Iowa Administrative Code

“Administrator” is defined in Iowa Code section 537.6103. “Assignee” means a person who purchases consumer credit sales contracts, consumer leases, or consumer loans from a seller, lessor or lender. “Consumer credit sale” is defined in Iowa Code section 537.1301(12). “Consumer cr…

22.4(1) Coverage. All creditors and debt collectors shall file a notification statement with the administrator. The statement should be filed at the following address: Administrator of the Iowa Consumer Credit Code, Consumer Protection Division, Department of Justice, Hoover Stat…

All persons subject to the notification and fees section of the Iowa consumer credit code must pay the following fees: 22.5(1) Annual fees. All creditors and debt collectors, including assignees, who are required to file notification statements shall pay to the administrator an a…

The following sanctions are available to the administrator for use against creditors and debt collectors who are not in compliance with the notification and fees section. These sanctions are cumulative. 22.6(1) Late charge. The administrator may collect a late charge of $75 from …

The attorney general shall deny an application for registration as a professional commercial fund-raiser pursuant to Iowa Code section 13C.2 and Iowa Code chapter 252J, if the applicant: 1. Has failed to fully complete all required registration permit applications; 2. Has failed …

The notice required by Iowa Code section 252J.8 shall be served upon the applicant by restricted certified mail, return receipt requested, or personal service in accordance with Iowa Rules of Civil Procedure 56.1. Alternatively, the applicant may accept service personally or thro…

Applicants shall keep the attorney general informed of all court actions, and all child support recovery unit actions taken under or in connection with Iowa Code chapter 252J, and shall provide the attorney general copies, within seven days of filing or issuance, of all applicati…

The effective date of denial of registration, as specified in the notice required by 252J.8, shall be 60 days following service of the notice upon the applicant.

In the event an applicant files a timely district court action following service of an attorney general notice pursuant to Iowa Code sections 252J.8 and 252J.9, the attorney general shall continue with the intended action described in the notice upon the receipt of a court order …

Information required to be filed by the membership campground statute, Iowa Code chapter 557B, or these rules shall be submitted to the Office of the Attorney General, Consumer Protection Division, Hoover Building, 2nd Floor, Des Moines, Iowa 50319. Whenever these rules state tha…

Unless otherwise defined, the terms used in these rules have the same definitions found in Iowa Code section 557B.1. REGISTRATION

25.3(1) Who must register. A person shall not offer or sell a membership camping contract in this state unless the membership camping contract is covered by a membership camping registration. The application for registration must be filed with the attorney general’s office at the…

25.4(1) Statement of charges. A membership campground registration may be denied, suspended or revoked or a penalty of not more than $5000 may be imposed or a combination of suspension or revocation and penalty may be imposed for any of the reasons set forth in Iowa Code section …

25.5(1) Prohibitions. An advertisement shall not: a. Make any untrue statement of material fact which would make the statements misleading in light of the circumstances under which the statements were made. b. Misrepresent either explicitly or implicitly, the size, quantity, iden…

To the extent that they are not inconsistent with the provisions of this chapter, the rules found in 61—Chapters 11 and 12 regarding petitions for adoption, amendment, or repeal of a rule (61—11.9(17A) and 61—11.10(17A)) for declaratory rulings (61—12.1(17A) to 61—12.6(17A)) shal…

Information required to be filed by the physical exercise club statute, Iowa Code chapter 552, or these rules shall be submitted to the Office of the Attorney General, Consumer Protection Division, Hoover Building, Second Floor, Des Moines, Iowa 50319. When these rules require th…

The terms used in these rules have the definitions found in Iowa Code section 552.1.

26.4(1) Who must establish escrow accounts. A physical exercise club or its assignee or agent that accepts prepayments shall deposit all of the funds received as prepayments in an escrow account established with a financial institution located in this state whose accounts are ins…

26.5(1) Bond required. A physical exercise club that accepts prepayments and does not establish an escrow account must post a bond in the amount of $150,000 with the office of the attorney general, in a form deemed acceptable by the attorney general. 26.5(2) Notice. Notice of the…

Upon application by the physical exercise club, the attorney general may certify that a physical exercise club is fully open for business if substantially all of the promised equipment and services are available for use and the physical exercise club has made a diligent effort to…

The physical exercise club shall notify the financial institution at the time the escrow account required by subrule 26.4(1) is opened that the escrow account is being established pursuant to Iowa Code chapter 552C. After the material has been submitted by the physical exercise c…

Notwithstanding the obligations imposed on the transferor of a motor vehicle under Iowa Code section 321.69, information that a motor vehicle ever has been titled on a salvage certificate or title indicating prior flood or other water damage in this or any other state, or ever ha…

Notwithstanding the obligations imposed on the transferor of a motor vehicle under Iowa Code section 321.69, deception or misrepresentation in connection with the sale of a motor vehicle that the seller knows, or reasonably should know, has ever been titled in this or any other s…

A “supplier,” as defined in Iowa Code section 537B.2(3), or a “repair facility,” as defined in Iowa Code section 537B.4(1)“c,” shall retain copies of all written estimates and estimate disclosure forms for repairs or service to a motor vehicle. Such copies must be retained at the…

The term “Lemon Law” as used herein refers to Iowa Code chapter 322G. Other terms used in these rules have the same definitions as in the Lemon Law.

