Iowa Administrative Code

adopted by the board are subject to the provisions of Iowa Code chapter 17A, the Iowa administrative procedure Act, and the provisions of this chapter. [ARC 0741C, IAB 5/15/13, effective 7/1/13]

6.10(1) Omission of notice and comment. To the extent the board for good cause finds that public notice and participation are unnecessary, impracticable, or contrary to the public interest in the process of adopting a particular rule, the board may adopt that rule without publish…

6.11(1) General. When requested by a person, either prior to the adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the board shall issue a concise statement of reasons for the rule. Requests for such a statement mus…

6.12(1) Contents. Each rule adopted by the board shall contain the text of the rule and, in addition: a. The date the board adopted the rule; b. A brief explanation of the principal reasons for the rule-making action if such reasons are required by Iowa Code section 17A.4(2) or t…

6.13(1) Requirement. The board shall maintain an official rule-making record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of Intended Action, or adopts. The rule- making record and materials incorporated by reference must be available f…

rules coordinator. The filing must be executed as soon after adoption of the rule as is practicable. At the time of filing, each rule must have attached to it any fiscal impact statement and any concise statement of reasons that was issued with respect to that rule. If a fiscal i…

6.15(1) Grounds. The board may make a rule effective after its filing at any stated time prior to 35 days after its indexing and publication in the Iowa Administrative Bulletin if it finds that a statute so provides, the rule confers a benefit or removes a restriction on some seg…

6.16(1) Compilation, indexing, public inspection. The board shall maintain an official, current, and dated compilation that is indexed by subject, containing all of its general statements of policy within the scope of Iowa Code section 17A.2(11)“a,” “c,” “f,” “g,” “h,” “k.” Each …

6.17(1) Any interested person, association, agency, or political subdivision may submit a written request to the administrative rules coordinator requesting the board to conduct a formal review of a specified rule. Upon approval of that request by the administrative rules coordin…

information by other methods, the board may, before publication of a Notice of Intended Action under Iowa Code section 17A.4(1)“a,” solicit comments from the public on a subject matter of possible rule making by the board by causing notice to be published in the Iowa Administrati…

6.3(1) Docket maintained. The board shall maintain a current public rule-making docket. 6.3(2) Anticipated rule making. The rule-making docket shall list each anticipated rule-making proceeding. A rule-making proceeding is deemed “anticipated” from the time a draft of proposed ru…

6.4(1) Contents. At least 35 days before the adoption of a rule the board shall cause Notice of Intended Action to be published in the Iowa Administrative Bulletin. The Notice of Intended Action shall include: a. A brief explanation of the purpose of the proposed rule; b. The spe…

6.5(1) Written comments. For at least 20 days after publication of the Notice of Intended Action, persons may submit argument, data, and views, in writing, on the proposed rule. Such written submissions should identify the proposed rule to which they relate and should be submitte…

6.6(1) Definition of small business. A “small business” is defined in Iowa Code section 17A.4A(8). 6.6(2) Mailing list. Small businesses or organizations of small businesses may be registered on the board’s small business impact list by making a written application addressed to I…

6.7(1) A proposed rule that mandates additional combined expenditures exceeding $100,000 by all affected political subdivisions or agencies and entities which contract with political subdivisions to provide services must be accompanied by a fiscal impact statement outlining the c…

6.8(1) Time of adoption. The board shall not adopt a rule until the period for making written submissions and oral presentations has expired. Within 180 days after the later of the publication of the Notice of Intended Action, or the end of oral proceedings thereon, the board sha…

6.9(1) The board shall not adopt a rule that differs from the rule proposed in the Notice of Intended Action on which the rule is based unless: a. The differences are within the scope of the subject matter announced in the Notice of Intended Action and are in character with the i…

“Agency” means the Iowa public information board. “Confidential records” means records, as defined under Iowa Code section 22.7 or any other provision of law, which are not disclosed to members of the public unless otherwise ordered by a court, by the lawful custodian of the reco…

7.10(1) The subject of a confidential record may file a written request to review confidential records about that person. However, the board need not release the following records to the subject: a. The identity of a person providing information to the agency need not be disclose…

7.11(1) Open records. Board records are open for public inspection and copying unless otherwise prohibited by current rule or law. 7.11(2) Confidential records. The following records may be kept confidential. Records are listed by category, according to the legal basis for withho…

7.12(1) This rule describes the nature and extent of personally identifiable information which is collected, maintained and retrieved by the agency by personal identifier in record systems as defined in this rule. For each record system, this rule: a. Describes the legal authorit…

(excluding security), meeting minutes. This rule describes groups of records maintained by the board other than record systems as previously defined. These records are routinely available to the public. However, the board’s file of these records may contain confidential informati…

7.14(1) Require the agency to index or retrieve records which contain information about an individual by that person’s name or other personal identifier. 7.14(2) Make available to the general public records which would otherwise not be available under the public records law, Iowa…

open records. It also seeks to facilitate sound board determinations with respect to the handling of confidential records and the implementation of the fair information practices Act. The board is committed to the policies set forth in Iowa Code chapter 22, and board staff shall …

