reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 7 - Public Records and Fair Information Practices › Rule 187-7.16 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier.
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the rules of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable rules of the
			 agency.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 8 - General Banking Powers › Rule 187-8.8 - Approved Rating Services

Current through Register Vol. 47, No. 3, July 24, 2024
Rating services approved by the superintendent as provided by
				Iowa Code section
				12B.10
				for use by the treasurer of state and the treasurer of each political
				subdivision in determining qualifying commercial paper investments are Moody's
				Investors Services and Standard & Poor's.
This rule is intended to implement Iowa Code section
				12B.10.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 8 - General Banking Powers › Rule 187-8.9 - General Definition of Bank

Current through Register Vol. 47, No. 3, July 24, 2024
It is the superintendent's intent that the term "bank" used in
				Iowa Code section 524.103 means a corporation organized under Iowa Code chapter
				524, a corporation organized under  12 U.S.C. §
									21, a corporation organized
				under  12 U.S.C. §
									1464, or an out-of-state bank as defined in Iowa Code
				section 524.103. The general definition of "bank" as set forth in Iowa Code
				section 524.103 does not include a state credit union or federal credit
				union.
This rule is intended to implement Iowa Code section
				524.103.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 8 - General Banking Powers › Rule 187-8.10 - Courier Services

Current through Register Vol. 47, No. 3, July 24, 2024
A state bank may provide courier services to its bank customers
				by using a third-party provider operated under the provider's name or using the
				state bank's employees operating in the bank's own name. Customer deposits
				picked up by a courier service become deposits of the bank at the time the
				deposits are picked up by the courier service.
(1)
Third-party courier services.
			 A
state bank that uses a third party to provide courier services to
			 its customers may pay the third party directly for those services and may
			 charge its customers for third-party courier services as the state bank deems
			 appropriate. Superintendent approval is not required for a state bank to
			 provide courier services to its customers by using a third party.
(2)
Bank-owned courier services.
			 A
state bank that establishes and operates courier services in its own
			 name using its own employees must establish the vehicle it uses to provide
			 courier services as a bank office in accordance with the provisions of 187 IAC
			 2.17(17A,524).
This rule is intended to implement Iowa Code section
				524.213.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 9 - Investment and Lending Powers › Rule 187-9.2 - Real Estate Lending

Current through Register Vol. 47, No. 3, July 24, 2024
This rule is promulgated to provide more uniformity with the
				final guidelines adopted by the Federal Deposit Insurance Corporation, the
				Federal Reserve System, and the Department of the Treasury. This rule shall
				apply to real estate loans either originated by the state bank or acquired by
				purchase, assignment, or otherwise.
(1)
Written policy.
The
			 board of directors of the state bank shall formulate and maintain a written
			 real estate lending policy that is appropriate for its size and the nature and
			 scope of its operation. Each policy must be comprehensive and consistent with
			 safe and sound lending practices. The standards and limits established in the
			 policy must be reviewed and approved at least annually by the board. The real
			 estate lending policy should reflect the level of risk that is acceptable to
			 the board and should provide clear and measurable underwriting standards that
			 enable the state bank's lending staff to evaluate all relevant credit factors.
			 The real estate lending policy, at a minimum, should:
a. Identify the geographic area where the
			 state bank will consider lending.
b. Establish loan portfolio diversification
			 standards.
c. Set appropriate terms
			 and conditions by type of real estate loan.
d. Establish loan origination and approval
			 procedures.
e. Establish prudent
			 underwriting standards which include clear and measurable loan-to-value
			 limitations.
f. Establish review and
			 approval procedures for exempted loans.
g. Establish loan administration
			 procedures.
h. Establish real
			 estate appraisal and evaluation programs.
i. Monitor the portfolio and provide timely
			 reports to the board of directors.
j. Establish procedures for conformance with
			 secondary market investor requirements where applicable.
