reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 541 - Management Department › Chapter 11 - Grants Enterprise Management System › Rule 541-11.3 - Gems Coordinator

Current through Register Vol. 47, No. 3, July 24, 2024
The GEMS facilitator will coordinate all aspects of GEMS under
				Iowa Code sections 8.9 and
				8.10. The GEMS coordinator
				will:
1. Identify and execute
			 strategies to secure nonstate funds;
2. Ensure that all agencies utilize the Iowa
			 grants database to track all competitive grant applications;
3. Ensure that all agencies utilize the I/3
			 grant tracking module for all grants received;
4. Operate as the state's single point of
			 contact, pursuant to Federal Executive Order 12372;
5. Establish a grants network, representing
			 all state agencies, to operate in an advisory capacity;
6. Assign a state application identifier
			 (SAI) number at each stage of the application process: notification of intent,
			 application submitted, and final status;
7. Review competitive grant applications of
			 special significance, at the coordinator's discretion;
8. Serve as liaison with the state single
			 point of contact in contiguous states;
9. In cooperation with other state agencies,
			 monitor and refine the GEMS competitive grants review procedures;
10. Maintain a list of state agency grants
			 coordinators;
11. Ensure, to the
			 greatest degree practicable, that all GEMS competitive grants reviews are
			 conducted in accordance with these rules;
12. Provide training and policy guidance;
			 and
13. Provide status and results
			 reports to appropriate contacts on an as-needed basis.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 11 - Grants Enterprise Management System › Rule 541-11.4 - Grants Network

Current through Register Vol. 47, No. 3, July 24, 2024
The grants network includes representation from all state
				agencies. Agency representatives will serve as agency grants coordinators. All
				agency grants coordinators will work with the GEMS coordinator to implement
				Iowa Code section 8.10 and do the
				following:
1. Communicate relevant
			 information to the GEMS coordinator;
2. Utilize the Iowa grants database to track
			 all competitive grant applications;
3. Utilize the I/3 grant tracking module for
			 all grants received;
4. Inform the
			 Iowa office for state-federal relations of initiatives for which the agency is
			 seeking federal funds; and
5.
			 Participate in issue-specific federal legislation work groups.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 11 - Grants Enterprise Management System › Rule 541-11.5 - Gems Competitive Grants Review System

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the GEMS competitive grants review system is to
				allow state government coordination and review of all competitive grant
				applications in order to avoid duplication and conflicts.
(1)
Agency competitive grants review
			 coordinator.
Agency grants coordinators will:
a. Serve as the agency's competitive grants
			 review coordinator and as liaison between the agency and the GEMS coordinator
			 for the GEMS competitive grants review process.
b. Assist in the evaluation of the GEMS
			 competitive grants review process.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 12 - Das Customer Council › Rule 541-12.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"DAS"
means the department of administrative
				services created by Iowa Code chapter 8A.
"DAS customer council"
means a group
				responsible for overseeing operations with regard to a service funded by fees
				paid by a governmental entity or subdivision receiving the service when the
				department and DAS have determined that DAS will be the sole provider of that
				service.
"Department"
or
"DOM"
means
				the department of management created by Iowa Code chapter 8.
"Economies of scale"
means mass purchasing of
				goods or services, which results in lower average costs.
"Leadership function"
means a service provided
				by the department and funded by a general appropriation. Leadership functions
				typically relate to development of policy and standards and are appropriate
				when standardization is necessary and the ultimate customer is the
				taxpayer.
"Marketplace service"
means a service that the
				department is authorized to provide but that governmental entities may provide
				on their own or obtain from another provider of the service.
"Quorum"
means the presence of no less than a
				simple majority (50 percent plus 1) of the members eligible to vote.
"Utility service"
means a service funded by
				fees paid by the governmental entity receiving the service and for which DAS is
				the sole provider of the service.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 12 - Das Customer Council › Rule 541-12.3 - Utility Determination

