reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.1 - 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 "department of inspections and
				appeals".
"Custodian"
means an agency, which owns and
				exercises control over public records. The originating agency, if any, is the
				custodian of records which are used to perform work or a service for the
				originating agency.
"Originating agency "
means any government
				agency which has requested the department to perform work or a service on its
				behalf An originating agency retains custody of all records provided by the
				originating agency to the department.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.3 - 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 "director". In lieu of the
			 words "(insert agency name and address)", insert "Department of Inspections and
			 Appeals, Lucas State Office Building, Des Moines, Iowa 50319".
(2)
Office hours.
In lieu of
			 the words "(insert customary office hours, and if agency does not have
			 customary office hours of at least thirty hours per week, insert hours
			 specified in Iowa Code section
			 22.4) ",
			 insert "8 a.m. to 4:30 p.m. Monday through Friday except legal
			 holidays."
(7)
Fees.
c.
Supervisory fee.
In lieu of "(specify time period)" insert "one
			 hour".
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.6 - 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
In lieu of the words "(designate office)" insert "the
				originating agency, or to the director's office".
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.9 - 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 481-5.10 (17A,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 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.10 - 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 department or the
			 originating agency who have a need for the record in the performance of their
			 duties. The custodian of the record may, upon request of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
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. 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.
4. 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.
5. Any disclosure
			 specifically authorized by the statute under which the record was collected or
			 maintained.
6. Information
			 transferred to any originating agency when inspections and appeals department
			 has completed the authorized audit, investigation, or inspection.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.11 - 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 481-5.7 (17A,22).
(2)
Complaints to public
			 officials.
A letter from a subject of a confidential record to a
			 public official which seeks the official's intervention on behalf of the
			 subject in a matter that involves the agency 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.
(3)
Obtaining information from a
			 third party.
The department of inspections and appeals occasionally
			 requests personally identifiable information from third parties during the
			 course of its authorized audits, investigations, hearings or inspections.
			 Requests to third parties for this information involve the release of
			 confidential identifying information and shall be made in accordance with the
			 department's pertinent statutory authority.
(4)
Child support recovery
			 unit.
Information shared by or with the child support recovery unit of
			 the department of human services pursuant to Iowa Code chapter 252J shall only
			 be used as set forth in Iowa Code section
			 252J.2(4).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A written
			 request to review confidential records may be filed by the subject of the
			 record as provided in rule
			 481-5.6 (17A,22). The department
			 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)  or
			 other provision of law.
b. Records
			 need not be disclosed to the subject when they are the work product of an
			 attorney, or a hearing officer's personal notations to be used by the hearing
			 officer and not intended for public dissemination; or they are otherwise
			 privileged.
c. Investigative
			 reports may be withheld from the subject, except as required by the Iowa Code.
			 (Iowa Code section 22.7(5).)
d. Others authorized by law.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
Agency records are open for public inspection and copying
				unless otherwise provided by rule or law.
(1)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Sealed bids received
			 prior to the time set for public opening of bids. (Iowa Code section
			 72.3)
b. Tax records made available to the
			 agency.
c. Exempt records under
			 Iowa Code section 22.7.
d. Minutes of closed meetings of a government
			 body. (Iowa Code section
			 21.5(5))
e. Identifying details in final
			 orders, decisions and opinions to the extent required to prevent a clearly
			 unwarranted invasion of personal privacy or trade secrets under Iowa Code
			 section 17A.3(1)
"d."
f. Those
			 portions of department staff manuals, instructions or other statements issued
			 which set forth criteria or guidelines to be used by department staff in
			 auditing, in making inspections, in settling commercial disputes or negotiating
			 commercial arrangements, or in the selection or handling of cases, such as
			 operational tactics or allowable tolerances or criteria for the defense,
			 prosecution or settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
			 detection;
(2) Facilitate disregard
			 of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency. (See Iowa Code sections
			 17A.2,
			 17A.3)
g. Confidential records are also described in
			 the rules of each division.
h.
