reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 100 - Iowa Real-time Electronic Pseudoephedrine Tracking System › Rule 657-100.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Attempted purchase"
means a proposed
				transaction for the dispensing of a product that is entered by a dispenser into
				the electronic pseudoephedrine tracking system, which transaction is not
				completed because the system recommends that the transaction be denied pursuant
				to the quantity limits established in Iowa Code section
				124.213.
"Board"
means the board of pharmacy.
"Dispenser"
means a licensed Iowa pharmacist,
				a registered pharmacist-intern under the direct supervision of a pharmacist
				preceptor, a registered pharmacy technician under the direct supervision of a
				pharmacist, except as authorized in 657-Chapter 13, or a registered pharmacy
				support person under the direct supervision of a pharmacist.
"Law enforcement officer"
means all of the
				following:
1. State police officer.
2. City or county police officer.
3. Sheriff or deputy sheriff.
4. State or public university safety and security
				officer.
5. Department of natural resources officer.
6. Certified or full-time peace officer of this or another
				state.
7. Federal peace officer.
8. Criminal analyst assigned to a law enforcement
				agency.
9. Probation or parole officer.
"Office"
means the governor's office of drug
				control policy.
"Product"
means a Schedule V drug product that
				is not listed in another controlled substance schedule and that contains any
				detectible amount of pseudoephedrine, its salts, or optical isomers, or salts
				of optical isomers; ephedrine; or phenylpropanolamine.
"Pseudoephedrine tracking system "
or
"PTS"
means the real-time electronic repository established to
				monitor and control the sale of products and administered by the governor's
				office of drug control policy.
"Purchaser "
means an individual 18 years of
				age or older who purchases or attempts to purchase a product.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 100 - Iowa Real-time Electronic Pseudoephedrine Tracking System › Rule 657-100.3 - Electronic Pseudoephedrine Tracking System (PTS)

Current through Register Vol. 47, No. 3, July 24, 2024
Unless granted an exemption by the office pursuant to these
				rules, all pharmacies dispensing products as defined in rule
				657-100.2 (124) without a
				prescription are required to participate in the PTS pursuant to Iowa Code
				section 124.212B.
(1)
Reporting elements.
The
			 record of a completed purchase or attempted purchase of a product without a
			 prescription shall contain the following:
a.
			 The name and address of the purchaser.
b. A current government-issued photo
			 identification number.
c. The
			 electronic signature of the purchaser. If a pharmacy is not able to secure or
			 record an electronic signature, a hard-copy signature logbook shall be utilized
			 and maintained by the pharmacy. Each record in the logbook shall include the
			 purchaser's signature and shall identify the purchase by transaction
			 number.
d. Date and time of
			 purchase.
e. The name and quantity
			 of the product purchased, including the total milligrams of ephedrine,
			 pseudoephedrine, or phenylpropanolamine contained in the product.
f. The name or unique identification of the
			 dispenser who approved the dispensing of the product.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 100 - Iowa Real-time Electronic Pseudoephedrine Tracking System › Rule 657-100.4 - Access to Database Information and Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
Information collected in the PTS is confidential unless
				otherwise ordered by a court or released by the office pursuant to state or
				federal law. Information may not be released except as provided by this
				rule.
(1)
PTS
			 administrators.
PTS administrators shall be provided access to the PTS
			 for the purpose of searching and retrieving reports only by articulating
			 reasonable suspicion or providing a case number or reference number for an
			 ongoing investigation. PTS administrators shall also be provided information on
			 purchasers directly from the PTS. This information may be sent directly to law
			 enforcement officers pursuant to paragraph 100.4(2)
"e"
for
			 purposes of investigation.
(2)
Law enforcement release.
PTS reports may be provided to a law
			 enforcement officer pursuant to rule
			 657-100.4
			 (124).
a. A law enforcement officer shall
			 register with the PTS prior to requesting reports. To ensure the identity of
			 the officer and to maintain confidentiality of PTS information, the officer's
			 identity shall be verified and registration shall be approved by the office or
			 the administrator for the officer's agency.
b. Law enforcement officers shall be given
			 direct access to all data from the PTS pursuant to the federal Combat
			 Methamphetamine Epidemic Act and 21 CFR § 1314.45.
c. If a law enforcement officer requests PTS
			 information directly from the PTS, the law enforcement officer shall enter the
			 purpose of the request into the PTS and shall certify the request is part of
			 the officer's official duties.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 100 - Iowa Real-time Electronic Pseudoephedrine Tracking System › Rule 657-100.5 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violations of provisions of these rules or Iowa Code section
				124.212A,
				124.212B,
				or
				124.213
				may subject the violator to criminal prosecution.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 1 - The Department › Rule 661-1.1 - Establishment of the Department of Public Safety

