reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.11 - Committee Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) After the
			 final public hearing and filing of briefs, the committee will meet to decide
			 whether or not to approve the petition.
a.
			 Notice of the meeting will be provided pursuant to subrule 9.2(4).
b. The committee may consider all information
			 and arguments presented at the public hearing and in the briefs that were
			 filed.
c. No additional oral or
			 written testimony will be taken or considered.
d. The committee may conduct its
			 deliberations in closed session pursuant to Iowa Code section
			 21.5 but shall announce its
			 decision in open session.
e. Within
			 90 days after the final public hearing, the committee shall approve or
			 disapprove the petition or plan and shall file its written decision for
			 record.
f. The committee may amend
			 the petition or plan prior to approving it.
g. Decisions shall be in writing and rendered
			 following the hearing. The decision shall include:
(1) Identification of parties and basic
			 issues.
(2) Summary of findings of
			 fact.
(3) Summary of conclusions of
			 law.
(4) Ruling.
(5) Reasons for ruling.
(6) Order for implementation of the
			 decision.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.12 - Appeal of a Committee Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An appeal of a
			 committee decision or the legality of an election on the proposed boundary
			 adjustment may be made pursuant to Iowa Code sections
			 17A.19 and
			 368.22.
(2) Within 30 days of being notified of the
			 filing of an appeal, board staff shall transmit a certified copy of the entire
			 record of proceedings to the reviewing court. By stipulation of all parties to
			 the appeal, the record of the proceedings may be shortened.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 10 - Board Proceedings on Petitions for Involuntary Boundary Change After Committee Approval › Rule 263-10.1 - Election

Current through Register Vol. 47, No. 3, July 24, 2024
If a petition or plan is approved, the board shall submit the
				proposal at an election held pursuant to Iowa Code section
				368.19, regardless of appeal or
				applications for rehearing filed pursuant to rule
				263-9.13(368).
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 10 - Board Proceedings on Petitions for Involuntary Boundary Change After Committee Approval › Rule 263-10.2 - Final Order

Current through Register Vol. 47, No. 3, July 24, 2024
The board will issue an order stating the boundary change is
				complete in conjunction with the procedure after approval specified in Iowa
				Code section 368.20 and include such order
				with documents filed or recorded.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 10 - Board Proceedings on Petitions for Involuntary Boundary Change After Committee Approval › Rule 263-10.3 - Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The record of
			 an involuntary boundary adjustment proceeding shall include the following as
			 applicable:
a. The original petition or plan
			 and any amendment;
b. Proofs of
			 service and publication of required public hearing notices;
c. All pleadings filed with the board and
			 committee and any answers or rulings on the pleadings;
d. The public hearing transcript and all
			 evidence received at public hearing;
e. All briefs and documents filed on the
			 board or committee by parties to the proceedings and all other filings made by
			 those not parties;
f. Public
			 documents referenced by the board or committee;
g. The committee's findings of fact,
			 conclusions of law and determination;
h. The board's election order;
i. Certification and proof of publication of
			 election results;
j. The board's
			 final order.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 10 - Board Proceedings on Petitions for Involuntary Boundary Change After Committee Approval › Rule 263-10.4 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When an appeal
			 is filed pursuant to Iowa Code section
			 368.22, the appellant shall
			 notify the board and provide a copy of the appeal.
(2) Within 30 days after the filing of the
			 petition, the board shall transmit to the reviewing court the original or a
			 certified copy of the entire record of the case that is the subject of the
			 petition. By stipulation of all parties to the review proceedings, the record
			 of such a case may be shortened.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 10 - Board Proceedings on Petitions for Involuntary Boundary Change After Committee Approval › Rule 263-10.5 - Board Supervision of Proposal Execution

