reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VII - Additional Application Requirements and Procedures › Chapter 175 - Application Review and Approval Procedures › Rule 261-175.2 - Application Procedures for Programs Administered by the Authority

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
IVF(2009).
Effective
				July 1, 2009, pursuant to 2009 Iowa Acts, Senate File 344, the grow Iowa values
				fund was updated, streamlined and simplified, preexisting state financial
				assistance programs were repealed and previous funding for these programs was
				transferred to IVF(2009). The fund is administered by the authority, and the
				board has final decision-making authority for IVF(2009) financial assistance
				awards and other activities.
(2)
IVF (2005).
Rescinded IAB 7/15/09, effective 7/1/09.
(3)
Projects funded by program funds
				("old money").
Rescinded IAB 7/15/09, effective 7/1/09.
(4)
Tax credit programs.
The
				authority administers tax credit programs that provide tax incentives for
				approved projects. The authority will review an application to ensure that the
				project meets the requirements for the tax credit programs through which an
				applicant is applying.
(5)
Federal programs.
The authority administers federal programs
				including, but not limited to, the CDBG program. EDSA is the job creation
				component of the CDBG program. The authority will review an application to
				ensure that the project meets the requirements for the programs through which
				an applicant is applying.
(6)
Other state programs.
In addition to the programs described
				herein, the authority administers other state programs. The authority will
				review an application to ensure that the project meets the requirements for the
				tax credit programs through which an applicant is applying.
(7)
Application required.
A
				business or community seeking financial assistance or tax credit benefits from
				an authority program shall submit an application to the authority. The
				applicant shall comply with the authority's application procedures, processes,
				rules, and, as applicable, the wage and benefit requirements for that program
				and its funding source. Application forms and directions for completing the
				forms are available online at the authority's Web site at
www.iowalifechanging.com
or at the
				authority's offices located at 200 East Grand Avenue, Des Moines, Iowa
				50309.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VII - Additional Application Requirements and Procedures › Chapter 175 - Application Review and Approval Procedures › Rule 261-175.3 - Standard Program Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the eligibility requirements of the individual
				  programs applicable to the financial assistance sought, an applicant shall be
				  subject to all of the following requirements:
(1)
Environmental and worker
				safety.
The applicant shall submit to the authority with its
				application for financial assistance a report describing all violations of
				environmental law or worker safety law within the last five years. If, upon
				review of the application, the board finds that a business has a record of
				violations of the law, statutes, rules, or regulations that tends to show a
				consistent pattern, the board shall not make an award of financial assistance
				to the business unless the board finds either that the violations did not
				seriously affect public health, public safety, or the environment or, if such
				violations did seriously affect public health, public safety, or the
				environment, that mitigating circumstances were present.
(2)
Sustained operations.
The applicant shall not have closed or substantially reduced operations in one
				area of this state and relocated substantially the same operations in a
				community in another area of this state. However, this subrule shall not be
				construed to prohibit a business from expanding its operations in a community
				if existing operations of a similar nature in this state are not closed or
				substantially reduced.
(3)
Competition.
The proposed project shall not negatively impact
				other businesses in competition with the business being considered for
				assistance. The authority shall make a good faith effort to identify existing
				Iowa businesses within an industry in competition with the business being
				considered for financial assistance. The authority shall make a good faith
				effort to determine the probability that the proposed financial assistance will
				displace employees of the existing businesses. In determining the impact on
				businesses in competition with the business being considered for financial
				assistance, jobs created or retained as a result of other jobs being displaced
				elsewhere in the state shall not be considered direct jobs created or
				retained.
(4)
Legally
				authorized employment.
The applicant shall only employ individuals
				legally authorized to work in this state. In addition to any and all other
				applicable penalties provided by current law, all or a portion of the
				assistance received by a business which has received financial assistance under
				the program and is found to knowingly employ individuals not legally authorized
				to work in this state is subject to recapture by the authority.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VII - Additional Application Requirements and Procedures › Chapter 175 - Application Review and Approval Procedures › Rule 261-175.4 - Review and Approval of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Staff review for eligibility.
