Iowa Administrative Code

3.8(1) The subject of a confidential record may file a written request to review confidential records about the person who is the subject of a confidential file, as provided in rule 141—3.6(2C,22). All information in case files, including the identity of a person providing the in…

applicable provision of law, a person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party. A request for such a disclosure must be in writing and must identify the particular record that may b…

4.1(1) Procedure exempt from Iowa Code chapter 17A. Pursuant to Iowa Code section 2C.9(6), the promulgation of rules relating to the organization, operation, and procedures of the office of ombudsman is exempt from the provisions of Iowa Code chapter 17A, the Iowa Administrative …

4.2(1) Time of adoption. The agency may adopt a rule at any time. 4.2(2) Manner of adoption. The agency is exempt from the procedural requirements for rule making in Iowa Code section 17A.4. The agency shall file each rule the agency adopted with the administrative code editor, w…

4.3(1) Contents. Each rule adopted by the agency shall contain the text of the rule and, in addition: a. The date the agency adopted the rule. b. A reference to the specific statutory or other authority authorizing adoption of the rule; and c. The effective date of the rule. 4.3(…

5.1(1) Definition. As used in this chapter, “agency” means the office of the citizens’ aide/ombudsman. 5.1(2) Filing. Any interested person may file a petition for rule making with the agency. A petition is deemed filed when it is received by the agency. The petition may be deliv…

5.2(1) Informal meeting. If requested in the petition, the agency shall schedule a brief and informal meeting between the petitioner and the citizens’ aide/ombudsman or a member of the staff to discuss the petition. 5.2(2) Additional information. The agency may request the petiti…

6.1(1) Definition. As used in this chapter, “agency” means the office of the citizens’ aide/ombudsman. 6.1(2) Filing. Any person who has a real and direct interest in a specific factual situation that may affect their legal rights, duties or responsibilities under any statute, ru…

6.2(1) Informal meeting. If requested in the petition, the agency shall schedule a brief and informal meeting between the petitioner and the citizens’ aide/ombudsman or a member of the staff to discuss the petition. 6.2(2) Additional information. The agency may request the petiti…

6.3(1) Refusal for good cause. The agency may refuse to issue a declaratory ruling for good cause, which may include, but is not limited to, the following reasons: a. The petition does not substantially comply with the required form. b. The petition does not contain facts suffici…

6.4(1) Contents. In addition to the ruling itself, a declaratory ruling shall include the date of issuance, the name of the petitioner, the statutes, rules, other written statements of law, policies, or decisions involved, the particular facts upon which it is based, and the reas…

1.1(1) Organization. a. Commission. The Iowa civil rights commission is a seven-member body. Members are appointed by the governor pursuant to Iowa Code section 216.3. b. Location. The Iowa civil rights commission, hereinafter referred to as “commission,” is located on the First …

1.2(1) Initiation of rule-making procedures. a. Any person or state agency may file a petition for rule making with the commission at its location as defined in 161—paragraph 1.1(1)“b.” A petition is deemed filed when it is received by that office. The commission shall provide th…

1.3(1) Except where oral or written presentations are deemed unnecessary by the commission in accordance with section 17A.4(2), the commission shall allow for the submission of oral or written presentations, or both, prior to its adoption of any rules. 1.3(2) Interested persons s…

1.4(1) Petition for declaratory order. Any person may file a petition with the commission for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the commission, at its location as defined in 161—p…

commission’s Web site or by telephoning the commission staff. 1.5(1) “Charge of Discrimination,” EEOC 5c, for a complaint alleging a discriminatory or unfair practice or act in all jurisdictional areas except housing. 1.5(2) “Housing Discrimination Complaint,” HUD 903, for a comp…

1.6(1) Statement of purpose. It is the purpose of the commission, in adopting these rules to promote the efficient enforcement of the Act. To this end, the commission will use referral and deferral agreements to encourage agencies with similar powers and jurisdiction to: a. Devel…

guidelines on what actions or activities may produce a discriminatory impact in public accommodations.

creed, color, sex, sexual orientation, gender identity, national origin, religion or disability by any public accommodation by: 10.2(1) Providing any disposition, service, financial aid, or benefit to an individual which is different, or is provided in a different manner, from th…

“Agency” means the Iowa civil rights commission. “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…

11.10(1) Defined. “Routine use” means the disclosure of a record without the consent of the subject or subjects for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public reco…