Current through Register Vol. 47, No. 3, July 24, 2024
Services for which the department has determined that DAS will
				be the sole provider are designated "utilities" in Iowa state government.
				Customers may choose the amount of service they purchase, but should buy from
				the single source. Utilities are those services for which a monopoly structure
				makes sense due to economies of scale. The process for determining whether DAS
				will be the sole provider of a service will include consideration of economic
				factors, input from the DAS customer council and input from upper levels of the
				executive branch.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 12 - Das Customer Council › Rule 541-12.4 - Das Customer Council Established

Current through Register Vol. 47, No. 3, July 24, 2024
In order to ensure that DAS utilities provide effective,
				efficient, and high-quality services that benefit governmental entities and the
				citizens they serve, this chapter establishes a DAS customer council for
				services identified as utilities.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 12 - Das Customer Council › Rule 541-12.5 - Das Customer Council Membership

Current through Register Vol. 47, No. 3, July 24, 2024
DAS customer council membership will consist of the chairperson
				and vice chairperson, the Governor's cabinet state agency directors, a judicial
				branch representative overseeing DAS services provided to the judicial branch,
				and two legislative branch representatives overseeing DAS services provided to
				the legislative branch.
(1)
Executive branch agency representation.
The DAS customer
			 council will include directors from the governor's cabinet-level agencies and
			 two noncabinet-level agencies.
(2)
Legislative and judicial branch representation.
If the service
			 to be provided may also be provided to the judicial branch and legislative
			 branch, the provisions of Iowa Code section
			 8.6(15)
"c"
(2) apply.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 12 - Das Customer Council › Rule 541-12.6 - Organization of Das Customer Council

Current through Register Vol. 47, No. 3, July 24, 2024
The operations of the DAS customer council will be governed by
				a set of bylaws as adopted by the DAS customer council. Bylaws will address the
				following issues:
(1)
Member
			 participation.
Each member is expected to attend and actively
			 participate in meetings. Participation will include requesting input and
			 support from the group each member represents.
a. Substitutes for members and alternates
			 absent from meetings will be allowed; however, members may attend by telephone
			 or other electronic means approved by the DAS customer council.
b. Upon the approval of the DAS customer
			 council, an alternate member may be selected by an agency or group that
			 provides a representative to the DAS customer council to participate in DAS
			 customer council meetings and vote in place of the representative when the
			 representative is unable to participate.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 12 - Das Customer Council › Rule 541-12.7 - Powers and Duties of Das Customer Council

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Approval of business
			 plans.
The DAS customer council, in accordance with Iowa Code section
			 8.6(15)
"c"
(1)(b)(i), reviews and recommends business plans. Business
			 plans will include levels of service, service options, investment plans, and
			 other information.
(2)
Complaint resolution.
The DAS customer council will approve
			 the internal procedure for resolution of complaints in accordance with Iowa
			 Code section 8.6(15)
"c"
(1)(b)(ii). The procedure will include, at a minimum, the
			 following provisions:
a. A definition of
			 "complaint," which will convey that this resolution process does not take the
			 place of any other formal complaint, grievance or appeal process necessary by
			 statute or rule.
b. Receipt of
			 complaints.
c. Standards for prompt
			 complaint resolution.
d. Provisions
			 to aggregate, analyze and communicate issues and outcomes in a manner that
			 contributes to overall organizational improvement.
e. Identification of the chairperson and vice
			 chairperson's decision as the final step in the process.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 12 - Das Customer Council › Rule 541-12.8 - Customer Input

Current through Register Vol. 47, No. 3, July 24, 2024
The department will establish procedures to provide for the
				acceptance of input from affected governmental entities. Input may take various
				forms, such as unsolicited comments, response to structured surveys, or an
				annual report on service requirements.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 12 - Das Customer Council › Rule 541-12.9 - Annual Service Listing

