reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.5 - Historic Preservation and Cultural and Entertainment District Tax Credit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Tax
				credit.
An eligible taxpayer who has entered into and complied with an
				agreement under Iowa Code section
				404A3(3).
				and has complied with the program statutes and rules is eligible to claim a
				historic tax credit of 25 percent of the qualified rehabilitation expenditures
				of a qualified rehabilitation project that are specified in the agreement.
				Notwithstanding any other provision in Iowa Code chapter 404A, this chapter, or
				any provision in the agreement to the contrary, the amount of the tax credit
				shall not exceed 25 percent of the final qualified rehabilitation expenditures
				verified by the authority pursuant to Iowa Code section
				404A3(5).
"c."
(2)
Who may claim the credit.
The tax credit shall be allowed
				against the taxes imposed in Iowa Code chapter 422, divisions II, III, and V,
				and in Iowa Code chapter 432. An individual may claim a tax credit under this
				rule of a partnership, limited liability company, S corporation, estate, or
				trust electing to have income taxed directly to the individual. For an
				individual claiming a tax credit of an estate or trust, the amount claimed by
				the individual shall be based upon the pro rata share of the individual's
				earnings from the estate or trust. For an individual claiming a tax credit of a
				partnership, limited liability company, or S corporation, the amount claimed by
				the partner, member, or shareholder, respectively, shall be based upon the
				amounts designated by the eligible partnership, S corporation, or limited
				liability company, as applicable.
(3)
Transferability.
Tax
				credit certificates issued under Iowa Code section
				404A3.
				may be transferred to any person. For information on transfer of tax credits
				under this program, see department of revenue rules 701-42.55 (404A,422),
				701-52.48 (404A,422), and 701-58.10(404A,422).
(4)
Refundability and
				carryforward.
An eligible taxpayer or a transferee may elect to
				receive either a refundable or a nonrefundable tax credit. For information on
				refundable and nonrefundable tax credits, including the carryforward of
				nonrefundable tax credits, see department of revenue rules 701-42.55
				(404A,422), 701-52.48 (404A,422), and 701-58.10(404A,422).
(5)
How to claim the tax
				credit.
For information on how to claim the tax credit, see department
				of revenue rules 701-42.55 (404A,422), 701-52.48 (404A,422), and
				701-58.10(404A,422).
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.6 - Management of Annual Aggregate Tax Credit Award Limit

Current through Register Vol. 47, No. 3, July 24, 2024
The authority shall not register, as described in rule
				  261-49.13 (404A), more projects in a given fiscal year for tentative awards
				  than there are tax credits available for that fiscal year under Iowa Code
				  section 404A. 4. The authority will determine the projects for which sufficient
				  tax credits are available based on the estimated qualified rehabilitation
				  expenditures identified in the registration application, plus allowable cost
				  overruns as described in paragraph 49.14(1)
"c."
(1)
Registration scoring.
If
				applicants' total tax credit requests from a fiscal year allocation exceed the
				tax credit allocation for that fiscal year, the authority will prioritize its
				determinations based on the applicants' registration scores. All registered
				projects must meet the minimum score as described in rule 261-49.13 (404A). If
				there are no more projects that meet the minimum score as described in rule
				261-49.13(404A), the authority may make the remaining tax credits available for
				small projects or allow the remaining tax credits for the fiscal year to carry
				forward to the succeeding fiscal year to the extent permitted by Iowa Code
				section
				404A4..
(2)
Registrations for future tax
				credit allocations.
Registrations for future tax credit allocations
				require a new application. When registering projects for a particular fiscal
				year, the authority shall not award, reserve, or register tax credits from
				future fiscal years' tax credit allocations. An applicant whose project is not
				registered due to an insufficient score or noncompliance with the application
				or the program statute or rules may submit future applications for future
				fiscal year tax credit allocations.
(3)
Reallocation or rollover of
				available tax credit awards.
Tax credits may be reallocated or rolled
				over into future fiscal years to the extent permitted by Iowa Code section
				404A.4.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.7 - Application and Agreement Process, Generally