Current through Register Vol. 47, No. 3, July 24, 2024
The state department of public safety was created by an Act of
				the General Assembly (Acts of the Forty-eighth General Assembly, chapter 120,
				1939) through the consolidation of several departments and divisions to assist
				coordination among the law enforcement agencies at all levels of government
				within Iowa.
The department of public safety is primarily a law enforcement
				agency with the responsibility to enforce state laws and also has other
				administrative duties.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 1 - The Department › Rule 661-1.3 - Offices

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Principal
			 office. The principal office for the department is that of the commissioner in
			 the State Public Safety Headquarters Building in the Capitol Complex in Des
			 Moines. Its mailing address is the Department of Public Safety, State Public
			 Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa
			 50319.
(2) Division offices. The
			 principal offices of the divisions of the department are also located in the
			 State Public Safety Headquarters Building.
(3) Addresses of district headquarters, fire
			 marshals, radio stations and other offices located outside the principal
			 headquarters may be obtained at the Department of Public Safety's principal
			 office in the State Public Safety Headquarters Building.
[Editorial change: IAC Supplement 2/11/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 1 - The Department › Rule 661-1.4 - Methods by Which and Location Where the Public May Obtain Information or Make Submissions or Requests

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Persons wishing to obtain information from or report information to the
			 department may contact any of the offices in 1.3(17A).
(2) Those wishing to make submissions to the
			 department may do so by delivering or forwarding to the administrative services
			 division of the department, the principal offices of the affected division or,
			 if the subject matter is relevant to a specific geographical location, the
			 nearest office as listed in 1.3(17A).
(3) Those making requests of the department
			 may submit such request to the administrative services division or the
			 principal office of the division that would provide the information or as may
			 otherwise be provided in these rules.
(4) Communication of information regarding
			 conflicts with the department, declaratory rulings or rules or initiation of
			 rule making by the department shall be directed to the administrative services
			 division as provided in 661-Chapter 10.
(5) Accident reports filed as required by
			 Iowa Code section
			 321.266 and
			 which are retained by the department are available to any party to an accident,
			 the party's insurance company or its agent, or the party's attorney on written
			 request and the payment of a $4 fee for each copy, paid to the department of
			 public safety. Such request shall be made to the state patrol district
			 headquarters in the district in which the accident occurred.
(6) Reports by the Iowa state patrol division
			 concerning motor vehicle accidents regarding observations, measurements, and
			 examinations of physical evidence including photographs may be made available
			 to any party to the accident or the party's legal representative or insurance
			 company if the investigation of the accident is complete and the release of the
			 information will not interfere with appropriate criminal proceedings or future
			 investigations.
(7) Records of the
			 department subject to inspection under the Iowa public records Act, Iowa Code
			 chapter 22, which are not privileged under Iowa Code section
			 622.11, or are
			 not required or permitted to be held in confidence by Iowa Code chapter 692, or
			 other applicable provisions of law, may be examined in the offices of the
			 department in accordance with the provisions of the Iowa public records Act and
			 these rules.
This rule is intended to implement Iowa Code chapters 17A and
				80 and section
				321.271.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 1 - The Department › Rule 661-1.7 - Surety Companies

