Iowa Administrative Code

payment of claims for attorney fees in proceedings under Iowa Code chapter 600A. Unless modified in this chapter, the provisions of 493—Chapters 7, 11 and 12 apply to such claims. [ARC 9511C, IAB 8/20/25, effective 9/24/25]

“Indigent” means the same as defined in Iowa Code section 600A.2(12). [ARC 9511C, IAB 8/20/25, effective 9/24/25]

state public defender that provides for a different rate or manner of payment, claims for attorney fees in a termination of parental rights case under Iowa Code chapter 600A shall be paid the hourly rate consistent with Iowa Code section 815.7 for all other cases. The fee limitat…

defender shall approve claims for the actual cost of a transcript and printing of necessary briefs. The state public defender shall not approve claims for travel time, paralegal time, or other out-of-pocket expenses at the trial or appellate level. [ARC 9511C, IAB 8/20/25, effect…

attorney fees for representing the respondent in proceedings for termination of parental rights cases under Iowa Code chapter 600A shall be reviewed by the state public defender in the same manner as provided in 493—Chapter 12. 14.5(1) Claim forms. Claims for services provided at…

the state court administrator a report detailing all approved and paid attorney fee claims for termination of parental rights cases under Iowa Code chapter 600A. [ARC 9511C, IAB 8/20/25, effective 9/24/25] These rules are intended to implement Iowa Code chapters 13B, 600A, and 81…

State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”. In lieu of the words “(AGENCY NAME)”, the heading on the petition should read: “BEFORE THE STATE PUBLIC DEFENDER” [ARC 9501C, IAB 8/20/25, effective 9/24/25]

State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321; by telephone at 515.218.2445; or by email at spdadminoffice@spd.state.ia.us. [ARC 9501C, IAB 8/20/25, effective 9/24/25] These rules are intended to implement Iowa Code section 17A.7. [Filed emergency 10/…

public defender”. In lieu of the words “(designate office)”, insert “the Office of the State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”. In lieu of the words “(AGENCY NAME)”, the heading on the petition form should read: BEFORE THE STATE PUBLIC DEFENDER…

public defender”. [ARC 9502C, IAB 8/20/25, effective 9/24/25] These rules are intended to implement Iowa Code chapter 17A. [Filed emergency 10/7/92 after Notice 8/19/92—published 10/28/92, effective 10/7/92] [Filed 4/29/99, Notice 3/24/99—published 5/19/99, effective 7/1/99] [Fil…

the words “(designate agency)”, insert “state public defender”. [ARC 9502C, IAB 8/20/25, effective 9/24/25]

3.3(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 “rule 493—3.8(17A)”. 3.3(2) In lieu of the words “(designate agency)”, insert “state public defender”. 3.3(3…

[ARC 9502C, IAB 8/20/25, effective 9/24/25]

State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”. [ARC 9502C, IAB 8/20/25, effective 9/24/25]

3.6(2) In lieu of the words “(specify office and address)”, insert “the Office of the State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”. In lieu of the words “(agency name)”, insert “state public defender”. 3.6(3) In lieu of the words “(uniform rule on c…

[ARC 9502C, IAB 8/20/25, effective 9/24/25]

3.8(1) In lieu of the words “(designate agency head)”, insert “state public defender”. 3.8(2) In lieu of the words “(contested case uniform rule X.2(17A))”, insert “rule 481—10.1(10A)”. [ARC 9502C, IAB 8/20/25, effective 9/24/25]

3.9(1) In lieu of the words “(designate agency)”, insert “state public defender”. [ARC 9502C, IAB 8/20/25, effective 9/24/25]

“Agency.” In lieu of the words “(official or body issuing these rules)”, insert “state public defender”. [ARC 9503C, IAB 8/20/25, effective 9/24/25]

4.10(1) “Routine use” means the disclosure of a record without the consent of the subject or subjects for a purpose that 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 und…

4.11(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. 4.11(2) Complaints to public officials. A letter from the subject of a confidential record to a public official …

4.12(1) A written request to review confidential records may be filed by the subject of the record. 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 th…