Current through Register Vol. 47, No. 3, July 24, 2024
DAS will annually prepare a listing separately identifying
				services determined by the department and DAS to be leadership functions,
				marketplace services, and utilities. The listing will be completed no later
				than September 1 of the fiscal year preceding the proposed effective date of
				the change.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 13 - Suspension and Reinstatement of State Funds › Rule 541-13.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter:
"City"
means a municipal corporation but does
				not include a county, township, school district, or any special-purpose
				district or authority.
"County"
means an administrative subdivision
				in the state governed by a locally elected board of supervisors and may be
				comprised of subdivisions, including cities, townships, school districts, or
				any special-purpose district or authority.
"Declaratory judgment"
means a judgment issued
				by a district court declaring a local entity is in full compliance with Iowa
				Code chapter 27A or 27B.
"Department"
means the Iowa department of
				management pursuant to Iowa Code chapter 8.
"Final judicial determination"
means a
				district court ruling on a civil action brought by the state attorney general's
				office finding a local entity to have violated the provisions of Iowa Code
				chapter 27A or 27B.
"Fiscal year"
means the time period beginning
				on July 1 and ending the following June 30 as defined in Iowa Code section
				8.36.
"Governing body"
means the mayor and city
				council ofa city or the board of supervisors ofa county.
"Local entity"
means the same as defined in
				Iowa Code section 27A.1(4)  or
				27B.1(1).
"State agencies"
means any boards,
				commissions, or departments, as defined by Iowa Code section
				7E.4, or other administrative
				offices or units of the executive branch of the state.
"State funds"
means those funds held by the
				state that originate from revenues, fees or receipts collected by the state and
				distributed to local entities. Funds held by the state that are not defined as
				state funds include:
1. Federal funds
			 (unless provided to the state and awarded as a grant by the state).
2. Funds paid out per gubernatorial or
			 presidential emergency proclamation.
3. Any revenue collected and administered by
			 the state on behalf of a local entity due to a locally imposed tax, fee or
			 fine.
4. Any state funds for the
			 provision of wearable body protective gear used for law enforcement
			 purposes.
5. Payment for public
			 protection, utilities, or goods and services.
6. Payment of settlements.
7. Setoffs as defined by Iowa Code section
			 8A.504.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 13 - Suspension and Reinstatement of State Funds › Rule 541-13.2 - Denial of State Funds

Current through Register Vol. 47, No. 3, July 24, 2024
State funds are denied to a local entity in circumstances
				authorized by Iowa Code section
				27A.9(2)  or
				27B.5(2).
(1) The department will send written
			 notification to each state agency to deny state funds. Payments will continue
			 to be made to the local entity until the beginning of the state fiscal year
			 that begins after the date on which a final judicial determination is made, at
			 which time payments will be denied.
(2) If the local entity receives state funds
			 through the county, the department will notify the county so that any needed
			 changes may be made to apportionment systems for property tax credits,
			 exemptions and replacements.
(3)
			 State agencies will contact federal granting agencies in writing to determine
			 how to administer federal funds when state match funds are denied. State
			 agencies may be obligated to discontinue drawing federal funds or issue
			 repayments as instructed by federal granting agencies.
(4) Funds will continue to be denied until
			 the court issues a declaratory judgment declaring that the local entity is in
			 full compliance with Iowa Code chapter 27A or 27B.
Iowa Administrative Code › Agency 541 - Management Department › Chapter 13 - Suspension and Reinstatement of State Funds › Rule 541-13.3 - Reinstatement of Eligibility to Receive State Funds

Current through Register Vol. 47, No. 3, July 24, 2024
In circumstances authorized by Iowa Code section
				27A.10(3)  or
				27B.6(3), the local entity's eligibility to receive state funds is
				reinstated.
(1) The department will
			 send written notification to each state agency to reinstate state funds.
			 Payments will be reinstated to the local entity beginning on the first day of
			 the month following the date on which the declaratory judgment is
			 issued.
(2) State agencies will
			 contact federal partners in writing to determine how to reinstate the drawdown
			 of federal funds when state match funds are reinstated.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 1 - Tort Claims › Rule 543-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules,
"state agency, " "employee of the state, " "claim"
and
"award"
bear the definitions ascribed to them in Iowa Code section 25A.2.
"Board"
means
"state approved hoard"
as defined in section 23.1.
"Executive secretary "
means executive secretary of the state appeal board.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 1 - Tort Claims › Rule 543-1.2 - Meetings of Board

