reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 14 - The University of Northern Iowa Organization and General Rules › Rule 681-14.1 - Organization

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statement of university mission.
The University of Northern
			 Iowa is a comprehensive public university with the mission to provide the state
			 and region with the highest quality undergraduate education, as well as
			 professional, graduate, and continuing education programs. Along with being a
			 distinguished arts and sciences university, it maintains outstanding
			 professional programs in areas such as education and business. It provides
			 leadership in the preservice and in-service preparation of teachers,
			 administrators and other educational personnel for schools, colleges, and
			 universities. It offers programs and conducts research and community outreach
			 programs to strengthen the educational, social, cultural, and economic
			 development of Iowa and the larger community.
(2)
Officers.
The university
			 has three statutory officers: president, secretary, and treasurer. The
			 president is the chief administrative officer of the university and has such
			 authority and duties as have been delegated by the board of regents.
The president has nominated and the board of regents has
				appointed four vice presidents. The provost and executive vice president is
				acting president in the president's absence and is the chief academic officer
				of the university, having general administrative responsibility under the
				president for the educational program of the university. The vice president for
				student affairs is responsible for the administration of all student services.
				The vice president for finance and operations serves as the chief fiscal
				officer of the university.
A detailed listing of the university units is shown on the
				organizational chart contained in the directory of the
				university.
(3)
Operation.
In order to fulfill the academic mission of the
			 university, the following academic units have been established: college of
			 business, college of education, graduate college, college of humanities, arts
			 and sciences, college of social and behavioral sciences, office of continuing
			 education and the library.
The dean of each college or unit is its chief administrative
				officer. Academic departments function within the organizational structure of
				colleges. The executive officer of a department is the head, who is the chief
				administrative officer of an academic department.
(4)
Policies and procedures.
The university policies and procedures govern the internal academic and
			 administrative operations of the university. The policies and procedures are
			 available for public inspection on the university website.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 14 - The University of Northern Iowa Organization and General Rules › Rule 681-14.2 - General Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Sales
			 persons or agents for any product, proposition, or cause are prohibited from
			 soliciting employees or students in any building or part of the university
			 property, except with the permission of the vice president for finance and
			 operations in the case of employees or the vice president for student affairs
			 in the case of the students.
(2)
			 Permission is granted in limited cases by the vice president for finance and
			 operations for the solicitation of employees by charitable organizations under
			 all of the following circumstances:
a. The
			 charitable organization presents documentation of its tax-exempt status as
			 provided in Section 501(C)(3) of the Internal Revenue Code.
b. The solicitation is conducted through the
			 university's campus mail system or once a year through an on-campus coordinated
			 campaign of all eligible organizations meeting the conditions and giving
			 written notice to the university of the desire to participate at least 120 days
			 prior to the campaign period.
c.
			 The organization may be expected to pay the administrative and out-of-pocket
			 costs associated with using the university campus mail system or other
			 university facilities.
d. The
			 solicitation by any one charitable organization may occur once in any calendar
			 year and must not interfere with normal operations.
e. No solicitation using the university's
			 facilities may occur except as described above; however, any eligible
			 charitable organization may arrange to conduct information sessions at which no
			 solicitation occurs, at times and places and in a manner the university deems
			 reasonable.
f. Any eligible
			 charitable organization acting pursuant to the authority of this rule may also
			 make use of the payroll deduction system described in Iowa Code sections
			 70A.14 and
			 70A.15, if
			 qualified under the terms of those provisions.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 15 - Iowa Braille and Sight Saving School Organization and General Rules › Rule 681-15.6 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
The school uses a number of forms in its relations with the
				public. They are available from the superintendent's office, Iowa Braille and
				Sight Saving School, Vinton, Iowa 52349.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 15 - Iowa Braille and Sight Saving School Organization and General Rules › Rule 681-15.7 - Contracting Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The board of regents has delegated to the superintendent
				authority to make contracts and agreements as specified in 681-subrule 8.2(3).
				The superintendent has delegated authority for signing such agreements and
				contracts to the business manager in all cases except the following:
1. Employment matters involving deans,
			 directors, principals, faculty, and merit employees are reserved to the office
			 of the superintendent.
2.
			 Application for grants for educational development and research from all
			 sources are signed by the superintendent.