When formulating the real estate policy, the board should
				consider both internal and external factors, such as size and condition of the
				state bank, expertise of its lending staff, avoidance of undue concentrations
				of risk, compliance with all real estate-related laws and rules, and general
				market conditions.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 10 - Electronic Transfer of Funds › Rule 187-10.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				527.3 authorizes the
				administrator to issue rules applicable to financial institutions regarding the
				operation or control of a satellite terminal or pertaining to a financial
				transaction engaged in through a satellite terminal. Iowa Code section
				527.11 empowers the
				administrator to adopt and promulgate rules which are necessary to properly and
				effectively carry out and enforce Iowa Code chapter 527. When the term
				"administrators" appears in this chapter, it signifies that joint action or
				enforcement may be taken by the administrators specified in Iowa Code sections
				527.2 and
				527.3.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 10 - Electronic Transfer of Funds › Rule 187-10.3 - Applications to Operate a Central Routing Unit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Approval required.
A
			 central routing unit shall not be operated in the state of Iowa unless written
			 approval for that operation has been obtained from the
			 administrators.
(2)
Application requirements. A
person desiring to operate a
			 central routing unit shall submit to the administrators an application which
			 shall contain all of the information and shall be accompanied by all
			 documentation expressly provided for in Iowa Code section
			 527.9. The
			 administrators will notify the applicant in writing whether the application is
			 considered complete.
(3)
Incomplete applications.
If the application is found by the
			 administrators to be incomplete, the applicant will be notified within a
			 reasonable period of that fact and of the specific deficiencies. Anytime after
			 30 days following any such notification, the application may be denied for lack
			 of information, if requested supplemental information is not timely submitted
			 by the applicant.
(4)
Final
			 notice.
Upon receiving a complete application, the administrators
			 shall approve or disapprove an application for operation of a central routing
			 unit within 60 days after the date of written notice to the applicant that the
			 application is determined to be complete. The administrators shall notify the
			 applicant in writing as to the decision to approve or disapprove.
This rule is intended to implement Iowa Code section
				527.9.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 10 - Electronic Transfer of Funds › Rule 187-10.6 - Customer Instruction in the Use of a Satellite Terminal

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code subsection
				527.5(4)
				 prohibits employees of the establishing
				financial institution or affiliate from attending or operating a satellite
				terminal except on a temporary basis for the purpose of instructing customers
				in the proper use of the satellite terminal. For purposes of this rule, such
				temporary basis shall be defined to be no more than 30 calendar days from the
				date of initial operation of the satellite terminal. Satellite terminals
				located on the premises of the establishing financial institution are exempt
				from this restriction.
This rule is intended to implement Iowa Code subsection
				527.5(4).
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.1 - Scope and Applicability of the Iowa Rules of Civil Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
Except when inconsistent with Iowa Code chapter 524, this
				chapter applies to contested case proceedings conducted by the division of
				banking. Except as expressly provided in Iowa Code chapter 17A and these rules,
				the Iowa Rules of Civil Procedure do not apply to contested case proceedings.
				However, upon application by a party, the division may permit the use of
				procedures provided for in the Iowa Rules of Civil Procedure unless doing so
				would unreasonably complicate the proceedings or impose an undue hardship on a
				party.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"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 Iowa Code section
				17A.10A.
"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 superintendent
				of banking, the superintendent's designee or, under certain circumstances, an
				administrative law judge.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the superintendent did not
				preside.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.3 - 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.
			 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 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.4 - 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 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 division action in
				question. The request for a contested case proceeding should state the name and
				address of the requester, identify the specific division 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 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.5 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of
			 the notice of hearing 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 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 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 division head or members of the division.
(2) The superintendent may deny the request
			 only upon a finding that one or more of the following apply:
a. Neither the division nor any officer of
			 the division 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. An administrative law judge with the
			 qualifications identified in subrule 11.6(4) is unavailable to hear the case
			 within a reasonable time.
d. The
			 case involves significant policy issues of first impression that are
			 inextricably intertwined with the factual issues presented.
e. The demeanor of the witnesses is likely to
			 be dispositive in resolving the disputed factual issues.
f. Funds are unavailable to pay the costs of
			 an administrative law judge and an interdivision
appeal.
g.