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall meet at a time and place fixed by the chairman or a majority of the board.
(1)
Orders of board.
The board shall be considered in continuous
			 session for the purpose of entering orders, issuing determinations and making
			 awards.
(2)
Quorum.
A majority of the membership of the board shall
			 constitute a quorum for the transaction of all business. But the compromise,
			 settlement or allowance of any claim in an amount larger than $5,000 shall
			 require the approval of all members of the board and of the district court of
			 Polk County.
(3)
Executive
			 secretary.
The director of the department of management shall appoint
			 an employee of the office to serve as executive secretary of the
			 board.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 1 - Tort Claims › Rule 543-1.3 - Form of Claims

Current through Register Vol. 47, No. 3, July 24, 2024
All claims should be typewritten, but claims printed by hand will be accepted if legible.
(1)
Place of filing.
Claims shall be filed in triplicate with the
			 Department of Management, State Capitol, Des Moines, Iowa 50319.
(2)
Verification.
Claims
			 shall be verified.
(3)
Names and signatures. A
claim shall state thereon the name,
			 address, telephone number, and age of the person making the claim and the name,
			 address and telephone number of the attorney, if any, preparing the claim, and
			 their signatures.
(4)
Designation by number
The executive secretary shall assign a
			 number to each claim. Thereafter it may be referred to by such a
			 number
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 1 - Tort Claims › Rule 543-1.4 - Content

Current through Register Vol. 47, No. 3, July 24, 2024
All claims shall set forth information as follows:
(1)
Type of claim.
A claim
			 shall state whether it is against an employee or the state. If the claim is
			 against an employee the name of the employee and the department where employed
			 shall be stated. A separate claim shall be filed for each type by each
			 claimant.
(2)
Description
			 of accident.
State, in detail, all known facts and circumstances
			 attending the damage or injury, identifying persons and property involved and
			 the cause thereof
(3)
In
			 connection with personal injuries or death
a. A detailed description of the nature,
			 extent and duration of any and all injuries.
(1) The names and addresses of any and all
			 physicians, surgeons, dentists or other medical personnel providing treatment
			 or services.
(2) The dates and
			 places of the treatments or services.
(3) The date of the final treatment or
			 service and the name of the physician or other person providing same.
(4) If treatment or services are continuing,
			 the name and address of each physician or other person rendering said treatment
			 or service, and the nature of the treatment or service.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 1 - Tort Claims › Rule 543-1.7 - Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of said copy, the special assistant attorney general shall investigate the claim. The special assistant attorney general shall ex officio be empowered to administer oaths or may take testimony in the form of affidavits, depositions or oral or written interrogatories or otherwise. The special assistant attorney general may compel the attendance of witnesses and certify to any district court for contempt.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 1 - Tort Claims › Rule 543-1.11 - Warrant

Current through Register Vol. 47, No. 3, July 24, 2024
If the board determines the claimant's attorney's fees to be reasonable and the release or covenant not to sue properly executed the director of the department of management shall cause the issuance of a warrant in the amount of the award, payable to claimant and to the claimant's attorney.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 2 - General Provisions › Rule 543-2.1 - Organization

Current through Register Vol. 47, No. 3, July 24, 2024
The state appeal board is an agency of the state having as its purpose the review of objections to public contracts and bonds and to the budgets of counties, school districts, cities, agricultural extension districts, assessors, and county hospitals, and the approval or rejection and payment of claims against the state. The state appeal board consists of the director of the department of management, auditor of state, and treasurer of state and conducts hearings in the above matters. Information may be obtained from and submissions or requests may be made to the Secretary of the State Appeal Board located in the State Capitol Building, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 2 - General Provisions › Rule 543-2.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following words used in this chapter shall have the meaning hereinafter ascribed to them:
"Board"
means the state appeal board as set forth in Iowa Code section 24.26.
"Contested case"
has the meaning given it in Iowa Code section 17A.2(2), but does not include proceedings under Iowa Code chapter 24, 25 or 25A.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 2 - General Provisions › Rule 543-2.3 - Request for Rule Change