11.11(1) Consent to disclosure by a subject individual. The subject may consent in writing to agency disclosure of confidential records as provided in rule 161—11.7(17A,22,216). 11.11(2) Complaints to public officials. A letter from a subject of a confidential record to a public …

11.12(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law. The office also has possession of records which may be open records but which are copies of materials from another agency, which have been filed in judicial or ad…

personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 161—11.1(17A,22,216). Unless otherwise stated, the authority for this office to maintain the record is provided by Iowa Code…

the agency other than record systems as defined in rule 161—11.1(17A,22,216). The records listed may contain information about individuals. Unless otherwise designated, the authority for this office to maintain the record is provided by Iowa Code chapter 216, the statutes governi…

compare personally identifiable information in one record system with personally identifiable information in another record system.

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…

been filed or not, or revealing the contents of any file is prohibited except in the following circumstances: 11.17(1) If a final decision per 161—subrule 2.1(10) has been reached, a party or a party’s attorney may, upon showing that a petition appealing the commission action has…

chapter 216 by establishing agency policies and procedures for the maintenance of records. The purpose of this chapter is to facilitate public access to open records. It also seeks to facilitate sound agency determinations with respect to the handling of confidential records and …

11.3(1) Location of record. A request for access to a record should be directed to the Iowa civil rights commission or the particular agency office where the record is kept. The request shall be directed to the Iowa Civil Rights Commission, Grimes State Office Building, 400 E. 14…

provisions of law, the lawful custodian may disclose certain confidential records to one or more members of the public. Other provisions of law may authorize or require the custodian to release specified confidential records under certain circumstances or to particular persons. I…

withholding 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 tha…

certain 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. H…

permitted by any applicable provision of law, a person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party. A request for such a disclosure must be in writing and must identify the particular …

information about that person, the agency shall notify the person of the use that will be made of the 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 …

11.9(1) Open records are routinely disclosed without the consent of the subject. 11.9(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Following are instances where disclosure, if lawful, may generally occur without…

remainder of the rules shall not be affected thereby. The invalidity of any of the rules with respect to a particular person or under particular circumstances shall not affect their application to other persons or different circumstances.

request.

15.3(1) Filing of a request for waiver. Any person may file a request for waiver of an administrative rule of the civil rights commission by writing a proper request which is received by Executive Director, Iowa Civil Rights Commission, Grimes State Office Building, 400 E. 14th S…

2.1(1) Wherever “Act” is used in rules of the commission it shall mean the Iowa Civil Rights Act of 1965, as amended (Iowa Code chapter 216). 2.1(2) Unless indicated otherwise, the terms “court,” “person,” “employment agency,” “labor organization,” “employer,” “employee,” “unfair…

3.1(1) Contents of complaint. Each complaint should contain the following: a. The full name, address, and phone number of the person making the charge; b. The full name and address of each respondent; c. A clear and concise statement of the facts constituting each alleged discrim…

parties irrespective of representation by counsel. Mediation may encompass all issues in the case that could be investigated. If the parties agree to seek and obtain a global settlement not limited to a resolution of the civil rights issues, the mediation may be expanded to inclu…

3.14(1) Methods of filing. Any document, including a complaint of discrimination, may be filed by any one of the following methods: a. By in-person delivery to the agency office during set office hours. b. By regular or certified mail. c. By fax. For fax transmissions, the sender…

3.2(1) All alleged continuous violations that constitute a pattern or practice are timely if the most recent act occurred within 300 days of filing the complaint. 3.2(2) The 300-day filing period is subject to waiver, estoppel, and equitable tolling. Equitable tolling depends upo…

3.26(1) Questionnaire. After receipt of a complaint, the agency may mail to the parties written questionnaires. Complainant and respondent may provide responses in person, by mail or electronic mail. 3.26(2) Responses to the questionnaire. a. Questionnaire responses can include w…

or designee shall review the form to determine whether the agency has jurisdiction. A no jurisdiction determination constitutes a final agency action for purposes of judicial review. [ARC 8198C, IAB 8/21/24, effective 9/25/24]

3.32(1) After a tier one determination concludes further investigation is warranted, the complaint shall be referred to designated staff for further investigation of the allegations of illegal discrimination, known as a tier two investigation. 3.32(2) Staff shall review any docum…