Applications received by the
				authority will be reviewed by program staff to ensure that documentation of
				minimum program eligibility requirements has been submitted by the applicant.
				Complete applications will be forwarded to the appropriate decision maker for
				action.
(2)
Additional
				review factors.
In addition to reviewing an application for
				eligibility, the authority and the board may consider additional factors. Upon
				review of these additional factors, the board may determine that the applicant
				is ineligible to receive assistance until such time as the pending resolution
				of any outstanding issues identified by the board. Additional factors to be
				considered include:
a.
Applicant
				'spast or current performance.
If an applicant has received a prior
				award(s) from the authority, the authority and board will take into
				consideration the applicant's past or current performance under the prior
				award(s).
b.
Results of due
				diligence review.
This review will include, but is not limited to,
				lien searches, reports of violations, lawsuits and other relevant information
				about the applicant.
c.
Report on environmental law compliance.
This report is
				required by rule
				261-1721.
				(15A) and applicable program statutes.
d.
Report on violations of
				law.
This report is required by rule
				261-1722. (15A)
				and applicable program statutes.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VII - Additional Application Requirements and Procedures › Chapter 175 - Application Review and Approval Procedures › Rule 261-175.5 - Local Match Requirements for Project Awards

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirements.
An applicant seeking tax incentives or
				assistance under one of the programs subject to this chapter shall include a
				local match for the project. The amount of the local match shall be as follows:
a. For projects seeking direct assistance
				under any program except EDSA, the amount of the local match shall be 20
				percent of the amount of direct financial assistance requested. For projects
				seeking direct financial assistance under EDSA, the amount of the local match
				shall be 10 percent of the amount requested.
b. For projects seeking tax incentives, the
				local match shall be one of the following:
(1) A tax abatement or exemption for the
				project as provided under Iowa Code chapter 427B. The amount of such a local
				abatement or exemption will be determined according to the period of partial
				exemption described in Iowa Code section
				427B3..
(2) Any other acceptable form of local match,
				as described in this rule, provided the amount of such match is equal to or
				greater than the value of the tax abatement or exemption described in
				subparagraph (1).
c. For
				projects seeking both direct assistance and tax incentives, the amount of local
				match will be based on the amount required for each form of
				assistance.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 187 - Contracting › Rule 261-187.2 - Contract Required

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Notice
				of award. Successful applicants will be notified in writing of an award of
				assistance, including any conditions and terms of the approval.
(2) Contract required. The authority shall
				prepare a contract that includes, but is not limited to, a description of the
				project to be completed by the business; the jobs to be created or retained;
				length of the project completion period and maintenance project completion
				period; the project completion date and maintenance period completion date;
				conditions to disbursement; a requirement for annual reporting to the
				authority; and the repayment requirements of the business or other penalties
				imposed on the business in the event the business does not fulfill its
				obligations described in the contract and other specific repayment provisions
				("clawback provisions") to be established on a project-by-project basis. The
				contract shall include the requirements that must be met to confirm eligibility
				pursuant to the program and the requirements that must be maintained throughout
				the period of the contract in order to retain the incentives or financial
				assistance received.
(3)
				Contract-signing deadline. Successful applicants will be required to execute an
				agreement with the authority within 120 days of the authority's or board's
				approval of an award. Failure to do so may result in action by the entity that
				approved the award (the authority or the board) to rescind the award. The
				120-day time limit may be extended by the final decision maker that approved
				the award (the authority or the board) for good cause shown.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 187 - Contracting › Rule 261-187.3 - Project Completion Date and Maintenance Period Completion Date

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Projects shall be completed by the
				project completion date and maintained through the end of the maintenance date.
