reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.6 - 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 Director, Department
			 on Aging, Jessie M. Parker Building, 510 East 12th Street, Des Moines, Iowa
			 50319-9025. All petitions, briefs, or other papers that are required to be
			 served upon a party shall be filed simultaneously with the department on
			 aging.
(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
			 17-13.12
			 (17A).
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the department on aging must
				schedule a brief and informal meeting between the original petitioner, all
				intervenors, and the department on aging, a member of the department on aging,
				or a member of the staff of the department on aging, to discuss the questions
				raised. The department on aging may solicit comments from any person on the
				questions raised. Also, comments on the questions raised may be submitted to
				the department on aging by any person.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
			 the time allowed by Iowa Code section
			 17A.9(3)
			  after receipt of a petition for a
			 declaratory order, the department on aging or designee shall take action on the
			 petition as required by Iowa Code section
			 17A.9(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order is as defined in rule
			 17-13.2
			 (17A).
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department on aging shall not issue a declaratory order where prohibited by
			 Iowa Code section
			 17A.9 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 on aging to issue an order.
3. The department on aging 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
			 department 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 a department 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 on aging to determine whether a statute is
			 unconstitutional on its face.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.10 - 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 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.12 - 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 on aging, 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 on aging. The issuance of a declaratory order
				constitutes final department action on the petition.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 19 - Public Records and Fair Information Practices › Rule 17-19.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency"
in these rules means the department
				on aging.
"Custodian"
means the department director and
				the division administrators.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 19 - Public Records and Fair Information Practices › Rule 17-19.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In
			 lieu of the words "(insert agency head)", insert "director of the department on
			 aging". In lieu of the words "(insert agency name and address)", insert "the
			 Iowa Department on Aging, Jessie Parker Building, 510 East 12th Street, Suite
			 2, Des Moines, Iowa 50319-9025".
(2)
Office hours.
In lieu of
			 the words "(insert customary office hours and, if the agency does not have
			 customary office hours of at least thirty hours per week, insert hours
			 specified in Iowa Code section
			 22.4) ",
			 insert "8 a.m. to 4:30 p.m. Monday through Friday".
(7)
Fees.
c.
Search and supervisory
			 fees.
In lieu of the words "(specify time period)", insert "one-half
			 hour". In lieu of the parenthetical sentence at the end of the paragraph,
			 insert "If the request requires research or if the record or records cannot
			 readily be retrieved by the office, the requester will be advised of this fact.
			 In addition, all costs for retrieval and copying of information stored in
			 electronic storage systems may be charged to the requester"
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 19 - Public Records and Fair Information Practices › Rule 17-19.9 - Disclosures Without Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Disclosure. Open records are frequently
			 disclosed without 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
			 17-19.10 (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 the head of the 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 an individual if a notice of the disclosure is transmitted to the
			 last-known address of the subject.
e. To the legislative services
			 agency.
f. Disclosures in the
			 course of employee disciplinary proceedings.
g. In response to a court order or
			 subpoena.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 19 - Public Records and Fair Information Practices › Rule 17-19.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Defined.
"Routine use" means the disclosure of a record
			 without the consent of the subject or subjects, for a purpose which is
			 compatible with the purpose for which the record was collected. It includes
			 disclosures required to be made by statute other than the public records law,
			 Iowa Code chapter 22.
(2)
Routine uses.
To the extent allowed by law, the following uses
			 are considered to be 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 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.
g. Any disclosure to AAAs on matters
			 pertinent to the performance of their responsibilities.
h. Any disclosure to care review committees
			 on matters pertinent to the performance of their responsibilities.
i. Any disclosure to agencies and
			 organizations which advocate for older persons and volunteer time and effort to
			 programs so that program goals can be achieved.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 19 - Public Records and Fair Information Practices › Rule 17-19.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to agency disclosure of confidential records as provided in
			 rule 17-19.6 (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, to
			 the extent permitted by law, may be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter
(3)
Obtaining
			 information from a third party.
The agency is required to obtain
			 information to resolve long-term care complaints received by the ombudsman, to
			 provide information on legal assistance issues and to determine that
			 eligibility requirements are met for care review committee members. Requests
			 made to third parties for this information may involve the release of
			 confidential information about individuals. Except as provided in rule
			 17-19.10 (17A,22),
			 the agency may make these requests only when the individual has authorized the
			 release in writing.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 19 - Public Records and Fair Information Practices › Rule 17-19.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Subjects of confidential records.
The subject of a
			 confidential record may file a written request to review confidential records
			 about that person as provided in rule 17-19.6 (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
			 22.7(18)
			  or other provision of law.
b. Records need not be disclosed to the
			 subject when they are the work product of an attorney or are otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 Iowa Code section
			 22.7(5).
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 19 - Public Records and Fair Information Practices › Rule 17-19.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the rules of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 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 legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable rules of the
			 agency.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 21 - The Service of Case Management › Rule 17-21.2 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter sets out client eligibility, covered services,
				program administration and program standards to assist clients in coordinating
				the use of the long-term living continuum which ranges from the independent
				access of congregate services to the delivery of support services in the home
				or through facility-based care for the clients served. The service of case
				management is designed to promote and support independent living of older
				Iowans funded through Title III (Grants to State and Community Programs on
				Aging) of the OAA or state funds distributed to the area agencies on aging
				(AAA) based upon their current area plan.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 21 - The Service of Case Management › Rule 17-21.3 - General Requirements for Providers of Case Management Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Qualifications to provide the service of case management.
An
			 individual providing the service of case management shall have, at a minimum,
			 one of the following qualifications:
a. A
			 bachelor's degree in the human services field including, but not limited to,
			 social work, sociology, special education, rehabilitation counseling, and
			 psychology.
b. An associate's
			 degree and two years of full-time equivalent work experience in a human
			 services field involving direct contact with service to people in overcoming
			 social, economic, psychological or health problems.
c. A license as a registered nurse in
			 Iowa.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 21 - The Service of Case Management › Rule 17-21.4 - Case Management Service Activities

