reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 13 - Sports Wagering › Rule 491-13.2 - Conduct of All Sports Wagering

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Commission policy.
It is the policy of the commission to
			 require that all industry participants conduct sports wagering in a manner
			 suitable to protect the public health, safety, morals, good order, and general
			 welfare of the state. Responsibility for selecting, implementing, and
			 maintaining suitable methods of operation rests with the facility, vendor, and
			 advance deposit sports wagering operator. Willful or persistent use or
			 toleration of methods of operation deemed unsuitable in the sole discretion of
			 the commission will constitute grounds for disciplinary action, up to and
			 including revocation.
(2)
Activities prohibited.
A facility, vendor, or advance deposit
			 sports wagering operator is expressly prohibited from the following activities:
a. Failing to conduct advertising and public
			 relations activities in accordance with decency, dignity, good taste, and
			 honesty.
b. Failing to comply with
			 or make provision for compliance with all federal, state, and local laws and
			 rules pertaining to the operation of a facility or advance deposit sports
			 wagering operation including, but not limited to, payment of license fees,
			 withholding payroll taxes, and violations of alcoholic beverage laws or
			 regulations.
c. Permitting
			 cheating, failing to discover cheating that should have been discovered with
			 reasonable inquiry, or failing to take action to prevent cheating.
d. Failing to conduct sports wagering
			 operations in accordance with proper standards of custom, decorum, and decency;
			 or permitting any type of conduct that reflects negatively on the state or
			 commission or acts as a detriment to the sports wagering industry.
e. Performing any type of sports wagering
			 activity, at any time, that is contrary to the representation made to the
			 commission, commission representatives, or the public.
f. Denying a commissioner or commission
			 representative, upon proper and lawful demand, information, documents, or
			 access to inspect any portion of the sports wagering operation.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 13 - Sports Wagering › Rule 491-13.4 - Designated Sports Wagering Area

Current through Register Vol. 47, No. 3, July 24, 2024
A floor plan identifying the designated sports wagering area,
				including the location of any device used to assist in the placement,
				resolution or collection of any sports wager, shall be filed with the
				administrator for review and approval. Modification to a previously approved
				plan must be submitted for approval at least ten days prior to implementation.
				Designated wagering areas shall contain conspicuous signage which denotes that
				an individual must be at least 21 years of age to wager on sports. Exceptions
				to this rule must be approved in writing by the administrator. The sports
				wagering area is subject to compliance with 491-subrule
				5.4(7).
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 13 - Sports Wagering › Rule 491-13.6 - Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial
			 testing.
All equipment and systems integral to the conduct of sports
			 wagering and advance deposit sports wagering shall be tested and certified for
			 compliance with commission rules and the standards required by a
			 commission-designated independent testing laboratory. Certification and
			 commission approval must be received prior to the use of any equipment or
			 system to conduct sports wagering. The commission may designate more than one
			 independent testing laboratory.
(2)
Change control.
The licensees and advance deposit sports
			 wagering operators shall submit change control processes that detail evaluation
			 procedures for all updates and changes to equipment and systems to the
			 administrator for approval at least 30 days prior to operation. These processes
			 shall include, at a minimum, descriptions of the following areas of licensee
			 operations:
a. Process to classify all
			 changes according to organizational risk.
b. Process to designate whether changes must
			 be submitted to an independent testing laboratory for review and
			 certification.
c. Process for
			 emergency change determination and implementation.
d. Process to log or note changes. Must
			 include the details logged for each change, including but not limited to the
			 following areas:
(1) Date and time of change
			 or proposed date and time of change.
(2) Basic description of changes to be
			 implemented.
(3) Change
			 classification of change or changes, determined in accordance with the process
			 established by paragraph 13.6(2)
"a."
If emergency designation
			 is separate from other change classifications, this shall also be included in
			 the log or note.
(4) Identification
			 of whether a change was submitted to an independent testing laboratory, and the
			 certification report number of any testing.
e. Process to maintain logs or notify the
			 commission of changes.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 13 - Sports Wagering › Rule 491-13.7 - Licensing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application and payment of fee.
