Iowa Administrative Code

member’s request for a refund as follows: 9.4(1) To obtain a refund, a member must file a refund application form, which is available directly from IPERS or which can be reprinted from IPERS’ website: www.ipers.org. Effective December 31, 2002, refund application forms shall only…

from covered employment, has been issued payment for a refund, and is retroactively reinstated in covered employment as a remedy for an employment dispute, the member may receive credit for membership service for the period covered by the refund payment upon repayment to the syst…

97B.50(2). If a vested member terminates covered employment, takes a refund, and is subsequently approved for disability under the federal Social Security Act or the federal Railroad Retirement Act, the member may reinstate membership service credit for the period covered by the …

1.1(1) The Iowa public information board is established by Iowa Code chapter 23 and consists of nine members, including a chairperson. 1.1(2) The term “board” shall mean the Iowa public information board. 1.1(3) Board members are appointed by the governor for staggered terms of f…

1.2(1) Jurisdiction. The board will only accept requests for and issue advisory opinions pertaining to Iowa Code chapters 21 and 22, or rules adopted thereunder. The board shall not have jurisdiction over the judicial or legislative branches of state government or any entity, off…

1.3(1) Requests for board advisory opinions may be mailed to the Iowa Public Information Board, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319. Requests may also be submitted by fax to (515)725-1789 or by email to ipib@iowa.gov. 1.3(2) After receiving …

1.4(1) Definition. “Conflict of interest” means that a board member, an employee of the board, a board member’s immediate family, or an immediate family member of an employee of the board has a significant personal, financial, or employment relationship with: a person who has req…

enjoin the inspection of a public record has been filed in district court under Iowa Code section 22.8, the respondent or the person requesting access to the record may remove the proceeding from district court to the board by filing a complaint within 30 days of the commencement…

notice with the appropriate district court that the complaint has been filed with the board. [ARC 2913C, IAB 1/18/17, effective 2/22/17]

the board’s staff shall conduct an initial review of the complaint and may request that the parties provide further information or documents. [ARC 2913C, IAB 1/18/17, effective 2/22/17]

board may require briefs or the filing of other documents. The board shall work with the parties in establishing guidelines for the time of the hearing, the length of arguments, and any other procedural matters. A hearing under this rule is not a contested case under 497—Chapter …

1. Whether the requested records are public records or confidential public records. 2. If the records are public records, whether an injunction should be issued enjoining the inspection of the records under the criteria set out in Iowa Code sections 22.8(1) and 22.8(3). [ARC 2913…

agency action for purposes of seeking judicial review under Iowa Code chapter 17A. These rules are intended to implement Iowa Code section 23.5(3). [ARC 2913C, IAB 1/18/17, effective 2/22/17] [Filed ARC 2913C (Notice ARC 2759C, IAB 10/12/16), IAB 1/18/17, effective 2/22/17]…

2.1(1) Form. A complaint shall be written and signed by the person filing the complaint on forms provided by the board or shall be submitted electronically via the board’s website. The complaint shall allege a violation of Iowa Code chapter 21 or 22; provide specific facts in sup…

2.2(1) Referral to staff. Upon acceptance of a complaint, the board’s staff shall work with the complainant and the subject of the complaint toward an informal, expeditious resolution. If the complaint is not resolved, the staff shall initiate an investigation to determine whethe…

proceeding that a violation of statute or rule under the board’s jurisdiction has occurred, the board may impose any of the remedies set out in Iowa Code section 23.6(8) or 23.10(3)“b.” [ARC 0741C, IAB 5/15/13, effective 7/1/13; ARC 2139C, IAB 9/16/15, effective 10/21/15]

commencement of a contested case proceeding. Negotiations shall be conducted between the prosecutor and a governmental body or government official against whom a complaint has been filed. 2.4(1) Board member participation. The board may designate the chairperson or another board …

declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the board, at Iowa Public Information Board, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319. Petitions may also be file…

declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion. A declaratory order is effe…

order shall be mailed promptly to the original petitioner and all intervenors. [ARC 0741C, IAB 5/15/13, effective 7/1/13]

as a final order issued in a contested case proceeding. It is binding on the board, the petitioner, and any intervenors who consent to be bound and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the orde…

board shall give notice of the petition to all persons not served by the petitioner pursuant to rule

