reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.6 - Informal Debriefing

Current through Register Vol. 47, No. 3, July 24, 2024
Within five days of the issuance of a first-tier review
				  decision, on the purchasing entity's own motion or if requested by the
				  appellant or intervenor following an adverse first-tier review decision, the
				  purchasing entity may grant an opportunity for the adversely affected party to
				  appear before the purchasing entity for an informal discussion and debriefing
				  of the basis of the first-tier decision and surrounding facts and circumstances
				  forming the basis of such decision. This is an elective step in the process and
				  is not required as a prerequisite to initiating a second-tier review. Likewise,
				  the purchasing entity is neither required to offer nor required to grant a
				  request for an informal debriefing.
(1) An informal debriefing is intended to
				provide an interested party with an opportunity to share in an informal setting
				the party's concerns with the process leading to the award. A party is not
				required to attend an informal debriefing, but attendance is strongly
				encouraged.
(2) Because proposals,
				notices of appeal, and evaluation committee materials, documentation, analysis,
				and results may contain confidential or proprietary information, a party's
				participation may be contingent on the party's agreeing and consenting to the
				entry of a protective order in accordance with the provisions of this chapter
				governing protective orders, or the discussion will be limited to the public,
				redacted contents of materials or information forming the basis of any
				discussion.
(3) A party may be
				represented by legal counsel at an informal debriefing.
(4) Following the informal debriefing, the
				purchasing entity may affirm, modify, or reverse, in whole or in part, its
				prior decision, or the appellant may withdraw its appeal.
(5) The head of the purchasing entity or that
				person's designee who will serve as final decision maker in the event of a
				third-tier review, as applicable, shall not participate in an informal
				debriefing conducted in accordance with this rule or in preparing any decision
				or order affirming, modifying, or reversing, in whole or in part, a prior
				decision.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.9 - Standards, Burdens, and Remedies Applicable in Vendor Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
The following standards, burden of proof and persuasion, and
				  available remedies shall apply at all stages of review before the purchasing
				  entity, including first-, second-, and third-tier reviews.
(1)
Standard of
				review/prejudice.
Before the purchasing entity, the standard of review
				to be applied during a vendor appeal, including for purposes of either a
				first-, second-, or third-tier review, is whether the procurement process
				substantially complied with the relevant rules or legally binding procedures
				applicable to the award process at issue and, if not, whether there is
				prejudice to the nonprevailing vendor(s) because:
a. The noncompliance demands a conclusion
				that the award process was not conducted fairly, openly or objectively;
				and
b. Compliance with the rule or
				legally binding procedure would have resulted in a different outcome.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.10 - Stay of Agency Action for Vendor Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party appealing the issuance of a
				notice of award may petition for stay of the award pending its review. The
				petition for stay shall be filed with the notice of appeal, shall state the
				reasons justifying a stay, and shall be accompanied by an additional appeal
				bond equal to 120 percent of the total contract value. If the contract value is
				not readily discernable, the office will supply the vendor with an estimate
				upon request, which estimate shall be determinative. A vendor forfeits an
				appeal security if, as determined by the purchasing entity, following
				resolution of the appeal the appeal is determined to have had little or no
				factual or legal basis and was primarily filed to frustrate the procurement
				process or cause hardship for the purchasing entity or another
				vendor.
b. Any party adversely
				affected by a final decision and order may petition the purchasing entity for a
				stay of that decision and order pending judicial review. The petition for stay
				shall be filed with the purchasing entity within five days of receipt of the
				final decision and order and shall state the reasons justifying a
				stay.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.12 - Issues Not for Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
The following are types of challenges that shall not form the
				  basis of a vendor appeal. Any attempted vendor appeal that fits into one of the
				  following categories shall be dismissed anytime sufficient information is
				  obtained to determine the appeal fits into one of the following
				  categories.
(1)
Contract
				administration.
Relating to contract administration. The
				administration of an existing contract is within the discretion of the
				purchasing entity. Disputes between a vendor and the agency are resolved
				pursuant to the disputes clause of the contract.
(2)
Subcontract protests.
Appeals of the award or selection, or proposed award or selection, of a
				subcontractor. Such selection is determined pursuant to the applicable clauses
				of the contract.
(3)
Protests of orders.
Individual orders, statements of work, or
				other transactional documents executed under an existing contract, including a
				master information technology agreement.
(4)
Alternative procurement
				methods.
A decision to procure information technology through a method
				other than a competitive selection process, reverse auction process, or
				prequalification process. Alternative procurement methods that do not properly
				form the basis of a vendor appeal under this chapter include but are not
				limited to:
a. A cooperative procurement
				agreement pursuant to Iowa Code section
				8B.24(5)
"a."
b. A
				negotiated contract under any of the circumstances set forth in Iowa Code
				section
				8B.24(5)
"b"
(1) to (3).
c.
				An intergovernmental agreement with a governmental entity that has the
				resources available to supply the information technology sought.
d. An emergency procurement.
e. A sole source
				procurement.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 20 - Broadband Infrastructure-targeted Service Areas › Rule 129-20.2 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter interprets relevant provisions of Iowa Code
				  sections 8B.1, 8B.10, and 8B.11; implements Iowa Code section 427.1(40); and
				  applies to the office's determinations of whether a broadband block is a
				  targeted service area and to persons who wish to challenge the office's finding
				  on whether a broadband block is a targeted service area. References to Iowa
				  Code chapter 8B or its subparts refer to Iowa Code chapter 8B as amended by
				  2021 Iowa Acts, House File 848, and as will be codified in the 2022 Iowa
				  Code.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 20 - Broadband Infrastructure-targeted Service Areas › Rule 129-20.3 - Broadband Availability Maps and Data Sources