				The contract will establish the duration of the project period and maintenance
				period. Requests to change the project completion date and the maintenance
				period completion date shall follow the process for an amended award or
				contract as described in rule 261-187.4(15). A business that was in compliance
				with its maintenance obligations as of March 1, 2020, but not in compliance
				during the COVID-19 impacted period described below, may request, and the
				director may approve, a change to the maintenance period completion date if the
				business demonstrates to the authority's satisfaction that it failed to comply
				because of the COVID-19 pandemic. The business shall describe the impact of the
				pandemic on its ability to comply in such form and content acceptable to the
				authority. For the purposes of this subrule, "COVID-19 impacted period" means
				the period between March 2, 2020, and June 30, 2021. The board shall have the
				authority to extend the COVID-19 impacted period beyond June 30, 2021, if the
				board determines such extension is justified by continued widespread impacts on
				the ability of businesses participating in the program to comply with
				maintenance obligations because of COVID-19.
(2) Projects receiving assistance from
				programs covered by this chapter shall conform to the time periods established
				by this rule.
(3) By the project
				completion date, a recipient shall have completed the project as required by
				the contract. The jobs and project shall be maintained through the end of the
				maintenance period completion date. The project completion date is calculated
				by the authority from the end of the month during which an award is made. For
				example, if an award is made on June 13, 2007, the three-year project
				completion date will be calculated from June 30, 2007. The project completion
				date for this award would be June 30, 2010. The maintenance period completion
				date would be June 30, 2012.
(4)
				The following table describes, by program, the length of the project completion
				period and the maintenance period:
Program
Project Completion Period
Maintenance Period
Total Contract Length
Grow Iowa Values Financial Assistance Program (all
							 components)
3 years
2 more years
5 years
High Quality Jobs Program
3 years
2 more years
5 years
Enterprise Zone Program
3 years
2 more years
5 years
(5)
				Notwithstanding the standard project completion period and maintenance period
				lengths described in subrule 187.3(4), the authority may vary the length of the
				periods provided that the project completion period will not be less than three
				years and the total contract length will not be less than five years.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 187 - Contracting › Rule 261-187.5 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Events
				of default.
The authority may, for cause, determine that a recipient
				is in default under the terms of the contract. The reasons for which the
				authority may determine that the recipient is in default of the contract
				include, but are not limited to, any of the following:
a. Any material representation or warranty
				made by the recipient in connection with the application that was incorrect in
				any material respect when made.
b.
				A material change in the business ownership or structure that occurs without
				prior written disclosure and the permission of the authority.
c. A relocation or abandonment of the
				business or jobs created or retained through the project.
d. Expenditure of funds for purposes not
				described in the application or authorized in the agreement.
e. Failure of the recipient to make timely
				payments under the terms of the agreement, note or other obligation.
f. Failure of the recipient to fulfill its
				job obligations.
g. Failure of the
				recipient to comply with wage or benefit packages.
h. Failure of the recipient to perform or
				comply with the terms and conditions of the contract.
i. Failure of the recipient to comply with
				any applicable state rules or regulations.
j. Failure of the recipient to file the
				required annual report.
k. Failure
				of the recipient to comply with any other provision of the agreement required
				pursuant to Iowa Code section
				15.330 or
				15.330A.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 187 - Contracting › Rule 261-187.6 - Compliance Cost Fees

Current through Register Vol. 47, No. 3, July 24, 2024
An eligible business that executes a contract required
				  pursuant to this chapter is subject to the imposition of certain compliance
				  cost fees as provided in this rule.
(1) One-time fee for closing costs. After
				execution of the contract and prior to the issuance of a tax incentive
				certificate or the disbursement of financial assistance, an eligible business
				shall remit to the authority a one-time compliance cost fee in the amount of
				$500.
(2) Ongoing fees based on
				claims. For each contract with an aggregate tax incentive value of $100,000 or
				greater, the business shall remit a compliance cost fee equal to one-half of 1
				percent of the value of the tax incentives claimed pursuant to the agreement.
				The fee required pursuant to this subrule shall be due and payable upon the
				filing of the business's annual tax return for each tax year in which the
				business claims incentives under the required contract. The authority will
				coordinate with the department of revenue to determine which businesses claim
				incentive benefits each year and will invoice each business accordingly. The
				requirement to pay the fee required under this subrule shall continue for the
				duration of the applicable carryforward period of the tax incentives
				notwithstanding the duration of the other contract requirements.