3.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 15 days of the filing of a petition for declaratory order shall be allowed to intervene in a proceeding for a declaratory order. 3.3(2) Any person who…

The board may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised. [ARC 0741C, IAB 5/15/13, effective 7/1/13]

to the board’s executive director at Iowa Public Information Board, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319. [ARC 0741C, IAB 5/15/13, effective 7/1/13; ARC 1091C, IAB 10/16/13, effective 11/20/13] 497—3.6(17A) Service and filing of petitions and…

other persons. [ARC 0741C, IAB 5/15/13, effective 7/1/13]

meeting between the original petitioner, all intervenors, and the board, a member of the board, or a member of the staff of the board, to discuss the questions raised. The board may solicit comments from any person on the questions raised. Also, comments on the questions raised m…

3.8(1) Within the time allowed by Iowa Code section 17A.9(5), after receipt of a petition for a declaratory order, the board’s executive director or designee shall take action on the petition as required by Iowa Code section 17A.9(5). 3.8(2) The date of issuance of an order or of…

3.9(1) The board shall not issue a declaratory order where prohibited by Iowa Code section 17A.9(1) and may refuse to issue a declaratory order on some or all questions raised for the following reasons: a. The petition does not substantially comply with the required form. b. The …

the board. [ARC 0741C, IAB 5/15/13, effective 7/1/13]

4.10(1) Pleadings may be required by rule, by the notice of hearing, or by order of the presiding officer. 4.10(2) Petition. a. Any petition required in a contested case proceeding shall be filed within 20 days of delivery of the notice of hearing or subsequent order of the presi…

4.11(1) When service required. Except where otherwise provided by law, every pleading, motion, document, or other paper filed in a contested case proceeding and every paper relating to discovery in such a proceeding shall be served upon each of the parties of record to the procee…

4.12(1) Discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the presiding officer, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure. 4.…

4.13(1) Issuance. a. An agency subpoena shall be issued to a party on request. Such a request must be in writing. In the absence of good cause for permitting later action, a request for a subpoena must be received at least three days before the scheduled hearing. The request shal…

4.14(1) No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought. 4.14(2) Any party may file a written response to a motion within ten days after the motion is served, unless the time peri…

4.15(1) Any party may request a prehearing conference. A written request for prehearing conference or an order for prehearing conference on the presiding officer’s own motion shall be filed not less than seven days prior to the hearing date. A prehearing conference shall be sched…

the presiding officer. 4.16(1) A written application for a continuance shall: a. Be made at the earliest possible time and no less than seven days before the hearing except in case of unanticipated emergencies; b. State the specific reasons for the request; and c. Be signed by th…

4.18(1) Motion. A motion for leave to intervene in a contested case proceeding shall state the grounds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceeding. A proposed answer or petition in …

4.19(1) The presiding officer presides at the hearing, and may rule on motions, require briefs, issue a proposed decision, and issue such orders and rulings as will ensure the orderly conduct of the proceedings. 4.19(2) All objections shall be timely made and stated on the record…

“Contested case” means a proceeding defined by Iowa Code section 17A.2(5) and includes any matter defined as a no factual dispute contested case under Iowa Code section 17A.10A. “Issuance” means the date of mailing of a decision or order or date of delivery if service is by other…

4.20(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. 4.20(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on st…

4.21(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. 4.21(2…

4.22(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…

portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party. Parties who request that a hearing be recorded by certified shorthand reporters rather than by electronic means shall bear the co…

may review an interlocutory order of the presiding officer. In determining whether to do so, the board 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 order by t…

4.25(1) When the board, or a quorum of the board, presides over the reception of evidence at the hearing, its decision is a final decision. 4.25(2) When the board, or a quorum of the board, does not preside at the reception of evidence, the presiding officer shall make a proposed…