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All applications and other filings
				related to the program shall be on such forms and in accordance with such
				instructions as may be established by the authority. Information about the
				program and a link to the online application and instructions may be obtained
				by contacting the authority or by visiting the authority's Web site:
Iowa Economic Development Authority
Community Development Division
200 East Grand Avenue, Des Moines, Iowa 50309
(515)725-3000
http://iowaeconomicdevelopment.com/
(2) An application shall
				not be considered submitted for review until the application is completed and
				all required supporting documentation and information are provided.
(3) The application and agreement process
				consists of six steps:
a. The applicant
				submits a Part 1 application to the authority, which is used to evaluate the
				property's integrity and significance. The authority will consult with SHPO
				when reviewing the Part 1 application.
b. Unless the Part 1 application is denied by
				the authority, the applicant participates in a preapplication meeting with SHPO
				and the authority to discuss what to expect for the remainder of the
				application process.
c. If the Part
				1 application is approved and the preapplication meeting is completed, the
				applicant submits a Part 2 application to the authority, which is used to
				evaluate the proposed rehabilitation work. The authority will consult with SHPO
				when reviewing the Part 2 application.
d. If the Part 2 application is approved, the
				applicant submits a registration application to the authority, which is used to
				score the applicant's rehabilitation plan and financial readiness. If the
				project is awarded a sufficient registration score, satisfies other
				requirements of the application and program, and sufficient tax credits are
				available, the authority may register the project.
e. If the project is registered, the
				applicant may enter into an agreement with the authority that establishes the
				maximum amount of the tax credit award and the terms and conditions that must
				be met to receive the tax credits. An applicant must enter into and comply with
				an agreement in order to participate in the program and claim any tax credits.
f. Once the project is completed
				and the property is placed in service, the applicant submits a Part 3
				application to the authority, which is used to evaluate whether the completed
				work meets the federal standards and the other requirements of the agreement,
				laws, and regulations of the program. The authority will consult with SHPO when
				reviewing the Part 3 application.
A more detailed description of each step is provided in rules
				  261-49.10(404A) through 261-49.15 (404A).
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.8 - Small Projects

Current through Register Vol. 47, No. 3, July 24, 2024
Projects with anticipated final qualified rehabilitation
				  expenditures of more than $750,000 will be evaluated as large projects.
				  Projects with $750,000 or less in anticipated final rehabilitation expenditures
				  will be evaluated as small projects. If an applicant anticipates that the final
				  qualified rehabilitation expenditures will exceed $750,000, the applicant may
				  only submit its application as a large project. The authority will not permit a
				  small project applicant to submit additional or amended applications that would
				  cause the final qualified expenditures to exceed $750,000.
(1)
Small project fund.
The
				authority shall allocate at least 5 percent of its annual fiscal year tax
				credit award limit to small projects.
(2)
Aggregate award limit.
For applicants that receive credits from the small project allocation, the
				cumulative total award for multiple applications for a single property shall
				not exceed $750,000 in qualified rehabilitation expenditures plus any allowable
				cost overruns as described in paragraph 49.14(1)
"c, "
regardless of the final qualified rehabilitation expenditures. The authority
				will not accept an application by the same owner for a property for which
				credits were previously received through the small project fund if the
				application causes the cumulative total to exceed $750,000, plus any allowable
				cost overruns as described in paragraph 49.14(1)
"c. "
(3)
Application and
				agreement process.
The Part 1, Part 2, and Part 3 application process
				and the agreement requirements are the same for small projects as for large
				projects. The registration process for small projects differs from that for
				large projects. See subrule 49.13(8) for more information on the registration
				process for small projects.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.9 - Who May Apply for the Tax Credit