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall proceed accordingly in the following
				cases:
(1)
Discontinuance.
The board will supervise discontinuance of a
			 city pursuant to Iowa Code section
			 368.21. The board shall take
			 control of all city balances, property, and records during the six-month period
			 following the last notice of discontinuance published by the board. Upon the
			 close of the six-month period, the board shall determine the extent of any
			 unpaid allowed claims and such determination shall be verified by a certified
			 public accountant or by the state auditor. In the case of unpaid allowed
			 claims, the board shall approve payment from the discontinued city's account or
			 shall direct the appropriate governing body to levy the necessary
			 taxes.
(2)
Boundary
			 adjustment.
The board may, upon request of the applicable governing
			 bodies, provide advisory assistance in implementation of an annexation,
			 severance, or consolidation.
(3)
Consolidation.
After a consolidation has been approved in an
			 election held pursuant to Iowa Code section
			 368.19, the board may authorize
			 the cities to continue to operate as individual cities until an election of a
			 new city council has been held and the result certified. The election of a new
			 city council shall be held within 90 days of the date of the appeal period
			 authorized by Iowa Code section
			 368.22.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 1 - General › Rule 265-1.2 - Mission

Current through Register Vol. 47, No. 3, July 24, 2024
The authority was established in 1975 pursuant to Iowa Code
				chapter 16. The mission of the authority is to finance, administer, advance and
				preserve affordable housing and to promote community and economic development
				for lowans.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 1 - General › Rule 265-1.4 - Location Where the Public May Submit Requests or Obtain Information

Current through Register Vol. 47, No. 3, July 24, 2024
Requests for assistance, information, inquiries, submissions,
				petitions and other requests may be directed to the authority at the address
				set forth in subrule 1.3(1). Requests may be made personally or by telephone,
				mail. E-mail or any other medium available.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 1 - General › Rule 265-1.5 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
The executive director shall prepare and, as needed, revise and
				amend such forms as necessary for administration of authority programs. The
				number and type of forms shall be sufficient to safeguard the interests of the
				authority. The authority shall annually assess the effectiveness of its
				administrative procedures, including all forms, and make any modifications
				which, in the judgment of the authority, are necessary or would facilitate
				efficient authority operations.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 2 - Loan Programs › Rule 265-2.1 - Administrative Agents

Current through Register Vol. 47, No. 3, July 24, 2024
The authority may contract with an administrative agent or
				agents to provide origination and servicing of mortgage and temporary loans on
				behalf of the authority, and to provide a level of services on behalf of the
				authority as it would customarily provide on mortgage or temporary loans made
				of its own account.
This rule is intended to implement Iowa Code sections
				16.5 and
				16.5C.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 2 - Loan Programs › Rule 265-2.2 - Interest and Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The authority may establish fees for its services and shall
				establish interest on all loans. Such fees and interest shall be based on its
				estimate of interest cost on its bonds and notes, administrative costs, and
				reserve requirements.
This rule is intended to implement Iowa Code sections
				16.5 and
				16.5C.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 2 - Loan Programs › Rule 265-2.4 - Loan Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
The loan to value ratio, maximum loan amount, amortization
				period, repayment, prepayment, assumption, and assignment terms of a permanent
				mortgage loan shall be determined by the authority. The terms of a temporary
				loan, repayment thereof and of partial payment on principal thereof and partial
				release of security therefor upon the sale of individual housing units (when
				appropriate) shall also be determined by the authority. All loan conditions
				shall be stated in a certificate of approval issued by or on behalf of the
				authority.
This rule is intended to implement Iowa Code sections
				16.5 and
				16.5C.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 2 - Loan Programs › Rule 265-2.5 - Security for Loans

Current through Register Vol. 47, No. 3, July 24, 2024
The authority may take security for any loan. The form of such
				security may include but not be limited to one or more of the following:
1. Promissory note.
2. First real estate mortgage.
3. Assignment of option.
4. Assignment of lease.
5. Lien on personal property.
This rule is intended to implement Iowa Code sections
				16.5 and
				16.5C.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 2 - Loan Programs › Rule 265-2.6 - Types of Loans