The commission shall, upon
			 payment of an initial license fee of $45,000 and submission of an application
			 consistent with the requirements of Iowa Code section
			 99F.6,
			 issue a license to conduct sports wagering to a facility.
(2)
Application procedure for a
			 facility.
Application for a license for a facility to conduct sports
			 wagering shall be made to the commission. In addition to the application, the
			 following must be completed and presented when the application is filed:
a. Name of the entity to be licensed by the
			 commission to conduct sports wagering operations in Iowa.
b. Disclosure of agreements with entities to
			 manage or operate sports wagering with or on behalf of the facility.
c. Disclosure of operating agreements for up
			 to two, or three if authorized by the commission, individually branded internet
			 sites to conduct advance deposit wagering for the facility.
d. Compliance with Iowa Code section
			 99F.6(4)
			 "a"(2) and (3) requirements for qualified sponsoring organizations or horse
			 racing purses.
e. A bond or
			 irrevocable letter of credit on behalf of the facility in an amount to be
			 determined by the commission.
f. A
			 bank check, cashier's check, or wire transfer made payable to Iowa Racing and
			 Gaming Commission for $45,000 for an initial license or $10,000 for a renewal
			 license.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.2 - Application for Fantasy Sports Contest Service Provider License and Licensing

Current through Register Vol. 47, No. 3, July 24, 2024
A fantasy sports contest service provider must be licensed by
				the commission to offer an internet fantasy sports contest under Iowa Code
				chapter 99E. Any individuals who are required to be occupationally licensed by
				the commission shall comply with the license requirements of Iowa Code section
				99E.5 and rules 491-6.2 (99D, 99E, 99F, 252J) to
				491-6.13 (99D, 99F, 272D).
				Occupational licensees are also subject to 491-Chapter 4.
(1)
Licensing standards.
Standards which shall be considered when determining the qualifications of an
			 applicant shall include, but are not limited to, financial stability; business
			 ability and experience; good character and reputation of the applicant as well
			 as all directors, officers, partners, and employees and integrity of financial
			 backers. For the purposes of this rule, the term "applicant" includes each
			 member of the board of directors or other governing body of an applicant.
a. The commission shall not grant a license
			 to an applicant if there is substantial evidence that any of the following
			 apply:
(1) A license issued to the applicant
			 to conduct internet fantasy sports contests in another jurisdiction has been
			 revoked, or a request for a license to conduct internet fantasy sports contests
			 in another jurisdiction has been denied, by an entity licensing persons to
			 conduct such contests in that jurisdiction.
(2) The applicant has not demonstrated
			 financial responsibility sufficient to adequately meet the requirements of the
			 enterprise proposed.
(3) The
			 applicant does not adequately disclose the true owners of the enterprise
			 proposed.
(4) The applicant has
			 knowingly made a false statement of a material fact to the
			 commission.
(5) The applicant has
			 failed to meet a monetary obligation in connection with conducting an internet
			 fantasy sports contest.
(6) The
			 applicant is not of good repute and moral character or the applicant has pled
			 guilty to, or has been convicted of, a felony.
(7) Any member of the board of directors or
			 governing body of the applicant is not 21 years of age or older.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.3 - Temporary License Certificates

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A temporary license certificate may be
			 issued at the discretion of the administrator.
(2) Any temporary license certificate issued
			 at the discretion of the administrator shall be valid for a maximum of 120
			 calendar days from the date of issue. Failure to obtain a permanent license
			 within the designated time may result in revocation of license eligibility,
			 fine, or suspension.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.4 - Withdrawal of Application

Current through Register Vol. 47, No. 3, July 24, 2024
A written notice of withdrawal of application may be filed by
				an applicant at any time prior to final action. No application shall be
				permitted to be withdrawn unless the administrator determines the withdrawal to
				be in the public interest. No fee or other payment relating to any application
				shall become refundable by reason of withdrawal of the
				application.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.5 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Initial
			 license. Once the commission is satisfied that the requirements of this chapter
			 have been met, an applicant will be granted an initial license for up to three
			 years.
(2) Annual license fee.
