Iowa Administrative Code

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…

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…

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 …

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…

these rules, the department may suspend, temporarily or permanently, the agency’s privilege of receiving gifts of forfeited property.

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…

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…

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…

“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…

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…

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…

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…

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]

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 …

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 …

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…

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…

“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…

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…

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]

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…

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]

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…

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 …

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…

“Applicant” means a person or entity that applies for funding from the department. “Application process” means the set of rules, requirements, and procedures outlined in the notice of funding opportunity on the department’s website that applicants must follow to apply for opioid …

39.2(1) Requests. Requests containing eligible projects shall be submitted to the department in accordance with the notice of funding opportunity and application process. Each request shall include the intended outcomes of the project or projects. The department may request addit…

reports and other performance indicators following the instructions and methods requested by the department. At a minimum, each applicant selected for an award is required to submit an annual report on July 1 of each year that specifies whether the moneys awarded have achieved or…

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.

“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).

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…

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…

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…

“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…

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…

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…

labeling and shipping shall be as specified by the administrator of the division of criminal investigation criminalistics laboratory, department of public safety.

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]

“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…

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 …

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…

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…

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…

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…

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…