Current through Register Vol. 47, No. 3, July 24, 2024
The authority may make permanent mortgage loans to eligible
				applicants for rehabilitated, newly built or existing housing for eligible
				occupants. The authority may make temporary loans as follows:
1. For eligible costs associated with
			 development activities set forth in the Iowa Code chapter 16,
2. For eligible costs associated with
			 development of housing which, in the judgment of the authority, deals
			 innovatively with the housing problems of eligible recipients.
This rule is intended to implement Iowa Code section
				16.5C.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 2 - Loan Programs › Rule 265-2.7 - Delinquency and Foreclosure

Current through Register Vol. 47, No. 3, July 24, 2024
Before the ninetieth day following the due date of the earliest
				unpaid installment of an authority mortgage loan, the administrative agent
				shall recommend either foreclosure or other appropriate servicing action based
				on the particular circumstances of each mortgage. The authority, upon
				determination that no other course of action will cure the delinquency, may
				direct the administrative agent to promptly initiate foreclosure
				proceedings.
This rule is intended to implement Iowa Code section
				16.4(1).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 2 - Loan Programs › Rule 265-2.8 - Application Processing

Current through Register Vol. 47, No. 3, July 24, 2024
Procedures, instructions and guidelines for receipt and
				processing of applications for authority mortgage loans and temporary loans,
				and other actions necessary or desirable for implementation and administration
				of the authority's programs may be established and modified from time to time
				by the executive director, with the approval thereof by the authority, at all
				times consistent with the Act and these rules.
This rule is intended to implement Iowa Code section
				17A.3(1)
"b."
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 2 - Loan Programs › Rule 265-2.9 - Mortgage Purchase or Loans to Lenders for Existing, Newly Built Single-family or Multifamily Housing-general Information

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of providing permanent mortgage loans for
				purchase or refinance of existing or newly built single-family or multifamily
				housing, the authority may provide loan funds to a mortgage lender either by a
				loan to such lender, or by authority purchase, or advance commitment to
				purchase a mortgage from a mortgage lender.
(1)
Eligible recipients.
Families who are of low and moderate income.
(2)
Applicability to authority
			 programs.
The authority may, by means of a loan to a mortgage lender,
			 or purchase of a mortgage from a mortgage lender, provide permanent mortgage
			 loans for special needs housing, area preservation, or refinance of Iowa
			 homesteading loans.
(3)
Application procedure for mortgage lenders.
Specific
			 instructions concerning application procedures will be contained in the
			 authority's processing procedures, instructions and guidelines promulgated
			 pursuant to
			 265-2.8
			 (16).
(4)
Allocation of
			 bond proceeds among mortgage lenders.
The authority may allocate bond
			 proceeds in principal amounts and at rates of interest among mortgage lenders
			 on the basis of the total amount of funds available, the amount of funds and
			 interest specified in the individual request of each mortgage lender, and the
			 ability in the judgment of the authority, of each mortgage lender to fully
			 utilize the funds for the purposes intended.
(5)
Discount of authority
			 loans.
In order to attain consistency between interest on authority
			 obligations and on authority loans to lenders or mortgages purchased, the
			 authority may, by means of discount of loan principal or mortgage purchase
			 price, adjust the effective yield of such loans or mortgages
			 purchased.
(6)
Procedures
			 for commitment and disbursement by mortgage lenders with respect to new
			 mortgage loans as a result of an authority loan or mortgage purchase.
Specific instructions concerning procedures for commitment and disbursement by
			 mortgage lenders will be contained in the authority's processing procedures,
			 instructions and guidelines promulgated pursuant to
			 265-2.8
			 (16). This rule is intended to implement Iowa Code sections
			 16.5C,
			 16.38,
			 and
			 16.39.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 2 - Loan Programs › Rule 265-2.10 - Assumption of Mortgages

