Iowa Administrative Code

fact exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary he…

6.33(1) Necessary emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare and consistent with the Constitution and other provisions of law, the office may issue a written order in compliance with Iowa Code section 17…

with the terms of Iowa Code chapter 17A. 6.34(1) Consistent with Iowa Code section 17A.19(3), if a party does not file a timely application for rehearing, a judicial review petition must be filed with the district court within 30 days after the issuance of the office’s final deci…

contested case proceeding shall file a written request for such a proceeding within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the office action in question. The request for a contested…

proceedings or a party to a contested case proceeding may attempt informal settlement of the controversy or contested case by complying with the procedures set forth in this rule. No party to such a controversy or contested case shall be required to settle the controversy or cont…

6.6(1) Delivery. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Delivery of the notice of hearing may be executed by: a. Personal service as provided in the Iowa Rules of Civil Procedure; b. Certified mail, return receipt requeste…

represented in all hearings or prehearing conferences related to their case. Business entities, such as partnerships, corporations, or associations may be represented by a nonlawyer partner, member, officer, director, shareholder, other owner or manager, or duly authorized agent.…

6.8(1) Any party who wishes to request that the presiding officer assigned to render a proposed decision be an administrative law judge employed by the department of inspections and appeals must file a written request within 20 days after service of a notice of hearing which iden…

case proceeding may waive any provision of this chapter. However, the office in its discretion may refuse to give effect to such a waiver when it deems the waiver to be inconsistent with the public interest. [ARC 2542C, IAB 5/25/16, effective 6/29/16]

addition, the following definitions shall also apply: “Agency” or “state agency” means a unit of state government, which is an authority, board, commission, committee, council, department, examining board, or independent agency as defined in Iowa Code section 7E.4, including but …

8.2(1) Purpose. The office is created for the purpose of leading, directing, managing, coordinating, and providing accountability for the information technology resources of state government. In furtherance of this role, the office is, among other things, required or authorized t…

procedures to organize and effectively and efficiently utilize such advisory groups. Advisory groups may be comprised of information technology leaders from agencies across state government to advise and assist the CIO and office in accomplishing the objectives, duties, and respo…

8.4(1) Proposing information technology governance requirements. Anyone may recommend the development or adoption of an information technology governance requirement to the CIO or office or advisory committee created and designated by the CIO for such purpose. 8.4(2) Development …

8.5(1) Compliance assessments and requests for information. The office may periodically assess participating agencies’ compliance with information technology governance requirements. In so doing, the office will coordinate and collaborate with participating agencies. Participatin…

8.6(1) Requests for waiver. A participating agency may file a request for waiver from an information technology governance requirement, in whole or in part, in accordance with the following form, manner, and content requirements. a. Form and manner. A request for waiver shall be …

under this chapter shall be indexed, filed, and made available for public inspection as provided in Iowa Code section 17A.3. Such reports, orders, and related materials may be considered public records under Iowa Code chapter 22; provided, however, that such reports, orders, and …

participating agency’s noncompliance with information technology governance requirements under rule 129—8.5(8B), or a denial, in whole or in part, of a request for waiver under rule 129—8.6(8B), to the director of the department of management within seven calendar days following …

in 1972 and is charged with the responsibility to investigate complaints from any persons regarding administrative actions of Iowa state or local governmental agencies and to render objective opinions or recommendations on the complaints, in the interests of resolving complaints …

Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319. The office website is www.legis.iowa.gov/ Ombudsman. The office can be reached at the following numbers: telephone (515)281-3592, 1-888-426-6283 (1-888-IA-OMBUD), and TDD/TTY (515)242-5065, and fax (515)242-6007. The office …

1.3(1) Staff. The office of ombudsman is composed of the following staff positions: a. Ombudsman. The ombudsman is appointed by the legislative council pursuant to Iowa Code section 2C.3. The ombudsman shall meet the qualifications specified in Iowa Code section 2C.4 and serve fo…

“Administrative action” means any action, decision, omission, policy, practice, procedure, or rule of an agency or any failure of an agency to act pursuant to law. “Agency” means all governmental entities, departments, boards, commissions, councils or institutions, and any office…

2.10(1) Issuance. Pursuant to Iowa Code subsection 2C.9(5), the ombudsman has power to issue a subpoena to compel any person to appear, give sworn testimony, or produce documentary or other evidence relevant to a matter under inquiry. 2.10(2) Notice. The ombudsman shall give reas…

2.11(1) Purpose. The taking of testimony is an internal device used by the ombudsman to gather information and to assist in arriving at conclusions or recommendations regarding an agency’s actions. 2.11(2) Witnesses. Any person may be called to give testimony relating to a matter…

2.12(1) Complaint unsubstantiated. If, after completing an investigation, the ombudsman determines the complaint is not substantiated based upon a preponderance of the evidence, the ombudsman shall inform the complainant and the agency involved of such determination. 2.12(2) Comp…

2.13(1) Issuance of reports. The ombudsman may prepare a report of the findings of fact, conclusions, and recommendations relevant to an investigation. a. Critical reports. If the ombudsman determines as a result of an investigation that an administrative action of an agency, off…

