Iowa Administrative Code

“Has a record of such an impairment” means having a history of, or being misclassified as having, a mental or physical impairment that substantially limits a major life activity. “Major life activities” includes but is not limited to caring for oneself, manual tasks, walking, see…

8.11(1) Employers shall accommodate the known physical or mental limitations of qualified disabled applicants or employees, unless doing so would result in an undue hardship. Employers cannot deny employment opportunities to qualified disabled employees or applicants due to their…

8.12(1) If examinations or assessments are required, they should be designed to determine whether an applicant: a. Has the ability to perform the duties of the position. b. Is qualified to do the work without adverse consequences such as creating a danger to the life or health of…

When an individual becomes disabled during employment, the employer shall provide reasonable accommodations pursuant to rule 161—8.11(216). [ARC 8199C, IAB 8/21/24, effective 9/25/24] 161—8.14 to 8.24 Reserved.

8.2(1) An employer, employment agency, or labor organization may take action otherwise prohibited under commission rules where the protected basis is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. 8.2(2) Bona fide o…

8.25(1) An employer shall not be required to: a. Hire back an employee following retirement; or b. Hire an applicant for employment whose age is the retirement age under the employer’s retirement plan or benefit system provided that the plan or system is not a mere subterfuge for…

8.3(1) Preemployment inquiries into an applicant’s membership in a protected class are not prohibited so far as necessary to determine an applicant’s bona fide occupational qualification for the position. The burden to show the existence of a bona fide occupational qualification …

Form 1 Request for Assistance Animal as a Reasonable Accommodation in Housing: Health Care Professional Form Requester’s Name: __________________________________________________________________ Address: __________________________________________________________________________ Te…

9.1(1) Limitation of chapter. All the rules contained herein apply only to: a. Complaints which allege a violation of the prohibitions contained in Iowa Code section 216.8 or 216.8A; b. Complaints which allege a violation of Iowa Code section 216.11 or 216.11A arising out of alle…

9.10(1) Availability; procedures for requests. The commission may serve upon any party a written request for the admission, for purposes of all proceedings relating to the pending complaint only, of the truth of any matters within the scope of rule 161—9.7(216) set forth in the r…

Any matter admitted under rule 161—9.10(216) is conclusively established in all proceedings relating to the pending complaint unless the court or contested case administrative law judge on motion permits withdrawal or amendment of the admission. The court or contested case admini…

The commission may serve on any party a request: 9.12(1) To produce and permit the commission, or someone acting on the commission’s behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, and other data compilations from w…

The request shall set forth the items to be inspected either by individual item or by category and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related act…

When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the presiding officer for discovery may order the party to submit to a physical or mental examination by a health …

9.15(1) If requested by the party against whom an order is made under rule 161—9.14(216) or the person examined, the commission shall deliver a copy of the examiner’s detailed written report setting out the findings, including results of all tests made, diagnosis and conclusions,…

9.16(1) Motion for order compelling discovery. The commission, upon reasonable notice to the party from whom discovery was sought and all persons affected thereby, may move for an order compelling discovery as follows: a. Appropriate officer. A motion to compel discovery shall be…

9.17(1) When depositions may be taken. The commission may take a deposition in an investigation of a complaint of housing discrimination at any time during the pendency of that investigation. 9.17(2) Recording. The administrative law judge charged with the duty of determining pro…

9.18(1) Whenever the commission desires to take the deposition of any person upon oral examination, the commission shall give reasonable notice in writing to the deponent and any party who is to be deposed. The notice shall state the time and place for taking the deposition and t…

9.19(1) Examination; recording examination; administering the oath; objections. Examination of witnesses by the commission may proceed as permitted at the hearing. The commission investigator or other officer before whom the deposition is to be taken shall put the witness under o…

As used in this chapter, the following definitions shall apply: “Party” means any complainants and respondents involved in the complaint of discrimination under investigation. “Presiding officer for discovery” means an administrative law judge employed by the department of inspec…

9.20(1) Where reading or signing not required. No oral deposition reported and transcribed by an official court reporter or certified shorthand reporter of Iowa need be submitted to, read or signed by the deponent. 9.20(2) Submission to witness; changes; signing. In other cases, …

9.21(1) When the deposition is transcribed, the investigator or other officer shall certify on the deposition that the witness was duly sworn and that the deposition is a true record of the testimony given by the witness. Documents and things produced for inspection during the de…

The officer taking the deposition shall not be a party, a person financially interested in the action, an attorney or employee of any party, an employee of any such attorney, or any person related within the fourth degree of consanguinity or affinity to a party, a party’s attorne…

9.23(1) The commission may issue subpoenas for persons named in and described in a notice to take depositions under rule 161—9.18(216). Subpoenas may also be issued as provided by statute or by rule 161—3.14(216). 9.23(2) No resident of Iowa shall be subpoenaed to attend a deposi…

Costs of taking and proceeding to procure a deposition shall be paid by the commission.