Current through Register Vol. 47, No. 3, July 24, 2024
Where such permission is required or contemplated by the
				mortgage documents, the Iowa finance authority will grant written permission
				for a subsequent buyer of a home financed by an IFA mortgage to assume the
				outstanding mortgage loan if all of the conditions established in these rules
				are met.
(1)
Eligible
			 assumptions.
The buyer or buyers meet all of the requirements of an
			 eligible mortgagor under IFA guidelines relating to mortgages issued under a
			 particular series of bonds except that no income restrictions shall
			 apply.
(2)
Rate of
			 prepayments.
The prepayments received by the Iowa finance authority
			 for a given series of mortgages must equal or exceed the rate of prepayments
			 that was anticipated in structuring the principal repayment dates and amounts
			 for that series of bonds. This rule is intended to implement Iowa Code section
			 16.38.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 3 - Multifamily Housing › Rule 265-3.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Through its multifamily loan program (program), the authority
				seeks to preserve the existing supply of affordable rental units at risk of
				being lost and to foster the production of new affordable rental units in the
				state.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 3 - Multifamily Housing › Rule 265-3.2 - Available Funds

Current through Register Vol. 47, No. 3, July 24, 2024
The authority anticipates that it will, from time to time,
				publicize the approximate amount of funds available under this program on the
				authority's Web site at
www.iowafinanceauthority.gov.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 3 - Multifamily Housing › Rule 265-3.3 - Intent of the Authority

Current through Register Vol. 47, No. 3, July 24, 2024
It is the authority's intent to allow maximum discretion and
				flexibility to be used by those applying for assistance under this program, and
				to allow discretion and flexibility to be used by the authority in its analysis
				and awarding of loans and grants under this program. It is the position of the
				authority that such discretion and flexibility are essential to structuring
				transactions that will work to foster affordable housing in the state in a
				manner that best serves the citizens of the state.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 3 - Multifamily Housing › Rule 265-3.4 - Application Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for assistance under this program must be made on
				forms and in the manner provided by the authority. Inquiries with respect to
				this program should be made to those persons identified on the authority's Web
				site as contacts for this program. Once contacted with an inquiry, the
				authority will send an application package to the potential applicant. The
				authority will take such applications from time to time and will analyze and
				award loans to applicants on an ongoing basis. It is the position of the
				authority that such flexibility in taking and reviewing applications and making
				awards will best serve to foster affordable housing in the
				state.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 3 - Multifamily Housing › Rule 265-3.5 - Program Guidelines