			 The request was not timely filed.
h. The request is not consistent with a
			 specified statute.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.7 - 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 division
				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 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.8 - Telephone and Electronic Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference or other electronic means in which all parties
				have an opportunity to participate. Other proceedings may be held by telephone
				or other electronic means with the consent of all parties. The presiding
				officer will determine the location of the parties and witnesses for hearings
				held by telephone or other electronic means. The convenience of the witnesses
				or parties, as well as the nature of the case, will be considered when location
				is chosen. Disciplinary hearings will generally not be held by telephone or
				electronic means in the absence of consent by all parties, but the presiding
				officer may permit any witness to testify by telephone or other electronic
				means. Parties shall disclose at or prior to the prehearing conference whether
				any witness will be testifying by telephone or other electronic means.
				Objections, if any, shall be filed with the division and served on all parties
				at least three business days in advance of hearing.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.9 - 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 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.10 - 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.
(2)
Severance.
The presiding officer may, for good cause shown,
			 order any contested case proceedings or portions thereof severed.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.11 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petition.
A petition in
			 a contested case proceeding shall state in separately numbered paragraphs the
			 following:
a. The persons or entities on
			 whose behalf the petition is filed;
b. The particular provisions of statutes and
			 rules involved;
c. The relief
			 demanded and the facts and law relied upon for such relief; and
d. The name, address and telephone number of
			 the petitioner and the petitioner's attorney, if any.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.13 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The scope of discovery described in Iowa
			 Rule of Civil Procedure 1.503 shall apply to contested case
			 proceedings.
(2) The following
			 discovery procedures available in the Iowa Rules of Civil Procedure are
			 available to the parties in a contested case proceeding: depositions upon oral
			 examination or written questions; written interrogatories; production of
			 documents, electronically stored information, and things; and requests for
			 admission. The time frames for discovery in the specific Iowa Rules of Civil
			 Procedure govern those specific procedures, unless they are lengthened or
			 shortened by the presiding officer.
a. Iowa
			 Rules of Civil Procedure 1.701 through 1.717 regarding depositions shall apply
			 to any depositions taken in a contested case proceeding. Any party taking a
			 deposition in a contested case shall be responsible for any deposition costs,
			 unless otherwise specified or allocated in an order. Deposition costs include,
			 but are not limited to, reimbursement for mileage of the deponent, costs of a
			 certified shorthand reporter, and expert witness fees, as applicable.
b. Iowa Rule of Civil Procedure 1.509 shall
			 apply to any interrogatories propounded in a contested case
			 proceeding.
c. Iowa Rule of Civil
			 Procedure 1.512 shall apply to any requests for production of documents,
			 electronically stored information, and things in a contested case
			 proceeding.
d. Iowa Rule of Civil
			 Procedure 1.510 shall apply to any requests for admission in a contested case
			 proceeding. Iowa Rule of Civil Procedure 1.511 regarding the effect of an
			 admission shall apply in contested case proceedings.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. A division 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, email 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 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.15 - 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 division 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 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 division or an order of the presiding
			 officer.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.16 - Prehearing Conference and Disclosures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than seven days prior to the hearing date. A
			 prehearing conference shall be scheduled not less than three business days
			 prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the presiding officer to all parties. For good cause the presiding officer may
				permit variances from this rule.
(2) Each party shall disclose at or prior to
			 the prehearing conference:
a. A final list of
			 the witnesses who the party anticipates will testify at hearing. Witnesses not
			 listed may be excluded from testifying unless there was good cause for the
			 failure to include their names; and
b. A final list of exhibits which the party
			 anticipates will be introduced at hearing. Exhibits other than rebuttal
			 exhibits that are not listed may be excluded from admission into evidence
			 unless there was good cause for the failure to include them.
c. Witness or exhibit lists may be amended
			 subsequent to the prehearing conference within the time limits established by
			 the presiding officer at the prehearing conference. Any such amendments must be
			 served on all parties.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.17 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made to the presiding officer.
(1)
			 A written application for a continuance shall:
a. Be made at the earliest possible time and
			 no less than seven days before the hearing except in case of unanticipated
			 emergencies;
b. State the specific
			 reasons for the request; and
c. Be
			 signed by the requesting party or the party's representative.