			 Records which constitute attorney work product, attorney-client communications,
			 or which are otherwise privileged. Attorney work product is confidential under
			 Iowa Code sections 22.7(4),
			 622.10 and
			 622.11, Iowa Rule of Civil
			 Procedure 1.503(3), Fed. R. Civ. P. 26(b)(3), and case law. Attorney-client
			 communications are confidential under Iowa Code sections
			 622.10 and
			 622.11, the rules of evidence,
			 the Code of Professional Responsibility, and case law.
i. Any other records made confidential by
			 law.
Iowa Code sections
				10A.105,
				22.7,
				135B.12,
				135C.19,
				217.30, and 272C.6 contain
				specific authority.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.14 - Authority to Release Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
The department 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
				481-5.4 (17A,22). If the
				department initially determines that it will release these records, the
				department may notify interested parties and withhold the records from
				inspection as provided in subrule 5.4(3).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.15 - Personnel Files

Current through Register Vol. 47, No. 3, July 24, 2024
The agency maintains files containing information about
				employees, families and dependents, and applicants for positions with the
				agency. The files include payroll records, biographical information, medical
				information relating to disability, performance reviews and evaluations,
				disciplinary information, information required for tax withholding, information
				concerning employee benefits, affirmative action reports, and other information
				concerning the employer-employee relationship. Some of this information is
				confidential under Iowa Code section
				22.7(11).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				waivers from rules adopted by the department. The intent of this chapter is to
				allow persons to seek exceptions to the application of rules issued by the
				department.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Attached units"
means units attached to the
				department and includes the employment appeal board, child advocacy board,
				racing and gaming commission, and state public defender's office.
"Department"
means the department of
				inspections and appeals authorized by Iowa Code chapter 10A, which is comprised
				of the administrative division, administrative hearings division, audits
				division, health facilities division, inspections division and investigations
				division. Pursuant to Iowa Code section
				7E.2(5),
				five attached units are included in the department.
"Director"
means the director of the
				department of inspections and appeals or the director's designee.
"Director/board"
means the director, board,
				commission or state public defender depending on which one has the
				decision-making authority pursuant to Iowa Code chapter 10A or 7E.
"Person"
means an individual, corporation,
				limited liability company, government or governmental subdivision or
				association, or any legal entity.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.3 - Interpretive Rules

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter shall not apply to rules that merely define the
				meaning of a statute or other provision of law or precedent if the department
				does not possess delegated authority to bind the courts to any extent with its
				definition.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.4 - Compliance With Statute

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall not grant a petition for waiver from a
				rule unless a statute or other provision of law has delegated authority to the
				department sufficient to justify that action and the waiver is consistent with
				the statute or other provision of law. No waiver may be granted from a
				requirement that is imposed by statute, unless the statute itself specifically
				authorizes that action. Any waiver must be consistent with
				statute.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.5 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
At the sole discretion of the director/board, the
				director/board may issue an order, in response to a completed petition,
				granting a waiver from a rule adopted by the department, in whole or in part,
				as applied to the circumstances of a specified person or a specific and
				narrowly drawn class of persons if the director/board finds based on clear and
				convincing evidence that:
1. The
			 application of the rule to the petitioner would pose an undue hardship on the
			 person or class of persons for whom the waiver is requested;
2. The waiver from the requirements of a rule
			 in the specific case would not prejudice the substantial legal rights of any
			 person;
3. The provisions of a rule
			 subject to a petition for a waiver are not specifically mandated by statute or
			 another provision of law; and
4.
			 Substantially equal protection of public health, safety, and welfare will be
			 afforded by a means other than that prescribed in the particular rule for which
			 the waiver is requested.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.6 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				Department of Inspections and Appeals, Office of the Director, Lucas State
				Office Building, 321 East 12th Street, Des Moines, Iowa 50319. If the petition
				relates to a pending contested case, the petition shall also be filed in the
				contested case proceeding.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.7 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, and telephone number of
			 the entity or person for whom a waiver is being requested and the case number
			 of any related contested case.
2. A
			 description and citation of the specific rule from which a waiver is
			 requested.
3. The specific waiver
			 requested, including the precise scope and operative period that the waiver
			 will extend.
