Iowa Administrative Code

Applications for certification shall be completed and submitted by the means specified online at ocio.iowa.gov/broadband. In order to receive certification from the office, applications must be filled out in their entirety. Communications service providers making application to t…

Applications for certification must be received by the office at least ten days prior to the closure of the next applicable assessment deadline to be considered by the office for purposes of that reporting cycle. If the office does not receive an application within that time fram…

Following the timely filing of an application for certification and before the closure of the next assessment cycle, the office shall notify the communications service provider by electronic means of its decision regarding the application for certification. If the decision is to …

The certification shall state the communications service provider for which the certification is being issued, the broadband block number(s) (as provided on the map referenced in rule 129—21.4(8B,427)) of the targeted service area(s) for which the certification is being issued an…

To the extent an application for certification satisfies all other requirements of this chapter, if at the time such application is filed the office’s determination of whether a particular broadband block forming the basis of such application, in whole or in part, is a targeted s…

To the extent applicable, after an installation of broadband infrastructure certified by the office is fully installed in a targeted service area, the communications service provider for which a certification was issued must certify to the office that such installation facilitate…

The definitions in Iowa Code section 8B.1 and rule 129—20.1(8B,427) shall apply to this chapter. In addition, for purposes of this chapter, the following definitions shall apply: “Grantee” means a communications service provider awarded grant funds by the office pursuant to and i…

This chapter applies to the broadband grants program established by Iowa Code section 8B.11 and administered by the office. This chapter interprets relevant provisions of Iowa Code sections 8B.1 and 8B.11 and establishes program process, management, and measurement rules designed…

22.3(1) The office shall provide notice to communications service providers when grant funds become available for distribution by the office by posting a “Notice of Funding Availability” (NOFA) online at iowagrants.gov and ocio.iowa.gov/broadband. 22.3(2) Such NOFA shall: a. Gene…

22.4(1) Application process. Following the issuance of a NOFA by the office, communications service providers may apply to the office for grant funds for the installation of broadband infrastructure that facilitates broadband service in targeted service areas at or above the down…

22.5(1) and 22.5(2) Rescinded IAB 6/2/21, effective 5/7/21. 22.5(3) Office final decision. The office will review all applications received by the deadline and otherwise warranting review in accordance with the terms, conditions, and requirements of the NOFA, these rules, and Iow…

22.6(1) Grant agreement required. The office may require a grantee to enter into a grant agreement with the office in accordance with the terms, conditions, and requirements of the NOFA. Such grant agreement may include, but not be limited to, the total amount of the grant funds …

Subject to applicable law, including but not limited to Iowa Code section 8B.11(2)“c,” if grant funds that the office had previously committed to specific grantees are not ultimately issued to a grantee (e.g., because applicable expenditures are not allowed or are disallowed, app…

If at the time a grantee is awarded grant funds the office’s determination of whether a particular broadband block forming the basis of the grantee’s application, in whole or in part, is a targeted service area currently subject to challenge pursuant to the appeal and contested c…

The definitions in Iowa Code section 8B.1 shall apply to this chapter. In addition, the following definitions shall also apply: “Agency” or “state agency” means a unit of state government, which is an authority, board, commission, committee, council, department, examining board, …

8.2(1) Purpose. The office is created for the purpose of leading, directing, managing, coordinating, and providing accountability for the information technology resources of state government. In furtherance of this role, the office is, among other things, required or authorized t…

The office may establish advisory groups and related policies and procedures to organize and effectively and efficiently utilize such advisory groups. Advisory groups may be comprised of information technology leaders from agencies across state government to advise and assist the…

8.4(1) Proposing information technology governance requirements. Anyone may recommend the development or adoption of an information technology governance requirement to the CIO or office or advisory committee created and designated by the CIO for such purpose. 8.4(2) Development …

8.5(1) Compliance assessments and requests for information. The office may periodically assess participating agencies’ compliance with information technology governance requirements. In so doing, the office will coordinate and collaborate with participating agencies. Participatin…

8.6(1) Requests for waiver. A participating agency may file a request for waiver from an information technology governance requirement, in whole or in part, in accordance with the following form, manner, and content requirements. a. Form and manner. A request for waiver shall be …

Reports issued by the office, or orders granting or denying waivers, under this chapter shall be indexed, filed, and made available for public inspection as provided in Iowa Code section 17A.3. Such reports, orders, and related materials may be considered public records under Iow…

A participating agency may appeal a final decision of the CIO regarding the participating agency’s noncompliance with information technology governance requirements under rule 129—8.5(8B), or a denial, in whole or in part, of a request for waiver under rule 129—8.6(8B), to the di…

The office of ombudsman was established by the general assembly in 1972 and is charged with the responsibility to investigate complaints from any persons regarding administrative actions of Iowa state or local governmental agencies and to render objective opinions or recommendati…

The office of ombudsman is located at the Ola Babcock Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319. The office website is www.legis.iowa.gov/ Ombudsman. The office can be reached at the following numbers: telephone (515)281-3592, 1-888-426-6283 (1-888-IA-OMBUD), …