3. Supplies, equipment and services to be
			 ordered from sources outside the school in compliance with board of regents
			 rules, 681-Chapter 8, are purchased only by means of purchase orders or
			 purchase contracts approved and signed by the business manager and based on
			 requisitions submitted to the business manager.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 15 - Iowa Braille and Sight Saving School Organization and General Rules › Rule 681-15.8 - General Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Salespersons or agents for any product, proposition, or cause are prohibited
			 from soliciting employees or students in any building or part of the school
			 property except with the permission of the superintendent of the school.
Permission is given by the superintendent for the solicitation
				of employees by charitable organizations under all of the following
				circumstances:
a. The charitable
			 organization presents documentation of its tax-exempt status as provided in
			 Section 501(C)(3) of the Internal Revenue Code.
b. The solicitation is conducted through the
			 school's campus mail system or once a year through an on-campus coordinated
			 campaign of all eligible organizations meeting the conditions and giving
			 written notice to the school of the desire to participate at least 120 days
			 prior to the campaign period.
c.
			 The organization may be expected to pay the administrative and out-of-pocket
			 costs associated with using the campus mail system or other school
			 facilities.
d. The solicitation by
			 any one charitable organization may occur once in any calendar year.
e. No solicitation using the school's
			 facilities may occur except as described above; however, any eligible
			 charitable organization may arrange to conduct information sessions at which no
			 solicitation occurs, at times and places and in a manner the school deems
			 reasonable.
f. Any eligible
			 charitable organization acting pursuant to the authority of this rule may also
			 make use of the payroll deduction system described in Iowa Code sections
			 70A.14 and
			 70A.15, if
			 qualified under the terms of those provisions.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 15 - Iowa Braille and Sight Saving School Organization and General Rules › Rule 681-15.9 - Transportation Reimbursement

Current through Register Vol. 47, No. 3, July 24, 2024
Transportation reimbursement shall be provided to the parents
				or guardians of children enrolled in the Iowa Braille and Sight Saving School
				at a rate to be established annually by the state board of regents for:
(1) Transportation on a daily basis for
			 children who do not reside at the school.
(2) Not more than 11 trips per year from the
			 institution to the residence of the parent or guardian and return to the
			 institution for children who reside at the school.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 15 - Iowa Braille and Sight Saving School Organization and General Rules › Rule 681-15.10 - Admission Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
To be enrolled at the Iowa Braille and Sight Saving School an
				individual must meet the following criteria:
1. Be visually impaired;
2. Be intellectually and physically capable
			 of benefiting from an educational program;
3. Be under 21 years of age;
4. Be immunized as evidenced by a valid Iowa
			 department of public health certificate of immunization; and
5. Be a resident of the state of Iowa. (The
			 residency requirement will be established on an individual basis consistent
			 with the laws of the state of Iowa and the rules of the state board of
			 regents.)
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 16 - Iowa School for the Deaf Organization and General Rules › Rule 681-16.6 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
The school uses the following forms in its relations with the
				public. They are available from the superintendent's office, Iowa School for
				the Deaf, 3501 Harry Langdon Blvd., Council Bluffs, Iowa 51503-7898.
Application for student admission
Facilities Request Form
Employment-application for employment
This rule is intended to implement Iowa Code section
				262.7.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 16 - Iowa School for the Deaf Organization and General Rules › Rule 681-16.7 - Contracting Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The board of regents has delegated to the superintendent
				authority to make contracts and agreements as specified in the regents policy
				manual. The superintendent has delegated authority for signing such agreements
				and contracts to the business manager in all cases except the following:
1. Employment matters involving directors,
			 principals, and faculty are reserved to the office of the
			 superintendent.
2. Application for
			 grants for educational development and research from all sources are signed by
			 the superintendent.
3. Supplies,
			 equipment, and services to be ordered from sources outside the school in
			 compliance with board of regents rules, 681-Chapter 8, are purchased only by
			 means of purchase orders or purchase contracts approved and signed by the
			 business manager and based on requisitions submitted to the business manager.