			 After the initial licensing period, a licensee shall pay an annual fee of
			 $1,000 for licensees with a yearly adjusted gross revenue under $150,000 or
			 $5,000 for licensees with a yearly adjusted gross revenue of $150,000 or
			 greater. The administrator shall set the time period for determining a
			 licensee's adjusted gross revenue. Licenses must be renewed annually in a
			 manner established by the commission.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.6 - Taxes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The licensee
			 shall pay a tax rate pursuant to Iowa Code section
			 99E.6
			 on adjusted revenue from fantasy sports contests. "Adjusted revenue" means the
			 amount equal to the total charges and fees collected from all participants
			 entering the fantasy sports contest less winnings paid to participants in the
			 contest, multiplied by the location percentage defined in Iowa Code section
			 99E.1. Charges and
			 fees returned to participants due to a participant withdrawing the
			 participant's entry from a fantasy sports contest shall not be considered when
			 calculating the adjusted revenue. Contests resulting in negative adjusted
			 revenue shall be considered promotional in nature and cannot be used to offset
			 taxes owed pursuant to Iowa Code section
			 99E.6.
(2) Voided and canceled
			 transactions are not considered receipts for the purpose of this
			 calculation.
(3) Any offering used
			 to directly participate in a contest shall be considered receipts for the
			 purpose of this calculation.
(4)
			 Any other fee collected to participate in a fantasy sports contest shall be
			 subject to the wagering tax pursuant to Iowa Code section
			 99E.6.
(5) All moneys collected for and owed to the
			 state of Iowa under Iowa Code chapter 99E for the payment of fantasy sports
			 contests shall be accounted for and itemized on a monthly basis, in a format
			 approved by the commission, by noon on Wednesday following a gaming week's end
			 as defined by 491-subparagraph 5.4(10)
"b
(1) in which the
			 completed gaming week includes the last day of the month. All fantasy sports
			 contest fees owed shall be received in the treasurer's office by 11 a.m. on the
			 Thursday after accounting and itemization is due in the commission
			 office.
(6) Fantasy sports
			 operators shall provide additional reports, as determined necessary by the
			 administrator, that detail the taxes collected in accordance with this rule.
			 Reports shall be provided to the commission in a format approved by the
			 administrator. The administrator shall provide written notice to any licensee
			 if additional reports are determined necessary. In addition, the administrator
			 shall provide adequate time to any licensee if a report needs to be created to
			 satisfy this requirement.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.7 - Account Registration

Current through Register Vol. 47, No. 3, July 24, 2024
A person must have an established account in order to
				participate in fantasy sports contests. To establish an account, an application
				for an account shall be authorized in a manner approved by the administrator
				and shall include the applicant's full legal name, principal residential
				address, date of birth and any other information required by the commission.
				The account registration process shall also include:
(1) Age verification to prevent persons under
			 the legal age from participating in fantasy sports contests and establishing an
			 account.
(2) Customer verification.
a. A customer verification process shall
			 include an exact match of the following:
(1)
			 Date of birth, including month, date and year of birth.
(2) The last four digits of the social
			 security number.
(3) Last
			 name.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.9 - Contest Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior to
			 conducting a new type of fantasy sports contest, a fantasy sports contest
			 service provider shall submit proposed contest rules to the administrator. The
			 contest submission shall be in writing and approved by the administrator prior
			 to implementation. The administrator shall approve, deny, or request further
			 information within three business days of submission. If the administrator
			 takes no action within that period, the fantasy sports contest service provider
			 may offer the requested contest unless the administrator issues a subsequent
			 disapproval. Once a contest is approved, the contest is available for all
			 fantasy sports contest service providers unless the contest format is
			 subsequently disapproved by the administrator for any reason the commission
			 deems appropriate. Fantasy sports contest service providers may offer minor
			 variations of an approved contest type without seeking administrator approval.
			 Minor variations include:
a. Offering the
			 contest format for any sport, league, association or organization previously
			 approved by the administrator for any fantasy sports contest type;
b. The size of the contest and number of
			 entries permitted;
c. Nonmaterial
			 changes to entry fee and prize structure;
d. The number of athletes that a contestant
			 selects to fill a roster when completing an entry;
e. The positions that must be filled when
			 completing an entry;
f. Adjustments
			 to the scoring system; and
g.
			 Adjustments to a salary cap.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.10 - Segregation Account Requirements and Financial Reserves

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Segregation.
