reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.100 - Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Settlement is encouraged at any stage of the proceedings where such settlement is consistent with the provisions and objectives of the Act.
(2)  Where parties to settlement agree upon a proposal, it shall be served upon represented and unrepresented affected employees in the manner set forth in 4.7(10A,88). Proof of such service shall accompany the proposed settlement agreement when submitted to the employment appeal board.
(3)  Parties and intervenors shall have ten days from the date of service to object to a settlement agreement.
(4)  Settlement agreements shall be filed with the employment appeal board to permit final disposition of the contested case.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.101 - Emergency Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Upon the application of any party or intervenor, or upon its own motion, and for good cause shown, the employment appeal board may order an emergency proceeding. The party or intervenor shall include in its motion the hazards to which the employees are exposed, the probable injuries which could occur from such exposure, and the number of employees exposed to each hazard.
(2)  When such proceeding is ordered, the employment appeal board shall notify all parties and intervenors.
(3)  The employment appeal board in an emergency proceeding shall make necessary orders with respect to time for filing of pleadings and other documents and shall do all other things necessary to complete the proceeding in the minimum time consistent with fairness.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.102 - Standards of Conduct

Current through Register Vol. 47, No. 3, July 24, 2024
All persons appearing in any proceeding shall conform to the standards of ethical conduct required in the courts of the state of Iowa. The employment appeal board or administrative law judge may take appropriate action to enforce the standards of conduct including, but not limited to, excluding persons from the hearing.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.103 - Ex Parte Communication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  There shall be no ex parte communication, with respect to the merits of any case not concluded, between the employment appeal board, including any members, officer, employee, or agent of the employment appeal board who is employed in the decisional process, and any of the parties or intervenors.
(2)  In the event such ex parte communication occurs, the employment appeal board may make such orders or take such action as fairness requires. Upon notice and hearing, the employment appeal board may take disciplinary action as is appropriate in the circumstances against any person who knowingly and willfully makes or solicits the making of a prohibited ex parte communication.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.104 - Restrictions as to Participation by Investigative or Prosecuting Officers