4. The relevant facts
			 that the petitioner believes would justify a waiver. This statement shall
			 include a signed statement from the petitioner attesting to the accuracy of the
			 facts provided in the petition and a statement of reasons that the petitioner
			 believes will justify a waiver.
5.
			 A history of any prior contacts between the department and the petitioner
			 relating to the regulated activity, license, appeal, hearing, audit,
			 investigation, inspection, representation or other assigned function of the
			 department that would be affected by the proposed waiver, including a
			 description of each regulated activity, license, appeal, hearing, audit,
			 investigation, inspection, representation or other assigned function of the
			 department, any notices of violation, contested case hearings, or investigative
			 reports relating to the regulated activity, license, appeal, hearing, audit,
			 investigation, inspection, representation or other assigned function of the
			 department within the last five years.
6. Any information known to the requester
			 regarding the department's treatment of similar cases.
7. The name, address, and telephone number of
			 any public agency or political subdivision which also regulates the activity in
			 question or which might be affected by the granting of a waiver.
8. The name, address, and telephone number of
			 any person or entity that would be adversely affected by the granting of a
			 petition.
9. The name, address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver.
10. Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the department with information relevant to the
			 waiver.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.8 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				department may request additional information from the petitioner relative to
				the petition and surrounding circumstances. If the petition was not filed in a
				contested case, the department may, on its own motion or at the petitioner's
				request, schedule a telephonic or in-person meeting between the petitioner and
				the department or department's designee.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.9 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall acknowledge a petition upon receipt. The
				department shall ensure that notice of the pendency of the petition and a
				concise summary of its contents have been provided to all persons to whom
				notice is required by any provision of law within 30 days of the receipt of the
				petition. In addition, the department may give notice to other persons. To
				accomplish this notice provision, the department may require the petitioner to
				serve the notice on all persons to whom notice is required by any provision of
				law and provide a written statement to the department attesting that notice has
				been provided.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.10 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10
				to
				17A.18A
				regarding contested case hearings shall apply to any petition for a waiver of
				rule filed within a contested case and shall otherwise apply to agency
				proceedings for a waiver only when the department so provides by rule or order
				or is required to do so by statute.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.11 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and operative
				period of the waiver if one is issued.
(1)
Director/board
			 discretion.
The decision on whether the circumstances justify the
			 granting of a waiver shall be made at the discretion of the director upon
			 consideration of all relevant factors, except for the below-listed programs,
			 for which the applicable board, commission or state public defender shall make
			 the decision, upon consideration of all relevant factors:
a. Employment appeal board, 486-Chapter
			 1.
b. Child advocacy board,
			 489-Chapter 1.
c. Racing and gaming
			 commission, 491-Chapter 1.
d. State
			 public defender's office, 493-Chapter 1.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.12 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Subject to the provisions of Iowa Code section
			 17A.3(1)
"e,"
the department shall maintain a record of all orders
			 granting or denying waivers under this chapter. All final rulings in response
			 to requests for waivers shall be indexed and available to members of the public
			 at the director's office.
(2)
			 Within 60 days of granting or denying a waiver, the department must make a
			 submission on the Internet site established pursuant to Iowa Code section
			 17A.9A for the submission
			 of waiver information.
a. The submission
			 shall:
(1) Identify the rules for which a
			 waiver has been granted or denied;
(2) Identify the number of times a waiver was
			 granted or denied for each rule;
(3) Include a citation to the statutory
			 provisions implemented by these rules; and
(4) Include a general summary of the reasons
			 justifying the department's actions.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.13 - Voiding or Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver is void if the material facts upon which the request
				is based are not true or if material facts have been withheld. The
				director/board may at any time cancel a waiver upon appropriate notice and
				hearing if the director/board finds that the facts as stated in the request are
				not true, material facts have been withheld, the alternative means of
				compliance provided in the waiver have failed to achieve the objectives of the
				statute, or the requester has failed to comply with the conditions of the
				order.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of conditions in the waiver approval is the
				equivalent of violation of the particular rule for which the waiver is granted
				and is subject to the same remedies or penalties.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the director/board issues an order granting a waiver, the
				order is a defense within its terms and the specific facts indicated therein
				for the person to whom the order pertains in any proceeding in which the rule
				in question is sought to be invoked.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.16 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Any request for an appeal from a decision granting or denying a
				waiver shall be in accordance with the procedures provided in Iowa Code chapter
				17A and rules adopted by the department. An appeal shall be taken within 30
				days of the issuance of the ruling in response to the request unless a contrary
				time is provided by rule or statute.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 6 - Uniform Waiver and Variance Rules › Rule 481-6.17 - Sample Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
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Include the following information in the petition for waiver
				where applicable and known:
1. Provide
			 the petitioner's (the person that is asking for the waiver) name, address and
			 telephone number.