Current through Register Vol. 47, No. 3, July 24, 2024
Only an eligible taxpayer may apply for the tax credit. To
				  be an eligible taxpayer, the applicant must be either (1) the fee simple owner
				  or (2) a person that will ultimately qualify for the federal rehabilitation
				  credit with respect to the qualified rehabilitation project. A nonprofit
				  organization as defined in rule 261-49.3 (404A) may apply for the tax credit if
				  the nonprofit organization is the fee simple owner of the property.
(1)
Applicants that are fee simple
				owners.
If the applicant qualifies as an eligible taxpayer on the
				basis that the applicant is the fee simple owner of the property, the applicant
				will be expected to provide proof of title as described in subrule
				49.10(2).
(2)
Applicants
				that will qualify for the federal credit.
If the applicant qualifies
				as an eligible taxpayer on the basis that the applicant will qualify for the
				federal rehabilitation credit with regard to the property, the applicant will
				be asked to provide increasingly substantial evidence as described in subrules
				49.10(2) and 49.12(1) that the applicant will qualify for the federal credit,
				culminating with proof of actual fee simple ownership or a long-term lease that
				meets the requirements of the federal rehabilitation credit before the
				agreement is entered into with the authority. Applicants that are eligible to
				apply under this subrule must obtain from the fee simple owner of the property
				a written statement which indicates that the owner is aware of the application
				and has no objection and include the statement with the application.
(3)
Who may not apply.
Government bodies as defined in Iowa Code section
				3622. may not apply.
				Additionally, an applicant may not initiate the application process to apply
				for tax credits by submitting a Part 1 application on a project if all of the
				work has been completed and the qualified rehabilitation project has already
				been placed in service.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.10 - Part 1 Application-evaluation of Significance

Current through Register Vol. 47, No. 3, July 24, 2024
The Part 1 application is used to determine whether the
				  property is eligible to be a qualified rehabilitation project.
(1)
Types of property that are
				eligible.
The property must meet the federal standards for historical
				significance.
(2)
Proof of
				status as eligible taxpayer.
The Part 1 application may be submitted
				to the authority by an eligible taxpayer as described in rule 261-49.9 (404A).
a. To prove the applicant is the fee simple
				owner, the applicant will be expected to provide title documentation. If the
				title is held in the name of an entity, the application must be accompanied by
				documentation which indicates that the signatory is the authorized
				representative of the entity.
b. If
				the applicant is not the fee simple owner but plans to apply for the federal
				rehabilitation credit, the applicant must provide a copy of the approved
				federal Part 1 application, unless the property is individually listed on the
				National Register of Historic Places. The applicant must also certify that the
				applicant plans to apply and expects to qualify for the federal credit, and the
				applicant must provide proof of permission from the fee simple owner as
				described in subrule 49.9(2).
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.11 - Preapplication Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the preapplication meeting is to provide
				  feedback to the applicant and other interested parties that will enable the
				  applicant to better plan and prepare for submission of the Part 2 and
				  registration applications.
(1)
Meeting requests.
Once the completed Part 1 application is
				submitted, the applicant may request a preapplication meeting by using the
				preapplication form, which may be obtained by contacting the authority or by
				visiting the authority's Web site.
(2)
Timing of the preapplication
				meeting.
The meeting must take place no fewer than 30 days after the
				submission of the Part 1 application and prior to submission of the Part 2
				application. Meetings may be held by telephone at the authority's
				discretion.
(3)
Required
				information.
The applicant must bring at least the following items to
				the meeting: preliminary drawings, photographs of the exterior (all elevations)
				and interior, a preliminary list of character-defining features and treatments
				or a draft Part 2 application, and a list of questions for which specific
				guidance is needed. The authority may request additional information. If the
				preapplication meeting will be held by telephone, the required documents must
				be submitted electronically at least one week prior to the meeting
				date.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.12 - Part 2 Application-description of Rehabilitation

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the Part 2 application is to determine
				  whether the proposed rehabilitation work meets the federal standards. The
				  applicant must describe the rehabilitation work to be undertaken on the
				  property. The review of the Part 2 application is a preliminary determination
				  only and is not binding upon the authority. A formal certification of
				  rehabilitation shall be issued only after the rehabilitation work is
				  completed.
(1)
Proof of status
				as eligible taxpayer.
The Part 2 application must be submitted by an
				eligible taxpayer as described in rule 261-49.9 (404A).
a. An applicant that is the fee simple owner
				does not need to provide any additional information regarding ownership unless
				there has been a change in ownership since the Part 1 application was
				approved.
b. If the applicant is
				not the fee simple owner but plans to apply for the federal rehabilitation
				credit, the applicant must provide a copy of the signature page of the approved
				federal Part 2 application signed by the National Park Service. The applicant
				must also certify that the applicant plans to apply and expects to qualify for
				the federal credit and must provide proof of permission from the fee simple
				owner as described in subrule 49.9(2).
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.13 - Registration Application