4.13(1) Open records. Agency records are open for public inspection and copying unless otherwise provided by rule or law. 4.13(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for w…

records that contain personally identifiable information. 4.14(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 ident…

defender. These records are routinely available to the public; however, the agency’s 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. 4.15(1) …

4.3(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, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”. 4.3(2) Office hours.…

records. In lieu of the words “(designate office)”, insert “the office of the state public defender”. [ARC 9503C, IAB 8/20/25, effective 9/24/25]

4.9(1) Open records are routinely disclosed without the consent of the subject. 4.9(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. The following are instances where disclosure, if lawful, will generally occur with…

5.10(2) This subrule is not adopted. [ARC 9504C, IAB 8/20/25, effective 9/24/25]

5.11(1) General. In lieu of the words “(specify the office and address)”, insert “the Office of the State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”. [ARC 9504C, IAB 8/20/25, effective 9/24/25]

5.13(2) Contents. c. In lieu of the words “(agency head)”, insert “state public defender”. [ARC 9504C, IAB 8/20/25, effective 9/24/25] These rules are intended to implement Iowa Code chapter 17A and section 25B.6. [Filed 4/29/99, Notice 3/24/99—published 5/19/99, effective 7/1/99…

5.3(2) Anticipated rulemaking. In lieu of the words “(commission, board, council, director)”, insert “state public defender”. [ARC 9504C, IAB 8/20/25, effective 9/24/25]

5.4(3) Copies of notices. In lieu of the words “(specify time period)”, insert “one calendar year”. [ARC 9504C, IAB 8/20/25, effective 9/24/25]

5.5(1) Written comments. Strike the words “(identify office and address) or”. 5.5(5) Accessibility. In lieu of the words “(designate office and telephone number)”, insert “the office of the state public defender at 515.218.2445”. [ARC 9504C, IAB 8/20/25, effective 9/24/25]

5.6(2) Mailing list. In lieu of the words “(designate office)”, insert “the Office of the State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321”. [ARC 9504C, IAB 8/20/25, effective 9/24/25]

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. [ARC 9505C, IAB 8/20/25, effective 9/24/25]

reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and operative period of the waiver if one is issued. 6.10(1) State publ…

public defender shall maintain a record of all orders granting or denying waivers under this chapter. All final rulings in response to requests for waivers shall be indexed and available to members of the public at the state public defender’s office. [ARC 9505C, IAB 8/20/25, effe…

request is based are not true or if material facts have been withheld. The state public defender may at any time cancel a waiver upon appropriate notice and hearing if the state public defender finds that the facts as stated in the request are not true, material facts have been w…

violation of the particular rule for which the waiver is granted and is subject to the same remedies or penalties. [ARC 9505C, IAB 8/20/25, effective 9/24/25]

is a defense within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked. [ARC 9505C, IAB 8/20/25, effective 9/24/25]

shall be in accordance with the procedures provided in Iowa Code chapter 17A and state public defender rules. An appeal shall be taken within 30 days of the issuance of the ruling in response to the request unless a contrary time is provided by rule or statute. [ARC 9505C, IAB 8/…

BEFORE THE STATE PUBLIC DEFENDER } Petition by (insert name of petitioner) No. _____ for the waiver of (insert rule citation) PETITION FOR relating to (insert the subject matter). WAIVER Include the following information in the petition for waiver where applicable and known: 1. P…

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. [ARC 9505C, IAB 8/20/25, effective 9/24/25]

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 impose…

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 d…

Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321. If the petition relates to a pending contested case, the petition shall also be filed in the contested case proceeding. [ARC 9505C, IAB 8/20/25, effective 9/24/25]

where applicable and known to the requester: 6.6(1) The name, address, and telephone number of the entity or person for whom a waiver is being requested and the case number of any related contested case. 6.6(2) A description and citation of the specific rule from which a waiver i…

state public defender may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the state public defender may, on its own motion or at the petitioner’s request, schedule a tele…

public defender shall ensure that, within 30 days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law. In addition, the state public defen…