2. Describe and
			 cite the specific rule from which a waiver is requested.
3. Describe the specific waiver requested.
			 Include the exact scope and time period that the waiver will extend.
4. Explain the important facts that the
			 petitioner believes justify the waiver. Include in your explanation (a) why
			 application of the rule would pose an undue hardship to the petitioner; (b) why
			 granting the waiver would not prejudice the substantial legal rights of any
			 person; (c) state whether the provisions of a rule subject to this petition are
			 specifically mandated by statute or another provision of law; and (d) state
			 whether public health, safety and welfare will be affected if the requested
			 waiver is granted.
5. Provide
			 history of prior contacts between the department and the petitioner relating to
			 the regulated activity, license, audit, investigation, inspection or
			 representation that would be affected by the waiver. In that history, include a
			 description of each affected regulated activity, license, appeal, hearing,
			 audit, investigation, inspection, representation or other assigned function of
			 the department, any notices of violation, contested case hearings, or
			 investigative reports relating to the regulated activity, license, appeal,
			 hearing, audit, investigation, inspection, representation or other assigned
			 function of the department within the last five years.
6. Provide information known to the
			 petitioner regarding the department's treatment of similar cases.
7. Provide the name, address and telephone
			 number of any public agency or political subdivision which also regulates the
			 activity in question or which might be affected by the granting of a
			 waiver.
8. Provide the name, address
			 and telephone number of any person or entity that would be adversely affected
			 or disadvantaged by the granting of the waiver.
9. Provide signed releases of information authorizing persons with
			 knowledge regarding the request to furnish the department with information
			 relevant to the waiver.
I hereby attest to the accuracy and truthfulness of the above
				information.
________________________ ___________
Petitioner's signature Date
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 7 - Military Service, Veteran Reciprocity, and Spouses of Active-duty Service Members › Rule 481-7.1 - Applicability and Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
These rules are applicable to any licensing authority under the
				administrative authority of the department pursuant to Iowa Code chapter 10A
				unless that licensing authority has separate rulemaking authority and has
				adopted governing rules. As used in this chapter:
"Department"
means the department of
				inspections, appeals, and licensing.
"License"
means a license, certification,
				registration, permit, approval, renewal, or other similar authorization issued
				by a licensing authority authorizing a person to engage in a profession,
				occupation, or business.
"Licensing authority"
means a board, a
				commission, or any other division or entity of the department that has the
				authority within this state to suspend or revoke a license or deny the renewal
				or issuance of a license authorizing a person to engage in a business,
				occupation, or profession pursuant to Iowa Code chapter 272C.
"Military service"
means honorably serving on
				federal active duty, state active duty, or national guard duty, as defined in
				Iowa Code section 29A.1; in the military services
				of other states, as provided in
				10 U.S.C. Section
				101(c) (2021); or in the
				organized reserves of the United States, as provided in
				10 U.S.C. Section
				10101 (2006).
"Military service applicant"
means an
				individual requesting credit toward licensure for military education, training,
				or service obtained or completed in military service.
"Spouse"
means the spouse of an active-duty
				member of the military forces of the United States.
"Veteran"
means an individual who meets the
				definition of "veteran" in Iowa Code section
				35.1(2).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 8 - Licensing and Child Support Noncompliance, Student Loan Repayment Noncompliance, and Nonpayment of State Debt › Rule 481-8.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter, the following definitions
				apply:
"Applicant"
means a person seeking the
				issuance of a license.
"Department"
means the department of
				inspections, appeals, and licensing.