9.25(1) Notice. All objections to any notice of taking any depositions are waived unless promptly served in writing upon the commission. 9.25(2) Officer. Objection to the commission investigator or other officer’s qualification to take a deposition is waived unless made before su…

Service of documents pertaining to discovery procedures described in this chapter, other than subpoenas, may be accomplished by the same means as in rule 161—4.6(17A).

Appeals from an imposition of sanctions by the presiding officer for discovery under rule 161—9.16(216) are filed and processed in the same manner as appeals under rule 161—4.23(17A). Appeals from other decisions rendered by the presiding officer for discovery are filed and proce…

At all discovery hearings, motions, and appeals, including those proceedings before the presiding officer for discovery, the commission may be represented by a member of the attorney general’s office. These rules are intended to implement Iowa Code sections 216.5(13), 216.8 and 2…

“Aggrieved person.” As used in the Iowa civil rights Act provisions relating to discrimination in housing, the term “aggrieved person” includes any person who claims to have been injured by a discriminatory housing practice, or any person who believes that that person will be inj…

9.4(1) Time limitation of rule. This rule applies only to alleged discriminatory housing or real estate practices occurring after July 1, 1991. 9.4(2) Aggrieved person’s direct action in district court. a. Filing of complaint not necessary. A complaint which alleges either (1) a …

9.5(1) Time limitation of rule. This rule applies only to alleged discriminatory housing or real estate practices occurring after July 1, 1991. 9.5(2) Time limit for administrative complaint. A complaint which alleges a discriminatory housing or real estate practice is governed b…

9.6(1) When investigating a complaint of alleged discriminatory housing or real estate practices, the commission may, in addition to any other method of investigation authorized by law, obtain discovery by one or more of the following methods: depositions upon oral examination or…

Unless otherwise limited by order of the presiding officer for discovery in accordance with these rules, the scope of discovery is as follows: 9.7(1) In general. The commission may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter invo…

9.8(1) Upon motion by a party or by the person from whom discovery is sought or by any person who may be affected thereby, and for good cause shown, the presiding officer for discovery: a. May make any order which justice requires to protect a party or other person from annoyance…

9.9(1) Availability; procedures for use. The commission may serve written interrogatories to be answered by a party or, if the party from whom the information is sought is a public or private corporation or a partnership or association or governmental agency, by any officer or ag…

This chapter describes the organization and operation of the department of insurance and financial services (department). [ARC 7728C, IAB 3/20/24, effective 4/24/24]

The rules for the department are promulgated under Iowa Code chapters 17A and 546 and shall apply to all matters before the department. No rule shall, in any way, relieve a person affected by or subject to these rules or any person affected by or subject to the rules promulgated …

The department administers and coordinates the various regulatory, service, and licensing functions of the state relating to the conducting of business or commerce in the state. The department consists of the following divisions: banking, credit union, and insurance. 1.3(1) Banki…

“Administrator” means the commissioner of insurance, the superintendent of banking, or the superintendent of credit unions. “Commissioner of insurance” means the same as defined in Iowa Code section 505.2. “Department” means the department of insurance and financial services. “Pe…

Correspondence and communications with the department shall be addressed or directed to the department’s director. The department director is the commissioner of insurance. The department’s website is iowa.gov/difs. [ARC 7728C, IAB 3/20/24, effective 4/24/24]

Unless otherwise specified by the department or the rules of its various divisions, each division is the principal custodian of its own divisional orders, statements of law or policy issued by the respective divisions, legal documents and other public documents on file with the d…

1.7(1) Rulemaking. Each division administrator has the authority to promulgate rules pursuant to Iowa Code chapter 17A to implement the duties of the division. Such rules are not subject to review by the department director. All applicable rules previously promulgated by the divi…

Iowa Code section 527.3 authorizes the administrator to issue rules applicable to financial institutions regarding the operation or control of a satellite terminal or pertaining to a financial transaction engaged in through a satellite terminal. Iowa Code section 527.11 empowers …

For the purpose of these rules, the following terms shall have the meaning indicated in this chapter. The definitions set out in Iowa Code section 527.2 shall be considered to be incorporated verbatim in these rules. “Cardholder” means a person who has received an access device f…

10.3(1) Approval required. A central routing unit shall not be operated in the state of Iowa unless written approval for that operation has been obtained from the administrators. 10.3(2) Application requirements. A person desiring to operate a central routing unit shall submit to…

10.4(1) Performance examinations. A central routing unit shall be subject to examination by the administrators for the purpose of determining compliance with Iowa Code chapter 527. Such an examination may be conducted after the central routing unit is operating under the approval…