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To
				determine whether a communications service provider facilitates broadband
				service in a particular broadband block at or above the tier 1, tier 2, or tier
				3 download and upload speeds specified in the definition of targeted service
				area as of the as of date, the office may utilize the following data sources:
a. Fixed broadband availability maps and
				corresponding data sources made available by the FCC online.
b. Broadband availability maps and
				corresponding data sources developed or produced by contractors or third
				parties retained or utilized by the office for such purpose.
c. For purposes of identifying or verifying
				the number and location of broadband units within a broadband block, next
				generation (NG) 911 structure data, statewide address location data, or United
				States census data.
d. Other data
				sources made available by or through federal or state agencies, directly or
				indirectly.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 20 - Broadband Infrastructure-targeted Service Areas › Rule 129-20.5 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of appeal.
Within
				20 days after the office makes its final determination of whether a particular
				broadband block constitutes a tier 1, tier 2, or tier 3 targeted service area
				pursuant to rule 129-20.4 (8B,427), any person or party aggrieved or adversely
				affected by such determination may challenge the office's finding by filing a
				notice of appeal with the office.
a. The
				notice of appeal shall set forth:
(1) The
				name, address, telephone number, and email address of the person or
				party;
(2) The particular broadband
				block(s) designation the person or party is challenging by stating:
1. The broadband block number(s) or other
				unique identifier as provided on the statewide map referenced in rule 129-20.4 (8B,427);
2. The county in which
				the broadband block(s) is located as provided on the statewide map referenced
				in rule 129-20.4 (8B,427);
(3) The manner in which the person or party
				is aggrieved or adversely affected by the office's determination; and
(4) The grounds upon which the appeal is
				based.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 20 - Broadband Infrastructure-targeted Service Areas › Rule 129-20.6 - Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
A contested case initiated pursuant to this chapter shall be
				  a contested case proceeding and shall be conducted in accordance with the
				  provisions of the office's rules governing contested case proceedings
				  (129-Chapter 6) unless the provisions of this rule provide otherwise. The
				  definitions in rule 129-6.2 (8B, 17A) shall also apply to this rule.
(1)
Notice of hearing.
Upon
				receipt of a request for a contested case proceeding, the office shall inform
				the department of inspections and appeals of the filing and of relevant
				information pertaining to the appeal in question. The department of inspections
				and appeals shall send a written notice of the date, time and location of the
				hearing to all affected persons or parties who initiated a contested case
				related to the broadband block(s) forming the basis of the contested case, or
				appealed the office's determination of the broadband block(s) forming the basis
				of the contested case pursuant to subrule 20.5(1), or submitted evidence or
				information to the office pursuant to subrule 20.5(3) directly related to the
				broadband block(s) forming the basis of the contested case. The presiding
				officer shall hold a hearing on the matter within 60 days of the date the
				notice of appeal was received by the office.
(2)
Consolidation.
In the
				event any contested cases concerning the same broadband block(s) are initiated
				separately, such matters shall be consolidated.
(3)
Discovery.
The parties
				shall serve any discovery requests upon other parties at least 30 days prior to
				the date set for the hearing. The parties must serve responses to discovery at
				least 15 days prior to the date set for the hearing.
(4)
Witnesses and exhibits.
The parties shall contact each other regarding witnesses and exhibits at least
				10 days prior to the date set for the hearing. In order to avoid duplication or
				the submission of extraneous materials, the parties must meet, either in
				person, by telephone, or by electronic means, prior to the hearing regarding
				the evidence to be presented.
(5)
Telephone hearing.
If the hearing is conducted by telephone or
				other electronic means, the parties must deliver all exhibits to the office of
				the presiding officer at least 3 days prior to the time the hearing is
				conducted. Telephone hearings shall be strongly encouraged.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 21 - Broadband Infrastructure-project Certification › Rule 129-21.2 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to communications service providers who
				  request certification pursuant to Iowa Code section 427.1(40)  from the office
				  that an installation of the broadband infrastructure will facilitate broadband
				  service at or above the download and upload speeds specified in the definition
				  of targeted service area in a targeted service area(s).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 21 - Broadband Infrastructure-project Certification › Rule 129-21.3 - Application for Certification