Current through Register Vol. 47, No. 3, July 24, 2024
When the Iowa Code requires the commissioner to approve a
				corporate surety company, approval by the insurance division of the Iowa
				department of commerce shall be required, and if that approval has been
				acquired and is continuing, the commissioner's approval will be
				extended.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 1 - The Department › Rule 661-1.8 - Construction of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
All of the rules of the commissioner and the department are
				promulgated to describe the department and its procedure, to elaborate on or
				define some statutory language and to regulate some activities. Each of the
				sections of chapter 4 of the Iowa Code are hereby adopted by reference so as to
				apply when construing these rules. When the words "statutes" or "general
				assembly" appear in chapter 4, it is intended the words "rules" and
				"commissioner" are to be inserted in lieu thereof. Each of the sections of
				chapter 4 are adopted by reference at least so far as is applicable and not
				inconsistent with the intent of these rules or repugnant to the context of
				these rules.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 3 - Sheriff's Uniforms › Rule 661-3.1 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
These rules are adopted to designate the color and design of
				the standard uniform that each Iowa sheriff and deputy sheriff shall wear when
				in uniform and accessories.
(1) The
			 specifications of the uniforms and accessories, such as fabric and style, are
			 made available to the department of general services. These details are not
			 reproduced in these rules because some minor details may change due to
			 unavailability of certain materials, but a copy of these specifications is
			 available at the commissioner's office.
(2) Persons wanting to enter bids on the
			 sheriffs' uniforms and accessories should contact the department of general
			 services. The department of general services will provide the specifications
			 for the uniforms and accessories.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 3 - Sheriff's Uniforms › Rule 661-3.2 - Trousers

Current through Register Vol. 47, No. 3, July 24, 2024
The trousers shall be sage green in color, have a one-inch
				strip of material the same color as the shirts down the outside seam of each
				pant leg, have seven one-inch belt loops with no cuffs, no watch pocket or
				billy pockets and no flaps on the rear pockets.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 3 - Sheriff's Uniforms › Rule 661-3.3 - Shirts

Current through Register Vol. 47, No. 3, July 24, 2024
The shirts shall be of two styles, long and short sleeved with
				two-breasted pockets pleated with three-pointed flags and corners that snap.
				The shoulder ornaments shall be of the same material and color as the
				trousers.
The short-sleeved shirt shall have a sport collar and no V
				notch or hemmed cuffs.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 3 - Sheriff's Uniforms › Rule 661-3.4 - Hats

Current through Register Vol. 47, No. 3, July 24, 2024
There shall be four types of hats:
Winter hat. The winter hat shall be sage green in color with a
				swivel strap, three-inch brim and will be worn with a gold metallic acorn
				cord.
Summer hat. The summer hat shall be sage green in color with a
				swivel strap, three-inch brim, and metal eyelet for a badge.
Winter fur hat. The winter fur hat shall be sage green in color
				with sage green fur trim and have waterproofed quilted lining.
Cap. The cap shall be green in color and of ridgeway
				style.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 3 - Sheriff's Uniforms › Rule 661-3.5 - Ties

Current through Register Vol. 47, No. 3, July 24, 2024
The ties shall be sage green in color and be three and one-half
				inches at the widest point. The ties shall be of the clip-on style with extra
				long plastic wings to go under the collar.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 3 - Sheriff's Uniforms › Rule 661-3.6 - Raingear

Current through Register Vol. 47, No. 3, July 24, 2024
Raingear shall consist of a raincoat, rainhats, and rubber
				footwear.
Raincoat. The raincoat shall be forest green in color and be
				reversible to international orange and have two zipped vents on each side for a
				weapon.
Rainhat. The rainhats shall fit both the summer and winter hat
				and be made of vinyl film.
Rubber footwear. The rubber footwear shall be black in color
				and be either zipper overshoes or low-cut rubbers.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 3 - Sheriff's Uniforms › Rule 661-3.9 - Jackets