Current through Register Vol. 47, No. 3, July 24, 2024
Case management service activities include the following
				components.
(1)
Client
			 identification.
The provider of the service of case management may
			 identify clients through public education, awareness, and outreach.
(2)
Intake.
The provider of
			 the service of case management shall follow a defined intake process developed
			 or approved by the department. To become eligible for the service of case
			 management, a potential client with case management needs shall:
a. Be a legal resident of the state of
			 Iowa;
b. Be aged 60 or
			 older;
c. Be in need of the service
			 of case management based on a needs assessment as described in subrule
			 21.4(3);
d. Be funded through Title
			 III (Grants to State and Community Programs on Aging) of the OAA or state funds
			 distributed to the AAA based upon their current area plan; and
e. Not be entitled to receive case management
			 services or case management service reimbursement from another
			 source.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter implements the office of public guardian as
				created in Iowa Code chapter 23 IE and establishes standards and procedures for
				those appointed as public guardians. It also establishes the qualifications of
				consumers eligible for services.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.3 - Public Guardian Qualifications

Current through Register Vol. 47, No. 3, July 24, 2024
All public guardians shall have graduated from an accredited
				four-year college or university and shall be certified by the Center for
				Guardianship Certification within 12 months of assuming duties as a public
				guardian. This certification shall be kept current while the person is serving
				as a public guardian.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.4 - Ethics and Standards of Practice

Current through Register Vol. 47, No. 3, July 24, 2024
The state office adopts the National Guardianship Association
				Standards of Practice adopted in 2000, including any subsequent amendments
				thereto, as a statement of the best practices and the highest quality of
				practice for persons serving as guardians or conservators. The adoption of
				standards of practice in this document is not intended to amend or diminish the
				statutory scheme, but rather to supplement and enhance the understanding of the
				statutory obligations to be met by public guardians when serving as a public
				guardian. Subsequent to appointment to serve a consumer, the public guardian
				shall perform all duties imposed by the court or other entity having
				jurisdiction and imposed by applicable law and, as appropriate, shall utilize
				standards found in the most current edition of the National Guardianship
				Association Standards of Practice.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.5 - Staffing Ratio