Current through Register Vol. 47, No. 3, July 24, 2024
If the authority has approved Part 1 and Part 2 applications
				  for a project, the applicant may submit a historic tax credit registration
				  application to the authority during the applicable registration period. The
				  registration application is used to determine whether the project is ready to
				  proceed both financially and logistically. The registration application is also
				  used to confirm whether the proposed work will meet the substantial
				  rehabilitation test and whether the project is a small project or a large
				  project. The registration application is also used to obtain background
				  information, including information that may disqualify an applicant from
				  participating in the program, as well as other information about the applicant,
				  related persons, and related entities. Though the application process is
				  largely the same for small projects as it is for large projects, there are some
				  differences. For details on those differences, see rule 261-49.8 (404A).
(1)
Proof of status as eligible
				taxpayer.
An eligible taxpayer as defined in rule 261-49.3 (404A) may
				submit a registration application.
a. An
				applicant that is the fee simple owner must notify the authority of any changes
				in ownership status since the Part 2 application was filed.
b. If the applicant is not the fee simple
				owner but plans to apply for the federal rehabilitation credit, the applicant's
				application will be scored based on the steps taken toward ownership as
				described in subrule 49.13(6). The applicant must certify that the applicant
				understands that the applicant will not qualify for any state historic tax
				credit if the applicant is not the fee simple owner or not otherwise an
				eligible taxpayer. The applicant must also provide proof of permission from the
				fee simple owner as described in subrule 49.9(2).
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.16 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants must pay a nonrefundable fee for the processing of
				  Parts 2 and 3 of an application. The review fee for Part 2 will be due with the
				  filing of the Part 2 application and will be based on the estimated qualified
				  rehabilitation costs. The fee for review of Part 3 will be due with the filing
				  of the Part 3 application and will be based on the final qualified
				  rehabilitation expenditures. The fee schedule is as follows:
For projects with qualified rehabilitation
							 expenditures of:
Part 2 Processing Fee
Part 3 Processing Fee
$50,000 or less
No cost
No cost
$50,001 to $100,000
$250
$250
$100,001 to $750,000
$500
$500
$750,001 to $6,000,000
$1,000
0.5 percent of final qualified rehabilitation
							 expenditures
Over $6,000,000
$1,500
$30,000
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.18 - Certificate Issuance; Claiming the Tax Credit

Current through Register Vol. 47, No. 3, July 24, 2024
After determining whether the terms of the agreement, Iowa
				  Code chapter 404A, and the applicable rules have been met, the authority shall
				  issue a tax credit certificate to the eligible taxpayer stating the amount of
				  tax credit under Iowa Code section
				  404A2.
				  the eligible taxpayer may claim, or the authority shall issue a notice that the
				  eligible taxpayer is not eligible to receive a tax credit certificate. The
				  authority shall issue the tax credit certificate or the notice not later than
				  60 days following the completion of the examination review, if applicable, and
				  the verifications required under this rule. Notwithstanding the foregoing, the
				  eligibility of the tax credit remains subject to audit by the department of
				  revenue in accordance with Iowa Code chapters 421 and 422. For information on
				  how to claim the tax credit, see department of revenue rules 701-42.55
				  (404A,422), 701-52.48 (404A,422), and 701-58.10(404A,422).
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 49 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 261-49.19 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Any person wishing to contest an application denial, the
				  amount of the tax credit award, award revocation, or any authority action that
				  entitles the person to a contested case proceeding shall file an appeal, in
				  writing, within 30 days of the action giving rise to the appeal. Any person who
				  does not seek an appeal within 30 days of the action that gives rise to a right
				  to a contested case proceeding shall be precluded from challenging the action.
				  Appeals will be governed by the procedures set forth in this rule, together
				  with the process set out in Iowa Code sections
				  17A10.
				  to
				  17A19..
				  Challenges to an action by the department of revenue related to tax credit
				  transfers, claiming of tax credits, tax credit revocation, or repayment or
				  recovery of tax credits must be brought pursuant to department of revenue
				  701-Chapter 7.
(1)
Contents.
The appeal shall contain the following in separate
				numbered paragraphs:
a. A statement of the
				authority action giving rise to the appeal.
b. The date of the authority action giving
				rise to the appeal.
c. Each error
				alleged to have been committed, listed as a separate paragraph. For each error
				listed, an explanation of the error and all relevant facts related to the error
				shall be provided.
d. Reference to
				the particular statutes, rules, or agreement terms involved, if
				known.
e. A statement setting forth
				the relief sought.
f. The
				signature of the person or that person's representative and the mailing
				addresses, telephone numbers, and e-mail addresses of the person and the
				person's representative.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 50 - Division Responsibilities › Rule 261-50.1 - Mission

