Iowa Administrative Code

in the amount of $5,000 for the person to be appointed. Such surety bond in the amount stated shall be issued by a bonding or surety company licensed through the Iowa insurance commission to do business in the state of Iowa. The surety bond shall name the railway special agent an…

applicant appointed as a railway special agent shall conduct a complete background investigation of each applicant. The results of this background investigation shall be submitted with the application in typewritten report form. This background investigation shall contain, but no…

“Administrator” means the administrator of the Iowa racing and gaming commission. “Applicant” means any person applying for an occupational license or applying for a license to operate an excursion gambling boat, or the officers and members of the board of directors of a qualifie…

structure a room specifically utilized to monitor and record gambling activities. This room shall have a trained surveillance person present at all times during casino operation hours. In addition, an excursion gambling boat, racetrack enclosure, or gambling structure may have sa…

as follows: 141.11(1) Cleanup and removal time. At any time that cleanup operations or money removal is being conducted in the casino area, the security surveillance room must be staffed with a minimum of one trained surveillance person. 141.11(2) Locked-down mode. Anytime the ca…

operator, the director of the DCI may, for just cause, waive any requirement of this chapter, provided that the director finds that all of the following conditions exist: 1. The requirement requested to be waived is not imposed by statute or another provision of law, and the esta…

effective 4/1/09.

141.4(1) Every licensee shall install, maintain and operate, on the same premises where the casino is located or, with the approval of the DCI, on a property adjacent to the casino, a closed circuit surveillance system according to specifications set forth in these rules and shal…

be limited to, the following equipment: 141.5(1) Cameras. The system shall include Pan Tilt Zoom cameras, commonly referred to as PTZ cameras, that are light-sensitive and capable of being placed behind a dome or one-way mirror which conceals the PTZ cameras from view. Each camer…

by either the commission or the DCI, surveillance that allows clear, unobstructed views of all on-site gambling activities in the following areas of the gaming floor, designated sports wagering area, and related areas, land-based facilities, and racetrack enclosures: 141.6(1) Slo…

offices assigned to the DCI shall be equipped with at least two video or computer monitors, each a minimum of 12 inches, with control capability of any source in the surveillance system. The following shall be additional mandatory equipment for said room or rooms: 1. A printer me…

quality to show clearly the value of gaming chips, tokens, and playing cards. These cameras shall be capable, at a minimum, of black and white recording and viewing, except those cameras covering exits and entrances of the casino area and gangplank areas, which shall be capable o…

enable the video surveillance system to provide clear viewing and reproductions.

section 691.1 is located, pursuant to that section, within the division of criminal investigation. 150.1(1) Identification. The state criminalistics laboratory will be known as the division of criminal investigation criminalistics laboratory. Unless the context clearly implies ot…

enforcement agencies within the state of Iowa. The laboratory will, within its capabilities, conduct analyses and comparative studies on physical evidence to aid in any criminal investigation, when requested by a prosecuting attorney, a medical examiner, or a law enforcement agen…

analysis for which a laboratory staff member has received appropriate training and for which the necessary equipment and materials are available to the staff member performing the analysis. Information regarding the current forensic science capabilities of the laboratory may be o…

150.4(1) Evidence may be submitted to the laboratory by: a. Any law enforcement agency in Iowa; b. The Iowa department of corrections; c. Any other criminal or juvenile justice agency, with the approval of the laboratory administrator; or d. Any other state agency, with the appro…

150.5(1) A copy of each completed report of analyses performed by the laboratory will be provided to the submitting officer and to the prosecuting attorney. The prosecuting attorney is responsible for providing copies of any laboratory report to the defendant or defendants as req…

150.6(1) Evidence will be returned to the submitting agency unless one of the following conditions applies: a. Retention of the evidence would be beneficial for future laboratory analysis. b. Returning the evidence presents a hazard to health or safety. Any required notice to the…

Commissioner, Iowa Department of Public Safety State Public Safety Headquarters Building 215 East 7th Street Des Moines, Iowa 50319 156.10(3) A DNA record shall not be expunged pursuant to this rule if expungement or destruction of the DNA record would destroy evidence related to…

division of criminal investigation criminalistics laboratory. These rules govern the administration of the DNA database and the collection, submission, analysis, identification, storage, disposition, and expungement of DNA records gathered for the DNA database. These rules do not…

156.10(1) A person whose DNA record has been included in the database may request expungement of the DNA record from the database based upon the reversal on appeal or dismissal of the case of the person’s conviction, adjudication, or civil commitment that caused the submission of…

661—156.10(81): “Administrator” means the administrator of the division of criminal investigation criminalistics laboratory. “Commissioner” means the commissioner of public safety. “Database” means the DNA database located in the division of criminal investigation criminalistics …

supervision of a supervising criminalist employed by the laboratory and designated by the administrator. [ARC 0219C, IAB 7/25/12, effective 9/1/12]

to submit a sample pursuant to the provisions of 2005 Iowa Acts, House File 619. 156.4(1) The sample shall be collected by the agency to which custody or responsibility for supervision has been assigned by the court issuing the sentencing order. 156.4(2) Each DNA sample shall be …