(3) Applicability. This rule applies to
				contracts entered into under the high quality jobs program and the enterprise
				zone program.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 188 - Contract Compliance and Job Counting › Rule 261-188.2 - Contract Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
The authority shall provide oversight and contract
				  administration to ensure that funded projects are meeting contract
				  requirements. On-site monitoring will be conducted at the project completion
				  date. On-site or remote monitoring will be conducted at the end of the
				  maintenance period.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 188 - Contract Compliance and Job Counting › Rule 261-188.3 - Job Counting and Tracking

Current through Register Vol. 47, No. 3, July 24, 2024
Projects awarded on or after July 1, 2003, shall follow the
				  job counting and tracking procedures described in this chapter. Only jobs that
				  meet or exceed the qualifying wage thresholds will count toward the business's
				  contract job obligations.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 188 - Contract Compliance and Job Counting › Rule 261-188.5 - Job Counting Using Base Employment Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
The authority will count jobs to be created or retained as
				  part of a funded project using a base employment analysis. At the time of
				  application, the business's employment base will be established using payroll
				  records pursuant to subrule 188.4(4). The authority will determine how many
				  jobs at the project location already meet the qualifying wage thresholds (with
				  and without the value of benefits added to the hourly wage). Changes in
				  employment numbers as compared to the business's employment base will be
				  collected and analyzed by the authority as part of the annual reporting
				  process.
(1) A base employment analysis
				will be performed at the following stages of an award:
a. At the time of application, before the
				award is made.
b. Annually during
				the reporting cycle.
c. At the
				project completion date.
d. At the
				maintenance period completion date.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 188 - Contract Compliance and Job Counting › Rule 261-188.6 - Wage Determination for Contract Compliance Purposes

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
This rule
				shall apply for purposes of administering contracts that require a
				determination as to the wage-based compensation provided to
				employees.
(2)
Definition.
As used in
				the authority's contracts, unless the context otherwise requires, "wage" shall
				mean monetary compensation, represented in terms of an hourly rate, paid by an
				employer to an employee for work or services provided, typically on a weekly or
				biweekly basis.
(3)
Determination of wages for contract administration purposes.
When determining wages for contract administration purposes, the wage will
				include only the regular hourly rate that serves as the base level of
				compensation. The wage will not include nonregular forms of compensation such
				as bonuses, unusual overtime pay, commissions, stock options, pensions,
				retirement or death benefits, unemployment benefits, life or other insurance,
				or other fringe benefits.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 189 - Annual Reporting › Rule 261-189.1 - Annual Reporting by Businesses Required (for period ending June 30)

Current through Register Vol. 47, No. 3, July 24, 2024
Recipients shall report annually to the department, in form
				  and content acceptable to the department, about the status of the funded
				  project. The report shall include, but not be limited to, data about base
				  employment, qualifying wages, benefits, project costs, capital investment, and
				  compliance with the contract.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 189 - Annual Reporting › Rule 261-189.2 - January 31 Report by Ided to Legislature

Current through Register Vol. 47, No. 3, July 24, 2024
IDED's legal and compliance group will use the data it
				  collects from businesses to prepare a report on the programs covered in
				  261-Chapter 173 to be included in IDED's consolidated annual report, which is
				  due to the legislature by January 31 each year pursuant to Iowa Code section
				  15104(9). as
				  amended by 2009 Iowa Acts, Senate File 344, section 20.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.1 - Statement of Policy, Purpose and Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The purpose of this chapter is to
				facilitate public access to open records. It also seeks to facilitate
				department determinations with respect to the handling of confidential records
				and the implementation of the fair information practices Act. The agency is
				committed to the policies set forth in Iowa Code chapter 22; agency staff shall
				cooperate with members of the public in implementing the provisions of that
				chapter.