Current through Register Vol. 47, No. 3, July 24, 2024
Local offices shall be responsible for no more than 40
				consumers per full-time equivalent position at any one time. The state office
				shall notify the state court administrator when the maximum number of
				appointments is reached by a local office.
(1) In its sole discretion, if the state
			 office determines that due to the complexity of current cases a local office
			 would have significant difficulty meeting the needs of consumers, the state
			 office may choose to temporarily suspend acceptance of appointments. The state
			 office shall notify the state court administrator of the suspension of
			 services.
(2) In the state office's
			 sole discretion, a local office may exceed staffing ratios under the following
			 circumstances:
a. A priority situation exists
			 as defined in subrule 22.7(2), and
b. Acceptance of case(s) will not adversely
			 affect services to current consumers.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.6 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
A conflict of interest arises when the public guardian has any
				personal or agency interest that is or may be perceived as self-serving or
				adverse to the position or best interest of the consumer. When assigning a
				consumer to a public guardian, all reasonable efforts shall be made to avoid a
				conflict of interest or the appearance of a conflict of interest.
(1) The assigned public guardian shall not:
a. Provide direct services to the consumer
			 receiving public guardianship services;
b. Have an affiliation with or financial
			 interest in the consumer's estate;
c. Employ friends or family to provide
			 services to the consumer for a fee; or
d. Solicit or accept incentives from service
			 providers.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.7 - Individuals Eligible for Services

Current through Register Vol. 47, No. 3, July 24, 2024
The state office shall seek to restrict appointments to only
				those necessary. The state office will not accept an appointment based upon a
				voluntary petition.
(1) In order to
			 qualify for services, the individual shall meet all of the following criteria:
a. Is a resident of the state of
			 Iowa;
b. Is aged 18 or
			 older;
c. Does not have a suitable
			 individual or appropriate entity willing and able to serve as guardian or
			 conservator;
d. Is incompetent;
			 and
e. Is an individual for whom
			 guardianship or conservatorship services are the least restrictive means of
			 meeting the individual's needs.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.8 - Application and Intake Process-guardianship, Conservatorship, and Representative Payee

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person
			 may submit an application for services on behalf of an individual believed to
			 be in need of public guardianship services. Applications are available through
			 the state office. Completed applications shall be submitted to the Office of
			 Public Guardian, Jessie M. Parker Building, 510 East 12th Street, Suite 2, Des
			 Moines, Iowa 50319-9025. Incomplete applications will not be considered.
			 Communication with the state office or local office or the submission of an
			 application does not imply an appointment and does not create any type of
			 fiduciary relationship between the state office and the individual on whose
			 behalf the application is submitted.
(2) The state office shall make a
			 determination regarding eligibility of the individual and acceptance or denial
			 of the case based on a review of the completed application.
(3) The state office shall grant or deny an
			 application for services as soon as practicable, but, in any event, shall do so
			 within 60 days of receipt of the application.
(4) Failure of the state office to grant or
			 deny an application within the specified time period shall be deemed a denial
			 of the application by the state office.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.9 - Case Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A case
			 record must be established for each consumer. At a minimum, the case record
			 must contain:
a. Copies of the assessments,
			 medical records, and updates, if any;
b. A separate financial management folder
			 containing an inventory, an individual financial management plan, a record of
			 all financial transactions made on behalf of the consumer by the public
			 guardian, copies of receipts for all expenditures made by the public guardian
			 on behalf of the consumer, and copies of all other documents pertaining to the
			 consumer's financial situation as required by the state office;
c. Itemized statements of costs incurred in
			 the provision of services for which the public guardian received
			 court-authorized reimbursement directly from the consumer's estate;
			 and
d. Other information as
			 required by the state office.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.11 - Termination or Limitation