"License"
means the same as defined in Iowa
				Code sections 252J.1 and
				272D.1.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 8 - Licensing and Child Support Noncompliance, Student Loan Repayment Noncompliance, and Nonpayment of State Debt › Rule 481-8.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this division, the following definitions
				apply:
"Certificate of noncompliance"
means the same
				as defined in Iowa Code section
				252J.1.
"Licensing authority"
means the same as
				defined in Iowa Code section
				252J.1 and includes the
				department and any board, commission, or other entity of the department having
				authority within this state to suspend or revoke a license or deny the renewal
				or issuance of a license authorizing a person to engage in a business,
				occupation, or profession.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 8 - Licensing and Child Support Noncompliance, Student Loan Repayment Noncompliance, and Nonpayment of State Debt › Rule 481-8.3 - Child Support Certificates of Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
The licensing authority will suspend, revoke, or deny the
				issuance or renewal of a license upon the receipt of a certificate of
				noncompliance from the child support recovery unit in accordance with Iowa Code
				chapter 252J. In addition to the procedures set forth in Iowa Code chapter
				252J, the rules in this chapter apply.
(1) Notice required by Iowa Code section
			 252J.8 will be served upon the
			 applicant or licensee by restricted certified mail, return receipt requested;
			 personal service in accordance with Iowa Rule of Civil Procedure 1.305; or the
			 acceptance of service by the applicant or licensee personally or through
			 authorized counsel.
(2) The
			 effective date of the denial, revocation, or suspension is 60 days following
			 service of the notice upon the applicant or licensee.
(3) The licensing authority is authorized to
			 prepare and serve the notice mandated by Iowa Code section
			 252J.8 upon the applicant or
			 licensee.
(4) Applicants and
			 licensees are responsible for keeping the licensing authority informed of all
			 court actions and all child support recovery unit actions taken under or in
			 connection with Iowa Code chapter 252J, including providing the licensing
			 authority copies, within seven days of filing or issuance, of applications
			 filed with the district court pursuant to Iowa Code section
			 252J.9, court orders entered in
			 such actions, and withdrawals of certificates of noncompliance by the child
			 support recovery unit.
(5) All
			 licensing authority fees required for license application, renewal or
			 reinstatement must be paid before a license will be issued, renewed or
			 reinstated after proceedings under Iowa Code chapter 252J.
(6) A licensee or applicant may file an
			 application with the district court within 30 days of service of a licensing
			 authority notice pursuant to Iowa Code sections
			 252J.8 and
			 252J.9. The filing of the
			 application stays the licensing authority's action until the licensing
			 authority receives a court order lifting the stay, dismissing the action, or
			 otherwise directing the licensing authority to proceed. For purposes of
			 determining the effective date of the denial, revocation, or suspension, the
			 licensing authority will count the number of days before the action was filed
			 and the number of days after the action was disposed of by the court.
(7) The licensing authority will notify the
			 applicant or licensee in writing within ten days of the effective date of the
			 denial, suspension, or revocation of a license, and will similarly notify the
			 applicant or licensee when the license is issued, renewed, or reinstated
			 following the licensing authority's receipt of a withdrawal of the certificate
			 of noncompliance.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 8 - Licensing and Child Support Noncompliance, Student Loan Repayment Noncompliance, and Nonpayment of State Debt › Rule 481-8.4 - Student Loan Repayment Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				272C.10(4), a
				person who is in default or delinquent on student loan payments will not be
				denied a license or have a license suspended or revoked solely on the basis of
				such default or delinquency.
This rule is intended to implement Iowa Code section
				272C.4.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 8 - Licensing and Child Support Noncompliance, Student Loan Repayment Noncompliance, and Nonpayment of State Debt › Rule 481-8.5 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this division, the following definitions
				apply:
"Certificate of noncompliance"
means the same
				as defined in Iowa Code section
				272D.1.