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for certification shall be completed and
				  submitted by the means specified online at ocio.iowa.gov/broadband. In order to
				  receive certification from the office, applications must be filled out in their
				  entirety. Communications service providers making application to the office
				  will be required to certify that all of the information contained in the
				  application is accurate. If it is later determined that any of the information
				  contained in the application is inaccurate, the office may revoke the
				  certification, in whole or in part. An application for certification shall
				  include without limitation the following information:
1. The communications service provider's
				legal and business name(s) and address(es) and the name, address, telephone
				number, and email address of the person authorized by the communications
				service provider to respond to inquiries regarding the application for
				certification;
2. The broadband
				block number(s) or other unique identifier as provided on the statewide map
				referenced in rule 129-20.4 (8B, 427) for the targeted service area(s) forming
				the basis of the application (i.e., the targeted service area(s) in which the
				installation of the broadband infrastructure will facilitate broadband service
				at or above the download and upload speeds specified in the definition of
				targeted service area);
3. A
				description and overview of the specific technologies to be deployed (e.g.,
				fixed wireless) that will facilitate broadband service at or above the download
				and upload speeds specified in the definition of targeted service
				area;
4. Attestation that the
				broadband infrastructure installed in the targeted service area(s) will
				facilitate broadband service at or above the download and upload speeds
				specified in the definition of targeted service area; and
5. Any other information as requested in the
				application.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 21 - Broadband Infrastructure-project Certification › Rule 129-21.4 - Time of Filing

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for certification must be received by the office
				  at least ten days prior to the closure of the next applicable assessment
				  deadline to be considered by the office for purposes of that reporting cycle.
				  If the office does not receive an application within that time frame, the
				  office may deny the application or consider the application as part of the next
				  assessment cycle. Except as otherwise authorized by the office, an application
				  for certification shall be deemed filed on the date of its actual receipt by
				  the office. Notwithstanding the foregoing, except as otherwise authorized by
				  the office, when an application for certification is filed during an open
				  20-day appeal period specified in 129-subrule 20.5(1) following the publication
				  of an updated statewide map in accordance with rule
				  129-20.4 (8B,427), an
				  application for certification will not be deemed filed prior to the expiration
				  of the 20-day appeal period.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 21 - Broadband Infrastructure-project Certification › Rule 129-21.5 - Notice of Decision and Issuance of Certificate

Current through Register Vol. 47, No. 3, July 24, 2024
Following the timely filing of an application for
				  certification and before the closure of the next assessment cycle, the office
				  shall notify the communications service provider by electronic means of its
				  decision regarding the application for certification. If the decision is to
				  deny the application or part of the application, such notice shall include a
				  concise statement of the office's reasons for such denial, in whole or in part.
				  A determination by the office to deny an application for certification, in
				  whole or in part, may be appealed pursuant to 129-Chapter 6.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 21 - Broadband Infrastructure-project Certification › Rule 129-21.6 - Contents of Certification

Current through Register Vol. 47, No. 3, July 24, 2024
The certification shall state the communications service
				  provider for which the certification is being issued, the broadband block
				  number(s) (as provided on the map referenced in rule 129-21.4 (8B, 427)) of the
				  targeted service area(s) for which the certification is being issued and
				  county(s) in which such targeted service area(s) resides, that the office has
				  determined the broadband block(s) in which the installation will facilitate
				  broadband service are targeted service area(s), that the broadband
				  infrastructure will facilitate broadband service at or above the download and
				  upload speeds specified in the definition of targeted service area, and the
				  date on which the certification is issued by the office. Such certification
				  shall be signed by the CIO.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 21 - Broadband Infrastructure-project Certification › Rule 129-21.7 - Targeted Service Areas Subject to Challenge