This rule is intended to implement Iowa Code section
				262.9.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 16 - Iowa School for the Deaf Organization and General Rules › Rule 681-16.8 - Transportation

Current through Register Vol. 47, No. 3, July 24, 2024
Transportation from the institution to the residence of the
				parents or guardians and return to the institution for children enrolled in the
				Iowa School for the Deaf shall be reimbursed or provided as follows:
1. Transportation or transportation
			 reimbursement at a rate to be established annually by the state board of
			 regents shall be provided to the parents or guardians of children who reside in
			 the Council Bluffs area but do not live at the school and travel daily to the
			 school.
2. Transportation for
			 children who attend the school and live outside the Council Bluffs area shall
			 be provided in accordance with special education law.
This rule is intended to implement Iowa Code section
				262.7.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 16 - Iowa School for the Deaf Organization and General Rules › Rule 681-16.9 - General Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Salespersons or agents for any product, proposition, or cause are prohibited
			 from soliciting employees or students in any building or part of the school
			 property, except with the permission of the superintendent.
(2) Permission is given by the superintendent
			 for the solicitation of employees by charitable organizations under all of the
			 following circumstances:
a. The charitable
			 organization presents documentation of its tax-exempt status as provided in
			 Section 501(C)(3) of the Internal Revenue Code.
b. The solicitation is conducted through the
			 school's campus mail system or once a year through an on-campus coordinated
			 campaign of all eligible organizations meeting the conditions and giving
			 written notice to the school of the desire to participate at least 120 days
			 prior to the campaign period.
c.
			 The organization may be expected to pay the administrative and out-of-pocket
			 costs associated with using the campus mail system or other school
			 facilities.
d. The solicitation by
			 any one charitable organization may occur once in any calendar year.
e. No solicitation using the school's
			 facilities may occur except as described above; however, any eligible
			 charitable organization may arrange to conduct information sessions at which no
			 solicitation occurs, at times and places and in a manner the school deems
			 reasonable.
f. Any eligible
			 charitable organization acting pursuant to the authority of this rule may also
			 make use of the payroll deduction system described in Iowa Code sections
			 70A.14 and
			 70A.15, if
			 qualified under the terms of those provisions.
This rule is intended to implement Iowa Code sections 70A.14,
				70A.15, and 262.9.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency "
means the state board of regents and
				the institutions it governs-State University of Iowa, Iowa State University of
				science and technology, University of Northern Iowa, Iowa School for the Deaf,
				and Iowa Braille and Sight Saving School.
"Custodian "
means the official delegated
				authority by the agency to release records or that official's designee.
				Custodians are as follows: for the state board of regents, the executive
				director; for the State University of Iowa, the institutional secretary; for
				Iowa State University of science and technology, the institutional secretary;
				for the University of Northern Iowa, the institutional secretary; for Iowa
				School for the Deaf, the superintendent; and for Iowa Braille and Sight Saving
				School, the superintendent.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
A
			 request for access to a record should be directed to the office where the
			 record is kept. If the location of the record is not known by the requester,
			 the request shall be directed to Executive Director, State Board of Regents,
			 Old Historical Building, Des Moines, Iowa 50319. The board of regents will
			 forward the request to the appropriate person.
(2)
Office hours.
Open
			 records shall be made available during all customary office hours, which are
			 from 8 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays, and legal
			 holidays. Some offices close for the noon hour from approximately 12 noon to I
			 p.m. Additionally, some office hours may conclude at 4 p.m. during the
			 summer
(3)
Request for
			 access.
Requests for access to records may be in writing or in person.
			 The agency may accommodate telephone requests. Requests shall identify the
			 particular records sought by name or description in order to facilitate the
			 location of the record. Mail requests shall include the name, address, and
			 telephone number of the person requesting the information. A person shall not
			 be required to give a reason for requesting an open record.
(7)
Fees.
c.
Supervisory fee.