Current through Register Vol. 47, No. 3, July 24, 2024
Either a local office or the state office may seek the
				termination or limitation of a local office's duties under circumstances
				including but not limited to the following:
1. Public guardianship services are no longer
			 needed or do not benefit the consumer;
2. The consumer's assets allow for hiring a
			 paid guardianship or conservatorship service provider;
3. A conflict of interest or the appearance
			 of a conflict of interest arises;
4. The state or local office lacks adequate
			 staff or financial resources;
5.
			 The consumer moves outside the state or outside the local office's service
			 area;
6. The state office is no
			 longer the last resort for assistance;
7. The local office withdraws from the
			 service agreement;
8. Termination
			 of the program by law; or
9. Other
			 circumstances which indicate a need for termination or limitation.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.12 - Service Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The state
			 public guardian and local public guardian shall be entitled to reasonable
			 compensation for their public guardianship services as determined by using the
			 following criteria:
a. Such compensation
			 shall not exceed actual costs.
b.
			 Fees may be adjusted or waived based upon the ability of the consumer to pay,
			 upon whether financial hardship to the consumer would result, or upon a finding
			 that collection of such fees is not economically feasible.
c. Fees shall be as established in rule
			 17-22.13 (231E,633). The state
			 office may collect a fee from the estate of a deceased consumer.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.13 - Fee Schedule

Current through Register Vol. 47, No. 3, July 24, 2024
The following fees are applicable to services provided by a
				public guardian unless reduced or waived pursuant to paragraph 22.12(1)
				"b."
Action or Responsibility
Fee
One-time case opening:
Guardianship
$200
Conservatorship
$300
Guardianship and conservatorship
$500
Monthly public guardianship services except
						  representative payee.
Total value of liquid assets:
$6,500 - $9,999
$100
$10,000 - $19,999
$125
$20,000 - $29,999
$150
$30,000 - $39,999
$175
$40,000 - $49,999
$200
$50,000 - $59,999
$225
$60,000 - $69,999
$250
$70,000 - $79,999
$275
$80,000 - $89,999
$300
$90,000 - $99,999
$325
$100,000 or above
$350
Preparation and filing of income tax returns:
Each federal return
$50
Each state return
$25
Settlement of a personal injury cause of action: Each
						  cause of action approved by the probate court
$250
Establishment of a recognized trust for the consumer's
						  financial estate:
Each trust
$250
Representative payee-monthly fee
As determined by the federal governmental agency that
						  appoints the representative payee
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.15 - Contesting the Actions of a Guardian or Conservator

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Consumers who wish to contest the actions
			 of a guardian or conservator may express their concerns to the state office in
			 writing or verbally.
(2) Within two
			 working days of receipt of the concern, the state office shall notify the
			 consumer of its decision to uphold or change the course of action taken by the
			 guardian or conservator. The state office shall notify the consumer both
			 verbally and in writing.
(3) The
			 state office shall explain to the consumer, in a manner that the consumer fully
			 understands, that the consumer has the right to counsel and the right to appeal
			 the state office's decision pursuant to 17-Chapter 13.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.16 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
Should any rule, subrule, paragraph, phrase, sentence or clause
				of this chapter be declared invalid or unconstitutional for any reason, the
				remainder of this chapter shall not be affected thereby.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 22 - Office of Public Guardian › Rule 17-22.18 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
Should any rule, subrule, paragraph, phrase, sentence or clause
				of this chapter be declared invalid or unconstitutional for any reason, the
				remainder of this chapter shall not be affected thereby.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 23 - Aging and Disability Resource Center › Rule 17-23.2 - Aging and Disability Resource Centers

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall administer aging and disability resource
				centers and shall do all of the following:
1. Perform all duties mandated by federal and
			 state law.
2. Designate
			 ADRCs.
3. Provide technical
			 assistance to ADRCs.
4. Provide
			 oversight of ADRCs to ensure compliance with federal and state law and
			 applicable rules and regulations.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 23 - Aging and Disability Resource Center › Rule 17-23.3 - Adrc

Current through Register Vol. 47, No. 3, July 24, 2024
An ADRC designated by the department shall perform all duties
				mandated by federal and state law and applicable rules and regulations.
				Services provided under this chapter shall be included in the Area Agencies on
				Aging Area Plan in accordance with 17-Chapter 6 and as described in the Area
				Agencies on Aging Reporting Manual.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 23 - Aging and Disability Resource Center › Rule 17-23.5 - Options Counselors