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent an application for certification satisfies all
				  other requirements of this chapter, if at the time such application is filed
				  the office's determination of whether a particular broadband block forming the
				  basis of such application, in whole or in part, is a targeted service area
				  currently subject to challenge pursuant to the appeal and contested case
				  procedures set forth in 129-Chapter 20, or the judicial review and appeal
				  procedures outlined in Iowa Code sections 17A. 19 and 17A.20, the office will
				  issue a certification. Notwithstanding the foregoing, the aspect(s) of the
				  office's certification concerning broadband blocks forming the basis of the
				  application for certification that is currently subject to such challenge shall
				  be purely contingent and valid only to the extent the office's original
				  determination is ultimately upheld at the end of the entire appeals process
				  once final, including judicial review and any subsequent appeal. For purely
				  administrative purposes, if a portion of an application for certification is
				  later deemed invalid by operation of this rule, the office may require the
				  communications service provider to file a new application pursuant to rule
				  129-21.3 (8B, 427).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 21 - Broadband Infrastructure-project Certification › Rule 129-21.8 - Certification of Completion and Field Testing

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent applicable, after an installation of broadband
				  infrastructure certified by the office is fully installed in a targeted service
				  area, the communications service provider for which a certification was issued
				  must certify to the office that such installation facilitates broadband service
				  at or above the download and upload speeds specified in the definition of
				  targeted service area. The office may, in its discretion, conduct field tests
				  for compliance with the requirements of Iowa Code section
				  427.1(40)
"b"
at any time after broadband service is available
				  in a targeted service area. Such field tests may include but not be limited to
				  speed tests from any location in a targeted service area in which the project
				  was deployed or, in the case of wireline installations, the communications
				  service provider's network operation center or central office. As applicable,
				  noncompliance may be reported to the attorney general, the department of
				  revenue, or applicable county board of supervisors.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 22 - Broadband Grants Program › Rule 129-22.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in Iowa Code section 8B.1 and rule 129-20.1 (8B,427) shall apply to this chapter. In addition, for purposes of this
				  chapter, the following definitions shall apply:
"Grantee"
means a communications service
				  provider awarded grant funds by the office pursuant to and in accordance with
				  Iowa Code section 8B.11 and these rules.
"Project"
means an installation of broadband
				  infrastructure by a communications service provider that facilitates broadband
				  service at or above the download and upload speeds specified in Iowa Code
				  section 8B.11(1)
"a"
or
"b"
or 8B.11(6),
				  whichever is applicable, in one or more targeted service
				  areas.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 22 - Broadband Grants Program › Rule 129-22.2 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to the broadband grants program
				  established by Iowa Code section 8B.11 and administered by the office. This
				  chapter interprets relevant provisions of Iowa Code sections 8B.1 and 8B.11 and
				  establishes program process, management, and measurement rules designed to
				  ensure the effective and efficient administration and oversight of the program,
				  the key objective of which is to reduce or eliminate unserved and underserved
				  areas in the state, leveraging federal funds and public and private
				  partnerships where possible, by awarding grants to communications service
				  providers that reduce or eliminate targeted service areas by installing
				  broadband infrastructure that facilitates broadband service in targeted service
				  areas at or above the download and upload speeds specified in Iowa Code section
				  8B.11 and this chapter. References to Iowa Code chapter 8B or its subparts
				  refer to Iowa Code chapter 8B as amended by 2021 Iowa Acts, House File 848, and
				  as will be codified in the 2022 Iowa Code.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 22 - Broadband Grants Program › Rule 129-22.3 - Notice Accepting Grant Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The office shall provide notice to
				communications service providers when grant funds become available for
				distribution by the office by posting a "Notice of Funding Availability" (NOFA)
				online at iowagrants.gov and ocio.iowa.gov/broadband.
(2) Such NOFA shall:
a. Generally describe the application
				process.
b. State the date, time,
				and manner by which applications for such grant funds must be submitted to the
				office in order to be eligible for consideration by the office for an award of
				grant funds.
c. State the total
				amount of grant funds available for distribution under the applicable NOFA and
				provide an estimate of the date by which the office anticipates it will issue
				award(s).
d. Describe the factors
				the office will consider in determining whether, to which communications
				service providers, and in what amount(s) to award grant funds.
e. Set forth any measurement, technical,
				scoring, or other similar standards, formulas, or criteria the office will
				utilize in applying any factors considered by the office in determining
				whether, to which communications service providers, and in what amount(s) to
				award grant funds.
f. Identify
				allowable and not disallowed expenditures which may be included in an
				applicant's total project costs and set forth what constitutes sufficient and
				appropriate documentation for purposes of substantiating subsequent requests
