Iowa Administrative Code

4.32(1) General rule. If the complainant or the commission prevails in the hearing, the respondent shall pay the “contested case costs” incurred by the commission. If the respondent prevails in the hearing, the commission shall itself bear the “contested case costs” incurred by t…

commission shall be perfected pursuant to the provisions of Iowa Code section 216.17 and Iowa Code chapter 17A. These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 216. [Filed 4/20/72; amended 7/9/74, 10/7/…

4.4(1) If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party. 4.4(2) …

4.5(1) Grounds for consolidation. The presiding officer may, upon motion, consolidate any or all matters at issue in two or more contested case proceedings where: a. The matters at issue involve common parties or common questions of fact or law; b. Consolidation would expedite an…

4.6(1) When service required. Except where otherwise provided by law, every pleading, motion, document, or other paper filed in a contested case proceeding and every other paper relating to discovery in such a proceeding shall be served upon each of the parties of record to the p…

4.7(1) Civil procedure rules govern discovery. Discovery procedures applicable in civil actions, as set forth in the Iowa Rules of Civil Procedure, are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the presiding officer, time periods …

4.8(1) Issuance of subpoenas. a. A commission subpoena shall be issued to a party upon request. Such a request should be in writing, but oral requests may be honored by the presiding officer. The request shall include the name, address, and telephone number of the requesting part…

4.9(1) Form. No technical form for motions is required. However prehearing motions must be in writing, state the grounds for relief, and state the relief sought. Any motion for summary judgment shall comply with the Iowa Rules of Civil Procedure. Motions made during the hearing m…

“Credit” means an amount or limit to the extent a person may receive goods, services or money for payment in the future, and includes but is not limited to, loans for any purpose and in any amount, checking accounts, charge accounts, mortgages and other home financing, credit car…

6.2(1) The criteria used to evaluate applicants for credit and the standards necessary to be met by the successful applicants shall be the same regardless of the age, color, creed, national origin, race, religion, marital status, sexual orientation, gender identity, sex or physic…

6.3(1) A credit application or credit interviewer may inquire as to age, disability, sex or marital status provided the inquiry is made in good faith for a nondiscriminatory purpose. Any inquiry which expresses directly or indirectly any limitation, specification, or discriminati…

6.4(1) Cosignatures may be required of a married couple intending to establish a joint account with the company or business issuing the credit card. 6.4(2) The exception for cosignatures is limited, and the issuer should presume the applicant is seeking a credit card in the appli…

“Has a record of such an impairment” means having a history of, or being misclassified as having, a mental or physical impairment that substantially limits a major life activity. “Major life activities” includes but is not limited to caring for oneself, manual tasks, walking, see…

8.11(1) Employers shall accommodate the known physical or mental limitations of qualified disabled applicants or employees, unless doing so would result in an undue hardship. Employers cannot deny employment opportunities to qualified disabled employees or applicants due to their…

8.12(1) If examinations or assessments are required, they should be designed to determine whether an applicant: a. Has the ability to perform the duties of the position. b. Is qualified to do the work without adverse consequences such as creating a danger to the life or health of…

employment, the employer shall provide reasonable accommodations pursuant to rule 161—8.11(216). [ARC 8199C, IAB 8/21/24, effective 9/25/24]

8.2(1) An employer, employment agency, or labor organization may take action otherwise prohibited under commission rules where the protected basis is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. 8.2(2) Bona fide o…

8.25(1) An employer shall not be required to: a. Hire back an employee following retirement; or b. Hire an applicant for employment whose age is the retirement age under the employer’s retirement plan or benefit system provided that the plan or system is not a mere subterfuge for…

8.3(1) Preemployment inquiries into an applicant’s membership in a protected class are not prohibited so far as necessary to determine an applicant’s bona fide occupational qualification for the position. The burden to show the existence of a bona fide occupational qualification …

9.1(1) Limitation of chapter. All the rules contained herein apply only to: a. Complaints which allege a violation of the prohibitions contained in Iowa Code section 216.8 or 216.8A; b. Complaints which allege a violation of Iowa Code section 216.11 or 216.11A arising out of alle…

