Iowa Administrative Code

for an authorized user unless other hours of operation are arranged by the user and the site. Sites shall, at a minimum, support access and facilities use Monday through Friday, 7 a.m. to 10:30 p.m., and Saturday, 8 a.m. to 4 p.m. For sites where the institution has used its own …

requesting authorized user is financially responsible for all commission-established site and site usage charges incurred for the use of the classroom.

Americans With Disabilities Act and the Iowa Civil Rights Act regarding access to and use of the video classroom or video conference room. The requesting authorized user of any service offered by the commission shall comply with the Americans With Disabilities Act and the Iowa Ci…

is permitted.

the purpose(s) or the expression of any person or entity by the commission or the state of Iowa or its employees or staff.

copyright laws and definitions of fair use. Appropriate use of copyrighted material is the responsibility of the user, and not the commission. This chapter is intended to implement Iowa Code section 8D.3. [Filed 3/21/97, Notice 1/15/97—published 4/9/97, effective 5/14/97] [Filed …

committees or groups established by Iowa Code chapter 8D or at the direction of the commission must meet at least twice annually. If any of these groups fail to meet and advise or provide recommendations to the commission, the commission may appoint new members to the advisory co…

members subject to approval by the commission. In the event the commission, through the recommendations of an advisory council, a committee or group, removes a member from an advisory council, a committee or group, the commission may replace that member immediately.

and groups at a minimum shall have the following duties: 15.3(1) Develop rules. Develop proposed rules for commission consideration regarding use of and access to the network. The commission may refuse to approve and adopt a proposed rule, and upon such refusal, shall return the …

IAB 3/11/20, effective 4/15/20.

4983C, IAB 3/11/20, effective 4/15/20. This chapter is intended to implement Iowa Code sections 8D.3, 8D.5, 8D.6, and 8D.7. [Filed 3/21/97, Notice 1/15/97—published 4/9/97, effective 5/14/97] [Filed ARC 0409C (Notice ARC 0269C, IAB 8/8/12), IAB 10/17/12, effective 11/21/12] [File…

waivers from rules adopted by the commission. The intent of this chapter is to allow persons to seek exceptions to the application of rules issued by the commission. This chapter shall not apply to rules that merely define the meaning of a statute or other provision of law or pre…

under Iowa Code chapter 17A. An appeal to district court shall be taken within 30 days of the issuance of the ruling in response to the request unless a contrary time is provided by rule or statute. [ARC 5828C, IAB 8/11/21, effective 9/15/21]

a waiver, the commission 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…

the granting of a waiver shall be made at the discretion of the commission upon consideration of all relevant factors. 16.2(1) Criteria for waiver. The commission may, in response to a completed petition, grant a waiver from a rule, in whole or in part, as applied to the circumst…

16.3(1) Application. All petitions for waiver must be submitted in writing to the ICN main office location as listed in 751—subrule 1.6(1). If the petition relates to a pending contested case, a copy of the petition shall also be filed in the contested case proceeding. 16.3(2) Co…

commission shall 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 commission may give not…

16.5(1) Additional information. Prior to issuing an order granting or denying a waiver, the commission 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 commission …

“e,” the commission shall maintain a record of all orders granting or denying waivers under this chapter. All final rulings in response to requests for waivers shall be indexed and available to members of the public at the ICN main office location as listed in 751—subrule 1.6(1).…

chapter may be withdrawn, canceled, modified, declared void or revoked if, after appropriate notice and hearing, the commission 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 materia…

violation of the particular rule for which the waiver is granted and is subject to the same remedies or penalties. [ARC 5828C, IAB 8/11/21, effective 9/15/21]

a defense 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. [ARC 5828C, IAB 8/11/21, effective 9/15/21]

the content of transmissions on the network. From time to time, it may be necessary to monitor transmissions on the network to effect trouble isolation and correction. This type of monitoring will be kept to an absolute minimum and used only to efficiently and effectively manage …

and obligations imposed upon the commission by Iowa Code sections 8D.1, 8D.2(6), 8D.3 and 8D.13, the commission’s areas of responsibility include but are not necessarily limited to the following: 17.2(1) Management of the network for state communications; 17.2(2) Telephone servic…