An
			 hourly fee may be charged for actual agency expenses in supervising the
			 examination and copying of requested records. The custodian shall prominently
			 post in agency offices the hourly fees to be charged for supervision of records
			 during examination and copying. That hourly fee shall not be in excess of the
			 hourly compensation of an agency clerical employee who ordinarily would be
			 appropriate and suitable to perform this supervisory function.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.6 - Procedure by Which a Subject May Have Additions, Dissents, or Objections Entered Into the Record

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, the subject of a record
				shall be allowed to have a written statement of additions, dissents, or
				objections entered into the record. The subject shall send the statement to the
				custodian of the record or to the board of regents office. The statement must
				be dated and signed by the subject, and shall include the current address and
				telephone number of the subject or the subject's
				representative.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
The subject of a confidential record may consent to agency
				disclosure to a third party of that portion of the record concerning the
				subject. The consent must be in writing and must identify the particular record
				or records that may be disclosed, the particular person, or class of persons,
				to whom the record may be disclosed. The person to whom the record is to be
				disclosed must provide proof of identity. Appearance of counsel on behalf of
				the subject will be deemed consent to disclose records about the subject to
				that attorney.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.9 - Disclosures Without 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 17.10(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.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
"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.
To the extent allowed by law, the following uses are considered
				routine uses of all agency records:
1.
			 Disclosure to those officers, employees, and agents of the agency who have a
			 need for the record in the performance of their duties. The custodian of the
			 record may upon request of any officer or employee, or on the custodian's own
			 initiative, determine what constitutes legitimate need to use confidential or
			 exempt records.
2. Disclosure of
			 information indicating an apparent violation of the law to appropriate law
			 enforcement authorities for investigation and possible criminal prosecution,
			 civil court action, or regulatory order
3. Disclosure to the department of
			 inspections and appeals for matters in which it is performing services or
			 functions on behalf of the agency.
4. Transfers of information within the
			 agency, to other state agencies, or to local units of government as appropriate
			 to administer the program for which the information is collected.
5. Information released to staff of federal
			 and state entities for audit purposes or for purposes of determining whether
			 the agency is operating a program lawfully.
6. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
The subject may consent in writing to agency
			 disclosure of confidential records as provided in rule 17.7(22).
(2)
Complaints to public
			 officials.
A letter from a subject of a confidential record to a
			 public official which seeks the official's intervention on behalf of the
			 subject in a matter that involves the agency may be treated as an authorization
			 to release sufficient information about the subject to the official to resolve
			 the matter.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The subject of a confidential record may file a written request to review
			 confidential records about that person. However, the agency need not release
			 the following records to the subject:
a. The
			 identity of a person providing information to the agency need not be disclosed
			 directly or indirectly to the subject of the information when the information
			 is authorized to be held confidential pursuant to Iowa Code section
			 22.7(18).
b. Records need not be disclosed to the
			 subject when they are the work product of an attorney or are otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 the Iowa Code.
d. As otherwise
			 authorized by law.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information which is collected, maintained, and retrieved by the
				agency by personal identifier in record systems as defined in rule 17.1(22).
				For each record system, this rule describes the legal authority for the
				collection of that information, the means of storage of that information and
				indicates whether a data processing system matches, collates, or permits the
				comparison of personally identifiable information in one record system with
				personally identifiable information in another record system. The record
				systems maintained by the agency are:
(1)
State hoard of regents.
Personnel and employment management information systems. The above listed
			 records system is collected pursuant to the authority of Iowa Code chapter 262.
			 Storage is in paper form and information cannot be matched, collated and
			 compared.
(2)
State
			 University of Iowa.
a. Payroll and
			 personnel information system
b.
			 Professional and scientific employees-employment status information
			 system
c. General service staff
			 employment register
d. Faculty
			 personnel information system
e.
			 Student record information system
f. Student aid resource management
			 system
g. Gifts and grants
			 information management system
h.
			 Annual budget line entry system
i.
			 Student admission information management system
j. Patient information system
k. Hospital management information
			 system
l. Purchasing office
			 management system
m.