Current through Register Vol. 47, No. 3, July 24, 2024
There shall be three types of jackets.
Light duty jacket. The color shall be sage green and the jacket
				shall be waist length with elastic in the waistband. It shall zip up the front
				and the coat style sleeves shall have no buttons on the cuffs. The shoulder
				straps shall be of the same material as the jacket and be sewed down.
Ike-type dress jacket. The color shall be pink tan to match the
				shirt and the jacket shall have plain coat sleeves, zip up the front and have
				zip side vents for a weapon.
Reefer-type car jacket. The color shall be sage green and the
				jacket shall have a permanent liner with inside pockets, be single breasted of
				midlength, have a two-way zipper down the front, two breast flap pockets, two
				lower slash pockets, and two zippered side vents, one on each side.
The uniform shall also include socks, blazers with slacks to
				match and a jumpsuit.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 3 - Sheriff's Uniforms › Rule 661-3.10 - Accessories

Current through Register Vol. 47, No. 3, July 24, 2024
Accessories shall consist of shoulder and blazer emblems,
				safety helmets, badges, whistle and chain, name bar, ID badge case, handcuffs
				and case, firearms and holsters, tie accessories, chemical mace and holder,
				nightsticks, rank insignia, equipment belt, reversible style inner belt, baton
				holder, key strap, cartridge case and clip holder.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 6 - Vehicle Impoundment › Rule 661-6.1 - Vehicle Impoundment

Current through Register Vol. 47, No. 3, July 24, 2024
The patrol division and other peace officer members of the
				department may impound any vehicle determined to be "abandoned" as defined in
				Iowa Code section
				321.89(1)
"a,"
provided that:
1. The officer shall first attempt to
			 determine the owner through department of transportation records and request
			 that the communications division advise an owner found thereby that the vehicle
			 must be moved within a reasonable time or it will be impounded, and
2. Either the owner cannot be found or the
			 owner fails to remove the vehicle within a reasonable time.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 6 - Vehicle Impoundment › Rule 661-6.2 - Vehicles Which May Be Impounded Immediately

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Vehicles which an officer has reason to
			 believe are wrongfully possessed by the person then having control of such
			 vehicles or on which the vehicle identification number or the identification
			 numbers of any component part have been altered or defaced, or on which an
			 attempt to alter or deface has been made.
(2) Vehicles which are involved in an
			 accident when immediate impoundment is necessary:
a. To preserve evidence which will be used in
			 an administrative or judicial proceeding; or
b. To protect the vehicle from theft or
			 further damage when the driver or owner is unavailable or incapable to give
			 consent to such impoundment or make other arrangements for the vehicle;
			 or
c. To prevent further accidents
			 when the vehicle is so situated as to appear to constitute a hazard to
			 traffic.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 6 - Vehicle Impoundment › Rule 661-6.3 - Vehicles Which Need Not Be Impounded Immediately

Current through Register Vol. 47, No. 3, July 24, 2024
If a vehicle is unattended, an officer shall tag it. A record
				is kept by the officer at the district to which the officer is assigned. After
				the period of time prescribed in Iowa Code section
				321.89, the
				unattended vehicle shall be declared an abandoned vehicle.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 6 - Vehicle Impoundment › Rule 661-6.4 - Impoundment Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior
			 to towing an impounded vehicle, the officer shall:
a. Request that a tow truck be dispatched to
			 remove the vehicle.
b. Complete a
			 vehicle tow-in and recovery report which includes the following information:
(1) Reason for towing;
(2) The license number and description of the
			 vehicle including its condition at the time of impoundment;
(3) Vehicle identification number and
			 registration information, when readily accessible.
c. Instruct the towing service to tow the
			 vehicle to a designated location, which in the case of an abandoned vehicle
			 shall be the towing service's storage area.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 6 - Vehicle Impoundment › Rule 661-6.5 - Abandoned Vehicles