Current through Register Vol. 47, No. 3, July 24, 2024
In any proceeding noticed pursuant to the rules in Chapter 4, the commissioner of labor shall not participate or advise with respect to the employment appeal board's decision except as permitted by these rules.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.105 - Inspection and Reproduction of Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Subject to the provisions of law restricting public disclosure of information, any person may, at the office of the employment appeal board, inspect and copy any document filed in any proceeding.
(2)  Costs shall be borne by such person.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.106 - Restrictions With Respect to Former Employees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  No former employee of the employment appeal board or the commissioner of labor (including a member of the employment appeal board or the commissioner of labor) shall appear before the employment appeal board as an attorney or other representative for any party in any proceeding or other matter, formal or informal, in which that former employee participated personally and substantially during the period of employment.
(2)  No former employee of the employment appeal board or the commissioner of labor (including a member of the employment appeal board or the commissioner of labor) shall appear before the employment appeal board as an attorney or other representative for any party in any proceeding or other matter, formal or informal, for which that former employee was personally responsible during the period of employment, unless one year has elapsed since the termination of such employment.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.107 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Any interested person may petition the employment appeal board for the adoption, amendment, or repeal of a rule.
(2)  A petition for rule making shall comply with the form prescribed in 4.30(10A,88) and shall set forth in separately numbered paragraphs:
a. The text of any proposed rule or amendment, identifying the section or sections of the law or rule involved, or the rule sought to be repealed.
b. The reasons for requesting the action, including any relevant facts, opinions, or arguments.
c. A concise statement of the petitioner's interest in the subject matter
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.108 - Special Circumstances-waiver of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
In special circumstances not contemplated by the provisions of these rules, or for good cause shown, the employment appeal board may, upon application by any party or intervenor, or on its own motion, after three days' notice to all parties and intervenors, waive any rule or make such orders as justice or the administration of the Act requires.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.109 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  All penalties assessed by the employment appeal board are civil.
(2)  The employment appeal board has no jurisdiction under Iowa Code sections 88.14(5), 88.14(6), 88.14(7)  and 88.14(8)  and will conduct no proceeding thereunder
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.110 - Telephone Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  The employment appeal board or administrative law judge, on its own motion, or on the motion of any party or intervenor, and in the absence of an objection from any party or intervenor, may conduct a hearing by means of a telephone conference call. Hearings shall be recorded as provided in 4.65(1).
(2)  Any party or intervenor upon whom a motion for a telephone hearing is served shall have five days from service of the motion to file an objection.
(3)  Evidence and exhibits to be introduced during the course of a telephone hearing must be submitted to the employment appeal board with copies to all parties and intervenors before the date of the telephone hearing.
(4)  Persons who wish to be present at the telephone hearing but who do not wish to participate may attend and listen to the telephone hearing at the office of the administrative law judge or at the office of any consenting party or intervenor
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 6 - Peace Officer and Capitol Security Appeals › Rule 486-6.1 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Form and time of appeal.
The department of public safety shall file with the employment appeal board
			 notice of intent to dismiss or of intent to take other action, under the
			 purview of Iowa Code section 80.15, regarding a member of the department,
			 including capital security officers covered under Iowa Code section 80.15. The
			 notice of intent shall become final unless within 30 days a request (hereafter
			 called an appeal) to appear and defend the charges is filed by the person
			 named. No notice of intent to take action need be filed for action not under
			 the purview of Iowa Code section 80.15. Such personnel actions are effective
			 without following the process of Iowa Code section 80.15.
(2)
Filing of appeal.
An
			 appeal shall be deemed filed on the date it is delivered to the employment
			 appeal board. If mailed, the postmark date, appearing on the envelope, if
			 postage was prepaid and properly addressed, shall constitute the filing date.
The appeal board shall provide the respondent agency a copy of
				the appeal.
(3)
Hearing date and notice.
Upon receipt of the appeal, a hearing
			 date shall be scheduled and notice of the hearing shall be mailed, by ordinary
			 mail, to the parties not less than ten days prior to the hearing
			 date.
(4)
Continuances.
A request for continuance shall be granted only
			 upon showing of good cause by the requesting party. The request must be in
			 writing, stating the grounds therefor, and signed by the requesting party or an
			 authorized agent.
(5)
Hearings.
The hearing shall be conducted by a quorum of the
			 appeal board or an administrative law judge designated by the appeal board. A
			 quorum of the appeal board shall consist of two members of the board.
(6)
Decisions.
If
			 the hearing is conducted by the employment appeal board, the decision of the
			 board shall be the final decision. If the hearing is conducted by an
			 administrative law judge, the decision shall be a proposed decision, which
			 shall become the final decision 30 days after the issue date of that decision,
			 unless a further appeal is taken to the employment appeal board. The employment
			 appeal board on further review may reverse, modify, or remand the proposed
			 decision. The decision of the employment appeal board shall be by majority
			 vote. The decision of the employment appeal board shall be a final agency
			 decision subject to review through a petition for judicial review filed within
			 30 days of the date of the employment appeal board decision in the appropriate
			 district court.
This rule is intended to implement Iowa Code section
				10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 8 - Public Records and Fair Information Practices › Rule 486-8.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency. "
In lieu of the words "(official or body issuing these rules)", insert "employment appeal board".
"Custodian. "
Delete "the agency". and insert "an agency". Insert "The originating agency, if any, is the custodian of records which are used to carry out functions of the originating agency."
"Originating agency"
means the government agency which has authority over and custody of records and for whom the board is performing a service.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 8 - Public Records and Fair Information Practices › Rule 486-8.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In lieu of the words "(insert agency
			 head)" insert "board". In lieu of the words "(insert agency name and address)"
			 insert "Employment Appeal Board, 6200 Park Avenue, Suite 100, Des Moines, Iowa
			 50321".
(2)
Office
			 hours.
In lieu of the words "(insert customary office hours and, if
			 agency does not have customary office hours of at least thirty hours per week,
			 insert hours specified in Iowa Code section 22.4)", insert "8 a.m. to 4:30
			 p.m., Monday through Friday".
(7)
Fees.
c.
Supervisory
			 fee.
In lieu of the words "(specify time period)" insert "fifteen
			 minutes".
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 8 - Public Records and Fair Information Practices › Rule 486-8.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "the originating agency, to the board".
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 8 - Public Records and Fair Information Practices › Rule 486-8.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Open records are routinely disclosed without the consent of the subject.
(2)  To the extent allowed by law, disclosure of confidential records or exempt records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur without notice to the subject:
a. For a routine use as defined in rule 8.10(22) or in the notice for a particular record system.
b. To a recipient who has provided the agency with advance written assurance that the record will be used solely as a statistical research or reporting record, provided that the record is transferred in a form that does not identify the subject.
c. To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if an authorized representative of such government agency or instrumentality has submitted a written request to the agency specifying the record desired and the law enforcement activity for which the record is sought.
d. To an individual pursuant to a showing of compelling circumstances affecting the health or safety of any individual if a notice of the disclosure is transmitted to the last known address of the subject.
e. To the legislative services agency under Iowa Code section 2A.3.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 8 - Public Records and Fair Information Practices › Rule 486-8.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Defined. "Routine use" means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public records law, Iowa Code chapter 22.
(2)  To the extent allowed by law, the following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees, and agents of the board or the originating agency who have a need for the record in the performance of their duties. The custodian of the record may, upon request of any officer or employee, or on the custodian's own initiative, determine what constitutes legitimate need to use confidential records.
b. Disclosure of information indicating an apparent violation of the law to appropriate law enforcement authorities for investigation and possible criminal prosecution, civil court action, or regulatory order
c. Transfers of information within the agency, to other state agencies, or to local units of government as appropriate to administer the program for which the information is collected.
d. 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.
e. Any disclosure specifically authorized by the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 8 - Public Records and Fair Information Practices › Rule 486-8.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a subject individual.
To the extent provided by law, the subject may consent in writing to agency disclosure of confidential records as provided in rule 8.7(17A,22).
(2)
Complaints to public officials.
A letter from a subject of a confidential record to a public official which seeks the official's intervention on behalf of the subject in a matter that involves the agency to the extent permitted by law may be treated as an authorization to release sufficient information about the subject to the official to resolve the matter
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 8 - Public Records and Fair Information Practices › Rule 486-8.12 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The agency records are open for public inspection and copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withholding them from public inspection.
a. Tax records made available to the agency.
b. Minutes of closed meetings of a government 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. "
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 8 - Public Records and Fair Information Practices › Rule 486-8.13 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
The department maintains systems of records which contain personally identifiable information.
(1)
Rule-making records.
Rule-making records may contain information about people who make written or oral comments about proposed rules. Iowa Code section 17A.4 requires collection and retention of this information. It cannot be retrieved by an individual identifier. It is not stored in a computer system.
During the rule-writing process, committees are occasionally used to gather basic information. Minutes of committee meetings are available for public inspection. The minutes are retained.
(2)
Contested case records.
Contested case records are maintained in paper and computer files and contain names and identifying numbers of people involved. Evidence and documents submitted as a result of a hearing are contained in the contested case records.
Records are collected by authority of Iowa Code section 10A.601. None of the information stored in a data processing system is compared with information in any other data processing system.
Records of hearings are recorded on magnetic cassette tapes or in written transcripts.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 9 - Ipers Appeals › Rule 486-9.1 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Form and time of appeal.
Any party aggrieved by a decision of an administrative law judge of the department of inspections and appeals may file an appeal with the employment appeal board. The appeal must be filed within 30 days of the date of the decision of the administrative law judge.
(2)
Taking the appeal.
The appeal shall be deemed filed if by U.S. Postal Service, the date of the postmark or date of meter mark if no postmark; if by facsimile transmission, the date of the fax transmission; if by any other method, the date received by the employment appeal board.
(3)
Notice to agency.
Upon receipt of the appeal, the employment appeal board shall notify the department of personnel, ITERS division, of the appeal and shall provide a copy of the appeal to the department of personnel.
(4)
Hearing.
The employment appeal board shall not conduct a new hearing on the matter on review. However, the board shall provide the parties with a transcript of the hearing held before the administrative law judge and shall provide the parties time to file written briefs on the issues.
(5)
Continuances.
The parties will be allowed reasonable continuances for submission of written briefs and arguments. Requests for second continuances must be justified by good cause.
(6)
Additional evidence.
The employment appeal board will not admit nor consider any new or additional evidence which was not submitted to the administrative law judge, unless the party submitting the new or additional evidence establishes good cause for not submitting the evidence at the evidentiary hearing.
(7)
Decision.
The decision of the employment appeal board is the final agency decision for purposes of judicial review. The decision of the board becomes final 30 days after the date of the decision and not further reviewable unless a petition for judicial review is filed pursuant to Iowa Code section 17A.19.
The party aggrieved by a decision of the employment appeal board may file an application for rehearing before the employment appeal board within 20 days of the date of the board's decision. If an application for rehearing is filed, the date for judicial review is delayed until either 20 days from the date of filing the application for rehearing if no action has been taken by the board or 30 days from the date of denial by the board or deemed denied by operation of law.
This rule is intended to implement Iowa Code section 97B.27.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 2 - Rules and Operation for the State Board › Rule 489-2.2 - Administrator