(2) This chapter does not:
a. Require the agency to index or retrieve
				records which contain information about individuals by that person's name or
				other personal identifier.
b. Make
				available to the general public records which would otherwise not be available
				under the public records law, Iowa Code chapter 22.
c. Govern the maintenance or disclosure of,
				notification of or access to, records in the possession of the agency which are
				governed by the rules of another agency.
d. Apply to grantees, including local
				governments or subdivisions thereof, administering state-funded
				programs.
e. Make available records
				compiled by the agency in reasonable anticipation of court litigation or formal
				administrative proceedings. The availability of such records to the general
				public or to any subject individual or party to such litigation or proceedings
				shall be governed by applicable constitutional principles, statutes, rules of
				discovery, evidentiary privileges, and applicable rules of the
				agency.
f. Require the agency to
				create, compare or procure a record solely for the purpose of making it
				available.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency "
means the Iowa department of
				  economic development.
"Confidential record"
in these rules means a
				  record which is not available as a matter of right for examination and copying
				  by members of the public under applicable provisions of law. Confidential
				  records include records or information contained in records that the agency is
				  prohibited by law from making available for examination by members of the
				  public, and records or information contained in records that are specified as
				  confidential by Iowa Code section
				  227., or other
				  provision of law, but that may be disclosed upon order of a court, the lawful
				  custodian of the record, or by another person duly authorized to release the
				  record. Mere inclusion in a record of information declared confidential by an
				  applicable provision of law does not necessarily make that entire record a
				  confidential record.
"Custodian "
in these rules means the
				  director of the Iowa department of economic development or the director's
				  designee.
"Open record"
in these rules means a record
				  other than a confidential record.
"Personally identifiable information "
in
				  these rules means information about or pertaining to an individual in a record
				  which identifies the individual and which is contained in a record
				  system.
"Record"
in these rules means the whole or a
				  part of a "public record," as defined in Iowa Code section
				  221., that is owned
				  by or in the physical possession of this agency.
"Record system "
in these rules means any
				  group of records under the control of the agency from which a record may be
				  retrieved by a personal identifier such as the name of an individual, number,
				  symbol, or other unique retriever assigned to an individual.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
A request for access to a record should be
				directed to the Director's Office, Iowa Department of Economic Development, 200
				East Grand Avenue, Des Moines, Iowa 50309. If a request for access to a record
				is misdirected, agency personnel will promptly forward the request to the
				appropriate person within the agency.
(2)
Office hours.
Open
				records shall be made available during all customary office hours, which are 8
				a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays and legal
				holidays.
(3)
Request for
				access to open records.
a. Requests
				for access to open records may be made in writing, in person, electronically,
				or by telephone.
b. Mail or
				telephone requests shall include the name, address, telephone number, and the
				E-mail address (if available) of the person requesting the information. A
				person shall not be required to give a reason for requesting an open
				record.
c. For all requested
				records, the person making the request shall set forth all available
				information that would assist in locating the records.
d. The request shall set out the maximum
				search fee the requester is prepared to pay. If the maximum search fee is
				reached before all the requested records have been located and copied, the
				requester shall be notified and asked for further directions before the search
				proceeds.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				  227. or other
				  applicable provisions of law, the lawful custodian may disclose certain
				  confidential records to one or more members of the public. Other provisions of
				  law authorize or require the custodian to release specified confidential
				  records under certain circumstances or to particular persons. In requesting the
				  custodian to permit the examination and copying of such a confidential record,
				  the following procedures apply and are in addition to those specified for
				  requests for access to records in rule 195.3(17A,22).
(1)
Proof of identity.
A
				person requesting access to a confidential record may be required to provide
				proof of identity or authority to secure access to the record.
(2)
Requests.
The custodian
				may require a request to examine and copy a confidential record to be in
				writing. A person requesting access to such a record may be required to sign a
				certified statement or affidavit enumerating the specific reasons justifying
				access to the confidential record and to provide any proof necessary to
				establish relevant facts.
(3)
Notice to subject of record and opportunity to obtain
				injunction.