"Licensing authority"
means the same as
				defined in Iowa Code section
				272D.1 and includes the
				department and any board, commission, or other entity of the department having
				authority within this state to suspend or revoke a license or deny the renewal
				or issuance of a license authorizing a person to engage in a business,
				occupation, or profession.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 8 - Licensing and Child Support Noncompliance, Student Loan Repayment Noncompliance, and Nonpayment of State Debt › Rule 481-8.6 - State Debt Certificates of Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
The licensing authority will suspend, revoke, or deny the
				issuance or renewal of a license upon the receipt of a certificate of
				noncompliance from the centralized collection unit of the department of revenue
				in accordance with Iowa Code chapter 272D. In addition to the procedures set
				forth in Iowa Code chapter 272D, the rules in this chapter apply.
(1) Notice required by Iowa Code section
			 272D.8 will be served upon the
			 applicant or licensee by restricted certified mail, return receipt requested;
			 personal service in accordance with Iowa Rule of Civil Procedure 1.305; or the
			 acceptance of service by the applicant or licensee personally or through
			 authorized counsel.
(2) The
			 effective date of the denial, revocation, or suspension is 60 days following
			 service of the notice upon the applicant or licensee.
(3) The licensing authority is authorized to
			 prepare and serve the notice mandated by Iowa Code section
			 272D.8 upon the applicant or
			 licensee.
(4) Applicants and
			 licensees are responsible for keeping the licensing authority informed of all
			 court actions and all actions of the department of revenue taken under or in
			 connection with Iowa Code chapter 272D, including providing the licensing
			 authority copies, within seven days of filing or issuance, of applications
			 filed with the district court pursuant to Iowa Code section
			 272D.9, court orders entered in
			 such actions, and withdrawals of certificates of noncompliance by the
			 centralized collection unit.
(5)
			 All licensing authority fees required for license application, renewal or
			 reinstatement must be paid before a license will be issued, renewed or
			 reinstated after proceedings under Iowa Code chapter 272D.
(6) A licensee or applicant may file an
			 application with the district court within 30 days of service of a licensing
			 authority notice pursuant to Iowa Code sections
			 272D.8 and
			 272D.9. The filing of the
			 application stays the licensing authority's action until the licensing
			 authority receives a court order lifting the stay, dismissing the action, or
			 otherwise directing the licensing authority to proceed. For purposes of
			 determining the effective date of the denial, revocation, or suspension, the
			 licensing authority will count the number of days before the action was filed
			 and the number of days after the action was disposed of by the court.
(7) The licensing authority will notify the
			 applicant or licensee in writing within ten days of the effective date of the
			 denial, suspension, or revocation of a license, and will similarly notify the
			 applicant or licensee when the license is issued, renewed, or reinstated
			 following the licensing authority's receipt of a withdrawal of the certificate
			 of noncompliance.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 9 - Contested Cases › Rule 481-9.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to contested case proceedings conducted
				under the authority of the department of inspections and appeals in which the
				director of the department of inspections and appeals is the final
				decision-making authority.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 9 - Contested Cases › Rule 481-9.2 - Initiation of a Contestedcase Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
If the department decides to initiate a contested case
				proceeding upon request or its own initiative, the department shall transmit
				the proceeding to the administrative hearings division, which shall issue a
				notice of hearing and assign the proceeding to an administrative law judge to
				serve as the presiding officer. All contested case proceedings shall be
				conducted pursuant to 481-Chapter 10 and any other administrative rule
				applicable to the specific type of proceeding.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 9 - Contested Cases › Rule 481-9.3 - Director Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A request
			 for review of a proposed decision shall be made within 15 days of issuance of
			 the proposed decision, unless otherwise provided by statute. Requests shall be
			 mailed or delivered by either party to the Director, Department of Inspections
			 and Appeals, Lucas State Office Building, Des Moines, Iowa 50319-0083. Failure
			 to request review will preclude judicial review unless the department reviews
			 on its own motion as follows. The department may review a proposed decision
			 upon its own motion within 15 days of issuance of the proposed
			 decision.
(2) A review shall be
			 based on the record and limited to issues raised in the hearing. The issues
			 shall be specified in the party's request for review.
(3) Each party shall have opportunity to file
			 exceptions and present briefs. The director or a designee of the director may
			 set a deadline for submission of briefs. When the director or the director's
			 designee consents, oral arguments may be presented. A party wishing to make an
			 oral argument shall specifically request it. All parties shall be notified of
			 the scheduled time and place in advance.