Fantasy
			 sports contest service providers shall segregate all fantasy sports contest
			 player funds from operational funds.
(2)
Financial reserves.
For
			 the protection of the funds of contest participants held in paid fantasy sports
			 accounts, the fantasy sports contest service provider shall maintain a reserve
			 in the form of cash, cash equivalents, an irrevocable letter of credit, payment
			 processor reserves and receivables, a bond, or a combination thereof in the
			 amount of the deposits in internet fantasy sports contest player accounts.
a. The method of reserve shall be submitted
			 and approved by the commission prior to implementation.
b. The amount of the reserve shall be equal
			 to, at a minimum, the sum of all registered players' funds held in player
			 accounts originating in Iowa.
c.
			 If, at any time, the licensee's total reserve is less than the amount required
			 by the reserve calculation, the licensee shall notify the commission of this
			 deficiency within 72 hours.
d. Each
			 licensee shall continuously monitor and maintain a record of all player
			 deposits and the licensee's cash reserves to ensure compliance with the cash
			 reserves requirement.
e. The
			 licensee shall provide the commission with documentation including the amount
			 of deposits in players' accounts and the amount in cash reserves as of the last
			 day of each month. The information is due by the fifteenth day of the month for
			 the preceding month.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.11 - Annual Audit

Current through Register Vol. 47, No. 3, July 24, 2024
An audit of the fantasy sports contest operations for the
				licensee or parent company of the licensee shall be conducted by certified
				public accountants authorized to practice in the state of Iowa and provided to
				the commission within 180 days of the licensee's fiscal year and meet the
				following conditions:
(1) Inclusion of
			 an internal control letter, audited balance sheet, and audited profit-and-loss
			 statement including a breakdown of expenditures and subsidiaries of fantasy
			 sports contest activities.
(2)
			 Inclusion of a supplement schedule indicating financial activities on a
			 calendar-year basis if the licensee's fiscal year does not correspond to the
			 calendar year.
(3) Report of any
			 material errors, irregularities that may be discovered during the audit, or
			 notice of any audit adjustments.
(4) Availability, upon request, of an
			 engagement letter for the audit between the licensee or parent company of the
			 licensee and the auditing firm.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.12 - Abandoned Accounts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Abandoned player accounts under this rule are subject to Iowa Code chapter 556.
			 Player accounts are considered abandoned if no activity by the account holder
			 has occurred for three years. Player activity includes entering a contest,
			 making an account deposit, or withdrawing funds.
(2) No internet fantasy sports contest
			 service provider shall charge an administration fee or maintenance fee for any
			 inactive player account derived from state of Iowa residents at any time for
			 any reason.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.13 - Problem Gambling

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 licensee shall adopt and implement the following:
a. Policies and procedures designed to
			 identify compulsive play.
b.
			 Policies and procedures designed to comply with the process established by the
			 commission pursuant to Iowa Code section
			 99F.4(22).
c. Policies and procedures designed to
			 cooperate with the Iowa gambling treatment program in creating and establishing
			 controls.
d. Policies and
			 procedures designed to make information available to customers concerning
			 assistance for compulsive play in Iowa, including websites or toll-free numbers
			 directing customers to reputable resources containing further information,
			 which shall be free of charge.
e. A
			 process for players to easily impose limitations or notifications for deposits
			 and monetary participation in a contest. Limitations must be applied
			 automatically, take effect immediately, and be implemented as indicated by the
			 player. No changes can be made reducing the severity of the self-imposed
			 limitations for at least 24 hours.
f. A process for players to easily
			 self-exclude for a specified period of time and indefinitely. Self-exclusions
			 must be applied automatically, take effect immediately, and be implemented as
			 indicated by the player. No changes can be made to reduce the severity of the
			 self-exclusion limitations for at least 24 hours. In the event of indefinite
			 self-exclusion, the licensee must ensure that the player is paid in full for
			 the player's account balance within a reasonable time provided that the
			 licensee acknowledges that the funds have cleared. Players must be easily and
			 obviously directed via a link to exclude themselves pursuant to Iowa Code
			 section 99F.4(22). This
			 control does not supersede the requirements set forth in Iowa Code section
			 99F.4(22).
g. A process to review and deactivate
			 accounts of newly enrolled participants of the statewide self-exclusion program
			 set forth in Iowa Code section
			 99F.4(22). The
			 licensee must ensure that the player is paid in full for the player's account
			 balance provided that the licensee acknowledges that the funds have
			 cleared.
Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 14 - Fantasy Sports Contests › Rule 491-14.14 - Licensing of Internet Fantasy Sports Contest Service Providers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Operation.
The internet fantasy sports contest service
			 provider shall submit the following for commission approval:
a. Internal controls for the operation of the
			 account.
b. A detailed description
			 and certification of systems and procedures used by the internet fantasy sports
			 contest service provider to validate the identity, age and location of licensee
			 account holders and to validate the legality of wagers accepted.
c. Certification of secure retention of all
			 records related to internet fantasy sports contests and accounts for a period
			 of not less than three years or such longer period as specified by the
			 commission.
d. Certification of
			 prompt commission access to all records relating to account holder identity,
			 age and location in hard-copy or standard electronic format acceptable to the
			 commission.
e. Verification that
			 the player is not on the statewide voluntary self-exclusion list set forth in
			 Iowa Code section
			 99F.4(22)
			  prior to establishing an
			 account.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 1 - Administration › Rule 493-1.2 - Function

Current through Register Vol. 47, No. 3, July 24, 2024
The position of state public defender is established by Iowa
				Code chapter 13B. The state public defender is charged with the supervision of
				the operation of the state public defender system and with the coordination of
				the provision of legal defense representation of indigent persons in the state
				of Iowa.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 1 - Administration › Rule 493-1.3 - Overall Organization and Method of Operations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
State
			 public defender system.
The state public defender system is
			 administered by the state public defender. The system consists of three
			 divisions: an administrative division, a local public defender division, and an
			 appellate division.
(2)
Types of cases.
Based on statutes and appropriate case law,
			 the state public defender system provides representation for persons found to
			 be indigent in the following types of cases:
a. Felonies;
b. Misdemeanors, if an accused faces the
			 possibility of imprisonment under the applicable criminal statute or
			 ordinance;
c. Juvenile matters,
			 including delinquency, termination of parental rights, child in need of
			 assistance (CINA), judicial bypass proceedings, filing by an indigent party of
			 an adoption petition under Iowa Code section 600.3 to adopt a child who was the
			 subject of a termination of parental rights proceeding under Iowa Code chapter
			 232, and juvenile commitments;
d.
			 Probation and parole revocation cases;
e. Civil commitment proceedings under Iowa
			 Code chapter 229A; and
f. Other
			 matters authorized by law.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 1 - Administration › Rule 493-1.4 - Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information concerning the office of the state public defender
				or the state public defender system may be obtained by contacting the Office of
				the State Public Defender, Lucas State Office Building, Des Moines, Iowa
				50319-0087; or by telephone (515)242-6158 or fax (515)281-7289. Office hours
				are 8 a.m. to 4:30 p.m., Monday through Friday, excluding state holidays. The
				state public defender's Web site address is
http://spd.iowa.gov
.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 2 - Petitions for Rule Making › Rule 493-2.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "the Office
				of the State Public Defender, Lucas State Office Building, Des Moines, Iowa
				50319-0087". In lieu of the words "(AGENCY NAME)", the heading on the petition
				should read:
"BEFORE THE STATE PUBLIC DEFENDER"
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 2 - Petitions for Rule Making › Rule 493-2.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				may be made to the State Public Defender, Lucas State Office Building, Des
				Moines, Iowa 50319-0087; telephone (515)242-6158; email
				spdadminoffice@spd.state.ia.us.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 3 - Declaratory Orders › Rule 493-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate agency)", insert "state public
				defender". In lieu of the words "(designate office)", insert "the Office of the
				State Public Defender, Lucas State Office Building, 321 East 12th Street, Des
				Moines, Iowa 50319-0087". In lieu of the words "(AGENCY NAME)", the heading on
				the petition form should read:
BEFORE THE STATE PUBLIC DEFENDER
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 3 - Declaratory Orders › Rule 493-3.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of the
			 words "within___days", insert "within 15 days". Strike the words "(after time
			 for notice under X.2(17A)". In lieu of the number "X.8(17A))", insert
			 "3.8(17A)".