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The director
			 appoints an administrator for the child advocacy board. The administrator is
			 responsible for the ongoing administration of the state and local boards'
			 activities and of the court appointed special advocate program.
(2) The administrator:
a. Applies for and administers funds
			 necessary for operations of the child advocacy board and the foster care review
			 board and the court appointed special advocate program.
b. Employs, discharges, trains, and
			 supervises foster care review board and court appointed special advocate
			 program employees.
c. Develops and
			 implements policies and procedures needed to implement requirements of federal
			 law and regulations and state law and administrative rules.
d. Develops and recommends administrative
			 rules for promulgation by the state board as needed to govern the operation of
			 the state board, the foster care review board program and the court appointed
			 special advocate program.
e.
			 Ensures training is provided for state and local board members, court appointed
			 special advocates and coaches and any other volunteers supporting the state
			 board's programs.
f. Ensures that
			 relationships are developed and maintained between the local board and judges,
			 juvenile court referees, local departments, juvenile court services, and
			 advocacy groups.
g. Coordinates
			 efforts to ensure community awareness of state and local boards and the court
			 appointed special advocate program.
h. Works closely with allied agencies and
			 associations to ensure that efforts relating to state and local boards and the
			 court appointed special advocate program are coordinated and consistent.
This rule is intended to implement Iowa Code sections
				17A.3 and
				237.18(5).
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 2 - Rules and Operation for the State Board › Rule 489-2.3 - Foster Care Registry