1.3(1) Staff. The office of ombudsman is composed of the following staff positions: a. Ombudsman. The ombudsman is appointed by the legislative council pursuant to Iowa Code section 2C.3. The ombudsman shall meet the qualifications specified in Iowa Code section 2C.4 and serve fo…

As used in this chapter: “Administrative action” means any action, decision, omission, policy, practice, procedure, or rule of an agency or any failure of an agency to act pursuant to law. “Agency” means all governmental entities, departments, boards, commissions, councils or ins…

2.10(1) Issuance. Pursuant to Iowa Code subsection 2C.9(5), the ombudsman has power to issue a subpoena to compel any person to appear, give sworn testimony, or produce documentary or other evidence relevant to a matter under inquiry. 2.10(2) Notice. The ombudsman shall give reas…

2.11(1) Purpose. The taking of testimony is an internal device used by the ombudsman to gather information and to assist in arriving at conclusions or recommendations regarding an agency’s actions. 2.11(2) Witnesses. Any person may be called to give testimony relating to a matter…

2.12(1) Complaint unsubstantiated. If, after completing an investigation, the ombudsman determines the complaint is not substantiated based upon a preponderance of the evidence, the ombudsman shall inform the complainant and the agency involved of such determination. 2.12(2) Comp…

2.13(1) Issuance of reports. The ombudsman may prepare a report of the findings of fact, conclusions, and recommendations relevant to an investigation. a. Critical reports. If the ombudsman determines as a result of an investigation that an administrative action of an agency, off…

2.14(1) When and to whom submitted. Pursuant to Iowa Code section 2C.18, the ombudsman shall by December 31 of each year submit an economically designed and reproduced annual report to the general assembly and to the governor concerning the activities and work performed during th…

If the ombudsman believes that a public official, employee, or other person has acted in a manner warranting a disciplinary or criminal proceeding, the ombudsman shall refer the matter to the appropriate authorities. [Adopted and published 10/26/16 pursuant to Iowa Code section 2…

2.16(1) Immunity of ombudsman. Except for removal from office as provided in Iowa Code chapter 66 or for employment-related claims, no civil action or other proceeding shall be commenced against the ombudsman or any member of the staff for any official act or omission performed p…

2.17(1) Penalties. As provided in Iowa Code section 2C.22, any person who willfully obstructs or hinders the lawful actions of the ombudsman or any member of the staff, or who willfully misleads or attempts to mislead the ombudsman or a member of the staff in the course of an inq…

2.2(1) Persons who may contact office. Any person may contact the ombudsman concerning an administrative action by an agency. If a person contacts the ombudsman on behalf of another person whose specific right or interest is directly affected by an administrative action, the ombu…

2.3(1) Correspondence. Any correspondence from a person confined or residing in an institution or facility under the control of an agency shall be forwarded, unopened and without undue delay, to the office of ombudsman by the institution or facility. Any correspondence from the o…

2.4(1) State employees. Notwithstanding the limitations of subrule 2.6(1), the ombudsman may investigate a complaint filed by an employee of a state employment system who alleges that an adverse employment action has been taken against the employee as provided in Iowa Code sectio…

2.5(1) Review of complaint. The ombudsman shall review and consider each complaint to determine if it is within the ombudsman’s jurisdiction, if it is an appropriate subject for investigation, and if it warrants an investigation, under the criteria in rule 141—2.6(2C). 2.5(2) Pre…

2.6(1) Jurisdiction. The ombudsman has jurisdiction to investigate any administrative action of an agency; however, the ombudsman shall not investigate the complaint of an employee of an agency in regard to that employee’s employment relationship with the agency, except as provid…

2.7(1) Notice of decision. If, after preliminary review and consideration of a complaint, the ombudsman decides not to investigate the complaint, the complainant shall be informed of the decision and the reasons for the decision. The ombudsman may also inform the agency involved …

2.8(1) Notice of decision. If, after preliminary review and inquiry and consideration, the ombudsman decides to investigate a complaint, the complainant and the agency involved in the complaint shall be notified of the decision. 2.8(2) Notice to agency. A notice of investigation …

2.9(1) Methods. The ombudsman may use any one or more of the following methods in conducting an investigation: a. Review applicable laws, rules, regulations, and policies; b. Request a statement from an agency providing reasons for taking an administrative action; c. Make informa…

As used in this chapter: “Agency” means the office of ombudsman. “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 infor…

3.10(1) Open records. Open records are routinely disclosed without the consent of the subject. 3.10(2) Confidential records. To the extent allowed by law, the agency may disclose confidential records without the consent of the subject of a confidential record. Following are insta…

3.11(1) Open records. Agency records are open for public inspection and copying, unless otherwise provided by rule or law. This agency also has possession of records which may be open records but which are copies of records from other agencies, which have been filed in judicial o…

This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in the record systems and the means by which that information is stored. Unless otherwise stated, the authority to c…

This rule describes groups of records maintained by the agency other than record systems as defined in rule 141—3.12(2C,22). These records are not stored or retrieved by personal identifiers. These records are routinely available to the public; however, the agency’s files of thes…