2.14(1) When and to whom submitted. Pursuant to Iowa Code section 2C.18, the ombudsman shall by December 31 of each year submit an economically designed and reproduced annual report to the general assembly and to the governor concerning the activities and work performed during th…

official, employee, or other person has acted in a manner warranting a disciplinary or criminal proceeding, the ombudsman shall refer the matter to the appropriate authorities. [Adopted and published 10/26/16 pursuant to Iowa Code section 2C.9(5), effective 11/1/16]

2.16(1) Immunity of ombudsman. Except for removal from office as provided in Iowa Code chapter 66 or for employment-related claims, no civil action or other proceeding shall be commenced against the ombudsman or any member of the staff for any official act or omission performed p…

2.17(1) Penalties. As provided in Iowa Code section 2C.22, any person who willfully obstructs or hinders the lawful actions of the ombudsman or any member of the staff, or who willfully misleads or attempts to mislead the ombudsman or a member of the staff in the course of an inq…

2.2(1) Persons who may contact office. Any person may contact the ombudsman concerning an administrative action by an agency. If a person contacts the ombudsman on behalf of another person whose specific right or interest is directly affected by an administrative action, the ombu…

2.3(1) Correspondence. Any correspondence from a person confined or residing in an institution or facility under the control of an agency shall be forwarded, unopened and without undue delay, to the office of ombudsman by the institution or facility. Any correspondence from the o…

2.4(1) State employees. Notwithstanding the limitations of subrule 2.6(1), the ombudsman may investigate a complaint filed by an employee of a state employment system who alleges that an adverse employment action has been taken against the employee as provided in Iowa Code sectio…

2.5(1) Review of complaint. The ombudsman shall review and consider each complaint to determine if it is within the ombudsman’s jurisdiction, if it is an appropriate subject for investigation, and if it warrants an investigation, under the criteria in rule 141—2.6(2C). 2.5(2) Pre…

2.6(1) Jurisdiction. The ombudsman has jurisdiction to investigate any administrative action of an agency; however, the ombudsman shall not investigate the complaint of an employee of an agency in regard to that employee’s employment relationship with the agency, except as provid…

2.7(1) Notice of decision. If, after preliminary review and consideration of a complaint, the ombudsman decides not to investigate the complaint, the complainant shall be informed of the decision and the reasons for the decision. The ombudsman may also inform the agency involved …

2.8(1) Notice of decision. If, after preliminary review and inquiry and consideration, the ombudsman decides to investigate a complaint, the complainant and the agency involved in the complaint shall be notified of the decision. 2.8(2) Notice to agency. A notice of investigation …

2.9(1) Methods. The ombudsman may use any one or more of the following methods in conducting an investigation: a. Review applicable laws, rules, regulations, and policies; b. Request a statement from an agency providing reasons for taking an administrative action; c. Make informa…

“Agency” means the office of ombudsman. “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 or information contained in recor…

3.10(1) Open records. Open records are routinely disclosed without the consent of the subject. 3.10(2) Confidential records. To the extent allowed by law, the agency may disclose confidential records without the consent of the subject of a confidential record. Following are insta…

3.11(1) Open records. Agency records are open for public inspection and copying, unless otherwise provided by rule or law. This agency also has possession of records which may be open records but which are copies of records from other agencies, which have been filed in judicial o…

personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in the record systems and the means by which that information is stored. Unless otherwise stated, the authority to collect the information is provided by Iowa Co…

agency other than record systems as defined in rule 141—3.12(2C,22). These records are not stored or retrieved by personal identifiers. These records are routinely available to the public; however, the agency’s files of these records may contain some confidential information. Unl…

compare personally identifiable information in one record system with personally identifiable information in another record system. [Adopted and published 10/26/16 pursuant to Iowa Code section 2C.9(5), effective 11/1/16]

3.15(1) Require the agency to index or retrieve records which contain information about an individual by that person’s name or other personal identifier. 3.15(2) Make available to the general public records which would otherwise not be available under the public records law, Iowa…

agency policies and procedures for the maintenance of records and access to records. The purpose of this chapter is to facilitate public access to open records and to guide agency determinations with respect to the handling of confidential records and the implementation of the Io…

3.3(1) Location. A request for access to a record should be directed to the ombudsman at the Office of Ombudsman, Ola Babcock Miller Building, 1112 E. Grand Avenue, Des Moines, Iowa 50319. The agency may also be reached at the following numbers: telephone (515)281-3592, 1-888-426…

applicable provisions of law, the custodian may disclose certain confidential records to one or more members of the public, or may be authorized or required to release specified confidential records in certain circumstances or to particular persons. In requesting the custodian to…

confidential record and withhold it from examination only to the extent that the custodian is authorized by Iowa Code section 22.7 or 2C.8, another applicable provision of law, or a court order to refuse to disclose that record to members of the public. 3.5(1) Persons who may mak…

person may file a request with the custodian to review and, in addition, to have a written statement of additions, dissents, or objections entered into a record containing personally identifiable information pertaining to that person. However, this does not authorize a person who…

forms of the use that will be made of personal information, which persons outside the agency might routinely be provided this information, which parts of the requested information are required and which are optional, and the consequences of a failure to provide the information re…