Current through Register Vol. 47, No. 3, July 24, 2024
The state board shall establish a registry of the placements of
				all children receiving foster care. The agency responsible for placement shall
				notify the state board of each placement in accordance with written protocols
				adopted pursuant to Iowa Code section
				237.16(4)
				 as enacted by 2022 Iowa Acts, House File
				2390, section 3. The notification shall include information identifying the
				child receiving foster care and placement information for that child.
This rule is intended to implement Iowa Code sections
				17A.3
				and 237.17.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 2 - Rules and Operation for the State Board › Rule 489-2.4 - Confidentiality of Records-penalty

Current through Register Vol. 47, No. 3, July 24, 2024
The state and local boards, court appointed special advocates
				and coaches and child advocacy employees shall adhere to the confidentiality
				requirements established in Iowa Code section 237.21.
This rule is intended to implement Iowa Code sections
				17A.3
				and
				237.21.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 3 - Local Foster Care Review Boards › Rule 489-3.1 - Local Boards

Current through Register Vol. 47, No. 3, July 24, 2024
The child advocacy board shall establish local foster care
				boards throughout the state. The number of local boards needed and established
				shall be determined by the child advocacy board based on the number of children
				in foster care and available funding.
(1) The child advocacy board is responsible
			 for establishment of policy and procedures consistent with the Iowa Code. Local
			 boards are required to comply with policies and procedures. If a local board
			 does not agree with a policy or procedure, the local board may bring that issue
			 to the child advocacy board for discussion and request a change by the board.
			 If the child advocacy board upholds the policy, local boards must
			 comply.
(2) Day-to-day
			 implementation of policy is delegated by the child advocacy board to
			 administrative staff. Staff is responsible for bringing questions about policy
			 issues to the child advocacy board for clarification or changes of
			 policy.
(3) Any written
			 communication from a local review board or local board member, in the member's
			 capacity as a board member, to state officials or media shall be sent to the
			 child advocacy board office and reviewed by the administrator prior to its
			 release.
This rule is intended to implement Iowa Code sections
				17A.3
				and 237.19.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 3 - Local Foster Care Review Boards › Rule 489-3.2 - Membership