Current through Register Vol. 47, No. 3, July 24, 2024
An ADRC shall ensure that options counselors meet the
				requirements of this chapter and applicable federal and state law.
(1)
Background checks.
All
			 ADRCs shall establish and maintain background check policies and procedures
			 that include, but are not limited to, the following:
a. A requirement that, prior to beginning
			 employment, all options counselors, whether full-time, part-time, or unpaid,
			 shall undergo criminal and abuse background checks.
b. A background check includes, at a minimum,
			 a request that the department of public safety perform a criminal history check
			 and the department of human services perform child and dependent adult abuse
			 record checks of the applicant in this state.
c. Protocol for how to proceed in the event
			 that an options counselor applicant is found to have a criminal history or
			 history of child or dependent adult abuse.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 23 - Aging and Disability Resource Center › Rule 17-23.6 - Population Served

Current through Register Vol. 47, No. 3, July 24, 2024
The aging and disability resource center, ADRC coordination
				centers, and ADRC local access points shall assist the following individuals in
				seeking long-term care services and supports:
1. Older individuals;
2. Individuals with disabilities who are aged
			 18 or older;
3. Family caregivers of
			 older individuals;
4. Family
			 caregivers of individuals with disabilities who are aged 18 or older;
5. Individuals who inquire about or request
			 assistance on behalf of older individuals; and
6. Individuals who inquire about or request
			 assistance on behalf of individuals with disabilities who are aged 18 or
			 older.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 23 - Aging and Disability Resource Center › Rule 17-23.7 - Options Counselors

Current through Register Vol. 47, No. 3, July 24, 2024
An ADRC coordination center shall ensure that options
				counselors meet the requirements of this chapter and applicable federal and
				state law.
(1)
Background
			 checks.
All ADRC coordination centers shall establish and maintain
			 backgroimd check policies and procedures that include, but are not limited to,
			 the following:
a. A requirement that, prior to
			 beginning employment, all options counselors, whether full-time, part-time, or
			 impaid, shall undergo criminal and abuse background checks.
b. A background check includes, at a minimum,
			 a request that the department of public safety perform a criminal history check
			 and the department of human services perform child and dependent adult abuse
			 record checks of the applicant in this state.
c. Protocol for how to proceed in the event
			 that an options counselor applicant is found to have a criminal history or
			 history of child or dependent adult abuse.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 1 - Administration › Rule 21-1.1 - Organization

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
"Department"
means the department of agriculture and land
			 stewardship.
(2)
"Secretary"
means the secretary of agriculture who is the head
			 of the department.
(3) The deputy
			 secretary of agriculture advises the secretary and has the statutory authority
			 to perform any of the duties required or authorized of the secretary in the
			 secretary's absence or through explicit directions or tacit consent.
(4) The department is organized into four
			 branches known as the consumer protection and industry services division, the
			 administration division, the soil conservation division, and the food safety
			 and animal health division. The deputy secretary of agriculture heads the
			 administration division, and division directors head the consumer protection
			 and industry services division, the soil conservation division, and the food
			 safety and animal health division. The directors assist the secretary in the
			 implementation of the secretary's policies within the various bureaus,
			 laboratories, and units assigned to that division. The directors shall also
			 assist the secretary in supervising the work of the various bureaus and units
			 assigned to that division, provide the expertise of their division to other
			 divisions where appropriate, and perform other duties as assigned by the
			 secretary.
(5) Rescinded lAB
			 2/25/09, effective 2/5/09.
(6) The
			 grain indemnity fund board is an autonomous agency of which the secretary is
			 president. The board operates in conjunction with the grain warehouse bureau of
			 the department, determining and providing for payment of claims which arise as
			 a result of the failure of a grain dealer or warehouse operator and
			 administering the Iowa grain depositors and sellers indemnity fund. The rules
			 for the board's organization and operations and its procedures for resolving
			 claims appear in 21-Chapters 63 and 64, Iowa Administrative Code.
(7) The Iowa board of veterinary medicine is
			 an autonomous agency functioning within the department to provide for the
			 licensing and disciplining of veterinarians and veterinary assistants. The
			 powers of the Iowa board of veterinary medicine are vested in the board
			 pursuant to Iowa Code chapter 169, and its rules appear at 811-Chapter 1, et
			 seq., Iowa Administrative Code. The secretary appoints the state veterinarian
			 who, pursuant to Iowa Code section
			 169.5,
			 serves as secretary to the board.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 1 - Administration › Rule 21-1.2 - Consumer Protection and Industry Services Division