			 Construction/jobs management system
n. Event ticket sales systems
o. Motor pool management system
p. Residence halls management systems
All of the above listed records are collected pursuant to the
				authority of Iowa Code chapters 262, 262A, 263, 263A, and 271. All are stored
				in electronic form. Supplementary records in these categories are stored in
				paper form or on microfilm or microfiche. Information in categories
				lettered
"a"
through
"i"
can be matched,
				collated, and compared. Information in categories lettered
"j"
and
"k"
can be matched, collated, and compared. Information in
				categories lettered
"l"
through
"p"
cannot be
				matched, collated, and compared.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.16 - 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 regulations of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable regulations of the
			 agency.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the board of regents for a
				declaratory order as to the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of the board of regents
				at the office of the Board of Regents, 100 Court Avenue, Des Moines, Iowa
				50319. A petition is deemed filed when it is received by that office. The board
				of regents shall provide the petitioner with a file-stamped copy of the
				petition if the petitioner provides the board of regents with an extra copy for
				this purpose. The petition must be typewritten or legibly handwritten in ink
				and must substantially conform to the following form:
BOARD OF REGENTS
Petition by (Name of Petitioner) for a Declaratory Order on
				(Cite provisions of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative, and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.2 - Assignment to Regent Institution

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In matters which relate exclusively or
			 primarily to one of the universities or schools under the governance of the
			 board of regents, the board of regents will normally assign action on
			 declaratory orders to the president or superintendent of the affected
			 institution. The president or superintendent, or the president or
			 superintendent's designee, shall assume all powers of the board of regents to
			 handle and rule on petitions for declaratory orders. Assignment may be made by
			 the executive director of the board of regents and will normally occur within
			 five days of filing of the petition.
(2) Upon assignment of a petition to a
			 president or superintendent, the term "board of regents" in this chapter shall
			 refer to the president or superintendent. Pleadings and documents related to
			 such petitions shall be filed with the president or superintendent, or as
			 designated in writing to the parties, and the documents may be revised to
			 reflect that the matter is before the affected institution.
(3) A party adversely affected by an adverse
			 declaratory order issued by a regent institution may seek review of the order
			 under 681-subrule 11.1(4).
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.3 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the board of regents shall give notice of the petition to all persons
				not served by the petitioner pursuant to rule 18.7(17A) to whom notice is
				required by any provision of law. The board of regents may also give notice to
				any other persons.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.4 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Persons who qualify under any applicable provision of law as an intervenor and
			 who file a petition for intervention within 25 days of the filing of a petition
			 for declaratory order shall be allowed to intervene in a proceeding for a
			 declaratory order.
(2) Any person
			 who files a petition for intervention at any time prior to the issuance of an
			 order may be allowed to intervene in a proceeding for a declaratory order at
			 the discretion of the board of regents.
(3) A petition for intervention shall be
			 filed at the office of the Board of Regents, 11260 Aurora Avenue, Urbandale,
			 Iowa 50322, or, in the case of a matter assigned to an institution, to the
			 person and address indicated in the notice of assignment of the petition. Such
			 a petition is deemed filed when it is received by that office. The board of
			 regents will provide the petitioner with a file-stamped copy of the petition
			 for intervention if the petitioner provides an extra copy for this purpose. A
			 petition for intervention must be typewritten or legibly handwritten in ink and
			 must substantially conform to the following form:
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The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervenor's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervenor's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervenor's representative. It must also include the name, mailing address and
				telephone number of the intervenor and intervenor's representative and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.5 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The board of regents may request a brief from the
				petitioner, any intervenor or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.6 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the Executive Director of the Board of Regents, 11260
				Aurora Avenue, Urbandale, Iowa 50322, or, in the case of a matter assigned to
				an institution, to the person and address indicated in the notice of assignment
				of the petition.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.7 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
Filing-when required.
All petitions for declaratory orders,
			 petitions for intervention, briefs, or other papers in a proceeding for a
			 declaratory order shall be filed with the Board of Regents, 11260 Aurora
			 Avenue, Urbandale, Iowa 50322, or, in the case of a matter assigned to an
			 institution, to the person and address indicated in the notice of assignment of
			 the petition. All petitions, briefs, or other papers that are required to be
			 served upon a party shall be filed simultaneously with the board of regents or,
			 in the case of a matter assigned to an institution, the president or
			 superintendent.
(3)
Method
			 of service, time of filing, and proof of mailing.
Method of service,
			 time of filing, and proof of mailing shall be as provided by rule
			 681-20.12 (17A).
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after
			 receipt of a petition for a declaratory order, the executive director, the
			 president or superintendent or designee shall take action on the petition as
			 required by 1998 Iowa Acts, chapter 1202, section 13(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order is as defined in rule
			 681-20.2
			 (17A).