An oral application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request unless that
				requirement is waived by the presiding officer. No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				where notice is not feasible. The division may waive notice of such requests
				for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.19 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Motion. A
			 motion for leave to intervene in a contested case proceeding shall state the
			 grounds for the proposed intervention, the position and interest of the
			 proposed intervenor, and the possible impact of intervention on the proceeding.
			 A proposed answer or petition in intervention shall be attached to the motion.
			 Any party may file a response within 14 days of service of the motion to
			 intervene unless the time period is extended or shortened by the presiding
			 officer.
(2) When filed. Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner. Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3) Grounds for
			 intervention. The movant shall demonstrate that (a) intervention would not
			 unduly prolong the proceedings or otherwise prejudice the rights of existing
			 parties; (b) the movant is likely to be aggrieved or adversely affected by a
			 final order in the proceeding; and (c) the interests of the movant are not
			 adequately represented by existing parties.
(4) Effect of intervention. If appropriate,
			 the presiding officer may order consolidation of the petitions and briefs of
			 different parties whose interests are aligned with each other and limit the
			 number of representatives allowed to participate actively in the proceedings. A
			 person granted leave to intervene is a party to the proceeding. The order
			 granting intervention may restrict the issues that may be raised by the
			 intervenor or otherwise condition the intervenor's participation in the
			 proceeding.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.20 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding officer presides at the
			 hearing, and may rule on motions, require briefs, issue a proposed decision,
			 and issue such orders and rulings as will ensure the orderly conduct of the
			 proceedings.
(2) All objections
			 shall be timely made and stated on the record.
(3) Parties have the right to participate or
			 to be represented in all hearings or prehearing conferences related to their
			 case. Partnerships, corporations, or associations may be represented by any
			 member, officer, director, shareholder, or duly authorized agent. Any party may
			 be represented by an attorney, or another person authorized by law, at the
			 party's expense.
(4) Subject to
			 terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or affirmed by the presiding officer or the court reporter, and be
			 subject to examination and cross-examination. The presiding officer may limit
			 questioning in a manner consistent with law;
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.21 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding officer shall rule on
			 admissibility of evidence and may, where appropriate, take official notice of
			 facts in accordance with all applicable requirements of law.
(2) Stipulation of facts is encouraged. The
			 presiding officer may make a decision based on stipulated facts.
(3) Evidence in the proceeding shall be
			 confined to the issues as to which the parties received notice prior to the
			 hearing unless the parties waive their right to such notice or the presiding
			 officer determines that good cause justifies expansion of the issues. If the
			 presiding officer decides to admit evidence on issues outside the scope of the
			 notice over the objection of a party who did not have actual notice of those
			 issues, that party, upon timely request, shall receive a continuance sufficient
			 to amend pleadings and to prepare on the additional issue.
(4) The party seeking admission of an exhibit
			 must provide opposing parties with an opportunity to examine the exhibit prior
			 to the ruling on its admissibility. Copies of documents should normally be
			 provided to opposing parties. All exhibits admitted into evidence shall be
			 appropriately marked and be made part of the record. The state's exhibits shall
			 be marked numerically, and the applicant's or respondent's exhibits shall be
			 marked alphabetically.
(5) Any
			 party may object to specific evidence or may request limits on the scope of any
			 examination or cross-examination. Such an objection shall be accompanied by a
			 brief statement of the grounds upon which it is based. The objection, the
			 ruling on the objection, and the reasons for the ruling shall be noted in the
			 record. The presiding officer may rule on the objection at the time it is made
			 or may reserve a ruling until the written decision.
(6) Whenever evidence is ruled inadmissible,
			 the party offering that evidence may submit an offer of proof on the record.
			 The party making the offer of proof for excluded oral testimony shall briefly
			 summarize the testimony or, with permission of the presiding officer, present
			 the testimony. If the excluded evidence consists of a document or exhibit, it
			 shall be marked as part of an offer of proof and inserted in the
			 record.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.24 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the division shall provide a copy of the whole or
				any portion of the record at cost. The cost of preparing a copy of the record
				or of transcribing the hearing record shall be paid by the requesting
				party.