After the custodian receives a request for access to a
				confidential record, and before the custodian releases such a record, the
				custodian may make reasonable efforts to notify promptly any person who is a
				subject of that record, is identified in that record, and whose address or
				telephone number is contained in that record. To the extent such a delay is
				practicable and in the public interest, the custodian may give the subject of
				such a confidential record to whom notification is transmitted a reasonable
				opportunity to seek an injunction under Iowa Code section
				228.,
				and indicate to the subject of the record the specific period of time during
				which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
				custodian denies a request for access to a confidential record, the custodian
				shall promptly notify the requester. If the requester indicates to the
				custodian that a written notification of the denial is desired, the custodian
				shall promptly provide such a notification that is signed by the custodian and
				that includes:
a. The name and title or
				position of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
				authority in the custodian to deny disclosure of the record and a brief
				statement of the reasons for the denial to the requester.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				  request with the custodian to review, and to have a written statement of
				  additions, dissents, or objections entered into, a record containing personally
				  identifiable information pertaining to that person. However, this does not
				  authorize a person who is a subject of such a record to alter the original copy
				  of that record or to expand the official record of any agency proceeding.
				  Requester shall send the request to review such a record or the written
				  statement of additions, dissents, or objections to the custodian. The request
				  to review such a record or the written statement of such a record of additions,
				  dissents, or objections must be dated and signed by the requester, and shall
				  include the current address and telephone number of the requester or the
				  requester's representative.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, a
				  person who is the subject of a confidential record may have a copy of the
				  portion of that record concerning the subject disclosed to a third party. A
				  request for such a disclosure must be in writing and must identify the
				  particular record or records that may be disclosed, and the particular person
				  or class of persons to whom the record may be disclosed (and, where applicable,
				  the time period during which the record may be disclosed). The person who is
				  the subject of the record and, where applicable, the person to whom the record
				  is to be disclosed, may be required to provide proof of identity. Appearance of
				  counsel before the agency on behalf of a person who is the subject of a
				  confidential record is deemed to constitute consent for the agency to disclose
				  records about that person to the person's attorney.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When the agency requests a person to supply information about
				  that person, the agency shall notify the person of the use that will be made of
				  the information, which persons outside the agency might routinely be provided
				  the information, which parts of the requested information are required and
				  which are optional, and the consequences of a failure to provide the
				  information requested. This notice may be given in these rules, on the written
				  form used to collect the information, on a separate fact sheet or letter, in
				  brochures, in formal agreements, in contracts, in handbooks, in manuals,
				  verbally, or by other appropriate means.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.9 - 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 195.10(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 anotice of the disclosure is transmitted
				to the last-known address of the subject.
e. To the legislative services agency under
				Iowa Code section
				2A3.
f.In the course of employee
				disciplinary proceedings.
g. In
				response to a court order or subpoena.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) "Routine use"
				means the disclosure of a record without the consent of the subject or
				subjects, for a purpose which is compatible with the purpose for which the
				record was collected. It includes disclosures required to be made by statute
				other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
				following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
				and agents of the agency who have a need for the record in the performance of
				their duties. The custodian of the record may upon request of any officer or
				employee, or on the custodian's own initiative, determine what constitutes
				legitimate need to use confidential records.
b. Disclosure of information indicating an
				apparent violation of the law to appropriate law enforcement authorities for
				investigation and possible criminal prosecution, civil court action, or
				regulatory order.
c. Disclosure to
				the department of inspections and appeals for matters in which it is performing
				services or functions on behalf of the agency.
d. Transfers of information within the
				agency, to other state agencies, or to local units of government as appropriate
				to administer the program for which the information is collected.
e. Information released to staff of federal
				and state entities for audit purposes or for purposes of determining whether
				the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
				the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
				subject individual.
The subject may consent in writing to agency
				disclosure of confidential records as provided in rule 195.7(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 be treated as an authorization
				to release sufficient information about the subject to the official to resolve
				the matter.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The subject
				of a confidential record may file a written request to review confidential
				records about that person as provided in rule 195.7(17A,22). However, the
				agency need not release the following records to the subject:
a. The identity of a person providing
				information to the agency need not be disclosed directly or indirectly to the
				subject of the information when the information is authorized to be held
				confidential pursuant to Iowa Code section
				227(18)..
b. Records need not be disclosed to the
				subject when they are the work product of an attorney or are otherwise
				privileged.
c. Peace officers'
				investigative reports may be withheld from the subject, except as required by
				the Iowa Code. (See Iowa Code section
				227(5)..)