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its
				conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 18 - Declaratory Orders › Rule 681-18.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the board
				of regents, the petitioner, and any intervenors and is applicable only in
				circumstances where the relevant facts and the law involved are
				indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on the
				board of regents. The issuance of a declaratory order constitutes final agency
				action on the petition.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				all rules adopted by the board of regents 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 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the board
				of regents may, before publication of a Notice of Intended Action under Iowa
				Code section
				17A.4(1)
"a,"
solicit comments from
				the public on a subject matter of possible rule making by the board of regents
				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 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35
			 days before the adoption of a rule the board of regents shall cause Notice of
			 Intended Action to be published in the Iowa Administrative Bulletin. The Notice
			 of Intended Action shall include:
a. A brief
			 explanation of the purpose of the proposed rule;
b. The specific legal authority for the
			 proposed rule;
c. Except to the
			 extent impracticable, the text of the proposed rule;
d. Where, when, and how persons may present
			 their views on the proposed rule; and
e. Where, when, and how persons may demand an
			 oral proceeding on the proposed rule if the notice does not already provide for
			 one.
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the board of regents shall include
				in the notice a statement fully describing the specific subject matter of the
				omitted portion of the text of the proposed rule, the specific issues to be
				addressed by that omitted text of the proposed rule, and the range of possible
				choices being considered by the board of regents for the resolution of each of
				those issues.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.5 - 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 office of the
			 Board of Regents, 11260 Aurora Avenue, Urbandale, Iowa 50322, or the person
			 designated in the Notice of Intended Action.
(2)
Oral proceedings.
The
			 board of regents may, at any time, schedule an oral proceeding on a proposed
			 rule. The board of regents shall schedule an oral proceeding on a proposed rule
			 if, within 20 days after the published Notice of Intended Action, a written
			 request for an opportunity to make oral presentations is submitted to the board
			 of regents by the administrative rules review committee, a governmental
			 subdivision, an agency, an association having not less than 25 members, or at
			 least 25 persons. That request must also contain the following additional
			 information:
a. A request by one or more
			 individual persons must be signed by each of them and include the address and
			 telephone number of each of them.
b. A request by an association must be signed
			 by an officer or designee of the association and must contain a statement that
			 the association has at least 25 members and the address and telephone number of
			 the person signing that request.
c.
			 A request by an agency or governmental subdivision must be signed by an
			 official having authority to act on behalf of the entity and must contain the
			 address and telephone number of the person signing that request.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small
			 business.
A "small business" is defined in 1998 Iowa Acts, chapter
			 1202, section 10(7).
(2)
Mailing list.
Small businesses or organizations of small
			 businesses may be registered on the board of regents small business impact list
			 by making a written application addressed to the office of the Board of
			 Regents, 11260 Aurora Avenue, Urbandale, Iowa 50322. The application for
			 registration shall state:
a. The name of the
			 small business or organization of small businesses;
b. Its address;
c. The name of a person authorized to
			 transact business for the applicant;
d. A description of the applicant's business
			 or organization. An organization representing 25 or more persons who qualify as
			 a small business shall indicate that fact;
e. Whether the registrant desires copies of
			 Notices of Intended Action at cost, or desires advance notice of the subject of
			 all or some specific category of proposed rule making affecting small business.
The board of regents may at any time request additional
				information from the applicant to determine whether the applicant is qualified
				as a small business or as an organization of 25 or more small businesses. The
				board of regents may periodically send a letter to each registered small
				business or organization of small businesses asking whether that business or
				organization wishes to remain on the registration list. The name of a small
				business or organization of small businesses will be removed from the list if a
				negative response is received, or if no response is received within 30 days
				after the letter is sent.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed rule that mandates additional combined expenditures exceeding $100,000
			 by all affected political subdivisions or agencies and entities which contract
			 with political subdivisions to provide services must be accompanied by a fiscal
			 impact statement outlining the costs associated with the rule. A fiscal impact
			 statement must satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the board of regents determines at the
			 time it adopts a rule that the fiscal impact statement upon which the rule is
			 based contains errors, the board of regents shall, at the same time, issue a
			 corrected fiscal impact statement and publish the corrected fiscal impact
			 statement in the Iowa Administrative Bulletin.
Iowa Administrative Code › Agency 681 - Regents Board › Chapter 19 - Procedure for Rule Making › Rule 681-19.8 - Time and Manner of Rule Adoption

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