Parties who request that a hearing be recorded by certified
				shorthand reporters rather than by electronic means shall bear the cost of that
				recordation, unless otherwise provided by law.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the
				superintendent may review an interlocutory order of the presiding officer. In
				determining whether to do so, the superintendent shall weigh the extent to
				which its granting the interlocutory appeal would expedite final resolution of
				the case and the extent to which review of that interlocutory order by the
				division at the time it reviews the proposed decision of the presiding officer
				would provide an adequate remedy. Any request for interlocutory review must be
				filed within 14 days of issuance of the challenged order, but no later than the
				time for compliance with the order or the date of hearing, whichever is
				first.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 When the superintendent presides over the reception of evidence at the hearing,
			 the superintendent's decision is a final decision.
(2) When the superintendent does not preside
			 at the reception of evidence, the presiding officer shall make a proposed
			 decision. The proposed decision becomes the final decision of the division
			 without further proceedings unless there is an appeal to, or review on motion
			 of, the superintendent within the time provided in rule 11.27(17A).
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any
			 adversely affected party may appeal a proposed decision to the superintendent
			 within 30 days after issuance of the proposed decision. Such an appeal is
			 required to exhaust administrative remedies and is a jurisdictional
			 prerequisite to seeking judicial review.
(2)
Review.
The
			 superintendent may initiate review of a proposed decision on the
			 superintendent's own motion at any time within 30 days following the issuance
			 of such a decision.
(3)
Notice of appeal.
An appeal of a proposed decision is
			 initiated by filing a timely notice of appeal with the division of banking. The
			 notice of appeal must be signed by the appealing party or a representative of
			 that party and contain a certificate of service. The notice shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order.
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the division decision on the existing record and whether, on the basis
			 of the grounds enumerated in subrule 11.27(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the division of banking within 20 days after
			 issuance of the final decision.
(4)
Notice to other parties. A
copy of the application shall be
			 timely mailed by the applicant to all parties of record not joining therein. If
			 the application does not contain a certificate of service, the division of
			 banking shall serve copies on all parties.
(5)
Disposition.
Any
			 application for a rehearing shall be deemed denied unless the division grants
			 the application within 20 days after its filing.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.29 - Stays of Division Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the division of banking for a stay
			 of an order issued in that proceeding or for other temporary remedies, pending
			 review by the division. The petition shall be filed with the notice of appeal
			 and shall state the reasons justifying a stay or other temporary remedy. The
			 superintendent may rule on the stay or authorize the presiding officer to do
			 so.
b. Any party to a contested
			 case proceeding may petition the division of banking for a stay or other
			 temporary remedies pending judicial review of all or part of that proceeding.
			 The petition shall state the reasons justifying a stay or other temporary
			 remedy. Seeking a stay from the division is required to exhaust administrative
			 remedies prior to seeking a stay from the district court.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.30 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.31 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency action.
To the extent necessary to prevent
			 or avoid immediate danger to the public health, safety, or welfare and,
			 consistent with the Constitution and other provisions of law, the
			 superintendent may issue a written order in compliance with 1998 Iowa Acts,
			 chapter 1202, section 21, to suspend a license in whole or in part, order the
			 cessation of any continuing activity, order affirmative action, or take other
			 action within the jurisdiction of the superintendent by emergency adjudicative
			 order. Before issuing an emergency adjudicative order the superintendent shall
			 consider factors including, but not limited to, the following:
a. Whether there has been a sufficient
			 factual investigation to ensure that the division is proceeding on the basis of
			 reliable information;
b. Whether
			 the specific circumstances which pose immediate danger to the public health,
			 safety or welfare have been identified and determined to be
			 continuing;
c. Whether the person
			 required to comply with the emergency adjudicative order may continue to engage
			 in other activities without posing immediate danger to the public health,
			 safety or welfare;
d. Whether
			 imposition of monitoring requirements or other interim safeguards would be
			 sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the division is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 12 - Uniform Waiver Rules › Rule 187-12.1 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				waivers from rules adopted by the superintendent in situations where no other
				more specifically applicable law provides for waivers. The intent of this
				chapter is to allow persons to seek exceptions to the application of rules
				issued by the superintendent. This chapter shall not apply to rules that merely
				define the meaning of a statute or other provision of law or precedent if the
				division does not possess delegated authority to bind the courts to any extent
				with its definition. 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 chapter with respect to any waiver from that
				rule.