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				  all rules adopted by the department are subject to the provisions of Iowa Code
				  chapter 17A, the Iowa administrative procedure Act, and the provisions of this
				  chapter.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.1 - Incorporation by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The authority incorporates by this reference all such matters
				  in Iowa Code chapter 17A that relate to procedures for
				  rulemaking.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.2 - Advice on Possible Rules Before Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the
				  department may, before publication of a Notice of Intended Action under Iowa
				  Code section
				  17A4(1).
"a, "
solicit comments from the public on a subject matter of
				  possible rule making by the department by causing notice to be published in the
				  Iowa Administrative Bulletin of the subject matter and indicating where, when,
				  and how persons may comment.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.2 - Contact Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Inquiries about authority rules and the rulemaking
				process may be directed to Director, Iowa Economic Development Authority, 1963
				Bell Avenue, Suite 200, Des Moines, Iowa 50315.
(2)
Comments on proposed
				rules.
Any public comment on a Notice of Intended Action or similar
				document relating to rules may be directed to Director, Iowa Economic
				Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, or
				as directed in the Notice of Intended Action or similar document.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Docket maintained.
The
				department shall maintain a current public rule-making docket.
(2)
Anticipated rule making.
The rule-making docket shall list each anticipated rule-making proceeding. A
				rule-making proceeding is deemed "anticipated" from the time a draft of
				proposed rules is distributed for internal discussion within the department.
				For each anticipated rule-making proceeding, the docket shall contain a listing
				of the precise subject matter which may be submitted for consideration to the
				economic development board for subsequent proposal under the provisions of Iowa
				Code section
				17A4(1).
"a, "
the name and address of department personnel with whom
				persons may communicate with respect to the matter, and an indication of the
				present status within the department of that possible rule. The department may
				also include in the docket other subjects upon which public comment is
				desired.
(3)
Pending
				rule-making proceedings.
The rule-making docket shall list each
				pending rule-making proceeding. A rule-making proceeding is pending from the
				time it is commenced, by publication in the Iowa Administrative Bulletin of a
				Notice of Intended Action pursuant to Iowa Code section
				17A4(1).
"a, "
to the time it is terminated, by publication of a Notice
				of Termination in the Iowa Administrative Bulletin or the rule's becoming
				effective. For each rule-making proceeding, the docket shall indicate:
a. The subject matter of the proposed
				rule.
b. A citation to all
				published notices relating to the proceeding.
c. Where written submissions on the proposed
				rule may be inspected.
d. The time
				during which written submissions may be made.
e. The names of persons who have made written
				requests for an opportunity to make oral presentations on the proposed rule,
				where those requests may be inspected, and where and when oral presentations
				may be made.
f. Whether a written
				request for the issuance of a regulatory analysis or a concise statement of
				reasons has been filed, whether such an analysis or statement or a fiscal
				impact statement has been issued, and where any such written request, analysis,
				or statement may be inspected.
g.
				The current status of the proposed rule and any department determinations with
				respect thereto.
h. Any known
				timetable for department decisions or other action in the proceeding.
i. The date of the rule's adoption.
j. The date of the rule's filing, indexing,
				and publication.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 196 - Agency Procedure for Rulemaking › Rule 261-196.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35
				days before the adoption of a rule, the department shall cause Notice of
				Intended Action to be published in the Iowa Administrative Bulletin. The Notice
				of Intended Action shall include:
a. A brief
				explanation of the purpose of the proposed rule.
b. The specific legal authority for the
				proposed rule.
c. Except to the
				extent impracticable, the text of the proposed rule.
d. Where, when, and how persons may present
				their views on the proposed rule.
e. Where, when, and how persons may demand an
				oral proceeding on the proposed rule if the notice does not already provide for
				one.
Where inclusion of the complete text of a proposed rule in
				  the Notice of Intended Action is impracticable, the department shall include in
				  the notice a statement fully describing the specific subject matter of the
				  omitted portion of the text of the proposed rule, the specific issues to be
				  addressed by that omitted text of the proposed rule, and the range of possible
				  choices being considered by the department for the resolution of each of those
				  issues.