20,160 sections across 1,928 Iowa regulatory chapters.
R.61—33.3 Notice to department
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33.3(1) An agency which seizes real property for forfeiture must notify the department within ten days of the seizure. Notice shall include the identity of the party from whom the property was seized, the date and county of seizure, and a legal description of the property seized …
R.61—33.4 Disposition of forfeited property
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33.4(1) Controlled substances. An agency in possession of a controlled substance which has been forfeited shall dispose of it as required by Iowa Code section 124.506. 33.4(2) Obscene materials. Materials which violate the provisions of Iowa Code chapter 728 shall be destroyed. A…
R.61—33.5 Use by the department. The department will review each item of forfeited property to
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determine if it is of a nature that would be useful to the department in enforcement of the law. If such a use exists, the department may take possession of the property and retain ownership instead of transferring it to the seizing agency. [ARC 8476B, IAB 1/13/10, effective 2/17…
R.61—33.6 Gifts to other law enforcement agencies
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33.6(1) If the department determines that it does not have use for an item of forfeited property, the seizing agency must accept ownership of the property and use or dispose of it under these guidelines. 33.6(2) If the department determines that property is available for gift to …
R.61—33.7 Record keeping. An agency which seizes property for forfeiture shall maintain records
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showing the disposition, including destruction, of forfeited property for a period of three years from the date of forfeiture. The records shall comply with any recommendations of the state auditor but must, at a minimum, include the following: 1. The date of forfeiture, a descri…
R.61—33.8 Failure to comply. If the department determines that an agency is not in compliance with
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these rules, the department may suspend, temporarily or permanently, the agency’s privilege of receiving gifts of forfeited property.
R.61—33.9 Appeal. An agency may appeal a decision to suspend its privilege to receive gifts of
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forfeited property under rule 61—33.8(809A) or other departmental action upon the basis that it has not been done according to these rules as follows: 33.9(1) Appeal to deputy attorney general for criminal justice. An applicant may file a notice of appeal to the deputy attorney g…
R.61—34.1 Statement of property owner’s rights. Iowa Code section 6B.2A(1) mandates that an
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acquiring agency provide a statement of rights to owners of record who may have all or a part of their property acquired by condemnation. It also directs the attorney general to adopt rules prescribing a statement of rights which an acquiring agency may use to meet its obligation…
R.61—34.2 Alternate statement of rights. Rule 61—34.1(6B) is not intended to prohibit acquiring
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agencies from providing a statement of rights in a different form, a more detailed statement of rights, or supplementary material expanding upon an owner’s rights. [ARC 2979C, IAB 3/15/17, effective 4/19/17] These rules are intended to implement Iowa Code section 6B.2A(1). [Filed…
R.61—35.1 Definitions
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“Creditor” means a person or entity who is owed money or property by another person via the extension of credit to that other person to defer payment of debt, to incur debt and defer its payment, or to purchase property or services and defer payment therefor, or a person or entit…
R.61—35.2 Application for identity theft passports
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35.2(1) Completion of application. a. A person who has filed a report of identity theft may apply for an identity theft passport through the law enforcement agency to which the report was made. b. An application for an identity theft passport shall include the following: (1) Comp…
R.61—35.3 Issuance of identity theft passports
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35.3(1) Upon receipt of a completed application for an identity theft passport, the division shall review the application and determine whether to issue the applicant an identity theft passport. In determining whether to issue the identity theft passport, the division shall consi…
R.61—35.4 Usage of identity theft passports. An identity theft victim may present the passport to:
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35.4(1) A law enforcement agency to help prevent the victim’s arrest or detention for any offense committed by someone other than the victim who is using the victim’s identity, and 35.4(2) A creditor of the victim to aid in the creditor’s investigation and establishment of whethe…
R.61—35.5 Acceptance of identity theft passports. A law enforcement agency or creditor may
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accept an identity theft passport from the victim and may consider the surrounding circumstances and available information regarding the offense of identity theft pertaining to the victim. [ARC 7940B, IAB 7/15/09, effective 8/19/09]
R.61—35.6 Expiration of identity theft passports. An identity theft passport issued by the office of
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the attorney general shall be valid for a period of five years from the date of issuance or renewal. The victim to whom an expired identity theft passport was issued may reapply to the office of the attorney general for renewal of the identity theft passport within 30 days after …
R.61—35.7 Revocation of identity theft passports
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35.7(1) If the division determines that an identity theft passport which has been issued should not have been issued, the division shall notify the person to whom the identity theft passport was issued of the intended revocation of the identity theft passport and the reasons for …
R.61—35.8 Identity theft passport application and verification forms
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35.8(1) Identity theft victim application and affidavit. The following form may be used to apply for an identity theft passport. Iowa Attorney General's Office Identity Theft Victim Application and Affidavit Iowa Code section 715A.9A(2): A victim who has filed a report of identit…
R.61—36.1 New motor vehicle repair or parts replacement disclosure requirement. A person