				for reimbursement for allowable and not disallowed expenditures.
g. State any other terms, conditions,
				requirements, or processes applicable to communications service providers
				submitting applications for grant funds, including but not limited to any grant
				agreement the office may require a grantee to enter into as a condition of
				receiving grant funds pursuant to subrule 22.6(1).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 22 - Broadband Grants Program › Rule 129-22.4 - Applications for Grant Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application process.
Following the issuance of a NOFA by the
				office, communications service providers may apply to the office for grant
				funds for the installation of broadband infrastructure that facilitates
				broadband service in targeted service areas at or above the download and upload
				speeds specified in Iowa Code section 8B.11. Applications shall be made and
				submitted in accordance with the terms of these rules and the NOFA.
(2)
Contents of application.
In addition to any other questions or requirements established by the NOFA, an
				application shall, at a minimum, include:
a.
				The communications service provider's legal and business name(s) and
				address(es);
b. The name, address,
				telephone number, and email address of the person authorized by the
				communications service provider to respond to inquiries regarding the
				application;
c. The broadband
				block number(s) as provided on the statewide map referenced in rule 129-20.4 (8B,427) for the targeted service area(s) forming the basis of the
				application/project (i.e., the targeted service area(s) in which the proposed
				installation of broadband infrastructure will facilitate broadband service at
				or above the download and upload speeds specified in Iowa Code section
				8B.11;
d. Attestation that the
				broadband infrastructure installed will facilitate broadband service at or
				above the download and upload speeds specified in Iowa Code section
				8B.11;
e. Unless a specific cost
				allocation methodology is identified or required by the office as set forth in
				the NOFA, the specific methods or formulas the communications service provider
				will utilize in allocating the costs of and for broadband infrastructure for
				which reimbursement may be sought in proportion to such infrastructure's actual
				facilitation of broadband service at or above the download and upload speeds
				specified in Iowa Code section 8B.11  in the targeted service areas forming the
				basis of the project;
f. An
				anticipated project completion date in accordance with paragraph
				22.6(3)
"b."
An applicant's anticipated project completion date
				may be used to determine whether a grantee's failure to complete a project in a
				timely manner warrants a finding of noncompliance for purposes of subparagraph
				22.6(4)
"b"
(2).
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 22 - Broadband Grants Program › Rule 129-22.7 - Reallocation of Grant Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to applicable law, including but not limited to Iowa
				  Code section 8B.11(2)
"c,"
if grant funds that the office had
				  previously committed to specific grantees are not ultimately issued to a
				  grantee (e.g., because applicable expenditures are not allowed or are
				  disallowed, applicable expenditures were improperly or incorrectly allocated,
				  or a grantee fails to provide sufficient or appropriate documentation to
				  support a claim for reimbursement) or are otherwise repaid to the office
				  pursuant to a grant agreement entered into between the office and a grantee or
				  these rules, the office may award the grant funds to other previous grantees or
				  applicants or open additional rounds for applications. If the office awards
				  additional grant funds to other grantees or applicants, such grantees shall
				  submit documentation establishing how such grant funds will be expended and
				  may, to the extent applicable, be required to execute contract amendments with
				  the office providing for the expenditure of the additional grant funds and will
				  otherwise be subject to Iowa Code section 8B.11 and these
				  rules.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 22 - Broadband Grants Program › Rule 129-22.8 - Targeted Service Areas Subject to Challenge

Current through Register Vol. 47, No. 3, July 24, 2024
If at the time a grantee is awarded grant funds the office's
				  determination of whether a particular broadband block forming the basis of the
				  grantee's application, in whole or in part, is a targeted service area
				  currently subject to challenge pursuant to the appeal and contested case
				  procedures set forth in 129-Chapter 20, or the office's administration of the
				  award process is subject to challenge pursuant to subrule 22.5(4), including
				  any subsequent judicial review or appeal therefrom as outlined in Iowa Code
				  sections 17A.19 and 17A.20, the office may proceed to enter into a grant
				  agreement with the grantee pursuant to subrule 22.6(1). Notwithstanding the
				  foregoing or any contract executed between the parties to the contrary, the
				  aspect(s) of the office's award(s) that is subject to such challenge at the
				  time of such execution shall be valid and enforceable only to the extent the
				  office's original determination or award process, as applicable, is ultimately
				  upheld at the end of the entire appeals and contested case process once final,
				  including judicial review and any subsequent appeal. If a broadband block is
				  ultimately determined to not constitute a targeted service area, or a portion
				  of an award is later deemed invalid, in whole or in part: the grantee shall not
				  be entitled to any grant funds or reimbursement to the extent of any such
				  noneligibility or invalidity; the office may require the grantee to amend the
				  grant agreement to reflect such result; and the grantee will be required to
				  reimburse the office for any corresponding funds previously distributed by the
				  office.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 1 - Organization › Rule 141-1.1 - Authority and Function