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the duties outlined in subrule 1.1(4), the
				director of the consumer protection and industry services division advises the
				secretary of activities and any impending or potential problems that have Corne
				to the attention of the division's personnel. The bureaus and laboratories
				under the supervision of the consumer protection and industry services division
				are as follows:
(1)
Grain
			 warehouse bureau.
This bureau licenses, inspects and examines grain
			 dealers and grain warehouse facilities and reviews financial statements of
			 licensees to ensure Cornpliance with requirements, including payment of fees
			 into the grain indemnity fund. The bureau also reviews claims made against the
			 fund and makes reCornmendations on those claims to the grain indemnity fund
			 board, upon which the board takes action. This bureau includes the following
			 unit:
a.
Audit.
This unit
			 analyzes reports filed by feed and fertilizer Cornpanies for fees paid into the
			 general fund of the state. The unit also makes audits to check for Cornpliance
			 with check-off law for the Cornmodity promotion boards.
b. Reserved.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 1 - Administration › Rule 21-1.3 - Administration Division

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the duties outlined in subrule 1.1(4), the
				director of the administration division, who is the deputy secretary of
				agriculture, assists the secretary in the preparation and presentation of the
				department's budget to the governor and the general assembly. The division
				provides personnel services and works with the secretary and other divisions in
				the selection, hiring, and most phases of employment record keeping and
				processing relative to pay, benefits, and employee status changes in relation
				to the department. The director shall serve as a liaison between the department
				and the department of management, the department of administrative services,
				and the state auditor The bureaus and units under the supervision of the
				division are as follows:
(1)
Accounting bureau.
The accounting bureau handles all
			 accounting functions for the department, manages grants, formulates budget
			 reCornmendations, performs various other business functions including the
			 paying of bills and vouchers, and maintains adequate inventory of laboratory
			 supplies.
(2)
Agricultural
			 diversification and market development bureau.
Rescinded lAB 2/25/09,
			 effective 2/5/09.
(3)
Agricultural marketing bureau.
Rescinded lAB 2/25/09,
			 effective 2/5/09.
(4)
Agricultural statistics bureau.
This bureau collects, prepares
			 and publishes annual state farm census and other periodic research data, such
			 as production figures, utilization of feed grains, grain stocks on hand, price
			 variance, and marketing data on crops and livestock.
(5)
Audit bureau.
Rescinded
			 lAB 2/25/09, effective 2/5/09.
(6)
Climatology bureau.
This bureau collects data and keeps
			 records on rainfall, snowfall, snowmelt, frost and sun days, and prepares
			 various reports including publishing maps showing data by region.
(7)
Horse and dog bureau.
Rescinded lAB 2/25/09, effective 2/5/09.
(8)
Horticulture and farmers market
			 bureau.
Rescinded lAB 2/25/09, effective 2/5/09.
(9)
Information.
This unit
			 is staffed by information specialists who prepare informational material for
			 the public benefit under the direction of the secretary. The information
			 specialists prepare information for use through the media including newspapers,
			 radio, television, and magazines. Information specialists are also responsible
			 for drafting brochures and cooperating with other state agencies in
			 disseminating agricultural information and education.
(10)
Renewable fuels and
			 coproducts.
Rescinded lAB 2/25/09, effective 2/5/09.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 1 - Administration › Rule 21-1.4 - Soil Conservation Division

