Iowa Administrative Code

10.322(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. 10.3…

10.323(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 re…

any 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 th…

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

10.326(1) When commissioner of public safety presides over the reception of evidence at the hearing, the commissioner’s decision is a final decision. 10.326(2) When the commissioner does not preside at the reception of evidence, the presiding officer shall make a proposed decisio…

10.327(1) Appeal by party. Any adversely affected party may appeal a proposed decision to the commissioner of public safety within 30 days after issuance of the proposed decision. 10.327(2) Review. The commissioner may initiate review of a proposed decision on the commissioner’s …

10.328(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 10.328(2) Content of application. a. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the reli…

10.329(1) When available. a. Any party to a contested case proceeding may petition the department for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the agency. The petition shall be filed with the notice of appeal and shall state …

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 hearing…

10.331(1) Necessary emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare and, consistent with the Constitution and other provisions of law, the department may issue a written order in compliance with 1998 Iowa Act…

contested case proceedings in which the department is a party shall be on the petitioner. These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202. [Filed June 30, 1975] [Filed 6/7/79, Notice 5/2/79—published 6/27/79, effective 8/2/79…

private investigation and private security statute. Any questions, comments, information, requests for information, or application for a license or an identification card should be directed to the Program Services Bureau, Iowa Department of Public Safety, State Public Safety Head…

provided by the department. This renewal form and two completed FBI Fingerprint Cards (Form #FD–258) shall be submitted to the commissioner not less than 30 days prior to expiration of the applicant’s current license and shall not be processed unless complete. In order for the ap…

121.11(1) The employee identification card issued by the commissioner shall include the employee’s name and color photograph, agency name and number, type of business, date of issuance and identification card number. The identification card shall be evidence that the holder is du…

or hats will be approved for private investigative or bail enforcement agents. No holder of a license or identification card while performing the duties of a private security guard shall wear any uniform, or wear, display, or likewise use any badge, insignia, patch, shield, or th…

card shall use, display, cause to be printed or distributed in any fraudulent, false, or misleading manner, cards, letterheads, circulars, brochures, or any other advertising material or advertisement in which any name or indicia of the license status of the licensee is set forth…

statement which indicates or tends to indicate the individual is a peace officer.

in this state shall make and offer to the client a typed or legibly written ink report containing the findings and complete details of the investigation, a copy of which shall be retained by the licensee for three years and made available to the commissioner for examination at an…

121.16(1) Actions by the commissioner. The commissioner may deny, suspend, cancel or revoke a license or identification card(s) for any of the following reasons: a. Failure to comply with all of the provisions of Iowa Code chapter 80A and Iowa Administrative Code, 661—Chapter 121…

ascertaining that all the licensee’s employees meet the requirements of the bail enforcement, private investigation and private security statute and rules. The licensee shall report to the commissioner any violations of the statute and rules, and inconsistencies thereof, and take…

in rule 661—4.3(17A,724) shall preclude the sheriff from requiring additional firearm training. However, if the sheriff so requires additional training, the sheriff shall make such training reasonably available to the applicant.

carry weapons must meet the requirements of the Iowa Code and Iowa Administrative Code, 661—Chapter 4.

“Aggravated misdemeanor” means an offense so defined in the Iowa Code or an offense committed in another jurisdiction with a penalty of imprisonment for two years or more. “Applicant” means any person applying to the commissioner for a license or a permanent identification card. …

adverse may be appealed through the process delineated in Iowa Administrative Code, 661—Chapter 10.

taken by the department on a certificate of noncompliance received from the Iowa department of human services pursuant to Iowa Code chapter 252J: 121.21(1) The notice required by Iowa Code section 252J.8 shall be served upon the applicant, identification card holder, or licensee …

upon the premise that the increasing complexity of the private investigation business makes it essential that private investigators who have been granted licenses to practice continue their education; the public interest requires that private investigators keep themselves continu…

121.23(1) Eligibility. A temporary permit to conduct business in Iowa may be issued to a private investigative or private security agency licensed in another state provided that the requirements and qualifications in the licensing state are similar to those in Iowa and that the l…

receiving a written statement that the original license has been lost, destroyed, stolen or otherwise rendered useless by damage from flooding, storms or other conditions which form a basis for issuance of a disaster emergency proclamation by the governor pursuant to Iowa Code se…

officer shall participate in annual live scenario training as described in rule 661—91.18(724) and shall participate in an initial familiarization firearm and course of fire training and subsequent quarterly live firearm training as described in rule 661—91.19(724). [ARC 8226C, I…

121.3(1) An officer or employee of the United States, or a state, or a political subdivision of the United States or of a state while the officer or employee is engaged in the performance of official duties or an employee of a contractor or subcontractor with a federal agency whi…

investigation, or private security business in this state shall be licensed prior to such activity. Each business requires a separate license. For a license to be valid, the business shall have at least one current valid licensee who is a director, officer, partner or person who …

undergo a background investigation by the department and must meet the following standards: 121.5(1) Be at least 18 years old; 121.5(2) Not be a peace officer (except a reserve peace officer); 121.5(3) Never have been convicted of a felony or aggravated misdemeanor; 121.5(4) Not …

licensed bail enforcement, private investigative or private security agency must obtain an employee identification card from the department and must meet the standards established in rule 661—121.5(80A). However, applicants for employee identification cards are not required to co…

121.7(1) A fee of $100 shall accompany each application for a bail enforcement, private investigative or private security license. If the application is approved, the money shall be applied to the license fee, but if the application is disapproved, the deposited application fee s…

licensee named therein shall cause such license to be posted and at all times displayed in a conspicuous place in the licensee’s principal place of business within the state, so that all persons visiting such place may readily see it. If there is more than one place of business, …

$5 and upon receiving a written statement that the original license has been lost, destroyed, stolen or otherwise rendered useless, and that if the original license is recovered, the original or the duplicate will be returned immediately to the department.

processes applications for appointment as railway special agents from persons who are regularly employed by a railroad so those persons may protect railroad property.

that the requirements outlined in Chapter 4, “Weapons,” have been fulfilled.

this division Form WP1 or WP2 to renew the weapons permit.

weapon training and demonstrate necessary proficiency in the use of weapons.

a railway special agent, the division will process the application. All material will be reviewed and maintained in administrative services division headquarters’ files. The division will conduct further investigation of the applicant which may include a check of drivers’ license…

issued an identification card for the applicant. This card should have affixed one fingerprint and the signature of the applicant. It shall then be returned to the administrative services division for authentication signatures.

within five working days, when any of the following take place: 13.15(1) The railway special agent appointed by the department is terminated from employment. 13.15(2) The railway special agent has been hospitalized for a long-term illness or is undergoing psychiatric evaluation o…

include the railway special agent’s identification card and weapon permit. These rules are intended to implement Iowa Code section 80.7. [Filed 6/30/75] [Filed 6/7/79, Notice 5/2/79—published 6/27/79, effective 8/2/79] [Filed 4/1/88, Notice 9/23/87—published 4/20/88, effective 5/…

enforcement officers as established in the Iowa law enforcement academy rules.

law enforcement academy.

of request for the appointment of a railroad employee as railway special agent. This letter and all other correspondence is to be sent to this division, Attention: Railway special agent license. The letter shall state the applicant’s full name (first, middle and last) and address…

form that is not reproduced in these rules but is available and may be obtained from this division. This form should be typewritten or clearly printed in ink and all questions must be answered, if applicable.

required, and two additional photographs measuring 1½″ by 1½″ suitable for the identification card.

without glasses shall be indicated.