Current through Register Vol. 47, No. 3, July 24, 2024
An interested person may file with the secretary of the board a written request that the board adopt, amend, or repeal a rule. To be valid, the request shall:
1. Be addressed to the
			 secretary of the board.
2. State
			 the names of those requesting the change.
3. Set forth the proposed rule, or the prior
			 rule as it would be after amendment.
4. Describe specifically the reason for the
			 proposed rule or requested change.
5. Describe the statutory authority for the
			 new rule or requested change. Within 60 days of the receipt by the secretary of
			 the request, the board shall either deny the request stating the reasons for
			 denial in writing or initiate rule-making proceedings in accordance with Iowa
			 Code chapter 17A.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 2 - General Provisions › Rule 543-2.4 - Declaratory Orders

Current through Register Vol. 47, No. 3, July 24, 2024
Any interested person(s) may submit to the secretary of the board a petition for a declaratory order regarding the application of a statute, rule, decision, order, or other written statement of law or policy to a specific factual situation. The petition requesting the order shall contain the name(s) of the person(s) requesting the order, the specific factual background of the question, the statute, rule, decision, order or other written statement of law or policy deemed applicable and the reasons for the request. The board may demand that the request be clarified or that additional facts be set forth. Failure of the person(s) requesting a declaratory order to clarify the request or set forth additional facts to the satisfaction of the board shall be grounds for dismissal of the petition.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 2 - General Provisions › Rule 543-2.7 - Budget Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
In resolving appeals filed under Iowa Code chapter 24, the board possesses broad discretionary power to determine the manner in which objections are presented and the conduct of hearings and appeals. All proceedings shall be simple and informal and need not conform to technical rules or procedures except to the extent specific administrative rules have been adopted.
This rule is intended to implement Iowa Code sections 24.26 to 24.32.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 3 - General Claims › Rule 543-3.1 - Claims

Current through Register Vol. 47, No. 3, July 24, 2024
General claims include, but are not limited to, the listing of claims found in Iowa Code section 25.2. General claims shall be filed on a form supplied by the executive secretary of the state appeal board. Claims shall be filed with and processed directly by the state agency when the following conditions are met:
1. Claim
			 is an outdated invoice that is over 90 days old, within the same fiscal year
			 and for which moneys are available; or
2. Claim is for an outdated invoice that is
			 from a previous fiscal year and the amount of the reversion is sufficient to
			 pay the claim.
If a claim meets the criteria of 3.1(1) or 3.1(2) below, when
				the agency recommends approval of the claim, it is then to be submitted to the
				department of revenue, accounting bureau, who will process such claims. The
				agency will keep a record of such claims and will report to the state appeal
				board at its next regularly scheduled meeting. The claim shall be submitted to
				the department of revenue on the form prescribed by the state appeal board. The
				department of revenue is authorized by the state appeal board to pay such
				claims from the state appeal board appropriation if sufficient moneys have been
				reverted from the state agency involved. If sufficient moneys have not been
				reverted, or if the agency or the department of revenue recommends denial of
				the claim, the claim is to be forwarded by the state agency to the state appeal
				board for consideration. A record of denied claims shall be submitted quarterly
				to the state appeal board by the state agency.
(1)
Place of filing.
The
			 original and one copy of the general claim shall be filed with the Department
			 of Management, Room 14, State Capitol Building, Des Moines, Iowa
			 50319.
(2)
Verification.
General claims shall be verified.
(3)
Names and signatures.
General claims shall state the name, address and telephone number of the
			 claimant and be signed.
(4)
Designation.
A general claim shall indicate that it is a
			 general claim filed pursuant to Iowa Code chapter 25.
(5)
Designation by number
The executive secretary of the state appeal board shall assign a number to each
			 general claim. Thereafter it may be referred to by such number. If a claim
			 meets the conditions as described in rule 543-3.1 (25) and is filed directly
			 with the state agency, a number will not be assigned.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 3 - General Claims › Rule 543-3.2 - Content

Current through Register Vol. 47, No. 3, July 24, 2024
All general claims shall set forth information as follows:
(1)
Services rendered
			 or merchandise purchased.
An itemized statement indicating the
			 services or merchandise and the name of the state agency or employee involved.
			 If available, a bill for the same shall be attached.
(2)
Refunds.
A detailed
			 statement of the reasons for the refund, indicating the state agency
			 involved.
(3)
Documentation.
Sufficient documentation to support the claim
			 shall be attached.
(4)
Amount.
All amounts for which the claim is filed shall be
			 stated and itemized.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 3 - General Claims › Rule 543-3.3 - Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
The special assistant attorney general assigned to the claims division shall investigate a general claim. The special assistant attorney general shall be empowered ex officio to administer oaths or may take testimony in the form of affidavits, depositions or oral or written interrogatories or otherwise. The special assistant attorney general may compel the attendance of witnesses and certify to any district court for contempt. All information from the investigation shall be included with the report to the state appeal board.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 3 - General Claims › Rule 543-3.5 - Denial