Current through Register Vol. 47, No. 3, July 24, 2024
If the vehicle is impounded pursuant to rule
				661-6.1(17A,321):
(1) The district
			 officer in charge of abandoned vehicles shall notify, within 20 days of
			 impoundment, by certified mail, the last known registered owner of the vehicle
			 and all lienholders of record, addressed to their last known address of record,
			 that the abandoned vehicle has been impounded. Such notice shall state:
a. The location of the vehicle.
b. That the person or persons notified have
			 the right to reclaim the vehicle within 21 days of notice upon payment of all
			 towing, preservation and storage charges resulting from impoundment.
c. That failure to reclaim the vehicle within
			 21 days will constitute a waiver of all right, title, claim and interest in the
			 vehicle and will also constitute the giving of consent to sale or disposal of
			 the vehicle.
d. That a written
			 objection to the impoundment may be filed in accordance with subrule
			 6.5(3).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 8 - Criminal Justice Information › Rule 661-8.101 - Iowa On-line Warrants and Articles (IOWA) Criminal Justice Information System

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa on-line warrants and articles (IOWA) criminal justice
				information system is administered by the division of administrative services,
				field services bureau. The IOWA system, created pursuant to Iowa Code paragraph
				80.9(2) "d" and Iowa Code section
				692.14,
				provides criminal justice agency access to traffic record and criminal justice
				databases through a dedicated telecommunications network. To be eligible for
				access to the IOWA system, an agency must be a criminal justice agency at the
				federal, state, or local level within Iowa, or an agency providing services to
				criminal justice agencies in Iowa.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 8 - Criminal Justice Information › Rule 661-8.102 - Information Available Through the Iowa System

Current through Register Vol. 47, No. 3, July 24, 2024
The IOWA system provides access to databases from various
				state agencies within Iowa, from the Federal Bureau of Investigation's National
				Crime Information Center (NCIC), and from the motor vehicle departments of
				other states nationally through the National Law Enforcement Telecommunications
				System (NLETS). Information on an international basis is also provided by NCIC
				and NLETS through interfaces to Canadian Police Information Centre and to
				INTERPOL. The NLETS system also provides administrative message traffic between
				Iowa criminal justice agencies and criminal justice agencies throughout the
				United States.
The IOWA system allows criminal justice agencies to:
1. Access nationwide computerized banks of
			 information such as wanted, missing, and unidentified persons; stolen vehicles;
			 stolen articles; stolen boats; stolen guns and stolen securities.
2. Access driver license and motor vehicle
			 information in-state as well as out-of-state.
3. Exchange criminal history information on a
			 national basis.
4. Communicate by
			 use of administrative messages with other criminal justice agencies
			 worldwide.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 8 - Criminal Justice Information › Rule 661-8.103 - Human Immunodeficiency Virus-related Information

Current through Register Vol. 47, No. 3, July 24, 2024
An agency may enter human immunodeficiency virus-related (HIV)
				information into a wanted or missing person file of the IOWA system and the
				National Crime Information Center operated by the Federal Bureau of
				Investigation. HIV information shall be kept confidential and may be
				communicated only in accordance with this rule.
(1) HIV information on an individual entered
			 into the IOWA system or the National Crime Information Center operated by the
			 Federal Bureau of Investigation shall be made available to terminal operators
			 for the purpose of informing individuals who are authorized access pursuant to
			 this rule.
(2) HIV information may
			 be communicated to:
a. Employees and
			 supervisors of employees of a law enforcement agency who have, or are expected
			 to have, direct physical control of an individual reported to be HIV
			 positive.
b. Employees and
			 supervisors of employees subject to the jurisdictional supervision of the Iowa
			 department of corrections who have, or are expected to have, direct physical
			 supervision of an individual reported to be HIV positive.
c. Employees and supervisors of employees of
			 secure facilities for juveniles subject to the jurisdiction of the Iowa
			 department of human services who have, or are expected to have, direct physical
			 supervision of an individual reported to be HIV positive.
d. Employees and supervisors of employees of
			 city and county jails who have, or are expected to have, direct physical
			 supervision of an individual reported to be HIV positive.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 8 - Criminal Justice Information › Rule 661-8.104 - Iowa System Security