Current through Register Vol. 47, No. 3, July 24, 2024
For-profit and nonprofit sponsors are eligible to apply for
				assistance under this program.
(1)
			 Projects eligible for assistance must meet the following criteria:
a. Both a demonstrated market need for the
			 units must exist and the project must be in a good location, as determined by
			 the authority in its sole discretion.
b. Assistance provided under this program
			 must enable the project to maintain financial feasibility and affordability for
			 at least the term of the assistance.
c. Maintenance and debt service reserve funds
			 must be adequately funded, as determined by the authority in its sole
			 discretion.
d. The maximum loan
			 term is 24 months for construction financing and 40 years for permanent
			 financing.
e. At least 75 percent
			 of the units must be restricted to tenants whose income is at or below 80
			 percent of the area median income and have rents that are affordable.
f. Projects must have at least five
			 units.
g. Rescinded IAB 12/25/2013,
			 effective 1/29/2014.
h.
			 Construction and permanent financing may be awarded to projects under the
			 program.
i. Borrowers must covenant
			 to observe certain compliance measures, including a recorded agreement to
			 ensure long-term affordability.
j.
			 A title guaranty certificate from the authority's title guaranty division is
			 required on all loans, unless specifically waived by the authority.
k. A local contributing effort, consistent
			 with Iowa Code section
			 16.4(3),
			 in an amount of up to 1 percent of the proposed loan may be required by the
			 authority, if feasible, for loans made under this chapter. If a local
			 contributing effort is required, evidence of such local contributing effort
			 shall be presented to the authority.
l. The authority may require a change of
			 management or general partner when appropriate.
m. FHA-insured loans may be available through
			 the Multifamily Accelerated Processing (MAP) of HUD, if the authority is an
			 approved MAP lender at the time of the loan closing. The authority may require
			 or suggest such a MAP loan for any and all projects applying for assistance. In
			 addition, the authority may participate in the HUD Risk-Sharing Program and may
			 suggest or require such a loan for any and all projects applying for
			 assistance.
n. Rescinded IAB
			 12/25/2013, effective 1/29/2014.
o.
			 Recipients must execute such documents and instruments, and must provide such
			 information, certificates and other items as determined necessary by the
			 authority, in its sole discretion, in connection with any assistance.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 3 - Multifamily Housing › Rule 265-3.8 - Multifamily Loan Program for Workforce Housing Loan Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
Projects eligible for loans under this category must satisfy
				the following conditions, in addition to (or instead of, if there is a
				conflict) the requirements of rule
				265-3.5
				(16):
(1) A loan made under this
			 category (the "primary loan") shall be made to an Iowa city or county for the
			 purpose of being reloaned by the borrower in order to provide financial
			 assistance to an identified project to rehabilitate or create new rental
			 workforce or affordable multifamily housing within the borrower's jurisdiction
			 (the "secondary loan"). The authority may restrict the use of funds to a
			 designated portion of the borrower's jurisdiction.
(2) At least 50 percent of the housing units
			 rehabilitated or created with the proceeds of the secondary loan shall be
			 restricted to families whose annual income at the time of leasing is at or
			 below 120 percent of the area median income, unless the authority agrees
			 otherwise.
(3) The primary loan may
			 be unsecured, but it shall constitute a general obligation of the
			 borrower.
(4) Preference under this
			 category shall be given to cities and counties that can document an increased
			 need for housing as the result of new job creation within their
			 jurisdiction.
(5) The borrower
			 shall use funds received in repayment of the secondary loan first to make the
			 scheduled principal and interest payments on the primary loan. Any secondary
			 loan payments remaining after all then-due scheduled payments on the primary
			 loan have been repaid may be reloaned by the borrower on the same basis as if
			 such secondary loan payment amounts were proceeds of the primary
			 loan.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 3 - Multifamily Housing › Rule 265-3.10 - Authority Analysis of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Authority staff will analyze and underwrite each potential
				project, and will make recommendations for funding assistance to the board of
				the authority. Authority staff will use such procedures and processes in its
				underwriting and analysis as it deems necessary and appropriate in connection
				with furthering the purposes of this program. In addition, the authority
				anticipates that because of the complex nature of each transaction, and the
				particular sets of circumstances attributable to each particular
				application/transaction, that the terms and conditions of loans will vary from
				project to project. The authority will make available its general operating
				procedures and guidelines for this program, as such may be revised from time to
				time.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 4 - General Revenue Bond Procedures › Rule 265-4.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Description of
			 Iowa agricultural development division (IADD) board. The IADD board consists of
			 five members appointed by the governor. The executive director of the Iowa
			 finance authority or the executive director's designee shall serve as an ex
			 officio nonvoting member. Members are appointed for staggered six-year terms.
			 The appointed members shall elect a chairperson and vice chairperson annually,
			 and other officers as the appointed members determine. The executive director
			 of the authority may organize the division and employ necessary qualified
			 personnel.
(2) General course and
			 method of operations. The IADD board generally meets on a monthly basis or at
			 the call of the chairperson or whenever two appointed members so request. The
			 purpose of the meetings shall be to review progress in implementation and
			 administration of programs, to consider and act upon proposals for assistance,
			 and take other actions as necessary and appropriate.
(3) Location where public may submit requests
			 for assistance or obtain information. Requests for assistance or information
			 should be directed to the Iowa Finance Authority, 2015 Grand Avenue, Des
			 Moines, Iowa 50312; telephone (515)725-4900. Requests may be made personally,
			 by telephone, U.S. mail or any other medium available, between the hours of 8
			 a.m. and 4:30 p.m., Monday through Friday. Special arrangements for
			 accessibility to the authority at other times will be provided as
			 needed.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 4 - General Revenue Bond Procedures › Rule 265-4.2 - Participating Lenders