(2) In lieu of the
			 words "(designate agency)", insert "state public defender".
(3) In lieu of the words "(designate
			 office)", insert "the Office of the State Public Defender, Lucas State Office
			 Building, 321 East I2th Street, Des Moines, Iowa 50319-0087". In lieu of the
			 words "(designate agency)", insert "state public defender". In lieu of the
			 words "(AGENCY NAME)", the heading on the petition form should read:
BEFORE THE STATE PUBLIC DEFENDER
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 3 - Declaratory Orders › Rule 493-3.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				address)", insert "the State Public Defender, Lucas State Office Building, 321
				East 12th Street, Des Moines, Iowa 50319-0087".
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 3 - Declaratory Orders › Rule 493-3.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(2) In lieu of the words "(specify office and
			 address)", insert "the Office of the State Public Defender, Lucas State Office
			 Building, 321 East 12th Street, Des Moines, Iowa 50319-0087". In lieu of the
			 words "(agency name)", insert "state public defender".
(3) In lieu of the words "(uniform rule on
			 contested cases X.12(17A))", insert "rule
			 481-10.12 (17A) "
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 3 - Declaratory Orders › Rule 493-3.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
			 lieu of the words "(designate agency head)", insert "state public
			 defender".
(2) In lieu of the words
			 "(contested case uniform rule X.2(17A))", insert "rule
			 481-10.1 (10A) ".
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 4 - Public Records and Fair Information Practices › Rule 493-4.3 - 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 "state public defender". In
			 lieu of the words "(insert agency name and address)", insert "Office of the
			 State Public Defender, Lucas State Office Building, Des Moines, Iowa
			 50319-0087".
(2)
Office
			 hours.
In lieu of the words "(insert customary office hours and, if
			 agency does not have customary office hours of at least thirty hours per week,
			 insert hours specified in Iowa Code section
			 22.4) ", insert "8 a.m. to 4:30
			 p.m., Monday through Friday, except legal holidays".
(7)
Fees.
c.
Supervisory fee.
In lieu
			 of the words "(specify time period)", insert "one hour".
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 4 - Public Records and Fair Information Practices › Rule 493-4.6 - Procedures by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "the office
				of the state public defender".
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 4 - Public Records and Fair Information Practices › Rule 493-4.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without the
			 consent of the subject:
a. For a routine use
			 as defined in rule 4.10(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 an individual pursuant to a showing of
			 compelling circumstances affecting the health or safety of any individual if a
			 notice of the disclosure is transmitted to the last known address of the
			 subject.
d. To the legislative
			 services agency under Iowa Code section
			 2A.3.
e. Disclosures in the course of employee
			 disciplinary proceedings.
f. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 4 - Public Records and Fair Information Practices › Rule 493-4.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
"Routine use" means the disclosure of a record without the
				consent of the subject or subjects for a purpose which is compatible with the
				purpose for which the record was collected. It includes disclosures required to
				be made by statute other than the public records law, Iowa Code chapter
				22.
To the extent allowed by law, the following uses are considered
				routine uses of all agency records:
1.
			 Disclosure to those officers, employees, and agents of the agency who have a
			 need for the record in the performance of their duties. The custodian of the
			 record may, upon request of any officer or employee, or on the custodian's own
			 initiative, determine what constitutes legitimate need to use confidential
			 records.
2. 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.
3. 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.
4. Any disclosure
			 specifically authorized by the statute under which the record was collected or
			 maintained.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 4 - Public Records and Fair Information Practices › Rule 493-4.11 - 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 4.7(17A,22).
(2)
Complaints to public officials.
A letter from the subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may,
			 to the extent permitted by law, be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 4 - Public Records and Fair Information Practices › Rule 493-4.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 written request to review confidential records may be filed by the subject of
			 the record as provided in rule 4.6(17A,22). 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 the Iowa Code. (See Iowa
			 Code section 22.7(5).)
d. Others authorized by law.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 4 - Public Records and Fair Information Practices › Rule 493-4.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Open records. Agency records are open for public inspection and copying unless
			 otherwise provided by rule or law.