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The child
			 advocacy board delegates responsibility to the administrator to develop and for
			 local board coordinators to implement an application, recruitment, screening
			 and training process for appointments to vacated local board positions:
a. The process includes the coordinator's
			 conducting a personal interview with the applicant, obtaining character
			 references, and completing background checks on the applicant.
b. The process will include consultation
			 between the coordinator and coordinator's direct supervisor.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 3 - Local Foster Care Review Boards › Rule 489-3.4 - Duties of Local Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Local board
			 reviews. At least every six months, the case of each child receiving foster
			 care assigned to a local board shall be reviewed in accordance with the written
			 protocols adopted pursuant to Iowa Code section
			 237.16(4)
			  as enacted by 2022 Iowa Acts, House File
			 2390, section 3, to determine whether satisfactory progress is being made
			 towards the goals of the case permanency plan pursuant to Iowa Code section
			 237.2. Whenever possible,
			 reviews shall be conducted prior to court review of the cases.
a. Each review will consider the following:
(1) The past, current, and future status of
			 the child and placement as shown through the case permanency plan and case
			 progress reports submitted by the agency responsible for the placement of the
			 child and other information the board may require.
(2) The efforts of the agency responsible for
			 the placement of the child to locate and provide services to the child's
			 biological or adoptive parents, legal guardians, or fictive kin providing the
			 majority of the child's daily food, lodging, and support.
(3) The efforts of the agency responsible for
			 the placement of the child to facilitate the return of the child to the home or
			 to find an alternative permanent placement other than foster care if reunion
			 with the parent or previous custodian is not feasible. The agency shall report
			 to the board all factors which either favor or mitigate against a decision or
			 alternative with regard to these matters.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 3 - Local Foster Care Review Boards › Rule 489-3.6 - Children Eligible for Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To be
			 eligible for review, the child shall meet the requirements set forth in Iowa
			 Code sections
			 234.1(2),
			 234.35
			 and
			 237.15.
(2) If the child is not receiving foster care
			 when the six-month review is scheduled, the review may be held if the child has
			 received foster care for a minimum of two months during that six-month
			 period.
(3) If parental rights are
			 terminated, the child's case will continue to be reviewed every six months
			 until the child is placed in an adoptive home and the adoption is finalized.
This rule is intended to implement Iowa Code sections
				17A.3
				and 237.18.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 4 - Court Appointed Special Advocate Program › Rule 489-4.2 - Program Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Establishing additional procedures and protocols.
a. The state board is responsible for
			 establishment of procedures and protocols consistent with the Iowa
			 Code.
b. Responsibility is
			 delegated by the state board to the administrator to establish and submit to
			 the board for approval a program policy and procedures manual that provides
			 detailed guidance to child advocacy board staff and volunteers on application
			 of these rules and the statutes that govern the operation of the court
			 appointed special advocate program.
c. Child advocacy board staff and volunteers
			 are required to comply with the protocols and procedures established by the
			 state board and the provisions of the policy and procedures manual established
			 by the administrator and approved by the board.
d. Day-to-day implementation of program
			 policy is delegated by the state board to administrative staff. Staff is
			 responsible for bringing questions about policy issues to the state board for
			 clarification or changes of state policy.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 4 - Court Appointed Special Advocate Program › Rule 489-4.3 - Training

Current through Register Vol. 47, No. 3, July 24, 2024
All child advocacy board staff and court appointed special
				advocate volunteers shall complete preservice and continuing education
				requirements.
This rule is intended to implement Iowa Code sections
				17A.3
				and 237.18.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 4 - Court Appointed Special Advocate Program › Rule 489-4.4 - Adherence to National Guidelines