Current through Register Vol. 47, No. 3, July 24, 2024
The office of ombudsman was established by the general assembly
				in 1972 and is charged with the responsibility to investigate complaints from
				any persons regarding administrative actions of Iowa state or local
				governmental agencies and to render objective opinions or recommendations on
				the complaints, in the interests of resolving complaints and improving
				administrative processes and procedures. In addition to the powers and duties
				specified in Iowa Code chapter 2C, the office of ombudsman shall investigate
				complaints received pursuant to Iowa Code section
				23A.4 and serve on the child
				support advisory committee pursuant to Iowa Code section
				217.3A(3).
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 1 - Organization › Rule 141-1.2 - Location and Access

Current through Register Vol. 47, No. 3, July 24, 2024
The office of ombudsman is located at the Ola Babcock Miller
				Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319. The office Web site is
				www.legis.iowa.gov/Ombudsman. The office can be reached at the following
				numbers: telephone (515)281-3592, 1-888-426-6283 (1-888-IA-OMBUD), and TDD/TTY
				(515)242-5065, and fax (515)242-6007. The office can also be reached by
				electronic mail at ombudsman@legis.iowa.gov. Office hours are 8 a.m. to 4:30
				p.m., Monday through Friday, except designated state holidays.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 1 - Organization › Rule 141-1.3 - Composition and Duties of Staff