Current through Register Vol. 47, No. 3, July 24, 2024
The authority will disseminate a summary of the programs for
				which revenue bond financing is authorized to mortgage lenders located within
				Iowa. Any mortgage lender as defined in Iowa Code section
				16.1 may apply to
				become a participating lender in an authority program providing financing
				through revenue bonds by submitting a signed letter of interest in a form
				prescribed by the authority to the authority. A letter of interest may be
				submitted at any time and upon approval by the authority the participating
				lender shall be obligated to abide by applicable program guidelines. At its
				regular monthly meetings, the authority will review letters of interest
				received since the last board meeting and approve letters of interest from
				qualified mortgage lenders. After approval, the lenders shall be considered IFA
				revenue bond participating lenders.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 4 - General Revenue Bond Procedures › Rule 265-4.3 - Procedures for Project Sponsors

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for revenue bond financing may be made with any
				IFA revenue bond participating lender in the same lending area as the project
				to be financed. The project sponsor shall provide the lender with information
				books, records, etc., as the lender may consider to be reasonably necessary to
				evaluate or underwrite the risk.
A project sponsor must meet the eligibility requirements
				established for a particular type of revenue bond financing, by applicable
				state law and the rules of the authority. If the eligibility requirements are
				met, the participating lender may nonetheless deny a loan, subject to all
				reporting and disclosure requirements of applicable state and federal law, for
				any reason premised on sound lending practice, including underwriting or risk
				evaluation, portfolio diversification, limitations or restrictions on
				investments or available funds, and the lender's degree of need for tax-exempt
				earnings. Any loan that is approved will be assigned to the participating
				lender
If the loan is approved, the terms of the loan, including
				interest rate, length of loan, down payment, fees, origination charge and
				repayment schedule, shall not be any greater than those available to similar
				customers after taking into account the tax-exempt nature of interest on the
				bonds.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 4 - General Revenue Bond Procedures › Rule 265-4.4 - Authority Review

Current through Register Vol. 47, No. 3, July 24, 2024
The completed and approved loan application shall be submitted
				to the authority for its review and approval. The authority's review will
				include, though not be limited to, consideration of whether (1) the project
				sponsor is qualified for the type of loan it is seeking; (2) the loan proceeds
				will be used for a qualified purpose under the Iowa Code and the rules of the
				authority, and under the U.S. Internal Revenue Code and IRS regulations
				relating to industrial development bonds; and (3) the terms of the loan comply
				with these rules.
The authority may charge reasonable and necessary fees as
				needed to defray its costs for processing the loan and bond.
Following such review, the authority shall either approve or
				deny each specific revenue bond proposal. If the proposal is approved, the
				authority shall issue a bond for that proposal, and shall enter into a loan
				agreement with the project sponsor The authority shall then assign the loan
				without recourse to the participating lender
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 4 - General Revenue Bond Procedures › Rule 265-4.6 - Procedures Following Bond Issuance

Current through Register Vol. 47, No. 3, July 24, 2024
No bond proceeds may be used by a nonqualified user nor for a
				nonqualified purpose. Following disbursement of the bond proceeds, the
				participating lender and project sponsor shall certify to the authority that
				the proceeds were used by a qualified project sponsor for a qualified
				purpose.
(1)
Assumption of
			 loans, substitution of collateral and transfer of property.
Loans may
			 not be assumed without the prior approval of the authority and then only if the
			 purchaser of the property is an eligible project sponsor for IFA revenue bond
			 financing. In any situation where collateral is substituted, or property
			 transferred other than a sale of the entire operation financed by IFA revenue
			 bonds, the benefits of the loan deriving from the tax-exempt rate of interest
			 on the bonds must remain with the operation financed by the revenue bonds, and
			 no transferee may thereby obtain the benefits of the IFA loan.
(2) Reserved.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 4 - General Revenue Bond Procedures › Rule 265-4.7 - Right to Audit

