Iowa Administrative Code

35.7(1) If the division determines that an identity theft passport which has been issued should not have been issued, the division shall notify the person to whom the identity theft passport was issued of the intended revocation of the identity theft passport and the reasons for …

35.8(1) Identity theft victim application and affidavit. The following form may be used to apply for an identity theft passport. Iowa Attorney General's Office Identity Theft Victim Application and Affidavit Iowa Code section 715A.9A(2): A victim who has filed a report of identit…

A person licensed as a new motor vehicle dealer pursuant to Iowa Code chapter 322 is required to disclose to the buyer or lessee of a new motor vehicle that the vehicle has been subject to any repairs or adjustments, or replacements of parts with new parts, if the actual cost of …

“Dealer’s adjusted cost” means the amount paid by the dealer to the manufacturer or other source for the vehicle, including any freight charges, but excluding any sum paid by the manufacturer to the dealer as a holdback or other monetary incentive relating to the vehicle. “Electr…

36.3(1) The disclosure statement required by this rule shall be made in writing, to a buyer or lessee, at or before the time of sale or lease to the buyer or lessee and shall include the following statement, in at least 14-point type: Iowa law requires new motor vehicle dealers t…

The dealer shall give the buyer or lessee an adequate opportunity to review the disclosure statement before asking the buyer or lessee to sign the disclosure statement. [ARC 9806B, IAB 10/19/11, effective 11/23/11]

The dealer shall give a copy of the fully completed and signed disclosure statement to the buyer or lessee to retain at the time the statement is fully completed and signed. This requirement may be met by providing the buyer or lessee with a paper copy, including but not limited …

A dealer shall retain a paper or electronic copy of each written disclosure issued pursuant to this chapter for five years from the date of issuance. [ARC 9806B, IAB 10/19/11, effective 11/23/11]

Disclosure statements that are substantially similar to the statement required by this chapter will be permitted with the prior approval of the attorney general. [ARC 9806B, IAB 10/19/11, effective 11/23/11] These rules are intended to implement 2011 Iowa Acts, Senate File 418. […

37.1(1) Definitions. The terms “covered institution,” “educational loan,” “gift,” “lender,” “lending institution,” “preferred lender arrangement,” and “preferred lender list” have the same meaning as those terms are defined in Iowa Code section 261F.1. a. The term “de minimis” me…

In any case where the attorney general has authority to institute a civil action or proceeding pursuant to Iowa Code section 714.16(7), in lieu thereof, the attorney general may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be i…

As used in this chapter, the following definitions apply: “Applicant” means a person or entity that applies for funding from the department. “Application process” means the set of rules, requirements, and procedures outlined in the notice of funding opportunity on the department’…

39.2(1) Requests. Requests containing eligible projects shall be submitted to the department in accordance with the notice of funding opportunity and application process. Each request shall include the intended outcomes of the project or projects. The department may request addit…

Each applicant selected for an award is required to submit reports and other performance indicators following the instructions and methods requested by the department. At a minimum, each applicant selected for an award is required to submit an annual report on July 1 of each year…

To promote compliance with Iowa Code chapter 453C and Iowa Code Supplement section 453D.5(5), the attorney general may require nonparticipating manufacturers to make escrow payments required by Iowa Code section 453C.2(2) in quarterly installments during the year in which sales c…

“Nonparticipating manufacturer” has the same meaning in this rule as that cited in Iowa Code Supplement section 453D.2(7). “Participating manufacturer” has the same meaning in this rule as that cited in Iowa Code Supplement section 453D.2(8).

The attorney general may require quarterly payments from a nonparticipating manufacturer to which any of the following criteria apply: 5.3(1) No previous escrow deposit. The nonparticipating manufacturer has not previously established and funded a qualified escrow fund in Iowa; 5…

Nonparticipating manufacturers required to make quarterly payments must do so as follows: 5.4(1) Payments for sales occurring in the first quarter, January 1 through March 31, are due April 30 of the same year. The attorney general’s office must receive official notification of t…

The nonparticipating manufacturer and its brands may be removed from the Iowa Directory of Certified Tobacco Manufacturers and Brands if: 1. Required quarterly escrow payments are not timely made in full; or 2. The attorney general is not timely notified that the quarterly escrow…

As used in this chapter: “Convicted.” The term includes both a person’s present conviction and any prior conviction, whether occurring in Iowa or another jurisdiction. “Listed offense.” A listed offense is any offense set out in these rules. It also includes similar offenses unde…

8.2(1) A person who has been convicted at any time of a listed offense shall, prior to being granted probation, parole, work release or discharge, submit to DNA profiling under the provisions of Iowa Code section 13.10. 8.2(2) If the person has previously provided a specimen, the…

The following are listed offenses for the purpose of these rules: 1. Murder (Iowa Code section 707.2 or section 707.3). 2. Attempt to commit murder (Iowa Code section 707.11). 3. Kidnapping (Iowa Code sections 710.1, 710.2 and 710.3). 4. Sexual abuse (Iowa Code sections 709.2, 70…

The sample size, methods of drawing and preservation, labeling and shipping shall be as specified by the administrator of the division of criminal investigation criminalistics laboratory, department of public safety.