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Staff.
The office of ombudsman is composed of the following
			 staff positions:
a.
Ombudsman.
The ombudsman is appointed by the legislative
			 council pursuant to Iowa Code section
			 2C.3. The ombudsman shall meet
			 the qualifications specified in Iowa Code section
			 2C.4 and serve for the term of
			 office provided in Iowa Code section
			 2C.5. The ombudsman employs and
			 supervises all staff in the positions and at the salaries authorized by the
			 legislative council.
b.
Deputy ombudsman.
The ombudsman shall designate one of the
			 members of the staff as the deputy ombudsman. The deputy ombudsman shall act as
			 the ombudsman when the ombudsman is absent from the state or becomes disabled,
			 or when the position of ombudsman is vacant, until the vacancy is filled by the
			 legislative council.
c.
Legal counsel.
The legal counsel shall provide legal advice,
			 assistance, and representation to the ombudsman and members of the staff in
			 matters pertaining to their authority and duties and shall perform other
			 assigned duties.
d.
Assistant for corrections.
The assistant ombudsman for
			 corrections is primarily responsible for investigating complaints relating to
			 penal and correctional agencies, and performs other assigned duties.
e.
Assistants.
The assistant
			 ombudsmen receive and investigate complaints and perform other assigned
			 duties.
f.
Support
			 staff.
The support staff performs secretarial, clerical, and other
			 assigned duties.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Administrative action "
means any action,
				decision, omission, policy, practice, procedure, or rule of an agency or any
				failure of an agency to act pursuant to law.
"Agency"
means all governmental entities,
				departments, boards, commissions, councils or institutions, and any officer,
				employee or member thereof acting or purporting to act in the exercise of
				official duties. "Agency" includes any person providing child welfare or
				juvenile justice services under contract with an agency that is subject to
				investigation by the ombudsman. "Agency" does not include:
1. Any court or judge or appurtenant judicial staff;
2. The members, committees, or permanent or temporary staffs of
				the Iowa general assembly;
3. The governor of Iowa or the governor's personal
				staff;
4. Any instrumentality formed pursuant to an interstate compact
				and answerable to more than one state; and
5. Any agency, official or employee of the federal government.
"Employee"
means any employee of any
				agency.
"Officer"
means any officer of any
				agency.
"Person"
means an individual, aggregate of
				individuals, corporation, partnership, or unincorporated association.
"Records"
or
"documents"
means any writings, drawings, graphs, charts, photographs, phonorecords, audio
				recordings, video recordings, and any other data or information stored or
				preserved in any medium.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.2 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Persons who may contact
			 office.
Any person may contact the ombudsman concerning an
			 administrative action by an agency. If a person contacts the ombudsman on
			 behalf of another person whose specific right or interest is directly affected
			 by an administrative action, the ombudsman may request that the affected person
			 contact the ombudsman as the complainant or obtain the consent of the affected
			 person before considering the complaint.
(2)
Methods of contact.
The
			 ombudsman may be contacted at the office of ombudsman or at the site of an
			 agency or other location specified by the ombudsman. No appointment is needed
			 for the initial office visit. Contact may be made by mail, e-mail, telephone,
			 facsimile (fax), office visit, or any other method deemed acceptable by the
			 ombudsman, except as provided in subrule 2.2(3). Contact may also be made
			 indirectly by the receipt of a person's correspondence which is referred or
			 forwarded to the office of the ombudsman.
(3)
Written complaints.
The
			 ombudsman may require complaints to be submitted in writing or on a form
			 prescribed by the ombudsman.
(4)
Assistance by the ombudsman.
If a person is incapable of
			 submitting a written complaint or has difficulty communicating with the
			 ombudsman because of a disability or language barrier, the ombudsman shall
			 assist that person in completing the complaint or make accommodations to
			 facilitate communication with that person.
(5)
Self-initiated
			 complaints.
An investigation into an agency's administrative action
			 may be initiated on the ombudsman's own motion, if the ombudsman determines it
			 is an appropriate subject for investigation.
(6)
Anonymous complaints.
The ombudsman may accept a complaint from an anonymous person. However, if the
			 ombudsman at any time determines the complainant's identity is needed to pursue
			 an investigation of the complaint, the ombudsman may request that the
			 complainant's identity be disclosed. If the identity of the complainant is not
			 disclosed as requested, the ombudsman may decline to pursue investigation of
			 the complaint.
(7)
Information requests.
If a person who contacts the ombudsman
			 requests information, the ombudsman may provide such information, if it relates
			 to state and local government, or refer the person to another agency or to any
			 other appropriate entity or source for the information.
(8)
No fee or charge.
The
			 ombudsman shall not assess any monetary or other charge against any person who
			 contacts the office of ombudsman for assistance.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.3 - Institutional Communications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Correspondence.
Any correspondence from a person confined or
			 residing in an institution or facility under the control of an agency shall be
			 forwarded, unopened and without undue delay, to the office of ombudsman by the
			 institution or facility. Any correspondence from the office of ombudsman to
			 such a person shall be delivered, unopened and without undue delay, by the
			 institution or facility to that person.
(2)
Telephonic
			 communication.
A telephonic communication between a person confined or
			 residing in an institution or facility under an agency's control and any staff
			 member of the office of ombudsman shall not be monitored by any officer or
			 employee of that agency.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.4 - Whistleblower Reprisal Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
State
			 employees.
Notwithstanding the limitations of subrule 2.6(1), the
			 ombudsman may investigate a complaint filed by an employee of a state
			 employment system who alleges that an adverse employment action has been taken
			 against the employee as provided in Iowa Code section
			 70A.28(2). This
			 provision does not apply to employees of those entities excluded from the
			 definition of "agency" under Iowa Code section
			 2C.1(2). This
			 provision applies only to employees who are non-merit employees and employees
			 not covered by a collective bargaining agreement. Complaints must be made to
			 the ombudsman within 30 calendar days following the effective date of the
			 adverse employment action.
(2)
Investigation.
If an investigation of the employee's complaint
			 occurs, the ombudsman shall issue findings in an expeditious manner.
(3)
Investigative findings.
If the employee files an appeal of the adverse employment action with the
			 public employment relations board pursuant to Iowa Code section
			 70A.28(6), the
			 written findings issued by the ombudsman may be introduced as evidence before
			 the public employment relations board.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.5 - Preliminary Review and Inquiry

