Iowa Administrative Code

filed, and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying a waiver petition are public records under Iowa Code chapter 22. Some petitions or orders may contain information the division is authorized or…

the division shall make a submission on the Internet site established pursuant to Iowa Code section 17A.9A for the submission of waiver information. The submission shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or …

may be withdrawn, canceled, or modified if, after appropriate notice and hearing, the division issues an order finding any of the following: 1. The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propriety…

of the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.

within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.

petition may be taken in accordance with Iowa Code chapter 17A. These rules are intended to implement Iowa Code section 17A.9A and chapter 161A. [Filed 5/10/01, Notice 4/4/01—published 5/30/01, effective 7/6/01] [Filed ARC 5725C (Notice ARC 5576C, IAB 4/21/21), IAB 6/30/21, effec…

process for the granting of individual waivers from rules adopted by the division in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the …

jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. The division may not waive requirements created or duties imposed by statute.

27—8.6(17A,161A), the division may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the division finds, based on clear and convincing evidence, all of the following: 1. The application of the rule would impose an undue hardship on th…

as follows: 8.5(1) License application. If the petition relates to a license application, the petition shall be made in accordance with the filing requirements for the license in question. 8.5(2) Contested cases. If the petition relates to a pending contested case, the petition s…

where applicable and known to the requester: 1. The name, address, and telephone number of the entity or person for whom a waiver is being requested and the case number of any related contested case. 2. A description and citation of the specific rule from which a waiver is reques…

division may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the division may, on its own motion or at the petitioner’s request, schedule a telephonic or in-person meetin…

ensure that, within 30 days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law. In addition, the division may give notice to other person…

regarding contested case hearings shall apply to any petition for a waiver filed within a contested case and shall otherwise apply to agency proceedings for a waiver only when the division so provides by rule or order or is required to do so by statute.

1.1(1) The head of the department of justice is the attorney general, an official elected for a term of four years. The main office is located on the Second Floor, Hoover State Office Building, Des Moines, Iowa 50319, telephone (515)281-5164. 1.1(2) The attorney general provides …

1.2(1) Appointed officials. The attorney general is assisted by appointed officials who are responsible to the attorney general. 1.2(2) Assistants. Four deputy attorneys general and a director of administrative services assist the attorney general in the management of the office.…

carry out the duties of the attorney general. In addition, the office of consumer advocate is a separate statutory office within the department under the supervision of the attorney general. The bureaus are each directed by a deputy attorney general. Each bureau consists of one o…

1.4(1) Complaints, inquiries and requests for information may be referred in writing or in person to the office of the attorney general or directly to the appropriate division of the attorney general’s office which handles the subject matter at hand. Except in certain consumer ar…

1.5(1) Written opinions are provided upon request on questions of law submitted by the legislature or by any state officer, elective or appointive. The questions must be of a public nature and relate to the duties of the requesting officer. Written opinions may also be issued to …

1.6(1) Complaints to the consumer protection division may be made by letter or by completion of a Consumer Protection Complaint Form which asks for the name, address, and telephone numbers of the complaining party and the person against whom the complaint is brought, the product …

adopted to describe the organization and practice of the administrator of the Iowa consumer credit code, Iowa Code chapter 537 and to otherwise implement the Iowa consumer credit code. 10.1(1) The consumer credit code administrator. Subject to the express provisions of Iowa Code …

available for inspection by the public during business hours. Copies can be made by the public at a reasonable cost per page with the cost to be determined by and posted by the administrator.

public in its dealings with the administrator are available to the public at the consumer credit code administrator’s office without charge or may be obtained by writing to or calling the administrator of the consumer credit code. The following form may be used by the public: Com…

by making a request to the consumer credit code administrator in writing, by telephone or in person. Requests should state with as much specificity as possible the legal issue(s) and the Iowa consumer credit code sections regarding which interpretation or information is sought. T…

credit code may be made to the office of the consumer credit code administrator either orally or in writing and need not be in any particular form. However, the consumer credit code administrator may, as a matter of discretion, require a complainant to submit information on a for…

each written complaint received by the consumer credit code administrator that concerns issues under the Iowa consumer credit code. The complaint record shall include the allegations and any actions taken toward resolving the complaint, including any final disposition.

consumer credit code administrator, that a person has engaged in conduct or committed an act or omission in violation of the Iowa consumer credit code, the administrator may, pursuant to Iowa Code sections 537.6105 and 537.6106, begin an investigation to determine whether the con…

person is committing or has committed an act or omission in violation of the Iowa consumer credit code, the administrator may: 1. Take one or more of the actions provided for in Iowa Code sections 537.6108 to 537.6113. 2. Take any action the consumer credit code administrator dee…

consumer credit code administrator shall advise and consult with consumer credit code administrators in other jurisdictions that enact the uniform consumer credit code and shall take into consideration the rules of administrators in other jurisdictions that enact the uniform cons…