Current through Register Vol. 47, No. 3, July 24, 2024
The division's mission is to continually strengthen Iowa's
				  presence in the domestic and international marketplace, promote Iowa goods and
				  services worldwide, attract and retain skilled workers, attract and retain
				  business investment and facilitate the growth of Iowa's entrepreneurial and
				  existing businesses to create new opportunities and wealth for
				  lowans.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 50 - Division Responsibilities › Rule 261-50.2 - Division Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
The division's primary responsibilities are marketing,
				  business assistance, operation of the office of science and technology, and
				  business finance.
(1)
Marketing.
Marketing activities include, but are not limited
				to, administration of the taste of Iowa program, business location assistance,
				assisting existing industry, export marketing, human resource recruitment
				consortium, reverse foreign investment and trade missions.
(2)
Business assistance.
Business assistance includes, but is not limited to, administration of the
				following programs and services: business license information center (BLIC),
				economic development set-aside (EDSA) program, assistance to businesses and
				communities regarding immigration issues, brownfield redevelopment assistance,
				Iowa waste exchange program, physical infrastructure assistance program (PIAP),
				regional angel investors network (RAIN), recycle Iowa, regulatory assistance,
				venture network of Iowa (VNI), training assistance under Iowa Code chapters
				260E and 260F, and accelerated career education (ACE) under Iowa Code chapter
				260G.
(3)
Business
				finance.
Business finance activities include, but are not limited to,
				program administration for community economic betterment account (CEBA), CEBA
				venture, comprehensive management assistance, entrepreneurs with disabilities,
				new jobs and income program (NJIP), enterprise zone (EZ) program,
				entrepreneurial ventures assistance (EVA) program, self-employment loan program
				(SELF), targeted small business financial assistance program (TSBFAP), and
				value-added agricultural products financial assistance program
				(VAAPFAP).
(4)
Office of
				science and technology.
Reserved.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 51 - Butchery Innovation and Revitalization Program › Rule 261-51.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section 15E.370, the authority is
				  authorized to provide financial assistance to businesses for projects relating
				  to butchery innovation and revitalization as identified in this
				  chapter.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 51 - Butchery Innovation and Revitalization Program › Rule 261-51.3 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible businesses.
To be eligible for a grant under the
				program, an applicant shall meet all of the eligibility requirements in Iowa
				Code section 15E.370(4)  as
				amended by 2023 Iowa Acts, House File 185, in addition to all of the following
				requirements:
a. The business must be
				incorporated or organized in Iowa or authorized to do business in
				Iowa.
b. The business must be an
				establishment that holds a current license from the department in accordance
				with the requirements of Iowa Code chapter 189A or is actively working with the
				department to obtain a license. Factors the authority may consider in
				determining whether a business is actively working with the department to
				obtain a license include, but are not limited to, the number and frequency of
				contacts the business has had with the department, whether the business has
				submitted an application for inspection to the department or FSIS, and whether
				the department or FSIS has conducted a site visit at the business.
c. The applicant must have an assessment of
				the applicant's proposed investment completed by CIRAS prior to submission of
				an application.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 51 - Butchery Innovation and Revitalization Program › Rule 261-51.4 - Application Submittal and Review Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The authority
				will develop a standardized application process and make information on
				applying available on the authority's website. To apply for assistance under
				the program, an eligible business shall submit an application to the authority
				in the form and manner prescribed by the authority.
(2) Applications will be accepted only during
				established application periods as announced on the authority's website.
				Applications will be reviewed in the order received by the authority.
(3) The authority may refuse to accept
				incomplete applications or may refuse to accept applications because of
				insufficient funds.
(4) A scoring
				committee will consider, evaluate, and recommend applications for financial
				assistance under the program. The committee will review applications for
				financial assistance and score the applications according to the criteria
				described in subrule 51.5(2).
(5)
