Iowa Administrative Code

13.13(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law. 13.13(2) Confidential records. The following records, categorized by agency program area, shall be held confidential. The statutory authority for confidentiality …

automated data processing systems unless otherwise noted. Data processing systems used by the agency do not permit the comparison of personally identifiable information in one record system with personally identifiable information in another record system, unless specifically not…

1. Require the agency to index or retrieve records which contain information about individuals by that person’s name or other personal identifier; 2. Make available to the general public records which would otherwise not be available under the public records law, Iowa Code chapte…

open records. It also seeks to facilitate sound agency determinations with respect to the handling of confidential records and the implementation of the fair information practices Act. This agency is committed to the policies set forth in Iowa Code chapter 22; agency staff shall …

13.3(1) Location of record. A request for access to a record should be directed to the director of the department for the blind or the particular agency office where the record is kept. If the location of the record is not known by the requester, the request shall be directed to …

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…

The subject of a confidential record may consent to agency disclosure to a third party of that portion of a record concerning the subject by completing an “Authorization for release of information” form. The consent must identify the record or records that may be disclosed; the p…

information by a client or any other person, the agency shall inform the person of the following: 1. The authority under which the information is collected; 2. The principal purposes for which the information will be used or released; 3. What persons outside the agency might rout…

without the consent of the subject. To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Lawful disclosure will generally occur without notice: 1. For routine use as defined in rule 111—13.10(17A,22) or in the notice for a…

2.1(1) State-licensed professions. Persons employed in positions for which licensure is required by the state are required to hold the appropriate license at the time of hire and maintain it throughout their term of employment even when the Iowa Code exempts individuals employed …

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

3.10(1) Omission of notice and comment. To the extent the commission, 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 commission may adopt that rule wit…

3.11(1) General. When requested by a person, either prior to adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the department shall issue a concise statement of reasons for the rule. Requests for such a statement mu…

3.12(1) Contents. Each rule adopted by the commission shall contain the text of the rule and, in addition: a. The date the commission adopted the rule. b. A brief explanation of the principal reasons for rule-making action if such reasons are required by 1998 Iowa Acts, chapter 1…

3.13(1) Requirement. The department 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 availab…

office of the administrative rules coordinator. The filing must be executed as soon after adoption 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 were issued with respect to that r…

3.15(1) Grounds. The commission 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 som…

3.16(1) Compilation, indexing, public inspection. The department 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,” and “…

3.17(1) Any interested person, association, department, or political subdivision may submit a written request to the administrative rules coordinator requesting the department to conduct a formal review of a specified rule. Upon approval of that request by the administrative rule…

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

3.3(1) Docket maintained. The department shall maintain a current public rule-making docket. 3.3(2) Anticipated rule making. The rule-making docket shall list each anticipated rule-making proceeding. A rule-making proceeding is deemed “anticipated” from the time a draft of propos…

3.4(1) Contents. a. At least 35 days before the adoption of a rule, the department shall cause a Notice of Intended Action to be published in the Iowa Administrative Bulletin. The Notice of Intended Action shall include: (1) A brief explanation of the purpose of the proposed rule…

3.5(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…

3.6(1) Definition of small business. A “small business” is defined in 1998 Iowa Acts, chapter 1202, section 10(7). 3.6(2) Mailing list. Small businesses or organizations of small businesses may be registered on the department’s small business impact list by making a written appli…

3.7(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…

3.8(1) Time of adoption. The commission 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 commi…

3.9(1) The commission 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 …

with the Department for the Blind, 524 Fourth Street, Des Moines, Iowa 50309. A petition is deemed filed when it is received by that office. The department must provide the petitioner with a file-stamped copy of the petition if the petitioner provides an extra copy for this purpo…

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

Director, Department for the Blind, 524 Fourth Street, Des Moines, Iowa 50309-2364.

4.4(1) Forwarding of petition and meeting. Within 14 days after the filing of a petition, the department shall submit a copy of the petition and any accompanying brief to the administrative rules coordinator and to the administrative rules review committee. Upon request by the pe…

declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the department at the Administrative Office, Department for the Blind, 524 Fourth Street, Des Moines, Iowa 50309-2364. A petition is deemed filed w…

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 department, 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 those on which the…

programs are required by federal regulations to conform to similar proceedings delineated by their respective federal government grantor agencies. Therefore, the provisions of this chapter are not applicable to those programs. These rules are intended to implement Iowa Code secti…

the department shall give notice of the petition to all persons not served by the petitioner pursuant to rule 111—5.6(17A) to whom notice is required by any provision of law.

5.3(1) Nondiscretionary intervention. Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 15 working days of the filing of a petition for declaratory order and before the 30-day time period for department acti…

The department may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.

the Director, Department for the Blind, 524 Fourth Street, Des Moines, Iowa 50309-2364.

5.6(1) Service. 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 by mailing or personal delivery upon each of the parties of record to the p…

informal meeting between the original petitioner, all intervenors, and a member of the staff of the department to discuss the questions raised. The department may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to …

5.8(1) Time frame for action. Within 30 days after receipt of a petition for a declaratory order, the director or the director’s designee shall take action on the petition as required by 1998 Iowa Acts, chapter 1202, section 13(5). 5.8(2) Date of issuance of order. The date of is…

5.9(1) Reasons for refusal to issue order. The department 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 do…

to Iowans who are blind, reading disabled and physically handicapped, as delineated in rule 6.3(216B), who cannot use information in standard print formats.

magazines and videos in braille, recorded cassette, digital audio, digital cartridge, electronic text, descriptive video, or large-type formats; provision and maintenance of playback equipment; transcription, production and duplication of standard print material into braille, dig…

Blind persons; Physically handicapped persons— 1. Whose visual disability, with correction, regardless of visual measurement, prevents the reading of standard print material, or 2. Who are unable to read or unable to use standard print material as a result of physical limitations…

Services form must be completed, and must be signed by a competent authority. 6.4(1) In cases of blindness, visual disability or physical limitations, “competent authority” is defined as a doctor of medicine; doctor of osteopathy; ophthalmologist; optometrist; registered nurse; t…