Iowa Administrative Code

bids or proposals. The commission may reject bids and proposals because of faulty specifications, abandonment of the project, insufficient funds, evidence of unfair or flawed bidding procedures, failure of a vendor to meet the commission’s requirements, insufficient evidence of a…

organizational structure, to identify key personnel and to submit personnel to criminal history checks and background investigations. Any changes in key personnel during the bidding process or during the contract term must be reported to the commission before the change occurs.

aggrieved by the commission’s notice of intent to award may appeal the decision by filing a written notice of appeal before the Iowa telecommunications and technology commission, within five days of the date of the notice of intent to award, exclusive of Saturdays, Sundays, and l…

and shall be conducted in accordance with 751 IAC 4, unless the provisions of this rule provide otherwise. 5.18(1) Hearing. Upon receipt of a notice of vendor appeal, the commission shall contact the department of inspections and appeals to arrange for a hearing. The department o…

5.19(1) The proposed decision shall become the final decision of the commission 15 days after mailing of the proposed decision, unless prior to that time a party submits an appeal from, or a commission member requests a review of the proposed decision. 5.19(2) A party appealing t…

obtain bids or proposals by one of the following methods. If more than one method is applicable to the purchase of a particular item, the commission shall choose the method of bidding to be utilized. For any method used, the commission may provide notice of the solicitation elect…

5.20(1) Membership. The commission may join a purchasing cooperative or consortium composed of public or private entities, or both, for the purpose of reducing overall telecommunications business costs for the commission and its authorized users. 5.20(2) Prior to joining a purcha…

may be obtained by the commission through the department of administrative services whenever procurement through administrative services is appropriate and in the best interests of the commission. Items procured through administrative services may be obtained by administrative se…

5.4(1) The commission shall post solicitations of formal bids or requests on the commission’s Internet web page. 5.4(2) The commission expressly adopts 11 IAC 105.7(1) and shall enforce the notice requirements and consequences for insufficient notice contained therein. 5.4(3) All…

items, groups of items, or services. Contract purchase agreements are subject to the competitive bidding requirements previously outlined where applicable. The commission may also purchase items from other contracts obtained by other governmental entities if the law or the contra…

purchases of off-the-shelf items, the commission may establish blanket purchase agreements. A blanket purchase agreement is a formally approved charge account that is designed to reduce paperwork and the number of checks issued. Blanket purchase agreements are subject to the comp…

5.7(1) Any firm or business legally transacting business within Iowa at the time the contract for goods or services is executed, may request placement on the approved vendor list for a particular service or commodity by filing a vendor application form with the commission. The co…

to the specifications indicated by the commission. Bids and proposals which do not conform to the specifications stated may be rejected. The commission reserves the right to waive deficiencies in the bids or proposals if in the judgment of the commission the best interests of the…

of delivery when determining the successful vendor.

applicable. “Authorized facility” means a site operated by an authorized user that is consistent with the written mission of the authorized user. “Authorized use” means use of the network by an authorized user or by persons acting on behalf of an authorized user as provided in th…

the shared data network described in Iowa Code section 8D.13(19) if the use is for the purpose of establishing and operating a shared data only network providing law enforcement, emergency management, disaster service, emergency warning, and other emergency information disseminat…

the network for data and video services including access to the Internet if the use is for telemedicine or educational purposes: 1. Licensed health care professionals or licensed health care professionals who function under the direction of or in collaboration with a physician or…

authorized users as permitted by these rules as one of the services of the network.

permitted to connect directly to the network. 7.4(1) Educational facilities. The following educational facilities may have a direct connection to the network for voice, video and data transmissions including Internet access. a. Public or private K-12 schools; b. Public or private…

voice, video and data transmissions including Internet access that exist or may be available in the future at the facility of an authorized user if the use is consistent with the written mission of the authorized user allowing access to the network at its site: 1. All students; 2…

network for voice and data transmissions including Internet access that exists or may be available in the future at the facility of an authorized user if the use is consistent with the written mission of the authorized user and the person or persons are acting on behalf of the au…

interactive video services may be used by certain persons and entities if the use meets the following conditions: 1. The use is within the requesting authorized user’s written mission; and 2. A representative of the authorized user is present and participating in the session; or …

student with dual enrollment may use the ICN at the school district at which the student is enrolled subject to a written local school district policy for serving home-schooled students with dual enrollment.

contractual pilot or demonstration project may use or access the voice, data, and video services of the network including Internet access if the use or access is part of an authorized or contractual pilot or demonstration project.

