Iowa Administrative Code

3.3(1) Location. A request for access to a record should be directed to the ombudsman at the Office of Ombudsman, Ola Babcock Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319. The agency may also be reached at the following numbers: telephone (515)281-3592, 1-888-426…

Under Iowa Code section 22.7 or 2C.8 or other applicable provisions of law, the custodian may disclose certain confidential records to one or more members of the public, or may be authorized or required to release specified confidential records in certain circumstances or to part…

The custodian may treat a record as a confidential record and withhold it from examination only to the extent that the custodian is authorized by Iowa Code section 22.7 or 2C.8, another applicable provision of law, or a court order to refuse to disclose that record to members of …

Except as otherwise provided by law, a person may file a request with the custodian to review and, in addition, to have a written statement of additions, dissents, or objections entered into a record containing personally identifiable information pertaining to that person. Howeve…

The agency shall notify persons completing agency forms of the use that will be made of personal information, which persons outside the agency might routinely be provided this information, which parts of the requested information are required and which are optional, and the conse…

3.8(1) The subject of a confidential record may file a written request to review confidential records about the person who is the subject of a confidential file, as provided in rule 141—3.6(2C,22). All information in case files, including the identity of a person providing the in…

To the extent 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 t…

4.1(1) Procedure exempt from Iowa Code chapter 17A. Pursuant to Iowa Code section 2C.9(6), the promulgation of rules relating to the organization, operation, and procedures of the office of ombudsman is exempt from the provisions of Iowa Code chapter 17A, the Iowa Administrative …

4.2(1) Time of adoption. The agency may adopt a rule at any time. 4.2(2) Manner of adoption. The agency is exempt from the procedural requirements for rule making in Iowa Code section 17A.4. The agency shall file each rule the agency adopted with the administrative code editor, w…

4.3(1) Contents. Each rule adopted by the agency shall contain the text of the rule and, in addition: a. The date the agency adopted the rule. b. A reference to the specific statutory or other authority authorizing adoption of the rule; and c. The effective date of the rule. 4.3(…

1.1(1) Organization. a. Commission. The Iowa civil rights commission is a seven-member body. Members are appointed by the governor pursuant to Iowa Code section 216.3. b. Location. The Iowa civil rights commission, hereinafter referred to as “commission,” is located on the First …

Forms commonly used by the commission are generally available through the commission’s Web site or by telephoning the commission staff. 1.5(1) “Charge of Discrimination,” EEOC 5c, for a complaint alleging a discriminatory or unfair practice or act in all jurisdictional areas exce…

1.6(1) Statement of purpose. It is the purpose of the commission, in adopting these rules to promote the efficient enforcement of the Act. To this end, the commission will use referral and deferral agreements to encourage agencies with similar powers and jurisdiction to: a. Devel…

The commission’s purpose in adopting these rules is to provide guidelines on what actions or activities may produce a discriminatory impact in public accommodations.

No person shall be discriminated against on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability by any public accommodation by: 10.2(1) Providing any disposition, service, financial aid, or benefit to an individual wh…

As used in this chapter: “Agency” means the Iowa civil rights commission. “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…

This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 161—11.1(17A,22,216). Unless otherwise stated, the authority for this office to…

This rule describes groups of records maintained by the agency other than record systems as defined in rule 161—11.1(17A,22,216). The records listed may contain information about individuals. Unless otherwise designated, the authority for this office to maintain the record is pro…

The data processing systems used by the agency compare personally identifiable information in one record system with personally identifiable information in another record system.

If any provision of commission rules shall be held invalid, the remainder of the rules shall not be affected thereby. The invalidity of any of the rules with respect to a particular person or under particular circumstances shall not affect their application to other persons or di…

Copies of commission rules shall be available to the public on request.

2.1(1) Wherever “Act” is used in rules of the commission it shall mean the Iowa Civil Rights Act of 1965, as amended (Iowa Code chapter 216). 2.1(2) Unless indicated otherwise, the terms “court,” “person,” “employment agency,” “labor organization,” “employer,” “employee,” “unfair…

2506.26(2) When the commission does not preside over receiving evidence, the presiding officer will issue a proposed decision. The proposed decision becomes the final decision of the commission without further proceedings unless there is an appeal of the proposed decision to the …

2506.27(1) Appeal by party. Any adversely affected party may appeal a proposed decision to the commission within 30 days after the decision is issued. 2506.27(2) Review. The commission may initiate review of a proposed decision on its own motion at any time within 30 days followi…

2506.29(1) When available. a. Any party may petition the commission to stay the effect of an order, or for other temporary remedies, pending review of the order by the commission. The petition must be filed with the notice of appeal and must state the reasons justifying a stay or…