Current through Register Vol. 47, No. 3, July 24, 2024
For those general claims that are denied, the state appeal board shall file with the clerk of the house of representatives and the secretary of the senate a list of such claims together with all reports and recommendations. The claims committee of the legislature shall then review said claims and may make an appropriation for any of them.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 5 - Budget Appeals › Rule 543-5.1 - Organization

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The state appeal board by which protests
			 of local government budgets are considered has statutory authority under Iowa
			 Code chapter 24. The three ex officio and voting members are:
Treasurer of State
Telephone (515)281-5366
Auditor of State
Telephone (515)281-5834
Director of the Department of Management
Telephone (515)281-3322
(2)
			 The board is assisted by the executive secretary named by the board [telephone
			 (515)281-5512], one or more special assistant attorneys general for claims and
			 such other staff support as necessary from their respective offices.
(3) It is the intent of these rules that the
			 manner of presentation and the conduct of hearings and appeals shall be simple
			 and informal, subject only to such rules as may be prescribed by the state
			 appeal board.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 5 - Budget Appeals › Rule 543-5.2 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Inquiries as to procedures may be
			 directed to any appeal board member or the executive secretary at the telephone
			 numbers given.
(2) Written
			 inquiries may be addressed to any one of the members at their respective
			 offices, all of which are located in the State Capitol Building, Des Moines,
			 Iowa 50319.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 5 - Budget Appeals › Rule 543-5.3 - Declaratory Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any interested
			 person(s) may submit to the executive secretary of the board a petition for a
			 declaratory order regarding the application to a specific factual situation of
			 a statute, rule, decision, order, or other written statement of law or policy.
			 The petition requesting the order shall contain the name(s) of the person(s)
			 requesting the order, the specific factual background of the question, the
			 statute, rule, decision, order or other written statement of law or policy
			 deemed applicable and the reasons for the request.
(2) The board may demand that the request be
			 clarified or that additional facts be set forth. Failure of the person(s)
			 requesting a declaratory order to clarify the request or set forth additional
			 facts to the satisfaction of the board shall be grounds for dismissal of the
			 petition.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 5 - Budget Appeals › Rule 543-5.4 - Request for Rule Change