(2) Confidential records. The following
			 records may be withheld from public inspection. Records are listed by category,
			 according to the legal basis for withholding them from public inspection.
a. Sealed bids received prior to the time set
			 for public opening of bids. (Iowa Code section
			 72.3)
b. Tax records made available to the agency.
			 (Iowa Code sections 422.20 and
			 422.72)
c. Records which are exempt from disclosure
			 under Iowa Code section
			 22.7.
d. Minutes of closed meetings of a government
			 body. (Iowa Code section
			 21.5(4)
			)
e. Identifying details in final
			 orders, decisions and opinions to the extent required to prevent a clearly
			 unwarranted invasion of personal privacy or trade secrets under Iowa Code
			 section 17A.3(1)  "d.
			 "
f. Records which constitute
			 attorney work product, attorney-client communications, or which are otherwise
			 privileged. Attorney work product is confidential under Iowa Code sections
			 22.7(4),622.10
			 and 622.11, Iowa R.C.P. 1.503, the
			 rules of evidence, the Code of Professional Responsibility, and case
			 law.
g. Criminal investigative
			 reports. (Iowa Code section
			 22.7(5)
			)
h. A claim for compensation and
			 reimbursement for legal assistance and supporting documents submitted to the
			 state public defender for payment of costs incurred in the legal representation
			 of an indigent person pursuant to Iowa Code section
			 13B.4B, except as disclosure is
			 authorized under that section.
i.
			 Any other records considered confidential by law.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 4 - Public Records and Fair Information Practices › Rule 493-4.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
The state public defender maintains systems of records which
				contain personally identifiable information.
(1) By authority of Iowa Code chapter 13B,
			 the appellate defender division maintains information and records relating to
			 criminal and postconviction relief cases that are being appealed. Records
			 contain names and identifying numbers of persons involved in these cases. Case
			 information is stored in a data processing system and may be compared with
			 information in any data processing system. By authority of Iowa Code section
			 910A.13, the names of child victims shall not be disclosed. Confidential
			 juvenile records under Iowa Code section
			 232.147 shall not be disclosed
			 except as otherwise permitted by law. Presentence investigation reports in the
			 possession of the appellate defender are confidential records pursuant to Iowa
			 Code section 901.4.
(2) Litigation files. Litigation files or
			 records contain information regarding litigation or anticipated litigation,
			 which include judicial and administrative proceedings. The records include
			 briefs, depositions, docket sheets, documents, correspondence, attorney's
			 notes, memoranda, research materials, witness information, investigation
			 materials, information compiled under the direction of the attorney, and case
			 management records. The files contain materials which are confidential as
			 attorney work product and attorney-client communications. Some materials are
			 confidential under other applicable provisions of law or because of a court
			 order Persons wishing copies of pleadings and other documents filed in
			 litigation should obtain them from the clerk of the appropriate court which
			 maintains the official copy.
(3)
			 Contracts. Contractual agreements are maintained by the state public defender
			 These records contain personally identifiable information when the agreement is
			 with a specific individual. In those instances, the records include the name,
			 address, and social security number of the contracting attorney. Other
			 information in these records may include the proposal of the contracting
			 attorney, budget figures, correspondence, and business information. Personally
			 identifiable information is contained in a data processing system and may be
			 compared with information in any data processing system.
(4) Personnel files. Personnel files contain
			 information required for tax withholding, information concerning employee
			 benefits, affirmative action reports, and other information concerning the
			 employer-employee relationship. Some of this information is confidential under
			 Iowa Code section 22.7(11).
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 4 - Public Records and Fair Information Practices › Rule 493-4.15 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
Other groups of records are maintained by the state public
				defender other than the records described in rule 4.14(22). These records are
				routinely available to the public; however, the agencies' files may contain
				confidential information. The records may contain information about
				individuals. All records are stored on paper and in some cases in automated
				data processing systems.
(1)
Rule making.
Rule-making records may contain information about
			 individuals making written or oral comments on proposed rules. This information
			 is collected pursuant to Iowa Code section
			 17A.4. This information is
			 available for public inspection and is not stored in an automated data
			 processing system.
