Iowa Administrative Code

guidance programs and their essential components, counseling and testing and all on-the-job training programs for the employees of regent institutions and the board office shall be administered in accordance with the provisions of all federal and state laws, executive orders, and…

board of regents in providing their services to the public, and equal treatment shall be guaranteed in the use of their facilities. Those in charge of the various institutions shall take especial care that no institutional facility is used in the furtherance of any discriminatory…

7.6(1) Equal employment opportunity. The state board of regents and the institutions under its jurisdiction are responsible for the administration and promotion of equal opportunity in contracts and services and the prohibition of discriminatory and unfair practices within any pr…

11/10/21. [Filed 6/27/75] [Filed emergency 8/13/80—published 9/3/80, effective 8/15/80] [Filed emergency 7/25/86—published 8/13/86, effective 7/25/86] [Filed 11/14/86, Notice 8/13/86—published 12/3/86, effective 1/7/87] [Filed 3/29/88, Notice 2/10/88—published 4/20/88, effective …

9.1(1) Definitions. For purposes of these rules, the following words shall have the meaning set forth unless the context requires otherwise. “Admission” means admission, readmission, reentry, registration, and reregistration as a student to any educational program of the universi…

governed by the board of regents are asked about their eligibility to return to the institution from which the applicant is transferring. If the applicants are not eligible to return, the following rules apply: 9.2(1) Transfers among regent institutions. Transcripts at all regent…

judgment, the university’s resources are not adequate to the task of providing hearings regarding violations of rules governing conduct at the institution on any particular occasion, the president may appoint one or more hearing examiners. Hearing examiners shall be licensed atto…

9.4(1) Policy statement. A primary responsibility of the board of regents is to oversee institutions whose missions include the creation and dissemination of knowledge. These missions encompass teaching, research, and services. To fulfill their missions effectively, institutions …

effective 11/10/21.

IAB 10/6/21, effective 11/10/21.

11/10/21.

the regent institutions are served through implementation of a full and free competitive purchasing system for the procurement of goods and services fostered by the use of open specifications, competitive bids or quotations, and awards to the lowest responsible bidder or to the b…

1959 to provide for the location, recovery, restoration and preservation of archaeological materials for the state, and coordinate these activities with other state agencies. The OSA publishes both educational and scientific reports related to these duties and responsibilities. 1…

services, field services and publication. 1.2(1) The state archaeologist carries the overall responsibility of OSA and for all activities developed from or associated with OSA. The state archaeologist shall be the director of the office. 1.2(2) The associate director is responsib…

and operation of OSA either in writing or by telephone to Director, OSA, 700 S. Clinton Street Building, The University of Iowa, Iowa City, Iowa 52242; (319)384-0751. This rule is intended to implement Iowa Code section 17A.3. [ARC 9025B, IAB 8/25/10, effective 9/29/10] [Filed 10…

shall be a member of the department of anthropology of the State University of Iowa. Midwestern archaeological programs of the department of anthropology and the OSA are coordinated through the cooperative efforts of the state archaeologist and the faculty of the department of an…

physical remains or suspected human physical remains believed to be over 150 years in age. OSA should be notified of the location of areas believed to represent ancient burial grounds. The director has the authority to deny permission to disinter human physical remains from abori…

archaeological and paleontological remains, OSA maintains the Iowa Archaeological Site File in digital and paper formats. OSA is the appropriate agency for the public or other agencies to contact to report sites or to receive information concerning known sites in the inventory. O…

12.2(1) The official site numbers used in the Iowa Archaeological Site File conform to the Smithsonian trinomial system which incorporates state and county designations coded with sequentially numbered sites within each county. 12.2(2) Numbers are assigned on an individual basis …

is recorded in the Iowa Archaeological Site File database in a data format developed by OSA. The electronically digitized, mapped location of each reported site is part of the Iowa Archaeological Site File database. Information explaining the process of reporting site information…

archaeological resources and sites is confidential unless approved for disclosure. This is intended to provide such resources and sites protection from unreasonable risk of damage or loss. The state archaeologist is the appropriate authority to approve disclosure of information o…

1. A graduate degree in archaeology, anthropology, or a closely related field of equivalent specialized training in archaeological research, administration, or management, 2. At least one year of full-time professional experience, 3. At least four months of supervised field and a…