				Applications that are recommended for funding by the committee will be
				forwarded to the board for final approval.
(6) The maximum amount of financial
				assistance awarded to an eligible business for all applications under the
				program shall not exceed $100,000.
(7) Successful applicants will be notified in
				writing of an award of financial assistance, including any conditions and terms
				of the award.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 51 - Butchery Innovation and Revitalization Program › Rule 261-51.5 - Application Scoring Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application scoring.
A scoring committee composed of
				individuals with relevant expertise and experience will be appointed by the
				director in consultation with the secretary. The committee will evaluate the
				applications and give them an average numerical score between 0 and
				100.
(2)
Scoring
				criteria.
The criteria under which each application will be scored
				are:
a. The extent to which the project
				expands processing capacity or increases efficiency: 25 points. Projects that
				benefit local small-scale farmers by creating or expanding opportunities to
				market processed meat under private labels, provide greater flexibility or
				convenience to have animals processed, or establish an essential community
				asset will receive more points. Projects that are likely to negatively impact
				existing meat processing businesses will receive fewer points. The committee
				may also consider the extent of any likely negative impact.
b. The sufficiency of the proposed project's
				financing structure, the feasibility of the sources of funds, and the
				appropriateness of the proposed uses of the funds: 25 points. Applicants that
				can demonstrate that the applicant has planned for long-term use of the project
				will receive more points.
c. The
				extent to which the proposed investment is consistent with the opportunities
				identified in the assessment completed by CIRAS pursuant to paragraph
				51.3(1)
"h"
: 15 points.
d. The number and quality of jobs to be
				created by the applicant as a result of the project or the extent to which the
				proposed investment uses automation to address workforce issues: 15 points.
				Projects that create more jobs or higher quality jobs will receive more points.
				Factors the committee will consider in assessing the quality of jobs include,
				but are not limited to, wages and benefits. Projects that utilize technology to
				address the workforce needs of the business, resulting in a more skilled
				workforce or increased processing capacity, will also receive more
				points.
e. The financial need of
				the applicant: 10 points. Applicants that received a business improvement grant
				from the department for expenses incurred between March 1, 2020, and December
				1, 2020, or previous financial assistance from the authority will receive fewer
				points.
f. The completeness of the
				application information and sufficiency of detail used to describe the project
				in the application: 10 points.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 51 - Butchery Innovation and Revitalization Program › Rule 261-51.6 - Contract Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				authority will prepare a contract for each award approved by the board. The
				contract will reflect the terms of the award and may include other terms and
				conditions reasonably necessary for implementation of the program pursuant to
				this chapter.
(2) Any substantive
				change to a proposed project shall require an amendment to the contract.
				Amendments shall be requested in writing. No amendment shall be valid until
				approved by the board. The authority may execute nonsubstantive or corrective
				changes to the contract without board approval.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 51 - Butchery Innovation and Revitalization Program › Rule 261-51.7 - Disbursement of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
The authority will disburse funds for a project only after a
				  complete application has been received, an award has been approved by the
				  board, a contract has been executed between the applicant and the authority,
				  and all applicable conditions for disbursement have been met, including the
				  submission of documentation pertaining to the eligible expenditures.
				  Disbursement of funds under the contract will be on a reimbursement basis for
				  expenses incurred by the applicant after the date the board approves the award
				  and as provided under the contract.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 51 - Butchery Innovation and Revitalization Program › Rule 261-51.8 - Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant receiving assistance under the program shall
				  submit any information reasonably requested by the authority in sufficient
				  detail to permit the authority to prepare any reports required by the
				  authority, the board, the general assembly or the governor's
				  office.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 52 - Iowa Targeted Small Business Certification Program › Rule 261-52.2 - Certification

