Iowa Administrative Code

after receipt. The council 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 are provided to all persons to whom notice is required by any provision of law. In addition, the council may g…

regarding contested case hearings shall apply to any petition for a waiver filed within a contested case and shall otherwise apply to council proceedings for a waiver only when the council so provides by rule or order or is required to do so by statute.

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 duration of the waiver if one is granted. 16.9(1) Council discretio…

2.3(1) A certified Iowa peace officer who has previously met all the requirements of rule 501—2.1(80B) and who intends to move employment from one Iowa law enforcement agency to another Iowa law enforcement agency, or who intends to be employed as a certified peace officer by mor…

501—2.1(80B) do not need to be reverified by officers when jurisdictions enter into an intergovernmental agreement under the provisions of Iowa Code chapter 28E for the sharing of law enforcement services by those jurisdictions and officers if the execution, filing and recording …

an Iowa law enforcement officer who does not meet minimum requirements, agencies are not limited or restricted in establishing additional standards. These rules are intended to implement Iowa Code sections 80B.11 and 80B.11B. [Filed 12/12/68; amended 12/8/70] [Filed 12/30/75, Not…

the hiring standards requirements, including the background check, to be paid by the individual filing the application. The fees must be paid before the testing occurs. 3.12(3) Application for a level II academy at an approved law enforcement training program. An individual apply…

3.1(1) All law enforcement officers must be certified through the successful completion of training at an approved law enforcement training facility in order to remain eligible for employment. As a condition precedent to enrollment in a certifying training program, the Iowa law e…

training facility will be approved by the Iowa law enforcement academy council which does not meet the minimum requirements of these certifying course curricula, this in no way limits or restricts any law enforcement training facility in instituting a certifying course curriculum…

training are tolled during the period a law enforcement officer is called to active military service.

officer. 3.12(1) An individual who has not yet been hired or started employment as an Iowa sworn peace officer may apply for attendance at the Iowa law enforcement academy (ILEA) or, if qualified as provided for in subrule 3.4(1), at a level II academy at an approved law enforcem…

following occurrences, the academy will be so advised by use of prescribed forms: 1. Any hiring of personnel. 2. Change of status of existing personnel (e.g., promotions). 3. Any termination of employment of a law enforcement officer or termination of appointment as a reserve pea…

courses of study and training programs must meet the requirements of nondegree programs under the Post-9/11 Veterans Educational Assistance Act of 2008. The standard certifying courses of study at an approved law enforcement training facility are: 1. The level I academy, consisti…

requirements of Iowa Code section 80B.11D(3) may apply for attendance at a level II academy. Approval may be granted when an individual obtains at least 20 credit hours dedicated to police science or criminal justice coursework in which a grade no lower than C- is reflected on th…

3.5(1) Program administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 hours a. Examinations. b. Family day. c. Graduation. d. Registration/orientation. e. Student advisor meeting. 3.5(2) Patrol procedures . . . . . . . …

3.6(1) Program administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 hours a. Examinations. b. Graduation. c. Registration/orientation. 3.6(2) Patrol procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . .…

may develop special certifying training courses in consideration of the varying factors and special requirements of certain law enforcement agencies.

in another state may, upon application to the director with council approval, take a competency test or tests to gain Iowa law enforcement officer certification, adhering to all requirements set out in Iowa Code section 80B.11F, as well as any additional requirements set out by t…

accredited police training by comparing training hours for each functional area of the academy’s approved curriculum to that completed by the applicant via a training equivalency form. Course descriptions, lesson plans, curriculum overview, or any combination will be used to dete…

safety telecommunicators. 4.1(1) Instructor designation. All instructors of a council-approved training program, excluding agency in-service training, will be designated as either general or subject matter expert (SME). General instructors will be peace officers, jailers, jail ad…

4.2(1) Experience and training. The following are minimum experience and training requirements that an instructor (general) must meet in order to become certified: a. A minimum of three years’ certified experience (peace officer, jailer or public safety telecommunicator) with a m…

are minimum experience and training requirements that an instructor (subject matter expert) must meet in order to become certified: 4.3(1) Experience. Must have a minimum of three years’ experience in the subject area to be instructed; and 4.3(2) Education. Must have at least a b…

5.1(1) On-site inspection. Approval of a regional training facility will be made on the basis of on-site inspections conducted by members of the academy council, with or without advance notice to the regional training facility. 5.1(2) Written request for approval. A request for a…

are designed to implement the requirements of Iowa Code chapters 80B and 17A. These rules shall govern the practice, procedures, and conduct of contested case proceedings held in the revocation of a law enforcement officer’s certification. [ARC 5006C, IAB 3/25/20, effective 4/29/…