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any interested
			 person(s) may file with the executive secretary of the board a written request
			 that the board adopt, amend or repeal a rule. To be valid, the request shall:
a. Be addressed to the executive secretary of
			 the board.
b. State the name(s) of
			 those requesting the change.
c. Set
			 forth the proposed rule, or the prior rule as it would be after
			 amendment.
d. Describe specifically
			 the reason for the proposed rule or requested change.
e. Describe the statutory authority for the
			 new rule or requested change.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 5 - Budget Appeals › Rule 543-5.5 - Filings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The required number of signatures is
			 subject to voting records. Voting record information is obtained from the
			 county auditor (election commissioner). Verification of the required signatures
			 shall be made by the appeal board.
(2) For a budget or amendment appeal for all
			 local governments other than a city, the protest must be signed by a number of
			 persons in the municipality (local government) equal to one-fourth of 1 percent
			 of those voting for the office of president of the United States or governor,
			 as the case may be, at the last general election in said municipality, but the
			 number shall not be less than 10, and the number need not be more than 100
			 persons.
(3) For a city budget or
			 amendment appeal, the protest must be signed by qualified electors equal in
			 number to one-fourth of 1 percent of the votes cast for governor in the last
			 preceding general election in the city, but the number shall not be less than
			 10 and the number need not be more than 100 persons.
(4) Filings of appeal petitions are to be
			 with the county auditor of the county in which the local government is located
			 or, if more than one county is involved, in that county where the principal
			 administrative offices are located.
(5) It is the responsibility of the county
			 auditor to notify the appeal board and the appropriate local government upon
			 receipt of an appeal petition. Such filing by the auditor is to consist of a
			 copy of the appeal petition, together with a complete copy of the certified
			 budget under appeal. Filing with the appeal board is through its executive
			 secretary.
(6) Any appeal and
			 supporting documents shall be legible. Clear carbon copies or processed copies
			 are acceptable.
(7) Signatures
			 shall be accompanied by legible and full mailing addresses.
(8) Petitioners need not have appeared and
			 entered objection at the public hearing at which the protested budget was
			 considered.
(9) The board shall
			 extend statutory deadlines by the same elapsed time constraints when tardy
			 certification occurs or whenever a different certification date is established
			 by a special charter city.
(10) If
			 more than one appeal with reasonably related issues is filed against the same
			 budget, the board may consolidate or concurrently consider the appeals in a
			 single hearing and may issue a consolidated decision.
(11) There is no required format for an
			 appeal. The content should include:
a. Name of
			 the local government budget being appealed.
b. Statutory authority under which the appeal
			 is taken (Iowa Code chapter 3 84 for cities, and Iowa Code chapter 24 for all
			 other local governments).
c.
			 Decision being protested, summarizing key objections and basic reasons for such
			 objections. This general statement may be expanded at the formal hearing with
			 oral testimony, written briefs, exhibits or other substantive
			 documentation.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 5 - Budget Appeals › Rule 543-5.6 - Scheduling and Notice of Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Dates for
			 hearings shall be set by the appeal board. When a date is set, notice shall be
			 given by certified mail, return receipt requested, to the first ten names on
			 the petition and to the appropriate officials of the local
			 government.
(2) This notice shall
			 be mailed at least five days prior to the hearing.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 5 - Budget Appeals › Rule 543-5.7 - Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Hearings shall be held at scheduled times
			 within the county where the local government is located or headquartered. All
			 parties assume their own expenses except as may otherwise be specifically
			 provided by rule or law.
(2) The
			 appeal board may conduct the hearing or may appoint a deputy (hearing officer)
			 to conduct the hearing and report findings and recommendations to the board for
			 its decision.
(3) The hearing shall
			 be held in a public place and shall be open to the public. The hearing shall be
			 conducted so as to give all parties a fair opportunity to be heard.
(4) The appeal board secretary shall prepare
			 an official record of all proceedings, including testimony and exhibits.
			 Testimony taken by a mechanical recording device may be incorporated by
			 reference if a transcript is not made. A reasonable amount will be charged to
			 cover the cost of providing a duplicate tape or a copy of the transcription for
			 either party. Tapes will be retained for five years following the
			 decision.
(5) If a party entitled
			 to a hearing fails to appear, that party shall be deemed to have waived
			 opportunity for the hearing or to participate in the hearing unless there is
			 show of good cause for such failure.
(6) Legal counsel shall be at the discretion
			 and expense of either party to the appeal.
(7) Parties appearing before the appeal board
			 should select one or two persons to serve as primary spokespersons for their
			 position.
(8) The appeal board
			 shall exclude evidence which is irrelevant, immaterial or unduly
			 repetitious.
(9) Written or printed
			 materials shall be in sufficient quantity to supply at least three copies for
			 the appeal board and one copy for the other party to the appeal.
(10) Any party requesting a certified
			 shorthand or court reporter shall make arrangements for such attendance and
			 expense.
(11) At the outset of each
			 hearing, the presiding appeal board officer shall indicate disposition of
			 rulings on procedural questions and outline ground rules and time limitations
			 to seek to give equal opportunity to both parties and basically permit:
a. Objectors' basic arguments.
b. Local government officials' basic
			 arguments and rebuttal.
c. Rebuttal
			 by objectors.
d. Presentation by
			 authorized third party intervenors.
e. If desired, closing remarks by
			 objectors.
f. If desired, closing
			 remarks by local government officials.
g. Time permitting, comments by interested
			 citizens.
h. Announcement as to
			 adjournment, filing of additional briefs and the probable timing for the
			 decision.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 5 - Budget Appeals › Rule 543-5.8 - Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Decisions shall always be in writing and
			 rendered at a time following the hearing.
(2) The decision shall include:
a. Identification of parties and basic
			 issues.
b. Summary of findings of
			 fact.
c. Summary of conclusions of
			 law.
d. Decision.
e. Reasons for decision.
f. Order for implementation of the
			 decision.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 5 - Budget Appeals › Rule 543-5.9 - Amendments