(2)
Commission records.
Agendas, minutes, and materials presented
			 to the indigent defense advisory commission are available from the office of
			 the state public defender, except those records concerning closed sessions
			 exempt under Iowa Code section
			 21.5(4).
			 Commission records contain information about people who participate in
			 meetings. This information is collected pursuant to Iowa Code section
			 21.3. This information is not
			 retrieved by individual identifier and is not stored in an automated data
			 processing system.
(3)
Statistical reports.
Periodic reports on the state public
			 defender system and the delivery of indigent defense services are available
			 from the office of the state public defender
(4)
Address lists.
Rescinded
			 lAB 12/28/11, effective 2/1/12.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 5 - Agency Procedure for Rule Making › Rule 493-5.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
Strike the words "(identify office and
			 address) or".
(5)
Accessibility.
In lieu of the words "(designate office and
			 telephone number)", insert "the office of the state public defender at
			 (515)242-6158".
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 5 - Agency Procedure for Rule Making › Rule 493-5.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Mailing list.
In lieu of the words "(designate office)",
			 insert "the Office of the State Public Defender, Lucas State Office Building,
			 321 East 12th Street, Des Moines, Iowa 50319-0087".
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 5 - Agency Procedure for Rule Making › Rule 493-5.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Categories exempt.
In
			 lieu of the words "(List here narrowly drawn classes of rules where such an
			 exemption is justified and a brief statement of the reasons for exempting each
			 of them)", insert the following:
"a. Rules
			 which are mandated by federal law or regulation in any situation where the
			 department has no option but to adopt specified rules or where federal funding
			 is contingent upon the adoption of the rules;
"b. Rules which implement recent legislation
			 when a statute provides for an effective date which does not allow for the
			 usual notice and public participation requirements;
"c. Rules which confer a benefit or remove a
			 restriction on licensees, the public or some segment of the public;
"d. Rules which are necessary because of
			 imminent peril to the public health, safety or welfare; and
"e. Nonsubstantive rules intended to correct
			 typographical errors, incorrect citations, or other errors in existing
			 rules."
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 5 - Agency Procedure for Rule Making › Rule 493-5.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
In lieu of the
			 words "(specify the office and address)", insert "the Office of the State
			 Public Defender, Lucas State Office Building, 321 East 12th Street, Des Moines,
			 Iowa 50319-0087".
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				waivers from rules adopted by the state public defender. The intent of this
				chapter is to allow persons to seek exceptions to the application of rules
				issued by the state public defender.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.2 - Interpretive Rules

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter shall not apply to rules that merely define the
				meaning of a statute or other provision of law or precedent if the state public
				defender does not possess delegated authority to bind the courts to any extent
				with its definition.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.3 - Compliance With Statute

Current through Register Vol. 47, No. 3, July 24, 2024
The state public defender shall not grant a petition for waiver
				from a rule unless a statute or other provision of law has delegated authority
				to the state public defender sufficient to justify that action and the waiver
				is consistent with the statute or other provision of law. No waiver may be
				granted from a requirement that is imposed by statute, unless the statute
				itself specifically authorizes that action. Any waiver must be consistent with
				statute.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
At the sole discretion of the state public defender, the state
				public defender may issue an order, in response to a completed petition,
				granting a waiver from a rule adopted by the state public defender, in whole or
				in part, as applied to the circumstances of a specified person or a specific
				and narrowly drawn class of persons if the state public defender finds based on
				clear and convincing evidence that:
1.
			 The application of the rule to the petitioner would pose an undue hardship on
			 the person or class of persons for whom the waiver is requested;
2. The waiver from the requirements of a rule
			 in the specific case would not prejudice the substantial legal rights of any
			 person;
3. The provisions of a rule
			 subject to a petition for a waiver are not specifically mandated by statute or
			 another provision of law; and
4.
			 Substantially equal protection of public health, safety, and welfare will be
			 afforded by a means other than that prescribed in the particular rule for which
			 the waiver is requested.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				State Public Defender, Lucas State Office Building, 321 East 12th Street, Des
				Moines, Iowa 50319-0087. If the petition relates to a pending contested case,
				the petition shall also be filed in the contested case
				proceeding.