Current through Register Vol. 47, No. 3, July 24, 2024
The authority shall have at all times the right to audit the
				records of the participating lender and the operation financed by IFA revenue
				bonds relating to the loan and bond to ensure that bond proceeds were used by a
				qualified user and for a qualified purpose. The authority or a designee acting
				under instructions of the authority may exercise this right.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Authority"
means the Iowa finance authority,
				as designated in Iowa Code chapter 220.
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5)
				 and includes any matter defined as a no
				factual dispute contested case under 1998 Iowa Acts, chapter 1202, section
				14.
"Executive director "
means the executive
				director of the authority or an authorized representative of the executive
				director
"Issuance "
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding officer "
means the board of the
				authority.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the entire board of the authority did not
				preside.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Time shall be computed as provided in Iowa Code subsection
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute
			 or by rule. Except for good cause stated in the record, before extending or
			 shortening the time to take any action, the presiding officer shall afford all
			 parties an opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.4 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
Any person claiming an entitlement to a contested case
				proceeding shall file a written request for such a proceeding from the
				authority within the time specified by the particular rules or statutes
				governing the subject matter or, in the absence of such law, the time specified
				in the authority action in question.
The request for a contested case proceeding should state the
				name and address of the requester, identify the specific authority action which
				is disputed and, where the requester is represented by a lawyer, identify the
				provisions of law or precedent requiring or authorizing the holding of a
				contested case proceeding in the particular circumstances involved, and include
				a short and plain statement of the issues of material fact in
				dispute.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.5 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing to the person
			 requesting a contested case constitutes the commencement of the contested case
			 proceeding. Delivery may be executed by:
a.
			 Personal service as provided in the Iowa Rules of Civil Procedure; or
b. Certified mail, return receipt requested;
			 or
c. First-class mail;
			 or
d. Publication, as provided in
			 the Iowa Rules of Civil Procedure.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
			 each contested case in which Iowa Code chapter I7A requires an evidentiary
			 hearing, the chairperson of the authority will determine whether the hearing
			 shall be held before the authority, one or more members of the authority's
			 board, or an administrative law judge. Any party who wishes to request that the
			 presiding officer assigned to render a proposed decision be an administrative
			 law judge employed by the department of inspections and appeals must file a
			 written request within 20 days after service of a notice of hearing which
			 identifies or describes the presiding officer as the authority's board or
			 members of the authority's board.
(2) The executive director may deny the
			 request only upon a finding that one or more of the following apply:
a. Neither the authority nor any officer of
			 the authority under whose authority the contested case is to take place is a
			 named party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
d. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
e. Funds are unavailable to
			 pay the costs of an administrative law judge and an interauthority
			 appeal.
f. The request was not
			 timely filed.
g. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.7 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter However, the authority
				in its discretion may refuse to give effect to such a waiver when it deems the
				waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.8 - Telephone or Video Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference in which all parties have an opportunity to
				participate. Other telephone proceedings or interactive video proceedings,
				including the hearing for the contested case proceeding, may be held with the
				consent of all parties. The presiding officer will determine the location of
				the parties and witnesses for telephone hearings. The convenience of the
				witnesses or parties, as well as the nature of the case, will be considered
				when location is chosen. The cost of the telephone hearing or an interactive
				video hearing may be assessed equally to each party.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.9 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person shall withdraw from participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f.Has a spouse or relative within the third
			 degree of relationship that:
(1) Is a party to
			 the case, or an officer, director or trustee of a party;
(2) Is a lawyer in the case;
(3) Is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) Is likely to be a material witness in the
			 case; or
g. Has any
			 other legally sufficient cause to withdraw from participation in the decision
			 making in that case.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.10 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
a. The matters at issue involve common
			 parties or common questions of fact or law;
b. Consolidation would expedite and simplify
			 consideration of the issues involved; and
c. Consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.11 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pleadings may