17.3(1) The commission may dispose of its property under its ownership or control when it becomes unnecessary or unfit for further use by the commission. The commission may dispose of unnecessary or unfit property under its control by sale, auction, broker, trade, consignment or …

or other arrangements in order to maximize income for the network. The following agreements are specifically permitted by this rule: 17.4(1) Agreements to use space in the fiberoptic termination site rooms in a manner consistent with law. 17.4(2) Agreement to use the rights-of-wa…

maintenance contractor or Iowa public television personnel or network staff. Any other request for a test of the network must be made through commission staff.

17.6(1) Pursuant to an agreement between the commission and an authorized user, the commission may provide billing services on behalf of the authorized user and charge another entity that receives services from the authorized user pursuant to the network if all of the following c…

18.10(2) This subrule is not adopted. [ARC 8924C, IAB 2/19/25, effective 3/26/25]

18.11(1) General. In lieu of the words “(specify the office and address)”, insert “ICN Executive Director, 400 East 14th Street, Des Moines, Iowa 50319-9000”. [ARC 8924C, IAB 2/19/25, effective 3/26/25]

18.13(2) Contents. In lieu of the words “(agency head)”, insert “executive director”. [ARC 8924C, IAB 2/19/25, effective 3/26/25] These rules are intended to implement Iowa Code chapters 8D and 17A. [Filed 4/30/99, Notice 3/24/99—published 5/19/99, effective 6/23/99] [Filed 12/1/…

18.3(2) Anticipated rulemaking. In lieu of the words “(commission, board, council, director)”, insert “executive director”. [ARC 8924C, IAB 2/19/25, effective 3/26/25]

18.4(3) Copies of notices. In lieu of the words “(specify time period)”, insert “six months”. [ARC 8924C, IAB 2/19/25, effective 3/26/25]

18.5(1) Written comments. In lieu of the words “(identify office and address)”, insert “ICN Executive Director, 400 East 14th Street, Des Moines, Iowa 50319-9000”. 18.5(5) Accessibility. In lieu of the words “(designate office and telephone number)”, insert “ICN executive directo…

18.6(2) Mailing list. In lieu of the words “(designate office)”, insert “ICN executive director”. [ARC 8924C, IAB 2/19/25, effective 3/26/25]

2.1(1) This chapter implements Iowa Code section 22.11 by establishing commission 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 commission determinations with r…

2.10(1) Defined. “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 recor…

2.11(1) Consent to disclosure by a subject individual. To the extent permitted by law, the subject may consent in writing to commission disclosure of confidential records as provided in rule 751—2.7(17A,22). 2.11(2) Complaints to public officials. A letter from a subject of a con…

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 751—2.6(17A,22). However, the commission need not release the following records to the subject: a. The identity of a person providing infor…

2.13(1) General. Commission records are open for public inspection and copying unless otherwise provided by rule or law. 2.13(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for wi…

personally identifiable information which is collected, maintained, and retrieved by the commission by personal identifier in record systems as defined in rule 751—2.2(17A,22). For each record system, this rule describes the legal authority for the collection of that information …

commission other than record systems as defined in rule 751—2.2(17A,22). These records are routinely available to the public. However, the commission’s files of these records may contain confidential information designated as confidential by the originator of the records in confo…

“Commission” means the Iowa telecommunications and technology 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…

2.3(1) Location of record. A request for access to a record should be directed to the executive director or the particular commission 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 executive direc…

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…

from 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 …

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, t…

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 …

supply information about that person, the commission shall notify the person of the use that will be made of the information, which persons outside the commission might routinely be provided this information, which parts of the requested information are required and which are opt…

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 may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur without …