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the duties outlined in subrule 1.1(4), the
				director of the soil conservation division advises the secretary on soil and
				water conservation matters and works with the state soil conservation
				Cornmittee in the adoption of rules relating to soil conservation, water
				resources, and mining. The division performs duties as designated in the Code
				of Iowa. The bureaus of the soil conservation division are as follows:
(1)
Field services bureau.
This bureau works with elected soil and water conservation district
			 Cornmissioners and division of soil conservation personnel assigned to soil and
			 water conservation districts. The bureau also coordinates water quality and
			 watershed protection projects awarded to soil and water conservation
			 districts.
(2)
Financial
			 incentives bureau.
This bureau works to control erosion on all
			 agricultural land and administers incentive programs for the establishment of
			 land treatment measures. The bureau also provides assistance and guidance to
			 soil and water conservation districts.
(3)
Mining bureau.
This
			 bureau provides for the reclamation and conservation of land affected by
			 surface mining. The bureau carries out coal regulatory and abandoned mine land
			 programs and also regulates limestone and gypsum quarries, sand and gravel
			 pits, and other mineral extraction operations.
(4)
Water resources bureau.
This bureau coordinates water resources programs, including agricultural
			 drainage well closures, watershed project development, and the conservation
			 reserve enhancement program. The bureau also provides technical support on
			 wetland issues, nutrient management, and other division programs.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 1 - Administration › Rule 21-1.5 - Food Safety and Animal Health

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the duties outlined in subrule 1.1(4), the
				director of the food safety and animal health division advises the secretary of
				activities and any impending or potential problems that have Corne to the
				attention of the division's personnel. The bureaus and laboratories under the
				supervision of the food safety and animal health division are as
				follows:
(1)
Animal industry
			 bureau.
This bureau is under the direction of the state veterinarian
			 and consists of the following units:
a.
Animal health.
This unit conducts brucellosis, pseudorabies,
			 and tuberculosis control and eradication programs; issues quarantines and
			 approves premises for receiving animals of unknown health status for feeding or
			 isolation while under quarantine; monitors and investigates reports of foreign
			 animal diseases; inspects and licenses cattle dealers, pig dealers, auction
			 markets, hatcheries, and rendering plants; registers cattle brands; provides
			 administrative support, supplies and facilities for the board of veterinary
			 medicine; maintains the capability to react to emergency situations; and
			 maintains liaisons with livestock producer groups.
b.
Animal welfare.
This unit
			 licenses and regulates facilities that engage in Cornmercial activities
			 relating to animals in the pet industry including, but not limited to, pet
			 stores, dog and cat breeders and dealers, animal shelters and pounds, and
			 kennels.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Insert the following definitions in alphabetical order:
"Department"
means the department of
				agriculture and land stewardship.
"Secretary"
means the Iowa secretary of
				agriculture.
In lieu of the words "(designate official)" insert "person
				designated by the secretary to preside over a contested case including, but not
				limited to, an administrative law judge with the department of inspections and
				appeals. In lieu of the words "(agency name)" insert "the department of
				agriculture and land stewardship".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.4 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the first paragraph insert "Any person claiming an
				entitlement to a contested case proceeding shall file a written request for
				such a proceeding within the time specified by the particular rules or statutes
				governing the subject matter or, in the absence of such law, the time specified
				in the agency action in question. If no time is specified in the agency action
				and there is no applicable rule or statute, then the written request for a
				contested case proceeding shall be filed in writing within 30 calendar days of
				the action or notice of the intended action the person wishes to
				contest."
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Delete the
			 words "(or such other time period the agency designates)".
(2) Delete the words "(or its designee)".
			 Delete paragraphs
"c"
and
"i"
and reletter the
			 subsequent paragraphs.
(3) Delete
			 the subrule and insert "The agency shall issue a written ruling specifying the
			 grounds for its decision within 20 days after a request for an administrative
			 law judge is filed."
(4) Delete the
			 subrule and renumber the subsequent subrules.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 2 - Contested Case Proceedings and Practice › Rule 21-2.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(3) In lieu of the words "(specify office and
			 address)" insert "Secretary's Office, Department of Agriculture and Land
			 Stewardship, Wallace State Office Building, East Ninth and Grand, Des Moines,
			 Iowa." In lieu of the words "(agency name)" insert "department".
(4) In lieu of the words "(designate office)"
			 insert "secretary's office".