Iowa Administrative Code

names, partnerships, and corporations), the jockey and the trainer of a horse entered to race must be licensed by the first post time of the race card for the day in which the horse is entered. [ARC 7658B, IAB 3/25/09, effective 3/23/09; ARC 2468C, IAB 3/30/16, effective 5/4/16] …

Constitution of the United States or of the state of Iowa in refusing to answer questions of the commission. However, a claim of privilege with respect to any testimony or evidence pertaining to an application may constitute sufficient grounds for denial. [ARC 4618C, IAB 8/28/19,…

6.4(1) Occupational license (license). The license shall be displayed in a conspicuous manner on the licensee’s clothing at all times while the licensee is on duty unless otherwise permitted by the commission representative. A licensee is prohibited from defacing, altering, or mo…

fine. The commission or commission representative shall deny an applicant a license or, if a license is already issued, a licensee shall be subject to probation, fine, suspension, revocation, or other disciplinary measures, if the applicant or licensee: 6.5(1) Does not qualify un…

6.6(1) Any person whose license was denied or revoked may reapply for a license in accordance with the commission’s rules governing applications. However, the applicant must satisfy the following conditions: a. The applicant shall bear the burden of proof of establishing satisfac…

board may place a probationary period on a license. The terms of the probationary period shall include the effective dates, conditions placed on the licensee and any penalty for failure to follow those conditions, including fine, suspension, denial, or revocation. [ARC 4618C, IAB…

calendar years. The license shall expire at the end of the third calendar year, unless an extension is granted by the administrator. [ARC 2468C, IAB 3/30/16, effective 5/4/16; ARC 4618C, IAB 8/28/19, effective 7/31/19; ARC 5016C, IAB 4/8/20, effective 5/13/20]

6.9(1) Once an applicant obtains an occupational license from the commission and is in good standing, the applicant is eligible to work at any of the facilities in the state of Iowa. 6.9(2) When a facility hires a person who is already in possession of a current occupational lice…

definitions apply: “Account” means an account approved by the commission for pari-mutuel advance deposit wagering with a complete record of credits, wagers and debits established by a licensee account holder and managed by a licensee or advance deposit wagering operator (ADWO). “…

8.2(1) Wagering. Each facility must conduct wagering in accordance with applicable laws and these rules, employing a pari-mutuel system approved by the commission. The totalizator should be tested prior to and during the meeting as required by the commission. Annually, the facili…

8.3(1) Pools permitted. All pari-mutuel wagering pools approved by the commission are to be separately and independently calculated and distributed. Takeout is deducted from each gross pool as stipulated by Iowa Code section 99D.11. The remainder of the moneys in the pool will co…

8.4(1) General. a. Rules. All simulcasting must be transmitted live, and all wagering on simulcasting must be made in accordance with commission rules on pari-mutuel wagering. Commission rules in effect during live racing remain in effect during simulcasting where applicable. b. …

8.5(1) General. a. All contracts governing participation in interstate common pools should be submitted to the commission representative for prior approval. Financial reports are submitted daily or as otherwise directed by the commission representative. Contracts and reports shou…

8.6(1) Authorization to conduct advance deposit wagering. a. A licensee may request authorization from the commission to conduct advance deposit wagering pursuant to Iowa Code section 99D.11(6)“c” and this chapter and in the format outlined in 491—Chapter 1. The commission may re…

8.7(1) Authorization to conduct alternative simulcast. a. An entity may request authorization from the commission to conduct alternative simulcast wagering pursuant to Iowa Code section 99D.9D and this chapter in the format outlined in 491—Chapter 1. The commission may require ch…

system and describes its purpose. Definitions of terms used in this chapter can be found in 493—Chapter 7. [ARC 9500C, IAB 8/20/25, effective 9/24/25]

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. [ARC 9500C, IAB 8/20/25, effective 9/24/25]

1.3(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. 1.3(2) Types of cases. Based on sta…

public defender system may be obtained by contacting the Office of the State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321; by telephone at 515.218.2445; or by fax at 515.281.7289. Office hours are 8 a.m. to 4:30 p.m., Monday through Friday, excluding state…

be determined in accordance with Iowa Code section 815.9 and with the guidelines set forth in these rules. [ARC 9507C, IAB 8/20/25, effective 9/24/25]

court showing the most recently revised poverty income guidelines. [ARC 9507C, IAB 8/20/25, effective 9/24/25]

the person(s) or entity to evaluate the eligibility of a person for legal assistance by an appointed attorney. However, the decision to appoint counsel remains with the court. [ARC 9507C, IAB 8/20/25, effective 9/24/25]

attorney shall have an indigency evaluation before being provided legal representation. The applicant should provide information on an affidavit of financial status. This form will be prescribed by the state public defender, but any form containing substantially the same informat…

appointed to represent the applicant, the court should consider the following. 10.5(1) Family size. The total size of the applicant’s household shall be used to determine eligibility for appointed counsel. 10.5(2) Household income. The applicant’s income, or the combined income o…

including an Adult Affidavit of Financial Status, Juvenile Affidavit of Financial Status, Wage Assignment, and such other forms as the state public defender deems appropriate. Such forms shall be available at the administrative office of the state public defender and published on…

indigent defense legal services with the state public defender. Definitions of terms used in this chapter can be found in 493—Chapter 7. [ARC 9508C, IAB 8/20/25, effective 9/24/25]