Current through Register Vol. 47, No. 3, July 24, 2024
The authority is responsible for ascertaining that a small
				  business is owned, operated, and actively managed by a targeted group
				  person.
(1) Regular certification.
				Before a small business can participate in the Iowa targeted small business
				program, it must be certified by the authority.
a. The authority shall review applications
				from small businesses to determine whether they are eligible to participate in
				the program pursuant to this chapter as in effect as of the date of application
				for certification.
b. Certification
				means the authority has determined that the business meets eligibility
				standards.
c. Applications for the
				targeted small business certification are available by contacting the authority
				or by visiting the authority's website:
Iowa Economic Development Authority
1963 Bell Avenue, Suite 200
Des Moines, Iowa 50315
515.348.6200
www.iowaeda.com
d. Applicants shall receive written
				notification of the authority's decision.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 52 - Iowa Targeted Small Business Certification Program › Rule 261-52.3 - Description of Application

Current through Register Vol. 47, No. 3, July 24, 2024
The TSB application requires information about the people who
				  own, control, and manage the applicant business.
(1) Names, current addresses, verification of
				targeted group status and the employer's federal identification number, if
				applicable, are required. The proportion of ownership of the business and the
				names of stockholders or owners must be included. Documents which establish
				financial responsibility may be required.
(2) The authority may require the applicant
				to provide any information reasonably required to assess the applicant's
				eligibility for the program pursuant to this chapter, including but not limited
				to information regarding the applicant's contracts, income, inventory, loans,
				personnel, payroll, taxes, and volume of business.
(3) The information contained in the
				application may be reviewed by the applicant upon request to the authority.
				Material to be added to a file may be sent to the authority.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 52 - Iowa Targeted Small Business Certification Program › Rule 261-52.4 - Eligibility Standards

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to the authority of Iowa Code section
				  15108(7).,
				  the authority has established standards to certify targeted small businesses.
				  These standards are intended to indicate whether a business is owned, operated
				  and actively managed by targeted group persons.
(1) The applicant shall be an independent
				business. The following list describes elements of a business which indicate
				independent status.
a. The targeted group
				person owner(s) shall enjoy the customary incidents and profits of ownership
				and shall share in the risks commensurate with the owner's ownership interest.
				Independence of ownership shall be demonstrated by the substance rather than
				the form of the arrangements. Title and authority shall be commensurate with
				ownership and control.
b. The
				business shall be owned and operated by the same targeted group persons, a
				single management.
c. A board of
				directors and stockholders shall each have a membership comprised of at least
				51 percent targeted group persons.
d. The applicant business shall be
				compensated for facilities, inventory, equipment, labor, or other items which
				it owns and shares with any other business. Compensation shall not vary from
				common industry practice.
e. The
				targeted group person owner(s) shall have independent authority and ability to
				incur liability and to decide financial and policy questions. The business
				arrangements of owners, directors, officers or key employees with businesses
				which are not minority-, woman-, person with disability-, or service-disabled
				veteran-owned shall not vary from common industry practice. Each industry has
				practices which differ from other industries.
f. Independent authority and ability to hire
				and to fire all personnel shall be vested in the targeted group person
				owner(s).
g. Recognition of the
				business as a separate entity for tax or corporate purposes is not solely
				sufficient for certification as a targeted small business.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 52 - Iowa Targeted Small Business Certification Program › Rule 261-52.5 - Special Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the above standards, the authority may
				  consider other circumstances to determine eligibility. Consideration of other
				  circumstances is intended to ensure that only bona fide targeted group
				  person-owned businesses are certified.
(1) A previous or continuing
				employer-employee relationship between present owners will be carefully
				reviewed to ensure that the employee-owner has substantial management and
				decision-making responsibilities.
(2) At the discretion of the authority,
				on-site audits may be conducted to determine eligibility.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 52 - Iowa Targeted Small Business Certification Program › Rule 261-52.6 - Family-owned Business

Current through Register Vol. 47, No. 3, July 24, 2024
Businesses which are owned and operated by one or more
				  members of the same family will be closely scrutinized to determine whether the
				  targeted group person identified as the owner of 51 percent or more of the
				  business does in fact set policy and make day-to-day and long-term decisions
				  for the operation and management of the business.
(1) If any of the circumstances below
				prevail, the business shall be considered a family-owned business. Nontargeted
				group person family-owned businesses are not eligible for certification as
				targeted small businesses in Iowa. Any characteristic listed below may be cause
				to deny targeted small business status. This list is not to be construed as
				complete.
a. If a nontargeted group person
				family member:
(1) Is chief executive officer
				or president;
(2) Provides the
				expertise to conduct the business;
(3) Transfers ownership to the targeted group
				person owner for less than fair market value;
(4) Receives compensation equal to or greater
				than the targeted group person owner, not commensurate with their
				ownership;
(5) Provides
				occupational services for the business for less than fair market
				value;
(6) Possesses powers equal
				to or greater than the targeted group person owner to direct management and
				operations.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 52 - Iowa Targeted Small Business Certification Program › Rule 261-52.7 - Cottage Industry