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licensed as a new motor vehicle dealer pursuant to Iowa Code chapter 322 is required to disclose to the buyer or lessee of a new motor vehicle that the vehicle has been subject to any repairs or adjustments, or replacements of parts with new parts, if the actual cost of any labor…
R.61—36.2 Definitions
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“Dealer’s adjusted cost” means the amount paid by the dealer to the manufacturer or other source for the vehicle, including any freight charges, but excluding any sum paid by the manufacturer to the dealer as a holdback or other monetary incentive relating to the vehicle. “Electr…
R.61—36.3 Form and format of required disclosure statement
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36.3(1) The disclosure statement required by this rule shall be made in writing, to a buyer or lessee, at or before the time of sale or lease to the buyer or lessee and shall include the following statement, in at least 14-point type: Iowa law requires new motor vehicle dealers t…
R.61—36.4 Buyer or lessee to be given opportunity to review disclosure statement. The dealer shall
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give the buyer or lessee an adequate opportunity to review the disclosure statement before asking the buyer or lessee to sign the disclosure statement. [ARC 9806B, IAB 10/19/11, effective 11/23/11]
R.61—36.5 Copy of disclosure statement to buyer or lessee. The dealer shall give a copy of the fully
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completed and signed disclosure statement to the buyer or lessee to retain at the time the statement is fully completed and signed. This requirement may be met by providing the buyer or lessee with a paper copy, including but not limited to a computer-generated printout, or by di…
R.61—36.6 Record retention requirement. A dealer shall retain a paper or electronic copy of each
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written disclosure issued pursuant to this chapter for five years from the date of issuance. [ARC 9806B, IAB 10/19/11, effective 11/23/11]
R.61—36.7 Substantially similar disclosure statements. Disclosure statements that are substantially
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similar to the statement required by this chapter will be permitted with the prior approval of the attorney general. [ARC 9806B, IAB 10/19/11, effective 11/23/11] These rules are intended to implement 2011 Iowa Acts, Senate File 418. [Filed ARC 9806B (Notice ARC 9669B, IAB 8/10/1…
R.61—37.1 Required disclosures by covered institutions relating to certain philanthropic
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contributions. 37.1(1) Definitions. The terms “covered institution,” “educational loan,” “gift,” “lender,” “lending institution,” “preferred lender arrangement,” and “preferred lender list” have the same meaning as those terms are defined in Iowa Code section 261F.1. a. The term …
R.61—38.1 Assurance of voluntary compliance. In any case where the attorney general has authority
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to institute a civil action or proceeding pursuant to Iowa Code section 714.16(7), in lieu thereof, the attorney general may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be in violation of the Iowa consumer fraud Act from any p…
R.61—5.1 Purpose. To promote compliance with Iowa Code chapter 453C and Iowa Code
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Supplement section 453D.5(5), the attorney general may require nonparticipating manufacturers to make escrow payments required by Iowa Code section 453C.2(2) in quarterly installments during the year in which sales covered by such payments are made.
R.61—5.2 Definitions
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“Nonparticipating manufacturer” has the same meaning in this rule as that cited in Iowa Code Supplement section 453D.2(7). “Participating manufacturer” has the same meaning in this rule as that cited in Iowa Code Supplement section 453D.2(8).
R.61—5.3 Applicability. The attorney general may require quarterly payments from a
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nonparticipating manufacturer to which any of the following criteria apply: 5.3(1) No previous escrow deposit. The nonparticipating manufacturer has not previously established and funded a qualified escrow fund in Iowa; 5.3(2) No escrow deposit for more than one year. The nonpart…
R.61—5.4 Deadlines. Nonparticipating manufacturers required to make quarterly payments must do
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so as follows: 5.4(1) Payments for sales occurring in the first quarter, January 1 through March 31, are due April 30 of the same year. The attorney general’s office must receive official notification of the payments no later than May 10 of the same year. 5.4(2) Payments for sale…
R.61—5.5 Penalties. The nonparticipating manufacturer and its brands may be removed from the
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Iowa Directory of Certified Tobacco Manufacturers and Brands if: 1. Required quarterly escrow payments are not timely made in full; or 2. The attorney general is not timely notified that the quarterly escrow payments have been made in full. These rules are intended to implement I…
R.61—8.1 Definitions. As used in this chapter:
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“Convicted.” The term includes both a person’s present conviction and any prior conviction, whether occurring in Iowa or another jurisdiction. “Listed offense.” A listed offense is any offense set out in these rules. It also includes similar offenses under prior laws of the state…
R.61—8.2 Persons required to submit specimens
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8.2(1) A person who has been convicted at any time of a listed offense shall, prior to being granted probation, parole, work release or discharge, submit to DNA profiling under the provisions of Iowa Code section 13.10. 8.2(2) If the person has previously provided a specimen, the…
R.61—8.3 Listed offenses. The following are listed offenses for the purpose of these rules:
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1. Murder (Iowa Code section 707.2 or section 707.3). 2. Attempt to commit murder (Iowa Code section 707.11). 3. Kidnapping (Iowa Code sections 710.1, 710.2 and 710.3). 4. Sexual abuse (Iowa Code sections 709.2, 709.3 and 709.4). 5. Assault with intent to commit sexual abuse (Iow…
R.61—8.4 Reserved
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R.61—8.5 Prescribed sample techniques. The sample size, methods of drawing and preservation,
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labeling and shipping shall be as specified by the administrator of the division of criminal investigation criminalistics laboratory, department of public safety.