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Protests of amendments to budgets will be
			 considered within the same general procedures and time constraints as are
			 applicable to original budgets.
(2)
			 Any local budget must be amended by May 31 of the current fiscal year to allow
			 time for a protest hearing to be held and decision rendered before June 30. The
			 amendment of a budget after May 31, which is properly appealed but without
			 adequate time for hearing and decision before June 30, shall be ruled null and
			 void.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 6 - Public Records and Fair Information Practices › Rule 543-6.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency. "
In lieu of the words "(official or body issuing these rules)" insert "state appeal board". As used in these rules, unless the context otherwise requires, "board" means the state appeal board.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 6 - Public Records and Fair Information Practices › Rule 543-6.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In lieu of the words "(insert agency
			 head)" insert "state appeal board, department of management", and in lieu of
			 the words "(insert agency name and address)", insert "State Appeal Board,
			 Department of Management, State Capitol Building, Des Moines, Iowa
			 50319".
(2)
Office
			 hours.
In lieu of the words "(insert customary office hours of at
			 least thirty hours per week, insert hours specified in Iowa Code section
			 22.4) ", insert "8 a.m. to 4:30
			 p.m. daily, excluding Saturdays, Sundays, and legal holidays".
(7)
Fees.
c.
Supervisory fee.
In lieu
			 of the words "(specify time period)", insert "thirty minutes".
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 6 - Public Records and Fair Information Practices › Rule 543-6.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open
			 records are routinely disclosed without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 6.10(17A,22) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the board 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 543 - Appeal Board, State › Chapter 6 - Public Records and Fair Information Practices › Rule 543-6.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects, for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may upon request of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. 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.
e. 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.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 6 - Public Records and Fair Information Practices › Rule 543-6.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a subject individual.
To the extent
			 permitted by law, the subject may consent in writing to agency disclosure of
			 confidential records as provided in rule 6.7(17A,22).
(2)
Complaints to public
			 officials.
A letter from a subject of a confidential record to a
			 public official which seeks the ofiicia's intervention on behalf of the subject
			 in a matter that involves the board may, to the extent permitted by law, be
			 treated as an authorization to release sufficient information about the subject
			 to the official to resolve the matter
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 6 - Public Records and Fair Information Practices › Rule 543-6.12 - 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 as provided in rule 6.6(17A,22). However, the board need not
			 release the following records to the subject:
a. The identity of a person providing
			 information to the board 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)  or
			 other provision of law.
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. (See Iowa
			 Code section 22.7(5).)
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 6 - Public Records and Fair Information Practices › Rule 543-6.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Board records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The state appeal board may withhold recommendations from the attorney general's
			 office when advice is given regarding appeal board claims, based on
			 attorney/client privilege.
(3)
Authority to release confidential records.
The board may have
			 discretion to disclose some confidential records which are exempt from
			 disclosure under Iowa Code section
			 22.7 or other law.
Any person may request permission to inspect records withheld
				from inspection under a statute which authorizes limited or discretionary
				disclosure as provided in rule 6.4(17A,22). If the agency initially determines
				that it will release such records, the agency may, where appropriate, notify
				interested parties and withhold the records from inspection as provided in
				subrule 6.4(3).
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 6 - Public Records and Fair Information Practices › Rule 543-6.16 - Other Records

Current through Register Vol. 47, No. 3, July 24, 2024
The board maintains a variety of records which do not generally contain information pertaining to named individuals. The board maintains the following records, not heretofore listed, which do not generally contain personally identifiable or confidential information: Minutes from meetings, budget protests, and budget hearings.
Iowa Administrative Code › Agency 543 - Appeal Board, State › Chapter 6 - Public Records and Fair Information Practices › Rule 543-6.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the board 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
			 board 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.