Iowa Administrative Code

17.12(1) Notice of denial of mediation release. If the mediator determines that a mediation release should not be issued because the creditor, party seeking to initiate a civil proceeding against a farm resident or the DNR has not participated in a mediation meeting, the mediator…

the coordinator, general rules of conduct to govern the proceedings at mediation meetings which shall, in part, define the process and goals of mediation. The guidelines shall be available at cost from the mediation service. The rules of conduct are incorporated by reference into…

request for mediation with the Iowa Mediation Service, Inc., at 315 East 5th Street, Suite 4, Des Moines, Iowa 50309. An affected landowner may file a request for mediation at the same address within 60 days of the date of the notice of the designation of protected wetlands.

17.15(1) Farmer/creditor. The request for farmer/creditor mediation shall contain the following information: the name of the creditor and a person designated as the creditor’s representative for service, the address and telephone number of the creditor and the creditor’s represen…

for mediation may cause the initiation of the mandatory mediation time period to be delayed until complete information is furnished. If the director determines that the mediation time period shall be delayed, the director shall immediately notify the party failing to furnish comp…

against the farm borrower by the automatic stay provision of 11 U.S.C. Section 362, the director shall terminate the mediation proceeding, subject to reopening without filing a new request for mediation, in the event the automatic stay is lifted. The 42-day mediation period shall…

17.18(1) Farmer/creditor. Upon receipt of the mediation request, the mediation service shall, within three working days, send by regular mail notice to the borrower of the creditor’s request for mediation. The notice of the request for mediation shall include the name of the cred…

respond to the notice of the request for mediation within ten days of receipt of the notice, the mediation service shall, if possible, contact the farm borrower, farm resident or other party by telephone or by registered or certified mail, to advise of the request for mediation.

“Affected landowner” means a landowner who has received notice of a preliminary wetlands designation from the Iowa department of natural resources. “Director” means the director of the mediation service or the designee of the director. “DNR” means the Iowa department of natural r…

respond to the request for mediation within 21 days of the receipt of the request for mediation shall be deemed to have waived mediation.

service shall notify, by regular mail, the creditor, farm resident or other party who made the request for mediation that there has been an automatic waiver. The mediation service shall issue a release to the initiating creditor, farm resident or other party requesting mediation …

extension service. The mediation service shall, at the time notice is given of the request for mediation, advise farm borrowers, farm residents, and affected landowners of the possible availability of legal services to qualifying persons under Iowa Code section 13.23. The notice …

be provided on a timely basis, the farm borrower or the Legal Services Corporation on behalf of the farm borrower, farm resident or affected landowner or the ASSIST program on the farm borrower’s behalf, may file a written request for an extension of time in which to obtain these…

for mediation, the mediation service shall send a mediation meeting notice to the creditor, farm borrower, all other creditors listed by the farm borrower, the farm resident, other party, affected landowner and the DNR as applicable. The notice of the initial mediation meeting sh…

request that the time frames for mediation be expedited. The written request shall be served on all other parties to the mediation by certified mail. Upon receipt of the written request, the director shall notify all other parties to the mediation meeting of the request and provi…

days of the issuance of the notice of the initial mediation meeting. The initial mediation meeting may be held beyond the 21-day period only with the consent of all the parties to the mediation.

17.27(1) Farmer/creditor. After the commencement of the mediation proceedings, the mediation service may cancel the proceedings upon any of the following grounds: a. The receipt of notice from the creditor requesting mediation that the default has been cured; b. The receipt of no…

subsequent meetings, the mediator shall perform the following duties: 1. Listen to all parties; 2. Mediate between all parties; 3. Encourage compromise and workable solutions; 4. Advise, counsel and assist the parties in attempting to arrive at an agreement for the future conduct…

17.29(1) Meetings. The mediation service or the assigned mediator shall schedule the mediation meetings at a neutral and convenient place and at a time as convenient as possible for the parties including nights and weekends, if necessary. 17.29(2) Mediation period conclusion. The…

provided pursuant to a contract with the farm assistance program coordinator.