Current through Register Vol. 47, No. 3, July 24, 2024
IOWA system terminal access shall be available to criminal
				justice agencies as defined by Iowa Code section
				692.1(7).
				Prior to being permitted terminal access to the IOWA system, a criminal justice
				agency shall meet the following criteria:
(1) All terminals shall be located within the
			 facilities or vehicles of authorized agencies where appropriate physical
			 security can be maintained.
(2) The
			 immediate terminal areas shall be restricted to prevent access by unauthorized
			 individuals.
(3) All persons
			 accessing NCIC and the criminal history files shall have been authorized to
			 operate the terminal by the criminal justice agency administrator, been
			 approved by the department of public safety, received the required training and
			 achieved proficiency certification by the department of public safety.
Agencies shall complete a background investigation on all
				applicants for positions with access to NCIC and criminal history files.
				Agencies shall notify the department of public safety of the completion of the
				required background investigation. The background investigation shall be done
				to ensure the following:
a. That the
			 applicant is 18 years of age or older at the time of appointment to the
			 position.
b. That the applicant is
			 not addicted to drugs or alcohol.
c. That the applicant is of good moral
			 character and has not been convicted of a serious crime.
d. Agencies shall submit two fingerprint
			 cards on all applicants to the Iowa division of criminal investigation. One
			 card will be used to check for any Iowa criminal history and the second card
			 will be forwarded to the FBI for a national search of criminal history
			 records.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 8 - Criminal Justice Information › Rule 661-8.105 - Subpoenas and Court Orders