These definitions apply to the entire chapter. “Board” means the victim assistance board of the Iowa department of justice. “Chief” means the section chief of the victim assistance section established in the Iowa department of justice or a designee of the chief. “Department” mean…

In addition to the duties contained in Iowa Code section 13.31, the section shall: 9.10(1) Administer other funds, grants, or programs for victim assistance created by public law or the department. 9.10(2) Provide administrative support to the board. 9.10(3) Enter into agreements…

9.2(1) A victim assistance board is established pursuant to Iowa Code section 915.82. 9.2(2) Members of the board shall serve terms for three years and are eligible for reappointment to the board by the attorney general. 9.2(3) The initial term of the board members shall commence…

The section shall administer the crime victim compensation program as provided in Iowa Code chapter 915. All questions, comments, requests for information, or applications for compensation shall be directed to the section by calling 515.281.5044 or 1.800.373.5044. [ARC 8358C, IAB…

For rules related to the crime victim compensation program of the section, the following definitions apply: “Affinity” means the relationship of persons who are related by marriage, cohabitation, or engagement to be married. “Applicant” includes the following individuals who file…

The duties of the section shall include but not be limited to the duties provided for in Iowa Code sections 13.31 and 915.83, as well as: 9.27(1) To prepare appropriate forms for the filing and processing of compensation applications. 9.27(2) To conduct an administrative review o…

An applicant may file an application for compensation by telephone or in writing within two years of the occurrence or discovery of a crime pursuant to Iowa Code section 915.84(1). For a victim of sexual abuse when the offender has been referred pursuant to Iowa Code chapter 229A…

A person is not eligible for compensation unless the crime is reported to law enforcement pursuant to Iowa Code section 915.84(3). The program may waive the requirements of Iowa Code section 915.84(3) if good cause is shown. 9.29(1) Law enforcement report sources. The program fin…

9.3(1) Board members shall be reimbursed from the crime victim compensation fund for expenses actually and necessarily incurred in the discharge of their duties including attendance at board meetings, board committee meetings, and other activities on behalf of the board as design…

To be eligible for compensation, the crime victim shall cooperate with the reasonable requests of law enforcement. After considering the factors in subrule 9.29(4), the department may waive the requirement if good cause is shown. 9.30(1) Reasonable cooperation. Reasonable coopera…

The program shall reduce or disqualify compensation when there is a causal relationship between the contributory conduct on the part of the victim and the victim’s injury or death. Contributory conduct includes consent, provocation, or incitement of the crime on the part of the v…

The program shall determine the eligibility of an application for compensation. 9.32(1) Determination of eligibility. A denial of eligibility shall be based on written documentation that an application does not satisfy the requirements of Iowa Code chapter 915. An applicant shall…

Emergency awards of compensation may be made if the applicant has incurred a loss of income or pecuniary loss as a direct result of the crime. 9.33(1) Preliminary eligibility determination. The program must determine that the application is likely to be eligible based on document…

The section shall determine the amount of compensation to be awarded to an eligible applicant. 9.34(1) Benefit limits. Compensation shall be made up to the benefit category limits in effect on the date the application is filed. For an eligible victim of sexual abuse when the offe…

The section shall determine the amount of compensation to be awarded to an eligible applicant for injury from crime for each benefit category pursuant to Iowa Code section 915.86. 9.35(1) Medical care. Compensation may be paid for the reasonable expenses of medical care provided …

An applicant shall be informed in writing of the basis for the denial of eligibility or the amount of an award. 9.36(1) Applicant appeal. An applicant may appeal a compensation decision as follows: a. Appeal to chief. An applicant aggrieved by a denial decision or the amount of c…

This rule establishes a uniform process for granting waivers from rules adopted by the board governing the crime victim compensation program. 9.37(1) When waiver is appropriate. The board may grant a waiver from a rule the board has adopted if the board has rulemaking authority t…

9.4(1) The attorney general shall select one of the members of the board to serve as chair of the board. The chair shall serve at the pleasure of the attorney general. 9.4(2) A member who is chair of the board and relinquishes the position or is removed as the chair may maintain …

9.5(1) Resignations from the board shall be made to the attorney general. 9.5(2) Whenever a member of the board ceases to have the statutory qualifications for appointment to the board, that member shall be considered to have resigned and a vacancy shall occur on the board. 9.5(3…

The victim services support program of the Iowa department of justice shall administer the victim services grant funds as provided in Iowa Code chapters 13 and 236. All questions, comments, requests for information, or applications for grant funds shall be directed to the victim …

For rules related to the victim services support program, the following definitions apply: “Applicant” means a local or statewide government agency or a public or private nonprofit program that provides direct services and advocacy to crime victims; training and education to prof…

Any eligible local or statewide government agency, any public or private nonprofit program, or a combination thereof may apply for and receive a grant award through the program. A contractual agreement specifying the terms of the grant award shall be executed between the departme…

The program shall administer a competitive application process every three years unless otherwise directed by the board. The amount of the funds awarded shall be contingent upon the funds available through state and federal sources. The chief shall announce the opening of an appl…

Applicants shall submit applications to the section in the form and manner prescribed by the section. Applications shall be available upon request to all interested parties. 9.54(1) To be included in the review process and considered for funding, an application shall be received …