6.10(1) If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party. 6.10(2…

6.11(1) Prohibited communications. Unless required for the disposition of ex parte matters specifically authorized by statute, following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between the presiding officer and any party or repr…

council may review an interlocutory order of the presiding officer. In determining whether to do so, the council shall weigh the extent to which its granting the interlocutory appeal would expedite final resolution of the case and the extent to which review of that interlocutory …

6.13(1) When the council presides over the reception of evidence at the hearing, its decision is a final decision. 6.13(2) When the council does not preside over the reception of evidence at the hearing, the presiding officer shall make a proposed decision. The proposed decision …

6.14(1) Appeal by party. Any adversely affected party may appeal a proposed decision to the council within 30 days after issuance of the proposed decision. 6.14(2) Review. The council may initiate review of a proposed decision on its own motion at any time within 30 days followin…

6.15(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 6.15(2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief soug…

6.16(1) When available. a. Any party to a contested case proceeding may petition the council for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the council. The petition shall be filed with the notice of appeal and shall state the …

fact exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary he…

board for reinstatement in accordance with the terms and conditions of the order of suspension and this rule. Any person whose certification has been revoked is not eligible for reinstatement. 6.18(1) All proceedings for reinstatement shall be initiated by the law enforcement off…

6.2(1) Mandatory revocation. The council shall revoke a law enforcement officer’s certification or a reserve peace officer’s certification upon a finding that the law enforcement officer or reserve peace officer has done any of the following: a. The law enforcement officer or res…

6.3(1) Computation of time and filing of documents. The computation of time and filing of documents shall be in compliance with Iowa Code section 4.1(34). 6.3(2) Service—when required. Except where otherwise provided by law, every document filed in a contested case proceeding sha…

6.4(1) Council subpoenas. Prior to the commencement of a contested case, the council may exercise the authority to subpoena books, papers, and records and shall have all other subpoena powers conferred upon it by law. 6.4(2) Commencement of contested case proceedings. Contested c…

6.5(1) The presiding officer assigned to render a proposed decision will be an administrative law judge employed by the Iowa department of inspections and appeals. However, the council in its discretion may elect to preside over a case in lieu of an administrative law judge. 6.5(…

6.6(1) A presiding officer or council member shall withdraw from participation in the making of any proposed or final decision in a contested case if that person: a. Has a personal bias or prejudice concerning a party or a representative of a party; b. Has personally investigated…

council’s hearing procedure or schedule. However, a party may request a continuance of the presiding officer prior to the date set for hearing. The presiding officer shall have the power to grant continuances. Within seven days of the date set for hearing, no continuances shall b…

6.8(1) Contested case proceeding. Unless the parties to a contested case proceeding have by written stipulation representing an informed mutual consent waived the provisions of the Act relating to the proceedings, contested case proceedings shall be initiated and culminate in an …

6.9(1) The presiding officer shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. 6.9(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on stip…

“Agency” means the Iowa law enforcement academy. “Confidential record” means a record which is not available as a matter of right for examination and copying by members of the public under applicable provisions of law. Confidential records include records or information contained…

applicable provision of law, a person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party. A request for such a disclosure must be in writing and must identify the particular record or records…

7.11(1) The subject of a confidential record may file a written request to review confidential records about that person as provided in rule 501—7.5(17A,22). However, the agency need not release the following records to the subject: a. The identity of a person providing informati…

7.12(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law. 7.12(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category according to the legal basis for withhol…

personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in a records system as defined in rule 501—7.1(17A,22). Unless otherwise stated, the authority for the Iowa law enforcement academy to maintain the record is pro…

agency other than a record system as defined in rule 501—7.1(17A,22). These records are routinely available to the public; however, the agency’s files of these records may contain confidential information as discussed in rule 501—7.12(17A,22). The records listed may contain infor…

compare personally identifiable information in one record system with personally identifiable information in another record system. [ARC 5006C, IAB 3/25/20, effective 4/29/20] These rules are intended to implement Iowa Code chapters 17A and 22. [Filed emergency 6/9/88—published 6…

agency policies and procedures for the maintenance of records. The purpose of this chapter is to facilitate public access to open records. It also seeks to facilitate sound agency determinations with respect to the handling of confidential records and the implementation of the fa…

7.3(1) Location of record. A request for access to a record should be directed to the office where the record is kept. If the location of the record is not known by the requester, the request shall be directed to the Iowa Law Enforcement Academy, P.O. Box 130, Camp Dodge, Johnsto…