(4) The director or the director's designee
			 shall not take any further evidence with respect to issues of fact heard in the
			 hearing except as set forth below. Application may be filed for leave to
			 present evidence in addition to that found in the record of the case. If it is
			 shown to the satisfaction of the director or the director's designee that the
			 additional evidence is material and that there were good reasons for failure to
			 present it in the hearing, the director or the director's designee may order
			 the additional evidence taken upon conditions determined by the director or the
			 director's designee.
(5) Final
			 decisions shall be issued by the director or the director's designee.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 9 - Contested Cases › Rule 481-9.4 - Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
Requests for rehearing shall be made to the director of the
				department within 20 days of issuance of a final decision. A rehearing may be
				granted when new legal issues are raised, new evidence is available or an
				obvious mistake is corrected or when the decision failed to include adequate
				findings or conclusions on all issues. A request for rehearing is not necessary
				to exhaust administrative remedies.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Administrative law judge (ALJ)"
means the
				person who presides over contested cases and other proceedings.
"Agency"
means the agency as defined in Iowa
				Code subsection
				17A.2(1)
				 which has original subject matter
				jurisdiction in the contested case.
"Appointing authority"
means the appointed or
				elected chief administrative head of a department, commission, board,
				independent agency, or statutory office or that person's designee or in the
				case of gubernatorial appointees, the governor.
"Board"
means a licensing board as defined in
				Iowa Code chapter 272C.
"Department"
means the department of
				inspections and appeals (DIA).
"Division "
means the division of
				administrative hearings in the department of inspections and appeals.
"Exparte "
means a communication, oral or
				written, to an ALJ or other decision maker in a contested case without notice
				and an opportunity for all parties to be heard.
"Filing"
is defined in subrule 10.12(3) except
				where otherwise specifically defined by law.
"Issuance "
means the date of mailing of a
				decision or order or date of delivery if service is by other means.
"Party"
means a party as defined in Iowa Code
				subsection
				17A.2(8).
"Personally investigated"
means taking
				affirmative steps to interview witnesses directly or to obtain documents or
				other information directly. The term "personally investigated" does not include
				general direction and supervision of assigned investigators, unsolicited
				receipt of information which is relayed to assigned investigators, review of
				another person's investigative work product in the course of determining
				whether there is probable cause to initiate a proceeding, or exposure to
				factual information while performing other agency functions, including fact
				gathering for purposes other than investigation of the matter which culminates
				in a contested case.
"Proposed decision"
means the administrative
				law judge's recommended findings of fact, conclusions of law, and decision and
				order in contested cases where the agency did not preside.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.2 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Time shall be computed as provided in Iowa Code subsection
				4.1(34). For good cause, the administrative law judge may extend or shorten the
				time to take any action, except as provided otherwise by rule or law.
This rule is intended to implement Iowa Code sections
				10A.801(7) and
				17A.22.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.3 - Requests for a Contested Case Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Requests for a contested case hearing are made to the agency
				with subject matter jurisdiction. That agency shall determine whether to
				initiate a contested case proceeding.
This rule is intended to implement Iowa Code section
				10A.202(1).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.4 - Transmission of Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
			 every proceeding filed with the division, the agency shall complete a
			 transmittal form. The following information is required:
a. The name of the transmitting
			 agency;
b. The name, address and
			 telephone number of the contact person in the transmitting agency;
c. The name or title of the proceeding, which
			 may include a file number;
d. Any
			 agency docket or reference number;
e.A citation to the jurisdictional authority
			 of the agency regarding the matter in controversy;
f. Any anticipated special features or
			 requirements which may affect the hearing;
g. Whether the hearing should be held in
			 person or by telephone conference call;
h. Any special legal or technical expertise
			 needed to resolve the issues in the case;
i. The names and addresses of all parties and
			 their attorneys or other representatives;
j. The date the request for a contested case
			 hearing was received by the agency;
k.A statement of the issues involved and a
			 reference to statutes and rules involved;
l. Any mandatory time limits that apply to
			 the processing of the case;
m.
			 Earliest appropriate hearing date; and
n. Whether a petition or answer is
			 required.