			 be required by rule, by the notice of hearing, or by order of the presiding
			 officer
(2) Petition.
a. Any petition required in a contested case
			 proceeding shall be filed within 20 days of delivery of the notice of hearing
			 or subsequent order of the presiding officer, unless otherwise
			 ordered.
b. A petition shall state
			 in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
			 the petition is filed;
(2) The
			 particular provisions of statutes and rules involved;
(3) The relief demanded and the facts and law
			 relied upon for such relief; and
(4) The name, address and telephone number of
			 the petitioner and the petitioner's attorney, if any.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every pleading, motion, document, or
			 other paper filed in a contested case proceeding and every paper relating to
			 discovery in such a proceeding shall be served upon each of the parties of
			 record to the proceeding, including the person designated as advocate or
			 prosecutor for the state or the authority, simultaneously with their filing.
			 Except for the original notice of hearing and an application for rehearing as
			 provided in Iowa Code section
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(2)
Service
-
how made.
Service upon a party
			 represented by an attorney shall be made upon the attorney unless otherwise
			 ordered. Service is made by delivery or by mailing a copy to the person's
			 last-known address. Service by mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule, or order.
(3)
Filing
-
when
			 required.
After the notice of hearing, all pleadings, motions,
			 documents or other papers in a contested case proceeding shall be filed with
			 the executive director, Iowa finance authority, at the address set forth in
			 rule 265-1.3 (16). All pleadings,
			 motions, documents or other papers that are required to be served upon a party
			 shall be filed simultaneously with the authority.
(4)
Filing
-
when
			 made.
Except where otherwise provided by law, a document is deemed
			 filed at the time it is delivered to the Iowa finance authority at its office
			 located at the address set forth in rule
			 265-1.3 (16), delivered to an
			 established courier service for immediate delivery to that office, or mailed by
			 first-class mail or state interoffice mail to that office, so long as there is
			 proof of mailing.
(5)
Proof
			 of mailing.
Proof of mailing includes either: a legible United States
			 Postal Service postmark on the envelope, a certificate of service, a notarized
			 affidavit, or a certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the (authority office and address) and to the names and addresses
				of the parties listed below by depositing the same in (a United States post
				office mailbox with correct postage properly affixed or state interoffice
				mail).
(Date)
(Signature)
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.13 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules or by order of the presiding
			 officer, time periods for compliance with discovery shall be as provided in the
			 Iowa Rules of Civil Procedure.
(2)
			 Any motion relating to discovery shall allege that the moving party has
			 previously made a good-faith attempt to resolve the discovery issues involved
			 with the opposing party. Motions in regard to discovery shall be ruled upon by
			 the presiding officer. Opposing parties shall be afforded the opportimity to
			 respond within ten days of the filing of the motion unless the time is
			 shortened as provided in subrule 7.13(1). The presiding officer may rule on the
			 basis of the written motion and any response, or may order argument on the
			 motion.
(3) Evidence obtained in
			 discovery may be used in the contested case proceeding if that evidence would
			 otherwise be admissible in that proceeding.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. An authority
			 subpoena shall be issued to a party on request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a request
			 for a subpoena must be received at least three days before the scheduled
			 hearing. The request shall include the name, address, and telephone number of
			 the requesting party.
b. Except to
			 the extent otherwise provided by law, parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 7 - Contested Cases › Rule 265-7.15 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the authority or the presiding officer The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing, except
			 motions for summary judgment, must be filed and served at least ten days prior
			 to the date of hearing unless there is good cause for permitting later action
			 or the time for such action is lengthened or shortened by rule of the authority
			 or an order of the presiding officer
(5) Motions for summary judgment. Motions for
			 summary judgment shall comply with the requirements of Iowa Rule of Civil
			 Procedure 1.981 and shall be subject to disposition according to the
			 requirements of that rule to the extent such requirements are not inconsistent
			 with the provisions of this rule or any other provision of law governing the
			 procedure in contested cases.
Motions for summary judgment must be filed and served at least
				45 days prior to the scheduled hearing date, or other time period determined by
				the presiding officer. Any party resisting the motion shall file and serve a
				resistance within 15 days, unless otherwise ordered by the presiding officer,
				from the date a copy of the motion was served. The time fixed for hearing or
				nonoral submission shall be not less than 20 days after the filing of the
				motion, unless a shorter time is ordered by the presiding officer A summary
				judgment order rendered on all issues in a contested case is subject to
				rehearing pursuant to rule 7.28(17A) and appeal pursuant to rule
				7.27(17A).