(1)
Definitions.
"Person "
means an individual, corporation,
				limited liability company, government or governmental subdivision or agency,
				business trust, estate, trust, partnership or association, or any legal
				entity.
"Superintendent"
means the superintendent of
				banking appointed by the governor to direct and regulate banks pursuant to Iowa
				Code chapter 524.
"Waiver "
means an agency action which
				suspends in whole or in part the requirements or provisions of a rule as
				applied to an identified person on the basis of the particular circumstances of
				that person.
(2)
Applicability.
a. The
			 superintendent may grant a waiver from a rule adopted by the superintendent
			 only if (1) the superintendent has jurisdiction over the rule; (2) no statute
			 or rule otherwise controls the granting of a waiver from the rule from which
			 waiver is requested; and (3) the requested waiver is consistent with applicable
			 statutes, constitutional provisions, or other provisions of law.
b. No waiver may be granted from a
			 requirement which is imposed by statute.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 12 - Uniform Waiver Rules › Rule 187-12.2 - Superintendent Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
The decision on whether the circumstances justify the granting
				of a waiver shall be made at the discretion of the superintendent upon
				consideration of all relevant factors. Each petition for a waiver shall be
				evaluated by the superintendent based on the unique, individual circumstances
				set out in the petition.
(1)
Criteria for waiver.
The superintendent may, in response to a
			 completed petition, grant a waiver from a rule, in whole or in part, as applied
			 to the circumstances of a specified situation if the superintendent finds all
			 of the following:
a. The application of the
			 rule would result in an undue hardship on the person 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 person;
c. The provisions of the rule subject to the
			 petition for 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.
In determining whether a waiver should be granted, the
				superintendent shall consider the public interest, policies and legislative
				intent of the statute on which the rule is based. When the rule from which a
				waiver is sought establishes administrative deadlines, the superintendent shall
				balance the special individual circumstances of the petitioner with the overall
				goal of uniform treatment of all similarly situated persons.
Iowa Administrative Code › Agency 187 - Banking Division › Chapter 12 - Uniform Waiver Rules › Rule 187-12.3 - Requester's Responsibilities in Filing a Waiver Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
All
			 petitions for waiver must be submitted in writing to the Banking Division, 200
			 East Grand Avenue, Suite 300, Des Moines, Iowa 50309. If the petition relates
			 to a pending contested case, a copy of the petition shall also be filed in the
			 contested case proceeding.
(2)
Content of petition.
A petition for waiver shall include the
			 following information where applicable and known to the requester (for an
			 example of a petition for waiver, see Exhibit A at the end of this chapter):
a. A description and citation of the specific
			 rule from which a waiver is requested.
b. The specific waiver requested, including
			 the precise scope and operative period that the waiver will extend.
c. The relevant facts that the petitioner
			 believes would justify a waiver under each of the four criteria specified in
			 subrule 12.2(1).
d. A signed
			 statement from the petitioner attesting to the accuracy of the facts provided
			 in the petition and a statement of reasons that the petitioner believes will
			 justify a waiver.
e. A history of
			 any prior contacts between the superintendent and the petitioner relating to
			 the regulated activity, license, grant, loan or other financial assistance
			 affected by the proposed waiver, including a description of each affected
			 license, grant, loan or other financial assistance held by the requester, any
			 notices of violation, contested case hearings, or investigative or examination
			 reports relating to the regulated activity, license, grant or loan within the
			 past five years.
f. Any information
			 known to the requester regarding the treatment of similar cases by the
			 superintendent.
g. The name,
			 address, and telephone number of any public agency or political subdivision
			 which also regulates the activity in question or which might be affected by the
			 granting of a waiver.
h. The name,
			 address, and telephone number of any person or entity that would be adversely
			 affected by the granting of a petition.
i. The name, address, and telephone number of
			 any person with knowledge of the relevant facts relating to the proposed
			 waiver.
j. Signed releases of
			 information authorizing persons with knowledge regarding the request to furnish
			 the superintendent with information relevant to the waiver.