7.3(1) Location of record. A request for access to a board record shall be directed to the Iowa Public Information Board, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319. If the requested record is not on file in the board office, the custodian will arr…

confidential records are in addition to those specified for all board records in rule 497—7.3(17A,22). 7.4(1) Proof of identity. A person requesting access to a confidential record shall be required to provide proof of identity if access to the record is restricted to a particula…

withholding from examination by the board. 7.5(1) Board to maintain confidential status of government records. If, pursuant to the board’s investigation of a complaint, the record of a government body comes into the board’s possession, either pursuant to the government body’s vol…

records. Except as otherwise provided by law, the subject shall have the right to have a written statement of additions, dissents or objections entered into the record. The subject shall send the statement to the Executive Director, Iowa Public Information Board, Wallace State Of…

7.7(1) Consent to disclose by a subject individual. To the extent allowed by law, the subject may consent in writing to agency disclosure of confidential records. 7.7(2) Complaints to public officials. A letter from a subject of a confidential record to a public official which se…

uses of all agency records: 7.8(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, …

7.9(1) Open records are routinely disclosed without the consent of the subject. 7.9(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Following are instances when disclosure, if lawful, will generally occur without n…

8.1(1) When posted. As provided in Iowa Code section 21.4, a governmental body shall give notice of the time, date, and place of the meeting and the tentative agenda at least 24 hours prior to the commencement of the meeting unless for good cause such notice is impossible or impr…

8.2(1) Who may attend. A governmental body has the discretion as to who it may invite to attend a closed session. However, if the governmental body holds a closed session under Iowa Code section 21.5(1) “c” to discuss strategy with counsel, the legal counsel for the governmental …

8.3(1) An Iowa Code section 21.9 exempt session is a meeting to discuss strategy concerning employment conditions of employees of a governmental body who are not covered by a collective bargaining agreement under Iowa Code chapter 20. 8.3(2) “Employment conditions” include wages,…

suspends, in whole or in part, the requirements or provisions of a rule as applied to any identified person on the basis of the particular circumstances of that person. The term “person” shall include any individual or entity subject to the board’s jurisdiction. [ARC 2138C, IAB 9…

reference to the particular person and rule or portion thereof to which the order pertains. The order shall include a statement of the relevant facts and reasons upon which the action is based and a description of the precise scope and duration of the waiver if one is issued. 9.1…

filed and made available for public inspection as provided in Iowa Code section 17A.3. [ARC 2138C, IAB 9/16/15, effective 10/21/15]

and denied waivers to the Internet site pursuant to Iowa Code section 17A.9A within 60 days. The submission shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule and a citation to the statutory pro…

withdrawn, canceled or modified if, after appropriate notice and hearing, the board issues an order finding any of the following: 1. That the petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propriety or de…

person to whom the order pertains, within the terms and the specified facts indicated therein, in any proceeding in which the rule in question is sought to be invoked. [ARC 2138C, IAB 9/16/15, effective 10/21/15]

accordance with Iowa Code chapter 17A. [ARC 2138C, IAB 9/16/15, effective 10/21/15] These rules are intended to implement Iowa Code chapter 17A. [Filed ARC 2138C (Notice ARC 2039C, IAB 6/24/15), IAB 9/16/15, effective 10/21/15] [Filed ARC 5766C (Notice ARC 5578C, IAB 4/21/21), IA…

process for the granting of individual waivers from rules adopted by the board in situations when no other more specifically applicable law or rule provides for waivers. To the extent another more specific provision of law or rule governs the issuance of a waiver, the more specif…

jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions or other provisions of law. The board may not waive requirements created or duties imposed by statute or court order. [ARC 2138C, IAB 9/16/15, effective 10/21/15]

the board may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the board finds, based on clear and convincing evidence, all of the following: 1. The application of the rule would impose an undue hardship on the person for whom the wa…

Information Board, Wallace State Office Building, Third Floor, 502 East 9th Street, Des Moines, Iowa 50319. If the request relates to a pending contested case, a copy of the request shall also be filed in the contested case proceeding addressed to the board’s executive director a…

applicable and known to the petitioner: 1. The name, address and telephone number of the person for whom a waiver is being requested and the case number of any related contested cases, if applicable. 2. A description and citation of the specific rule from which waiver is requeste…

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 board may, on its own motion or at the petitioner’s request, schedule a telephonic or in-person meeting between th…

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 board may give notice to other persons. To accomplish…

contested case proceedings shall apply to any petition for a waiver filed in a contested case. Those provisions shall otherwise apply to board proceedings for a waiver only when the board so provides by rule or order or is required to do so by statute. [ARC 2138C, IAB 9/16/15, ef…

academy the following definitions apply, unless the context otherwise requires: “Academy” refers to the Iowa law enforcement academy. “Academy council” means the Iowa law enforcement academy council. “Act” means the Iowa Administrative Procedure Act. “Applicant” means all individ…