11.10(1) Content. A petition for rule making shall contain: a. A caption in the following form: THE ADMINISTRATOR OF THE IOWA CONSUMER CREDIT CODE THE IOWA DEPARTMENT OF JUSTICE HOOVER STATE OFFICE BUILDING DES MOINES, IOWA IN RE: ___________ (interested person’s name) ) IOWA CON…

and amend rules, the consumer credit code administrator shall conduct rule making in accordance with the terms of the Iowa administrative procedure Act, Iowa Code sections 17A.4 to 17A.8. These procedures do not apply to rules of an emergency nature adopted under section 17A.5(2)…

procedure Act. A notice of intended action may designate a person within the agency to receive submissions and to respond to inquiries concerning the proposed rules.

as provided in the notice.

may schedule a hearing. 11.5(1) Conduct of public hearings. When required to do so, or in the attorney general’s discretion, the consumer credit code administrator shall conduct a public hearing. The hearing shall be conducted by and be under the control of a presiding officer wh…

or within 30 days thereafter, the consumer credit code administrator shall issue a concise statement of the principal reasons for and against the adopted rule. Requests for a concise statement of reasons must be in writing addressed to the administrator of the Iowa consumer credi…

which has registered its name and address with the administrator of the Iowa consumer credit code, may receive, by mail, copies of proposed consumer credit code rules. Registration of the association’s name and address with the consumer credit code administrator is accomplished b…

11.8(1) Registration. Small businesses as defined in Iowa Code section 17A.4A, and organizations representing at least 25 such small businesses may register with the consumer credit code administrator to receive notice of proposed consumer credit code rules that may have an impac…

petition the attorney general for the issuance, amendment or repeal of any consumer credit code rule.

may affect their legal rights, duties or responsibilities under any provisions of the Iowa consumer credit code or of any rule, other written statement of law, policy, decision or order issued pursuant to the Iowa consumer credit code may request a declaratory ruling from the con…

administrator shall have a binding effect between the administrator and petitioner in situations in which the facts and applicable law are indistinguishable from those presented in the petition for declaratory ruling. As to all other parties, and in factual situations which are d…

12.3(1) Format. A petition for declaratory ruling shall be typewritten or printed and shall contain a caption in the following form: THE ADMINISTRATOR OF IOWA CONSUMER CREDIT CODE THE IOWA DEPARTMENT OF JUSTICE HOOVER STATE OFFICE BUILDING DES MOINES, IOWA IN RE: THE PETITION OF …

12.4(1) Initial review. Upon filing of the petition, the consumer credit code administrator shall inspect the petition for substantial compliance with the recommended form, and may, in its discretion, reject a petition that fails to contain one or more of the stated requirements.…

12.5(1) The consumer credit code administrator may dismiss the petition or a portion thereof and decline to issue a declaratory ruling for any reason which it deems just and proper, including but not limited to the following: a. There is no jurisdiction under the Iowa consumer cr…

reasons in support of the ruling and shall be provided to the petitioner by certified mail. Rulings shall be mailed to other parties at the discretion of the consumer credit code administrator. Rulings shall be indexed and available for public inspection in the office of the cons…

unemployment insurance are permissible additional charges which may be excluded from the finance charge in a consumer credit transaction if all of the following conditions are met fully: 14.1(1) Insurance not a condition of credit. The involuntary unemployment insurance coverage …

administrator of the Iowa consumer credit code finds that a creditor subject to Iowa Code section 537.3208 is in compliance with Iowa Code section 537.3208 if the creditor uses a notice to cosigner which complies with any one of the following federal regulations: Reg. AA, 12 CFR …

16.1(1) If a lender commits itself to a line of consumer credit up to an amount in excess of the amount specified in Iowa Code section 537.1301(14)“a”(5), the credit transaction is not subject to Iowa Code chapter 537 whether or not the amount actually advanced at any one time is…

assistance coordinator on the recommendation of the Iowa Mediation Service, Inc. These rules will apply to and implement all mediation proceedings undertaken pursuant to Iowa Code chapters 654A and 654B unless otherwise noted. These rules do not apply to any other mediation proce…

17.10(1) Request for mediation. A borrower who owns agricultural property, a creditor of that borrower, a farm resident, or other party with a dispute with a farm resident may request mediation by applying to the mediation service on forms made available for voluntary mediation b…

17.11(1) Assignment of mediator. The assignment of mediators shall be made by the director of the mediation service. The director of the mediation service may substitute the assigned mediator. 17.11(2) Removal upon request. During the mediation period, upon the written request of…