14.3(1) Upon request, OSA will make the Iowa Archaeological Site File including site location maps available to the following individuals for inspection and copying: a. Members of the Association of Iowa Archaeologists; b. Members of the Register of Professional Archaeologists; c…

Archaeological Site File and OSA documents including electronic records will be charged for services. [ARC 9025B, IAB 8/25/10, effective 9/29/10] These rules are intended to implement Iowa Code section 263B.10. [Filed 6/24/88, Notice 4/20/88—published 7/13/88, effective 8/17/88] …

“Agency” means the office of state archaeologist (OSA). “Confidential record” means a record which is not available as a matter of right for examination and copying by members of the public under applicable provisions of law. Confidential records include records or information co…

the agency other than record systems as defined in rule 685—15.1(17A,22,263B). These records are routinely available to the public. However, the agency’s files of these records may contain confidential information. In addition, some records may contain information about individua…

15.2(1) Location of record. A request for access to a record should be directed to the state archaeologist at OSA, 700 South Clinton Street Building, University of Iowa, Iowa City, Iowa 52242; or telephone (319)384-0751. 15.2(2) Office hours. Open records shall be made available …

permitted by any applicable provision of law, a person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party. A request for such a disclosure must be in writing and must identify the particular …

15.4(1) Open records are routinely disclosed without the consent of the subject. 15.4(2) To the extent allowed by law, disclosure of confidential records or exempt records may occur without the consent of the subject. Without limiting the custodian’s discretion to disclose record…

15.5(1) Definition. “Routine use” means the disclosure of a record without the consent of the subject or subjects for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public re…

15.6(1) Consent to disclosure by a subject individual. To the extent permitted by law, the subject may consent in writing to agency disclosure of confidential records as provided in rule 685—15.3(17A,22,263B). 15.6(2) Complaints to public officials. A letter from a subject of a c…

15.7(1) The subject of a confidential record may file a written request to review confidential records about that person as provided in rule 685—15.3(17A,22,263B). However, the agency need not release the following records to the subject: a. The identity of a person providing inf…

15.8(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law. 15.8(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withho…

of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 685—15.1(17A,22,263B). For each record system, this rule describes the legal authority for the collection of that informa…

2.1(1) Petitions requesting the promulgation, amendment, waiver, or repeal of a rule shall be made to the director in writing and include the following information: a. Name, address, and telephone number of petitioner. b. The text of the rule as is and as proposed. c. A concise s…

2.2(1) For the purposes of this rule, the term “waiver” means action by the state archaeologist that suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of the person. 2.2(2) The sta…

3.1(1) Petitions for declaratory rulings are made to the director of the agency in writing. Each petition shall describe the facts or circumstances giving rise to the request for a ruling, shall contain the text or a citation to the statute, rule, statement of law or policy, deci…

culminate in contested case proceedings, are encouraged. 4.1(1) All such informal settlements or waivers shall be made by the director when possible and by the parties contesting the rule in question. 4.1(2) Both parties to a contested case proceeding may, by written stipulation …

4.10(1) A presiding officer or other person shall withdraw from participation in the making of any proposed or final decision in a contested case if that person: a. Has a personal bias or prejudice concerning a party or a representative of a party; b. Has personally investigated,…

4.11(1) Consolidation. The presiding officer may consolidate any or all matters at issue in two or more contested case proceedings where (a) the matters at issue involve common parties or common questions of fact or law; (b) consolidation would expedite and simplify consideration…

4.12(1) Petition. A petition in a contested case proceeding shall state in separately numbered paragraphs the following: a. The persons or entities on whose behalf the petition is filed; b. The particular provisions of statutes and rules involved; c. The relief demanded and the f…

4.13(1) 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 proceeding, including the per…

4.14(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.…

4.15(1) Issuance. a. An OSA 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 shall i…

4.16(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. 4.16(2) Any party may file a written response to a motion within ten days after the motion is served, unless the time peri…

4.17(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. 4.18(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…

prior to the hearing only in accordance with OSA rules. Unless otherwise provided, a withdrawal shall be with prejudice. [ARC 9025B, IAB 8/25/10, effective 9/29/10]

applies to contested case proceedings conducted by OSA. [ARC 9025B, IAB 8/25/10, effective 9/29/10]

4.20(1) 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 interven…