R.61—8.6 Effective date. Rescinded IAB 1/24/01, effective 2/28/01
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These rules are intended to implement Iowa Code section 13.10. [Filed 4/24/91, 12/12/90—published 5/15/91, effective (see 61—8.6(13))] [Filed 1/5/01, Notice 11/1/00—published 1/24/01, effective 2/28/01]
R.61—9.1 Definitions. These definitions apply to the entire chapter
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“Board” means the victim assistance board of the Iowa department of justice. “Chief” means the section chief of the victim assistance section established in the Iowa department of justice or a designee of the chief. “Department” means the Iowa department of justice. “Section” mea…
R.61—9.10 Duties of section. In addition to the duties contained in Iowa Code section 13.31, the
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section shall: 9.10(1) Administer other funds, grants, or programs for victim assistance created by public law or the department. 9.10(2) Provide administrative support to the board. 9.10(3) Enter into agreements under Iowa Code chapter 28E or other law including agreements with …
R.61—9.11 to 9.24
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R.61—9.2 Board
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9.2(1) A victim assistance board is established pursuant to Iowa Code section 915.82. 9.2(2) Members of the board shall serve terms for three years and are eligible for reappointment to the board by the attorney general. 9.2(3) The initial term of the board members shall commence…
R.61—9.25 Administration of the crime victim compensation program. The section shall administer
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the crime victim compensation program as provided in Iowa Code chapter 915. All questions, comments, requests for information, or applications for compensation shall be directed to the section by calling 515.281.5044 or 1.800.373.5044. [ARC 8358C, IAB 11/13/24, effective 12/18/24…
R.61—9.26 Definitions. For rules related to the crime victim compensation program of the section, the
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following definitions apply: “Affinity” means the relationship of persons who are related by marriage, cohabitation, or engagement to be married. “Applicant” includes the following individuals who file an application with the crime victim compensation program: 1. A victim of a cr…
R.61—9.27 Duties of the section. The duties of the section shall include but not be limited to the duties
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provided for in Iowa Code sections 13.31 and 915.83, as well as: 9.27(1) To prepare appropriate forms for the filing and processing of compensation applications. 9.27(2) To conduct an administrative review of claims when a request for reconsideration is filed by an applicant with…
R.61—9.28 Application for compensation. An applicant may file an application for compensation by
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telephone or in writing within two years of the occurrence or discovery of a crime pursuant to Iowa Code section 915.84(1). For a victim of sexual abuse when the offender has been referred pursuant to Iowa Code chapter 229A, the date of the discovery of the crime shall be conside…
R.61—9.29 Report to law enforcement. A person is not eligible for compensation unless the crime is
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reported to law enforcement pursuant to Iowa Code section 915.84(3). The program may waive the requirements of Iowa Code section 915.84(3) if good cause is shown. 9.29(1) Law enforcement report sources. The program finds there is good cause to accept that the report of a crime to…
R.61—9.3 Expenses
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9.3(1) Board members shall be reimbursed from the crime victim compensation fund for expenses actually and necessarily incurred in the discharge of their duties including attendance at board meetings, board committee meetings, and other activities on behalf of the board as design…
R.61—9.30 Cooperation with law enforcement. To be eligible for compensation, the crime victim
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shall cooperate with the reasonable requests of law enforcement. After considering the factors in subrule 9.29(4), the department may waive the requirement if good cause is shown. 9.30(1) Reasonable cooperation. Reasonable cooperation by the victim may include but is not limited …
R.61—9.31 Contributory conduct. The program shall reduce or disqualify compensation when there is
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a causal relationship between the contributory conduct on the part of the victim and the victim’s injury or death. Contributory conduct includes consent, provocation, or incitement of the crime on the part of the victim. 9.31(1) Consent, provocation, or incitement. In assessing c…
R.61—9.32 Eligibility for compensation. The program shall determine the eligibility of an application
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for compensation. 9.32(1) Determination of eligibility. A denial of eligibility shall be based on written documentation that an application does not satisfy the requirements of Iowa Code chapter 915. An applicant shall be deemed eligible for compensation if the section has not ob…