Iowa Administrative Code

5.13(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law. 5.13(2) Confidential records. The following records may be witheld from public inspection. Records are listed by category, according to the legal basis for withhol…

personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 5.1(17A,22). All records described in this rule are public records. For each record system, this rule describes the legal au…

families and dependents, and applicants for positions with the agency. The files include payroll records, biographical information, medical information relating to disability, performance reviews and evaluations, disciplinary information required for tax withholding, information …

than record systems as defined in rule 5.14(17A,22). These records are routinely available to the public except records maintained pursuant to Iowa Code chapter 172C. However, the agency’s files of these records may contain confidential information as discussed in rule 5.13(17A,2…

5.3(1) Location of record. In lieu of the words “(insert agency head)”, insert “secretary of state”. In lieu of the words “(insert agency name and address)”, insert “the Secretary of State, Statehouse, Des Moines, Iowa 50319”. 5.3(2) Office hours. In lieu of the words “(insert cu…

records. In lieu of the words “(designate office)”, insert “the Secretary of State, Statehouse, Des Moines, Iowa 50319”.

5.9(1) Open records are routinely disclosed without the consent of the subject. 5.9(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur without …

given them. “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant. “Applicant” means an adult, a parent or guardian acting on behalf of an eligible minor, or a guard…

the administration of the safe at home program in accordance with Iowa Code section 9E.4. This rule describes the manner and process for cancellation of certification to the program. 6.2(1) Warning by the secretary. a. The secretary must contact the program participant to request…

at home program in accordance with Iowa Code section 9E.3(3). This rule describes the manner and process for renewal of program participant certification and for recertification. 6.3(1) Renewal notification. At least 30 days before the expiration of a program participant’s certif…

facilitates the administration of the safe at home program in accordance with Iowa Code section 9E.6(1). This rule describes the manner and process for canceling a program participant’s voter registration in the statewide voter registration database. 6.4(1) Voluntary cancellation…

of the safe at home program in accordance with Iowa Code section 9E.6(1). This rule describes the manner and process for program participant change of voter registration through the program. 6.5(1) Change of address within the county of the preregistered address. If the program p…

administration of the safe at home program in accordance with Iowa Code section 9E.6(2). This rule describes the manner and process for program participant cancellation of absentee ballot voting through the program. 6.6(1) Voluntary cancellation of voter registration. The secreta…

adopted by the agency are subject to the provisions of Iowa Code chapter 17A, the Iowa administrative procedure Act, and the provisions of this chapter.

7.10(1) Omission of notice and comment. To the extent the agency for good cause finds that public notice and participation are unnecessary, impracticable, or contrary to the public interest in the process of adopting a particular rule, the agency may adopt that rule without publi…

7.11(1) General. When requested by a person, either prior to the adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the agency shall issue a concise statement of reasons for the rule. Requests for such a statement mu…

7.12(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 brief explanation of the principal reasons for the rule-making action if such reasons are required by 1998 Iowa Acts, chapter 1202,…

7.13(1) Requirement. The agency shall maintain an official rule-making record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of Intended Action, or adopts. The rule-making record and materials incorporated by reference must be available f…

rules coordinator. The filing must be executed as soon after adoption of the rule as is practicable. At the time of filing, each rule must have attached to it any fiscal impact statement and any concise statement of reasons that was issued with respect to that rule. If a fiscal i…

7.15(1) Grounds. The agency may make a rule effective after its filing at any stated time prior to 35 days after its indexing and publication in the Iowa Administrative Bulletin if it finds that a statute so provides, the rule confers a benefit or removes a restriction on some se…

7.16(1) Compilation, indexing, public inspection. The agency shall maintain an official, current, and dated compilation that is indexed by subject, containing all of its general statements of policy within the scope of Iowa Code section 17A.2(10)“a,” “c,” “f,” “g,” “h,” “k.” Each…

7.17(1) Any interested person, association, agency, or political subdivision may submit a written request to the administrative rules coordinator requesting the agency to conduct a formal review of a specified rule. Upon approval of that request by the administrative rules coordi…

information by other methods, the agency may, before publication of a Notice of Intended Action under Iowa Code section 17A.4(1)“a,” solicit comments from the public on a subject matter of possible rule making by the agency by causing notice to be published in the Iowa Administra…

docket. The rule-making docket shall list each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced, by publication in the Iowa Administrative Bulletin of a Notice of Intended Action pursuant to Iowa Code section 17A.4(1)“a,” to the ti…