156.5(1) All samples collected for inclusion in the DNA database should be submitted to the following address: Iowa DCI Criminalistics Laboratory 2240 S. Ankeny Boulevard Ankeny, Iowa 50023-9093 Exception: Each sample submitted in a package with a preprinted mailing address or wi…

by laboratory personnel and the results of the analysis entered into the database in accordance with the provisions of “Quality Assurance Standards for Convicted Offender DNA Databasing Laboratories,” published by the DNA Advisory Board to the Federal Bureau of Investigation, Sep…

database shall be identified by a unique number that will reference the full name of the person whose sample is submitted, the person’s date of birth, and a clear fingerprint taken from the person. [ARC 0219C, IAB 7/25/12, effective 9/1/12]

be stored under normal office conditions. [ARC 0219C, IAB 7/25/12, effective 9/1/12]

9/1/12.

commissioner, by these rules, approves the following devices and methods to take a specimen of a person’s breath or urine for the purpose of determining the alcohol or drug concentration.

157.2(1) A breath testing device is a device designed and constructed to measure a subject’s breath alcohol concentration by utilizing a sample of the subject’s breath. 157.2(2) A peace officer desiring to perform testing of a subject’s breath for the purpose of determining the a…

purpose of determining alcohol or drug concentration shall proceed as follows. 157.3(1) The collection shall be made in the presence of a peace officer or other reliable person under the supervision of a peace officer. The peace officer or other person in the presence of the subj…

Any sample of urine or blood may be submitted to the division of criminal investigation criminalistics laboratory or other appropriate laboratory via ordinary mail, private courier, or personal delivery.

157.5(1) A peace officer desiring to perform a preliminary screening test of a person’s breath shall use a device approved by the division of criminal investigation criminalistics laboratory. Such devices are approved for accuracy and precision using a dry gas standard or breath …

approved in this chapter for the purpose of determining a person’s alcohol concentration for evidential purposes under Iowa Code chapter 321J, and the devices otherwise approved in this chapter only for use in performing preliminary breath screening tests, are equally approved fo…

157.7(1) Adoption of federal standards. Initial test requirements based upon standards adopted by the federal Substance Abuse and Health Services Administration in “Mandatory Guidelines for Federal Workplace Drug Testing Programs,” 82 FR 7920, and displayed in the following table…

158.1(1) The rules in this chapter establish standards and requirements that apply to ignition interlock devices installed in motor vehicles pursuant to court orders or administrative orders issued by the DOT pursuant to Iowa Code chapter 321J. 158.1(2) Various sections of Iowa C…

“Alcohol” means any member of the class of organic compounds known as alcohols and, specifically, ethyl alcohol. “ASP” means an authorized service provider, which is a person or company meeting all qualifications outlined in this chapter and approved and trained by the manufactur…

in the Model Specifications for Breath Alcohol Ignition Interlock Devices as published in the Federal Register, May 8, 2013, Volume 78, No. 89 pages 26849-26867. Only a notarized statement from a laboratory capable of performing the tests specified will be accepted as proof of me…

158.4(1) The approval of an IID will remain valid until either voluntarily surrendered by the manufacturer or until the approval of the IID has been revoked by the commissioner of public safety for cause. Reasons for revocation include but are not limited to the following: a. Evi…

writing of any modifications that will affect the accuracy, reliability, ease of use, or general function of the approved IID. The notification shall include but not be limited to a listing of those modifications that were made, those components that were redesigned or replaced, …

c. A pattern of evidence indicating that the IID may be easily tampered with or bypassed. d. Any violation on the part of the manufacturer of the IID of any laws or regulations related to the installation, servicing, monitoring, and calibration of IIDs, or failure of a manufactur…

158.7(1) The manufacturer and its ASPs will take all reasonable steps necessary to prevent tampering with or physical circumvention of the IID. These steps shall include the following: a. ASPs will use special locks, seals, installation procedures, or design characteristics that …

158.8(1) An IID utilized in accordance with the provisions of this chapter will have the calibration checked and recalibrated at least once every 60 days or pursuant to a violation reset using either a wet bath simulator or dry gas standard. Calibration is to be completed by the …

manufacturer of an approved IID, either on its own or through its ASPs, will comply with the following provisions: 158.9(1) Each manufacturer and ASP of IIDs approved for use in Iowa pursuant to this chapter will maintain general liability insurance coverage that is effective in …

to as the “24/7 program,” is established in the department of public safety for use by participating jurisdictions. The program shall be available at least twice per day during hours designated by the law enforcement agency, seven days per week in the participating jurisdictions.…

“Alcohol” means an alcoholic beverage as defined in Iowa Code section 321J.1. “Commissioner” means the commissioner of public safety as defined in Iowa Code section 80.1A. “Controlled substance” means the same as defined in Iowa Code section 124.101. “Department” means the depart…

159.11(1) Program requirements. As a participating jurisdiction of the 24/7 program, the participating jurisdiction shall: a. Designate the law enforcement agency or third-party provider that will administer, implement and enforce the 24/7 program. More than one law enforcement a…