11.10(1) The final decision by the state public defender to deny an attorney’s request to enter into an initial or renewal contract for indigent representation, to terminate such a contract for cause following issuance of a notice of default, or to terminate such contract for imp…

provision of legal services to indigent persons. 11.2(1) Eligibility. To be eligible to contract with the state public defender, an attorney must be licensed to practice law in the state of Iowa and must meet the minimum qualification requirements for contracting as set forth in …

defender for a type of case, the attorney must meet the minimum qualification requirements established by this rule for the particular type of case. Prior to contracting with the state public defender, an attorney shall certify the attorney’s compliance with these requirements an…

11.4(1) The state public defender or a person designated by the state public defender may confer with judges, attorneys and others with knowledge of a potential contracting attorney’s competence, effectiveness, trustworthiness, compliance with the minimum qualification requiremen…

judges, attorneys, court personnel, and others to determine if any existing contract is being properly fulfilled and may conduct such additional investigation as is described in rule 493—11.4(13B). If the state public defender has determined that a contract renewal is in the best…

11.6(1) Termination at will. Either the state public defender or the contracting attorney may terminate a contract upon 30 days’ advance written notice to the other party for any reason or no reason. Such termination may affect the entire contract or may relate solely to a partic…

or termination of a contract is in the best interests of the state, the state public defender may take into consideration factors such as but not limited to the following: 1. The attorney’s eligibility for contracting pursuant to rule 493—11.2(13B) for the type of case in which t…

11.8(1) Written notice. A request for reconsideration is perfected by giving written notice of the request for reconsideration to the state public defender within ten business days of the date of mailing of the notice of denial of an initial or renewal contract or the notice of t…

11.9(1) Written request for contested case hearing. An attorney who is aggrieved by a reconsideration decision and who desires to contest the factual basis for the reconsideration decision shall request a contested case hearing within ten days of the date the reconsideration deci…

indigent defense fee claims. 493—Chapter 7 contains definitions of terms used in this chapter. 12.1(1) The state public defender will pay from the indigent defense fund attorney fees and costs for the case types set forth in Iowa Code sections 815.10 and 815.11, including indigen…

claim is discovered by the attorney, by the state public defender, by the department, or otherwise, the claimant shall reimburse the indigent defense fund for the amount of the overpayment. An overpayment shall be paid by check. The check, made payable to the “Treasurer, State of…

12.2(1) Required claim documents. Court-appointed attorneys shall submit electronic indigent defense fee claims to the state public defender for review, approval and payment. These claims shall include the following: a. The completion of the appropriate claim type on the online s…

when legal representation of the client under the original court appointment is concluded, except as provided for in subrule 12.3(1), 12.3(2), 12.3(3), or 12.3(4). 12.3(1) Juvenile cases. An initial claim for services in a juvenile case may be submitted after the dispositional he…

12.4(1) Unless the attorney has a contract that provides for a different manner or rate of payment, reasonable compensation for the payment of all claims for cases in which the attorney has been appointed shall be calculated on the basis of the hourly rate specified in Iowa Code …

12.5(1) Maximum daily hours. An attorney appointed as counsel or guardian ad litem must not perform services for indigent persons or submit claims to the state public defender for payment for such services for more than 12 hours of the attorney’s time in any calendar day except a…

12.6(1) Adult cases. The state public defender establishes attorney fee limitations for the number of hours of combined attorney time and paralegal time that may be claimed for the following categories of adult cases: Class A felonies 258 Class B felonies 56 Class C felonies 30 C…

12.7(1) The state public defender shall reimburse the attorney for the payments made by the attorney for necessary certified shorthand reporters, investigators, evaluations, and experts if the following conditions are met: a. The attorney obtained court approval for a certified s…

12.8(1) The state public defender shall reimburse the attorney for the following out-of-pocket expenses incurred by the attorney in the case to the extent that the expenses are reasonable and necessary: a. Mileage for automobile travel at the rate of 50 cents per mile. The number…

otherwise modified by the state public defender, for other than mathematical errors, may seek court review of the action of the state public defender pursuant to Iowa Code section 13B.4(4)“d.” 12.9(1) Motions for court review. Court review of the action of the state public defend…

claims for other professional services. Definitions of terms used in this chapter are provided in 493—Chapter 7. [ARC 9510C, IAB 8/20/25, effective 9/24/25]

approve claims for necessary and reasonable expenses for investigators, expert witnesses, certified shorthand reporters, and medical/psychological evaluations if the claimant has a form W-9 on file with the department and the claim conforms to the requirements of this rule. Claim…