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review
			 of complaint.
The ombudsman shall review and consider each complaint
			 to determine if it is within the ombudsman's jurisdiction, if it is an
			 appropriate subject for investigation, and if it warrants an investigation,
			 under the criteria in rule
			 141-2.6 (2C).
(2)
Preliminary inquiry.
The
			 ombudsman may make a preliminary inquiry to obtain information for the purpose
			 of making the determination required in subrule 2.5(1). A preliminary inquiry
			 may utilize any of the methods available for investigations under subrule
			 2.9(1). However, a preliminary inquiry shall not be considered an
			 investigation.
(3)
Resolution without investigation.
If, in the course of a
			 preliminary inquiry on the complaint, an agency provides an explanation or
			 response or takes an action which resolves the complaint, the ombudsman may
			 decline to investigate the complaint. The ombudsman shall inform the
			 complainant regarding the resolution of the complaint. However, the resolution
			 of a complaint during a preliminary review and inquiry does not preclude the
			 ombudsman from conducting an investigation into the complaint.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.6 - Criteria for Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Jurisdiction.
The ombudsman has jurisdiction to investigate
			 any administrative action of an agency; however, the ombudsman shall not
			 investigate the complaint of an employee of an agency in regard to that
			 employee's employment relationship with the agency, except as provided in rule
			 141-2.4 (2C,70A).
(2)
Subjects for
			 investigation.
a. An appropriate
			 subject for investigation includes any administrative action which the
			 ombudsman has reason to believe might be:
(1)
			 Contrary to law or regulation;
(2)
			 Unreasonable, unfair, oppressive, or inconsistent with the general course of an
			 agency's functioning, even though it is in accordance with the law;
(3) Based on a mistake of law;
(4) Arbitrary in ascertainments of
			 fact;
(5) Based on improper
			 motivation or irrelevant consideration; or
(6) Unaccompanied by an adequate statement of
			 reasons.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.7 - Decision Not to Investigate

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
			 of decision.
If, after preliminary review and consideration of a
			 complaint, the ombudsman decides not to investigate the complaint, the
			 complainant shall be informed of the decision and the reasons for the decision.
			 The ombudsman may also inform the agency involved of the decision, if such
			 notice is deemed appropriate.
(2)
Referral of nonjurisdictional complaint.
If the ombudsman does
			 not have jurisdictional authority to investigate a complaint, the complainant
			 may be referred to an agency or other appropriate entity or person for
			 assistance.
(3)
Effect of
			 declining investigation.
A decision to decline investigation of a
			 complaint under subrule 2.6(3) does not preclude the ombudsman from inquiring
			 into the complaint or a related subject matter in the future.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.8 - Decision to Investigate

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
			 of decision.
If, after preliminary review and inquiry and
			 consideration, the ombudsman decides to investigate a complaint, the
			 complainant and the agency involved in the complaint shall be notified of the
			 decision.
(2)
Notice to
			 agency.
A notice of investigation to an agency shall be directed to an
			 official or employee of the agency. Such notice may be given simultaneously or
			 in conjunction with any investigative action that is initiated under rule
			 141-2.9 (2C).
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.9 - Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Methods.
The ombudsman
			 may use any one or more of the following methods in conducting an
			 investigation:
a. Review applicable laws,
			 rules, regulations, and policies;
b. Request a statement from an agency
			 providing reasons for taking an administrative action;
c. Make informal verbal or written inquiries
			 to an agency and other persons for assistance or information;
d. Take testimony from any person as provided
			 under rule 141-2.11 (2C).
e. Examine and copy records or documents of
			 an agency;
f. Enter and inspect
			 without advance notice any premises within an agency's control;
g. Attend administrative hearings or
			 proceedings;
h. Issue a subpoena to
			 compel a person to provide sworn testimony or to produce relevant records or
			 documents;
i. Hold private
			 hearings;
j. Convene a public
			 hearing as a forum to obtain public input or comment on a subject of general or
			 broad public concern;
k. Any other
			 method determined appropriate by the ombudsman.
Iowa Administrative Code › Agency 141 - Ombudsman › Chapter 2 - Procedures › Rule 141-2.10 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
Pursuant to
			 Iowa Code subsection 2C.9(5), the
			 ombudsman has power to issue a subpoena to compel any person to appear, give
			 sworn testimony, or produce documentary or other evidence relevant to a matter
			 under inquiry.
(2)
Notice.
The ombudsman shall give reasonable notice of the
			 date, time, place, and purpose for the taking of testimony or the production of
			 documentary or other evidence. Notice shall be served in accordance with the
			 law applicable to the service of subpoenas in civil actions.
(3)
Fees.
A person required
			 to give testimony or produce documentary or other evidence is entitled to
			 payment of the same fees and travel allowances as are payable to a witness
			 whose attendance has been required in a district court of this state.
(4)
Enforcement.
If a person
			 fails or refuses to obey a subpoena, the ombudsman may file a petition with the
			 district court having jurisdiction for an order directing obedience to the
			 subpoena under Iowa Code subsection
			 2C.9(5).