Current through Register Vol. 47, No. 3, July 24, 2024
Any agency or individual in possession of criminal history data
				received from the department that is served with a subpoena, court order,
				request for production or other legal process demanding the production of
				criminal history data, shall notify the department in writing so that the
				department has an opportunity to make a timely resistance.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to this chapter unless
				otherwise specified.
"Commissioner "
means the commissioner of the
				department of public safety.
"Department"
means the department of public
				safety.
"Waiver"
or
"variance"
means
				an action by the department which suspends, in whole or in part, the
				requirements or provisions of a rule as applied to an identified person on the
				basis of the particular circumstances of that person. For simplicity, the term
				"waiver" shall include both a "waiver" and a "variance."
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.101 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the department for a
				declaratory order as to the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of the department, at
				the Office of the Commissioner, Department of Public Safety, State Public
				Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319. A
				petition is deemed filed when it is received by that office. The department
				shall provide the petitioner with a file-stamped copy of the petition if the
				petitioner provides the agency an extra copy for this purpose. The petition
				must be typewritten or legibly handwritten in ink and must substantially
				conform to the following form:
DEPARTMENT OF PUBLIC SAFETY
Petition by (Name of Petitioner) for a Declaratory Order on
				(Cite provisions of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by 10.107(17A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
[Editorial change: IAC Supplement 2/11/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.102 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the department shall give notice of the petition to all persons not
				served by the petitioner pursuant to 10.106(17A) to whom notice is required by
				any provision of law. The department may also give notice to any other
				persons.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.103 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person who
			 qualifies under any applicable provision of law as an intervenor and who files
			 a petition for intervention within 20 days of the filing of a petition for
			 declaratory order (after time for notice under 10.102(17A) and before 30-day
			 time for agency action under 10.108(17A)) shall be allowed to intervene in a
			 proceeding for a declaratory order.
(2) Any person who files a petition for
			 intervention at any time prior to the issuance of an order may be allowed to
			 intervene in a proceeding for a declaratory order at the discretion of the
			 department.
(3) A petition for
			 intervention shall be filed at the Office of the Commissioner, Department of
			 Public Safety, State Public Safety Headquarters Building, 215 East 7th Street,
			 Des Moines, Iowa 50319. Such a petition is deemed filed when it is received by
			 that office. The department shall provide the petitioner with a file-stamped
			 copy of the petition for intervention if the petitioner provides an extra copy
			 for this purpose. A petition for intervention must be typewritten or legibly
			 handwritten in ink and must substantially conform to the following form:
DEPARTMENT OF PUBLIC SAFETY
Petition by (Name of Original Petitioner) for a Declaratory
				Order on (Cite provisions of law cited in original petition).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervener's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervener's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervener's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervener's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervener's representative, and a
				statement indicating the person to whom communications should be
				directed.
[Editorial change: IAC Supplement 2/11/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.104 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The department may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.105 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the Agency Rules Administrator, Office of the
				Commissioner, Department of Public Safety, State Public Safety Headquarters
				Building, 215 East 7th Street, Des Moines, Iowa 50319.
[Editorial change: IAC Supplement 2/11/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.106 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
Filing-when required.
All petitions for declaratory orders,
			 petitions for intervention, briefs, or other papers in a proceeding for a
			 declaratory order shall be filed with the Office of the Commissioner,
			 Department of Public Safety, State Public Safety Headquarters Building, 215
			 East 7th Street, Des Moines, Iowa 50319. All petitions, briefs, or other papers
			 that are required to be served upon a party shall be filed simultaneously with
			 the department.
(3)
Method
			 of service, time of filing, and proof of mailing.
Method of service,
			 time of filing, and proof of mailing shall be as provided by rule 10.312(17A).
[Editorial change: IAC Supplement 2/11/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.107 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the department may schedule a brief
				and informal meeting between the original petitioner, all intervenors, and the
				department, a member of the department, or a member of the staff of the
				department, to discuss the questions raised. The department may solicit
				comments from any person on the questions raised. Also, comments on the
				questions raised may be submitted to the department by any
				person.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.108 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
			 the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt
			 of a petition for a declaratory order, the commissioner of public safety or the
			 commissioner's designee shall take action on the petition as required by 1998
			 Iowa Acts, chapter 1202, section 13(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order is as defined in rule 10.302(17A).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.109 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department shall not issue a declaratory order where prohibited by 1998 Iowa
			 Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory order
			 on some or all questions raised for the following reasons:
1. The petition does not substantially comply
			 with the required form.
2. The
			 petition does not contain facts sufficient to demonstrate that the petitioner
			 will be aggrieved or adversely affected by the failure of the department to
			 issue an order.
3. The department
			 does not have jurisdiction over the questions presented in the
			 petition.
4. The questions
			 presented by the petition are also presented in a current rule making,
			 contested case, or other agency or judicial proceeding, that may definitively
			 resolve them.
5. The questions
			 presented by the petition would more properly be resolved in a different type
			 of proceeding or by another body with jurisdiction over the matter.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge an agency decision already
			 made.
9. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner.
10. The petitioner
			 requests the department to determine whether a statute is unconstitutional on
			 its face.
11. The petition relates
			 to any criminal investigation.
12.
			 The petition concerns any procedure or practice of the department or any other
			 agency related to initiation or conduct of criminal investigations or referral
			 of matters for possible criminal investigation or prosecution.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.110 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its
				conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.111 - Copies of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A copy of all orders issued in response to a petition for a
				declaratory order shall be mailed promptly to each original petitioner and to
				each intervenor.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.112 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the
				department, the petitioner, and any intervenors who consent to be bound and is
				applicable only in circumstances where the relevant facts and the law involved
				are indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on the
				department. The issuance of a declaratory order constitutes final agency action
				on the petition.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.201 - 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 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.202 - 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
				17A.4(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 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.203 - 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,
			 with the approval of the commissioner of public safety. For each anticipated
			 rule-making proceeding the docket shall contain a listing of the precise
			 subject matter which may be submitted for consideration by the rule-making
			 authority for subsequent proposal under the provisions of Iowa Code section
			 17A.4(l)
			  "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
			 17A.4(1)
"a, "
to the time it is
			 terminated, by publication of a Notice of Termination in the Iowa
			 Administrative Bulletin or the rule 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 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.204 - 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; and
e. Where, when, and how persons may demand an
			 oral proceeding on the proposed rule if the notice does not already provide for
			 one.
Where inclusion of the complete text of a proposed rule in the
				Notice of Intended Action is impracticable, the 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.