Current through Register Vol. 47, No. 3, July 24, 2024
The National Court Appointed Special Advocate/Guardian ad Litem
				Association for Children has established a national quality assurance system
				for CASA programs. The primary goal of the system is to strengthen CASA
				organizations and support their efforts to provide high-quality child advocacy
				and achieve the maximum level of excellence. CASA of Iowa shall continue to
				maintain compliance with the standards and, within the limits of available
				funding, shall deploy resources to maintain compliance in the future.
This rule is intended to implement Iowa Code sections
				17A.3
				and 237.18.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 4 - Court Appointed Special Advocate Program › Rule 489-4.5 - Children Eligible for Assignment of a Court Appointed Special Advocate

Current through Register Vol. 47, No. 3, July 24, 2024
CASA of Iowa serves any child for whom the court appoints a
				court appointed special advocate as long as the resources to do so are
				available.
This rule is intended to implement Iowa Code sections
				17A.3
				and 237.18.
Iowa Administrative Code › Agency 489 - Child Advocacy Board › Chapter 4 - Court Appointed Special Advocate Program › Rule 489-4.6 - Annual Program Report

Current through Register Vol. 47, No. 3, July 24, 2024
The child advocacy board shall issue an annual report to the
				general assembly, the governor and the supreme court. The report shall provide
				information about the number of volunteers providing service through the court
				appointed special advocate program, the number of children served by the
				program, and the benefits children and their families have obtained from the
				program.
This rule is intended to implement Iowa Code sections
				17A.3
				and
				237.18.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 1 - Organization and Operation › Rule 491-1.1 - Function

Current through Register Vol. 47, No. 3, July 24, 2024
The racing and gaming commission was created by Iowa Code
				chapter 99D and is charged with the administration of the Iowa pari-mutuel
				wagering Act and excursion boat gambling Act, sports wagering, and internet
				fantasy sports contests. Iowa Code chapters 99D, 99E and 99F mandate that the
				commission shall have full jurisdiction over and shall supervise all race
				meetings, gambling operations, sports wagering, and internet fantasy sports
				contests governed by Iowa Code chapters 99D, 99E and 99F.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 1 - Organization and Operation › Rule 491-1.2 - Organization, Meetings, and Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Organization.
a. The racing and gaming commission is
			 located at 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321; telephone
			 515.281.7352. Office hours are 8
			 a.m. to 4:30 p.m., Monday through Friday.
b. The racing and gaming commission consists
			 of five members. The membership shall elect a chairperson and vice-chairperson
			 in July of each year. No chairperson shall serve more than four consecutive
			 one-year full terms.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 1 - Organization and Operation › Rule 491-1.4 - Open Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in Iowa Code sections
				17A.2(11)
"f,"
22.7, 99D.7(8), and
				99F.4 (6), all public records of the commission shall be available for public
				inspection during business hours. Requests to obtain records may be made by
				mail, telephone, or fax or in person. Minutes of commission meetings, forms,
				and other records routinely requested by the public may be obtained without
				charge or viewed on the commission's Web site. Other records requiring more
				than ten copies may be obtained upon payment of the actual cost for copying.
				This charge may be waived by the administrator
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 1 - Organization and Operation › Rule 491-1.8 - Granting of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this rule, a waiver means action by the
				commission that suspends in whole or in part the requirements or provisions of
				a rule as applied to an identified entity on the basis of the particular
				circumstances of that entity.
(1)
Scope of rule.
This rule outlines generally applicable
			 standards and a uniform process for the granting of a waiver from rules adopted
			 by the commission in situations where no other more specifically applicable law
			 provides for waivers. To the extent another more specific provision of law
			 governs the issuance of a waiver from a particular rule, the more specific
			 provision shall supersede this rule with respect to any waiver from that
			 rule.
(2)
Applicability of
			 rule.
The commission may grant a waiver from a rule only if the
			 commission has jurisdiction over the rule and the requested waiver is
			 consistent with applicable statutes, constitutional provisions, or other
			 provisions of law. The commission may not waive requirements created or duties
			 imposed by statute.
(3)
Criteria for waiver.
In response to a petition completed
			 pursuant to subrule 1.8(5), the commission may in its sole discretion issue an
			 order waiving in whole or in part the requirements of a rule if the commission
			 finds, based on clear and convincing evidence, all of the following:
a. The application of the rule would impose
			 an undue hardship on the entity for whom the waiver is requested;
b. The waiver from the requirements of the
			 rule in the specific case would not prejudice the substantial legal rights of
			 any entity;
c. The provisions of
			 the rule subject to the petition for a waiver are not specifically mandated by
			 statute or another provision of law; and
d. Substantially equal protection of public
			 health, safety, and welfare will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				all rules adopted by the agency are subject to the provisions of Iowa Code
				chapter 17A, the Iowa administrative procedure Act, and the provisions of this
				chapter
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.2 - 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 racing
				and gaming commission (commission) 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 rulemaking by the
				commission 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 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.3 - Public Rulemaking Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The commission shall maintain a current
			 public rulemaking docket.
(2)
Anticipated rulemaking.
The rulemaking docket shall list each
			 anticipated rulemaking proceeding. A rulemaking proceeding is deemed
			 "anticipated" from the time a draft of proposed rules is distributed for
			 internal discussion within the commission. For each anticipated rulemaking
			 proceeding, the docket shall contain a listing of the precise subject matter
			 which may be submitted for consideration by the commission for subsequent
			 proposal under the provisions of Iowa Code section
			 17A.4(1)
"a,"
the name and address of commission personnel with whom
			 persons may communicate with respect to the matter, and an indication of the
			 present status within the commission of that possible rule. The commission may
			 also include in the docket other subjects upon which public comment is
			 desired.
(3)
Pending
			 rulemaking proceedings.
The rulemaking docket shall list each pending
			 rulemaking proceeding. A rulemaking 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 rulemaking 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, and whether such written request, analysis, or
			 statement may be inspected;
g. The
			 current status of the proposed rule and any commission determinations with
			 respect thereto;
h. Any known
			 timetable for commission decisions or other action in the
			 proceedings;
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
			 rulemaking record may be inspected.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.4 - Notice of Proposed Rulemaking