A statement of the rights and obligations of a purchaser or lessee under the Lemon Law shall be provided, at the time of purchase or lease, to all purchasers and lessees, as defined in section 2 of the Lemon Law, for all new motor vehicles purchased or leased on or after July 1, …

A person shall not knowingly lease or sell, either at wholesale or retail, or transfer a title to a motor vehicle returned by reason of a settlement, determination, or decision pursuant to the Lemon Law or a similar statute of any other state unless the nature of the nonconformit…

30.4(1) Application for certification. To apply for certification by the attorney general of a manufacturer dispute resolution program under the Lemon Law, a motor vehicle manufacturer may provide proof of certification in another state pursuant to subrule 30.4(2) or provide the …

30.5(1) Fines. If the attorney general has probable cause to believe that a manufacturer has violated the Lemon Law or these rules, the attorney general may issue a statement of charges and notice of hearing to determine whether a fine should be imposed. 30.5(2) Revocation of cer…

30.6(1) A manufacturer’s dispute resolution program certified in this state, or a program established by a manufacturer applying for certification in this state, shall submit to the attorney general a copy of each settlement approved by the program and decision made by the decisi…

The charge of excessive prices for merchandise needed by victims of disasters is hereby declared to constitute an unfair practice under the Consumer Fraud Act, Iowa Code section 714.16 (1993), and is subject to all penalties provided therein. For purposes of this rule, a per se v…

An advertisement in which a sponsor offers a prize not requiring a payment, purchase or donation as a condition of awarding the prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about the prize shall be deemed to have made a discl…

These rules apply to property forfeited under the authority of Iowa Code section 809A.25. They do not apply to property seized for forfeiture by the department of natural resources under Iowa Code section 483A.33.

33.10(1) The term “interest holder” shall include an entity which owns or holds a properly perfected mortgage, security interest, or other interest in real or personal property. 33.10(2) An interest holder with an exempt interest in forfeited property may be appointed as an agent…

The seizing agency that initiates a seizure for forfeiture must arrange for and pay costs associated with the proper care of property seized for forfeiture within the following guidelines: 33.2(1) Motor vehicles. a. Motor vehicles must be stored in a manner which will minimize de…

33.3(1) An agency which seizes real property for forfeiture must notify the department within ten days of the seizure. Notice shall include the identity of the party from whom the property was seized, the date and county of seizure, and a legal description of the property seized …

33.4(1) Controlled substances. An agency in possession of a controlled substance which has been forfeited shall dispose of it as required by Iowa Code section 124.506. 33.4(2) Obscene materials. Materials which violate the provisions of Iowa Code chapter 728 shall be destroyed. A…

The department will review each item of forfeited property to determine if it is of a nature that would be useful to the department in enforcement of the law. If such a use exists, the department may take possession of the property and retain ownership instead of transferring it …

33.6(1) If the department determines that it does not have use for an item of forfeited property, the seizing agency must accept ownership of the property and use or dispose of it under these guidelines. 33.6(2) If the department determines that property is available for gift to …

An agency which seizes property for forfeiture shall maintain records showing the disposition, including destruction, of forfeited property for a period of three years from the date of forfeiture. The records shall comply with any recommendations of the state auditor but must, at…

If the department determines that an agency is not in compliance with these rules, the department may suspend, temporarily or permanently, the agency’s privilege of receiving gifts of forfeited property.

An agency may appeal a decision to suspend its privilege to receive gifts of forfeited property under rule 61—33.8(809A) or other departmental action upon the basis that it has not been done according to these rules as follows: 33.9(1) Appeal to deputy attorney general for crimin…

Iowa Code section 6B.2A(1) mandates that an acquiring agency provide a statement of rights to owners of record who may have all or a part of their property acquired by condemnation. It also directs the attorney general to adopt rules prescribing a statement of rights which an acq…

Rule 61—34.1(6B) is not intended to prohibit acquiring agencies from providing a statement of rights in a different form, a more detailed statement of rights, or supplementary material expanding upon an owner’s rights. [ARC 2979C, IAB 3/15/17, effective 4/19/17] These rules are i…

“Creditor” means a person or entity who is owed money or property by another person via the extension of credit to that other person to defer payment of debt, to incur debt and defer its payment, or to purchase property or services and defer payment therefor, or a person or entit…

35.2(1) Completion of application. a. A person who has filed a report of identity theft may apply for an identity theft passport through the law enforcement agency to which the report was made. b. An application for an identity theft passport shall include the following: (1) Comp…

35.3(1) Upon receipt of a completed application for an identity theft passport, the division shall review the application and determine whether to issue the applicant an identity theft passport. In determining whether to issue the identity theft passport, the division shall consi…