Iowa Code section 8D.9(2). For the purposes of this chapter, “certified user” means an area education agency or community college that has certified with the commission that it is or will be a part of the network. 9.1(1) Conditions. a. One of the following conditions shall be sat…

(RFP) or a request for information (RFI) or negotiate directly with public and private vendors for the provision of telecommunication services. If a certified user seeks a waiver and is unable to supply the information necessary for the commission to make a determination as to th…

section 8D.9(2), commission staff members will forward a copy of the request to the commission members along with any supplemental information filed by the petitioner. The petitioner shall specifically address each reason for which it is seeking a waiver, and recite any facts sup…

investigation upon receipt of the petition for a waiver. The commission staff may make requests for supporting data from the petitioner or propound interrogatories to the petitioner or conduct depositions of relevant persons regarding information possessed by the petitioner relat…

filed with the commission, the staff will notify the petitioner of the time and place for a hearing before the commission. Any information the staff has assembled for the commission to consider shall be made available to the petitioner at least 30 days before a meeting of the com…

commission staff will have an opportunity to present any relevant evidence to the commission bearing on the appropriateness of the petition. The hearing will be informal. The hearing will be mechanically recorded. The recording shall constitute the official record of the hearing.…

commission may consider any of the following: 9.7(1) The type of third-party service being offered to the petitioner versus the type of service the commission can offer. 9.7(2) The direct costs of service being offered to the petitioner versus the direct cost of the service offer…

the services of the commission. The certified user must give the commission 60 days’ prior written notice before the withdrawal will take effect. In the event the commission has property located on the property of the certified user, the commission and the certified user may ente…

10.1(1) Definitions. “Commission” means the state transportation commission. “Director” means the director of transportation or the director’s designee. 10.1(2) Contact information for rules administrator. The mailing address of the department’s rules administrator is: Rules Admi…

10.2(1) Incorporation by reference. The department incorporates by this reference all such matters in Iowa Code chapter 17A that relate to procedures for rulemaking. 10.2(2) Information. a. Inquiries about rules and the rulemaking process may be directed to the rules administrato…

10.3(1) The department will accept and consider, from any person or agency, petitions for rulemaking when submitted to the department’s rules administrator by mail or email and prepared in conformance with the following: a. Format: IOWA DEPARTMENT OF TRANSPORTATION 800 Lincoln Wa…

will administer its duties. The board reviews criteria for determining eligibility for inclusion of additional roads into the farm-to-market road system in accordance with Iowa Code sections 306.6 and 306.6A. [ARC 8935C, IAB 2/19/25, effective 3/26/25]

annually. Board members may recommend changes to these rules. [ARC 8935C, IAB 2/19/25, effective 3/26/25]

or unconstitutional, such adjudication will not affect the validity of these rules as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. [ARC 8935C, IAB 2/19/25, effective 3/26/25] These rules are intended to implement Iowa Code sections …

“Area service roads,” “local roads,” or “local road system” means those secondary roads that are not a part of the farm-to-market road system. “Board” means the farm-to-market review board. “Executive board” means the Iowa county engineers association executive board. “Farm-to-ma…

101.3(1) The board is composed of 12 county engineers selected by the Iowa county engineers association. Two members are selected from each district to serve staggered terms. After the first complete term rotation as shown below, the members serve six-year terms. Rotations should…

101.4(1) The department of transportation will collect applications for modifications to the farm-to- market road system. The board chair schedules meetings of the board to review accumulated applications for farm-to-market road system modifications. Applications should be filed …

for a modification to the farm-to-market road system, a county files an application through the department of transportation. 101.5(1) The application includes the following: a. A copy of a resolution of the county board of supervisors requesting the modification to the existing …

is eligible to vote at every meeting at which that member is in attendance. Attendance may include members being present at the meeting through a conference telephone call, Iowa communications network connection, or other electronic means deemed appropriate by the chair. 101.6(1)…

meeting, the chair sends a formal response to each county whose request was acted upon by the board at the meeting. The response apprises each applicant of the decision of the board. If the application is denied, the board provides an explanation of the reasons for the denial. [A…

to-market road system if its initial request is denied. The county again follows all provisions for requesting a modification and should be prepared to present additional information in support of the requested change. Any requested system modification that receives two denials i…

board may seek judicial review of such agency action under the provisions of Iowa Code section 17A.19. [ARC 8935C, IAB 2/19/25, effective 3/26/25]

103.1(1) Purpose. The purpose of these rules is to adopt the formulas to be used for distribution of moneys in the secondary road fund and the farm-to-market road fund and to formalize the process by which the commission will administer its duties in accordance with Iowa Code sec…

committee. 103.2(1) The committee is composed of six county engineers, six county supervisors, two representatives of the department, and the executive director of the Iowa county engineers association service bureau. 103.2(2) The county engineers are appointed by the president o…

103.3(1) Formula for determining secondary road fund allocation factors. The Iowa county engineers association service bureau annually computes percentage allocation factors for the allocation of secondary road fund revenues among the counties by using the methodology determined …