3.1(1) Contents of complaint. Each complaint should contain the following: a. The full name, address, and phone number of the person making the charge; b. The full name and address of each respondent; c. A clear and concise statement of the facts constituting each alleged discrim…

Mediation is a free service offered by the agency. Mediation is available to all parties irrespective of representation by counsel. Mediation may encompass all issues in the case that could be investigated. If the parties agree to seek and obtain a global settlement not limited t…

3.14(1) Methods of filing. Any document, including a complaint of discrimination, may be filed by any one of the following methods: a. By in-person delivery to the agency office during set office hours. b. By regular or certified mail. c. By fax. For fax transmissions, the sender…

3.2(1) All alleged continuous violations that constitute a pattern or practice are timely if the most recent act occurred within 300 days of filing the complaint. 3.2(2) The 300-day filing period is subject to waiver, estoppel, and equitable tolling. Equitable tolling depends upo…

3.26(1) Questionnaire. After receipt of a complaint, the agency may mail to the parties written questionnaires. Complainant and respondent may provide responses in person, by mail or electronic mail. 3.26(2) Responses to the questionnaire. a. Questionnaire responses can include w…

Upon receipt of a submitted complaint form, the executive director or designee shall review the form to determine whether the agency has jurisdiction. A no jurisdiction determination constitutes a final agency action for purposes of judicial review. [ARC 8198C, IAB 8/21/24, effec…

3.32(1) After a tier one determination concludes further investigation is warranted, the complaint shall be referred to designated staff for further investigation of the allegations of illegal discrimination, known as a tier two investigation. 3.32(2) Staff shall review any docum…

Following the conclusion of a tier two investigation, staff may issue an investigative report that may include findings of fact and legal analysis. The report will result in one or more of the following: 1. An investigative closure, 2. A probable cause or no probable cause recomm…

The executive director or designee shall have the authority to issue protective orders in case files when necessary. [ARC 8198C, IAB 8/21/24, effective 9/25/24]

3.37(1) Application of rule. This rule applies to subpoenas served before a notice of contested case hearing pursuant to rule 161—4.2(17A). 3.37(2) Prior to notice of hearing. Subpoenas may be issued by the executive director or designee before a notice of a contested case hearin…

3.38(1) If a case file is sent to an administrative law judge for a probable cause or no probable cause determination, all parties will be notified of the outcome by written order. The agency will mail the order to all parties. 3.38(2) Where the administrative law judge rejects t…

3.39(1) If the administrative law judge makes a probable cause determination, a staff member shall be assigned to attempt resolution of the case through conciliation. All parties shall be notified of the time and date of any conciliation. 3.39(2) The agency will work with the com…

3.4(1) Amendment of complaint. a. Complaints or any part thereof may be amended by the complainant or agency prior to the contested case hearing. Complaints may be amended to include additional allegations discovered during investigation. The issues at the contested case hearing …

3.43(1) Issuance of right-to-sue letter. For a right-to-sue letter to be issued, the request must be submitted in writing by the complainant or the complainant’s attorney and include the corresponding state and federal case numbers. After a right-to-sue letter has been issued, th…

3.46(1) Withdrawal of complaint. A complainant may withdraw any part of a complaint prior to notice of a contested case hearing. After notice of a contested hearing, a complainant may only withdraw a complaint or any part of a complaint at the administrative law judge’s discretio…

3.47(1) Periodic evaluation of evidence. The executive director or designee may periodically review the complaint to determine whether further processing is warranted. When the periodic review occurs prior to the determination of probable cause, then the tier one standard in subr…

After jurisdiction is established, the agency will serve a copy of the complaint upon the respondent within 20 days by mail or electronic mail. In the absence of a response from the first named respondent within 90 days, the agency shall serve the complaint on the first-named res…

3.50(1) Request for reopening of case file within 30 days. a. Within 30 days following the notice of the conclusion of the investigation, a party can file an intra- agency appeal. The party shall state the reasons in writing for appeal and submit any additional documentation. b. …

3.56(1) Disclosure of the existence or contents of a case file is prohibited, except: a. Upon filing an appeal in district court of a final action, parties and their attorneys may access their case file. b. When a case has been set for a contested case hearing and notice has been…

3.57(1) Conflicts prohibited. The administrative law judge designated to issue a determination will not serve as administrative law judge in the contested case hearing for the same case file. 3.57(2) Injunctions. If the executive director determines that a complainant may be irre…

3.6(1) Duty to preserve. When a complaint has been served on a respondent, the respondent shall preserve all records relevant to the investigation until the complaint is finally adjudicated, including but not limited to: a. Any books, papers, documents, applications, forms, or re…

“Credit” means an amount or limit to the extent a person may receive goods, services or money for payment in the future, and includes but is not limited to, loans for any purpose and in any amount, checking accounts, charge accounts, mortgages and other home financing, credit car…