7.4(1) Contents. At least 35 days before the adoption of a rule, the agency shall cause Notice of Intended Action to be published in the Iowa Administrative Bulletin. The Notice of Intended Action shall include: a. A brief explanation of the purpose of the proposed rule; b. The s…

7.5(1) Written comments. For at least 20 days after publication of the Notice of Intended Action, persons may submit argument, data, and views, in writing, on the proposed rule. Such written submissions should identify the proposed rule to which they relate and should be submitte…

7.6(1) Definition of small business. A “small business” is defined in 1998 Iowa Acts, chapter 1202, section 10(7). 7.6(2) Mailing list. Small businesses or organizations of small businesses may be registered on the agency’s small business impact list by making a written applicati…

7.7(1) A proposed rule that mandates additional combined expenditures exceeding $100,000 by all affected political subdivisions or agencies and entities which contract with political subdivisions to provide services must be accompanied by a fiscal impact statement outlining the c…

7.8(1) Time of adoption. The agency shall not adopt a rule until the period for making written submissions and oral presentations has expired. Within 180 days after the later of the publication of the Notice of Intended Action, or the end of oral proceedings thereon, the agency s…

7.9(1) The agency shall not adopt a rule that differs from the rule proposed in the Notice of Intended Action on which the rule is based unless: a. The differences are within the scope of the subject matter announced in the Notice of Intended Action and are in character with the …

the secretary of state at the Secretary of State’s Office, First Floor, State Capitol Building, Des Moines, Iowa 50319, or the Secretary of State’s Office, Lucas State Office Building, Des Moines, Iowa 50319. A petition is deemed filed when it is received in either office. The ag…

petition. The agency may request a brief from the petitioner or from any other person concerning the substance of the petition.

Deputy Secretary of State, Lucas State Office Building, Des Moines, Iowa 50319.

8.4(1) Within 30 days after the filing of a petition, the agency must submit the petition, any accompanying brief, and the disposition of the petition to the administrative rules coordinator and to the administrative rules review committee. Upon request by petitioner in the petit…

for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the secretary at the Secretary of State’s Office, First Floor, State Capitol Building, Des Moines, Iowa 50319, or the Secretary of State’s Of…

declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion. A declaratory order is effe…

order shall be mailed promptly to the original petitioner and all intervenors.

as a final order issued in a contested case proceeding. It is binding on the secretary of state’s office, the petitioner, and any intervenors who consent to be bound and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from t…

secretary of state’s office shall give notice of the petition to all persons not served by the petitioner pursuant to 9.6(17A) to whom notice is required by any provision of law. The office may also give notice to any other persons.

9.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 20 days of the filing of a petition for declaratory order shall be allowed to intervene in a proceeding for a declaratory order. 9.3(2) Any person who…

The secretary of state’s office may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.

to the Deputy Secretary of State, Lucas State Office Building, Des Moines, Iowa 50319.

9.6(1) When service required. Except where otherwise provided by law, every petition for declaratory order, petition for intervention, brief, or other paper filed in a proceeding for a declaratory order shall be served upon each of the parties of record to the proceeding, and on …

brief and informal meeting between the original petitioner, all intervenors, and the secretary or a member of the secretary’s staff to discuss the questions raised. The secretary of state’s office may solicit comments from any person on the questions raised. Also, comments on the…

9.8(1) Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a petition for a declaratory order, the secretary or designee shall take action on the petition as required by 1998 Iowa Acts, chapter 1202, section 13(5). 9.8(2) The date of issuance …

9.9(1) The secretary shall not issue a declaratory order where prohibited by 1998 Iowa Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory order on some or all questions raised for the following reasons: 1. The petition does not substantially comply with the …

consists of 11 members: 9 producers, one elected from each of the official crop reporting districts formed by the United States Department of Agriculture, and the dean of the College of Agriculture of Iowa State University of Science and Technology or the dean’s representative an…

chairperson, vice-chairperson, secretary, and treasurer. Each office shall be elected by a vote of the board. Terms of office shall commence July 1 of each year and end June 30 of the following year: provided, however, that an officer shall continue to serve until a successor is …

The chairperson shall serve as chairperson of the executive committee. The executive committee shall: 1.3(1) To the extent permitted by law, supervise the general operation of the board. 1.3(2) Prepare agendas for board meetings. 1.3(3) Act as the audit committee by supervising t…

in the completion of its duties.