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35 days before the adoption of a rule the
			 commission 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 commission 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 commission for the resolution of each of those
				issues.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
For at least 20 days after publication of
			 the Notice of Intended Action, persons may submit argument, data, and views, in
			 writing, on the proposed rule. Such written submissions should identify the
			 proposed rule to which they relate and should be submitted to the Racing and
			 Gaming Commission, 6200 Park Avenue, Suite 100, Des Moines, Iowa
			 50321.
(2)
Oral
			 proceedings.
The commission may, at any time, schedule an oral
			 proceeding on a proposed rule. The commission 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 commission by the administrative rules review committee, a
			 governmental subdivision, an agency, an association having not less than 25
			 members, or at least 25 persons. That request must also contain the following
			 additional information:
1. A request by one
			 or more individual persons must be signed by each of them and include the
			 address and telephone number of each of them.
2. A request by an association must be signed
			 by an officer or designee of the association and must contain a statement that
			 the association has at least 25 members and the address and telephone number of
			 the person signing that request.
3.
			 A request by an agency or governmental subdivision must be signed by an
			 official having authority to act on behalf of the entity and must contain the
			 address and telephone number of the person signing that request.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Qualified requesters for regulatory analysis-business impact.
The commission shall issue a regulatory analysis of aproposed rule that
			 conforms to the requirements of Iowa Code section
			 17A.4A(1)
			  after a proper request from:
a. The administrative rules review
			 committee,
b. The administrative
			 rules coordinator
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.7 - 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 commission determines at the time
			 it adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the commission shall, at the same time, issue a corrected
			 fiscal impact statement and publish the correct fiscal impact statement in the
			 Iowa Administrative Bulletin.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 2 - Rulemaking and Declaratory Orders › Rule 491-2.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 commission 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 commission shall adopt a rule pursuant to the
			 rulemaking 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 commission 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 rulemaking
			 proceeding.
(3)
Reliance on
			 commission expertise.
Except as otherwise provided by law, the
			 commission may use its own experience, technical competence, specialized
			 knowledge, and judgment in the adoption of a rule.