the mediation meeting, the mediator shall draft a written statement summarizing what the parties have agreed to perform. Before the completion of the meeting the mediator and the parties shall review the specific terms of the written statement. The mediator shall utilize the assi…

review the tentative agreement to be certain that it reflects their understanding of the agreement reached in the mediation session. The mediator may assist the parties in evaluating the potential implementation of the agreement. The mediator shall also encourage each party to ha…

approved, the mediator shall formalize the mediation agreement by affixing the mediator’s signature and obtaining the parties’ signatures to the Mediation Agreement form. The original mediation agreement shall be retained by the mediation service and each party shall be given a c…

1. A mediation agreement; 2. A statement of waiver of mediation executed by the farm borrower, farm resident or affected landowner; 3. A notice to creditors that the farm borrower, farm resident or other party has failed to provide the required information to the mediation servic…

other party or DNR fails to participate in at least one mediation meeting. The mediator shall issue a mediation release if the borrower waives or fails to participate in at least one mediation meeting, if the farm resident waives or fails to participate in at least one mediation …

limited to, the following: 17.4(1) Training. The mediation service shall provide training in mediation techniques to all mediators utilized by the mediation service. This training shall include at least 32 hours of initial training on the mediation process, mediation skills and a…

Iowa Code section 4.1(34).

and $100 per hour for the creditor in farmer/creditor mediations. The hourly mediation fee may be waived for any party demonstrating financial hardship upon application to the farm mediation service. Payment shall be made at the conclusion of the mediation meeting by cash, check …

attorney general to serve as the farm assistance program coordinator under the supervision of the attorney general. The farm assistance program coordinator shall monitor compliance by the mediation service with these rules and the terms of the contract and may terminate the contr…

consultation for purposes of preparing a party for the mediation proceedings. This consultation may be in person or by telephone. The consultation shall include educating the parties regarding the mediation process and the need for the party to develop proposals prior to the actu…

may make available for an hourly fee personnel to assist parties in the preparation for mediation. The preparation may be done by mediators of the mediation service, but in no case shall a person available through the mediation service who assists in preparation for any party act…

File 585, sections 5 and 6, the administrator of the consumer credit code finds that consumer rental purchase agreements must be substantially in the form of the model agreement contained in this rule. The “Rental Purchase Disclosures” numbered 1 to 5 and the “Notice to Lessee” m…

“Agency” means the attorney general. “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 contained in records …

2.10(1) “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 records law, I…

2.11(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 2.7(17A,22). 2.11(2) Complaints to public officials. A letter from a subject of a confidentia…

2.12(1) The subject of a confidential record may file a written request to review confidential records about that person as provided in rule 2.6(17A,22). However, the agency need not release the following records to the subject: a. The identity of a person providing information t…

2.13(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law. Because this office primarily serves as an attorney for the state, many of its records are privileged. This office advises most state agencies. As a result, this o…

personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 2.2(17A,22). Unless otherwise stated, the authority for this office to maintain the record is provided by Iowa Code chapter …

agency other than record systems as defined in rule 2.1(17A,22). The records listed may contain information about individuals. Unless otherwise designated, the authority for this office to maintain the record is provided by Iowa Code chapter 13, the statutes governing the subject…

compare personally identifiable information in one record system with personally identifiable information in another record system.

2.17(1) Scope. This chapter does not: a. Require the agency to index or retrieve records which contain information about individuals by that person’s name or other personal identifier. b. Make available to the general public records which would otherwise not be available under th…

agency policies and procedures for the maintenance of records. The purpose of this chapter is to facilitate public access to open records. It also seeks to facilitate sound agency determinations with respect to the handling of confidential records and the implementation of the fa…

2.3(1) Location of record. A request for access to a record should be directed to the attorney general or the particular agency office where the record is kept. If the location of the record is not known by the requester, the request shall be directed to the Attorney General, 130…

provisions of law, the lawful custodian may disclose certain confidential records to one or more members of the public. Other provisions of law authorize or require the custodian to release specified confidential records under certain circumstances or to particular persons. In re…

examination. 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, another applicable provision of law, or a court order, to refuse to disclose that record to membe…

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

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 record or …

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 consequences of a failure to provide the information re…

2.9(1) Open records are routinely disclosed without the consent of the subject. 2.9(2) To the extent allowed by law, disclosure of confidential records or exempt records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will genera…

associated with consumer credit transactions. Pursuant to rule-making authority under Iowa Code section 537.6117, the administrator of the Iowa Consumer Credit Code finds that noncredit property insurance may be sold to consumers as directed by the requirements of this chapter.