Current through Register Vol. 47, No. 3, July 24, 2024
A cottage industry business may be eligible for certification
				  as a TSB.
(1) Characteristics of these
				businesses include, but are not limited to:
a. At least 51 percent of business equipment
				shall be owned by targeted group persons.
b. Business risks and profits shall be borne
				by the targeted group person owner(s) proportionate to the owner's
				ownership.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 52 - Iowa Targeted Small Business Certification Program › Rule 261-52.8 - Decertification

Current through Register Vol. 47, No. 3, July 24, 2024
A business shall be decertified by the authority if it is
				  determined the business no longer complies with the requirements of the TSB
				  program or its owners cannot be located by the authority.
(1) Written notice of the intent to revoke
				certification shall be provided when the authority determines there is
				reasonable cause to believe a business does not comply. Notice shall be sent by
				U.S. mail at least 20 days before decertification is effective.
(2) If the authority sends a letter by
				first-class mail to the last-known address provided to the authority by the TSB
				and it is returned as undeliverable, this is considered to be grounds for
				decertification.
(3)
				Decertification procedures may be initiated by the authority or after the
				investigation of a complaint filed by the general public. A request for an
				investigation from the public must be written and shall specify the reason(s)
				why the certified targeted small business no longer complies with these rules.
				Supporting documentation may be attached to the request.
(4) Eligibility to participate in the TSB
				program continues until the final decision is issued by the
				authority.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 52 - Iowa Targeted Small Business Certification Program › Rule 261-52.9 - Request for Bond Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A targeted small business seeking a performance, surety, or
				  bid bond waiver shall submit a sworn statement that it is unable to secure a
				  performance, surety, or bid bond because of lack of experience, lack of net
				  worth, or lack of capital. Documentation will be requested from surety
				  companies that the TSB is unable to obtain performance, surety, or bid bonding
				  because of the lack of experience, lack of net worth, or lack of
				  capital.
(1) A waiver shall be applied
				only to a prime contract where the project or individual transaction does not
				exceed $50,000, notwithstanding Iowa Code section
				5732..
(2) Granting a waiver shall not relieve any
				business from its contractual obligations. The state agency or department may
				pursue any remedy under law upon default or breach of contract.
(3) The authority reviews all bond waiver
				documents. Information to assist the review process may be requested from the
				state department or agency involved. An applicant for a performance, surety, or
				bid bond waiver and the department or agency involved will be notified of the
				decision by U.S. mail.
(4) Bond
				waivers will be reviewed and renewed at the time of TSB
				recertification.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 52 - Iowa Targeted Small Business Certification Program › Rule 261-52.10 - Fraudulent Practices in Connection With Targeted Small Business Programs

Current through Register Vol. 47, No. 3, July 24, 2024
A violation under this rule is grounds for decertification of
				  the TSB connected with the violation. Decertification shall be in addition to
				  any penalty otherwise authorized by this chapter.
(1) A person is considered to be guilty of a
				fraudulent practice if the person:
a.
				Knowingly transfers or assigns assets, ownership, or equitable interest in
				property of a business to a targeted group person primarily for the purpose of
				obtaining benefits under TSB programs if the transferor would otherwise not be
				qualified for such programs.
b.
				Solicits and is awarded a state contract on behalf of a TSB for the purpose of
				transferring the contract to another for a percentage if the person
				transferring or intending to transfer the work had no intention of performing
				the work.
c. Knowingly falsifies
				information on an application for the purpose of obtaining benefits under TSB
				programs.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 54 - Iowa Targeted Small Business Procurement Program › Rule 261-54.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the Iowa targeted small business procurement
				  program is to promote the growth, development and diversification of Iowa
				  businesses owned by minorities, women, and persons with disabilities by
				  encouraging each state department and agency, community college, area education
				  agency, and school district to include targeted small businesses (TSB's) as
				  contractors, venors and suppliers in their bid solicitations for the
				  procurement of goods and services, including construction.