendas, minutes and materials presented to the board are available from the
			 office of the executive director, except those records concerning closed
			 sessions which are exempt from disclosure under Iowa Code section
			 21.5(4)  or
			 which are otherwise confidential by law. Board meeting records contain
			 information about people who participate in meetings. The information is
			 collected pursuant to Iowa Code section
			 21.3. This information is not
			 retrieved by individual identifier.
(3)
Publications.
News
			 releases, annual reports, project reports, board newsletters, and related
			 documents are available from the board office. Board news releases, project
			 reports, and newsletters may contain information about individuals, including
			 board staff or members of the board. This information is not retrieved by
			 individual identifier.
(4)
Statistical reports.
Periodic reports of the board for various
			 board programs are available from the board office. Statistical reports do not
			 contain personally identifiable information.
(5)
Published materials.
The
			 board uses many legal and technical publications in its work. The public may
			 inspect these publications upon request. Some of these materials may be
			 protected by copyright law. These records are hard copy only.
(6)
Policy manuals.
The
			 board employees' manual, containing procedures describing the board's
			 regulations and practices, is available. Subscriptions to all or part of the
			 employees' manual are available at the cost of production and handling.
			 Requests for subscription information should be addressed to the board office.
			 Policy manuals do not contain information about individuals.
(7)
Other records.
All other
			 records that are not exempt from disclosure by law are available from the board
			 office.
Iowa Administrative Code › Agency 497 - Iowa Public Information Board › Chapter 7 - Fair Information Practices › Rule 497-7.14 - 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 an individual 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) 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, rules of discovery,
			 evidentiary privileges and applicable regulations of the agency.