9.10(1) Availability; procedures for requests. The commission may serve upon any party a written request for the admission, for purposes of all proceedings relating to the pending complaint only, of the truth of any matters within the scope of rule 161—9.7(216) set forth in the r…

established in all proceedings relating to the pending complaint unless the court or contested case administrative law judge on motion permits withdrawal or amendment of the admission. The court or contested case administrative law judge may permit withdrawal or amendment when th…

purposes. The commission may serve on any party a request: 9.12(1) To produce and permit the commission, or someone acting on the commission’s behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, and other data compilati…

inspected either by individual item or by category and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served…

(including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the presiding officer for discovery may order the party to submit to a physical or mental examination by a health care practitioner or to produce for ex…

9.15(1) If requested by the party against whom an order is made under rule 161—9.14(216) or the person examined, the commission shall deliver a copy of the examiner’s detailed written report setting out the findings, including results of all tests made, diagnosis and conclusions,…

9.16(1) Motion for order compelling discovery. The commission, upon reasonable notice to the party from whom discovery was sought and all persons affected thereby, may move for an order compelling discovery as follows: a. Appropriate officer. A motion to compel discovery shall be…

9.17(1) When depositions may be taken. The commission may take a deposition in an investigation of a complaint of housing discrimination at any time during the pendency of that investigation. 9.17(2) Recording. The administrative law judge charged with the duty of determining pro…

9.18(1) Whenever the commission desires to take the deposition of any person upon oral examination, the commission shall give reasonable notice in writing to the deponent and any party who is to be deposed. The notice shall state the time and place for taking the deposition and t…

9.19(1) Examination; recording examination; administering the oath; objections. Examination of witnesses by the commission may proceed as permitted at the hearing. The commission investigator or other officer before whom the deposition is to be taken shall put the witness under o…

“Party” means any complainants and respondents involved in the complaint of discrimination under investigation. “Presiding officer for discovery” means an administrative law judge employed by the department of inspections and appeals and assigned to render decisions regarding dis…

9.20(1) Where reading or signing not required. No oral deposition reported and transcribed by an official court reporter or certified shorthand reporter of Iowa need be submitted to, read or signed by the deponent. 9.20(2) Submission to witness; changes; signing. In other cases, …

9.21(1) When the deposition is transcribed, the investigator or other officer shall certify on the deposition that the witness was duly sworn and that the deposition is a true record of the testimony given by the witness. Documents and things produced for inspection during the de…

financially interested in the action, an attorney or employee of any party, an employee of any such attorney, or any person related within the fourth degree of consanguinity or affinity to a party, a party’s attorney, or an employee of either of any party.

9.23(1) The commission may issue subpoenas for persons named in and described in a notice to take depositions under rule 161—9.18(216). Subpoenas may also be issued as provided by statute or by rule 161—3.14(216). 9.23(2) No resident of Iowa shall be subpoenaed to attend a deposi…

be paid by the commission.

9.25(1) Notice. All objections to any notice of taking any depositions are waived unless promptly served in writing upon the commission. 9.25(2) Officer. Objection to the commission investigator or other officer’s qualification to take a deposition is waived unless made before su…

in this chapter, other than subpoenas, may be accomplished by the same means as in rule 161—4.6(17A).

under rule 161—9.16(216) are filed and processed in the same manner as appeals under rule 161—4.23(17A). Appeals from other decisions rendered by the presiding officer for discovery are filed and processed in the same manner as appeals under rule 161—4.25(17A).

including those proceedings before the presiding officer for discovery, the commission may be represented by a member of the attorney general’s office. These rules are intended to implement Iowa Code sections 216.5(13), 216.8 and 216.8A. Appendix A Form 1 Request for Assistance A…

“Aggrieved person.” As used in the Iowa civil rights Act provisions relating to discrimination in housing, the term “aggrieved person” includes any person who claims to have been injured by a discriminatory housing practice, or any person who believes that that person will be inj…

housing or real estate practices occurring after July 1, 1991. 9.4(1) Time limitation of rule. This rule applies only to alleged discriminatory housing or real estate practices occurring after July 1, 1991. 9.4(2) Aggrieved person’s direct action in district court. a. Filing of c…

discriminatory practices occurring after July 1, 1991. 9.5(1) Time limitation of rule. This rule applies only to alleged discriminatory housing or real estate practices occurring after July 1, 1991. 9.5(2) Time limit for administrative complaint. A complaint which alleges a discr…

9.6(1) When investigating a complaint of alleged discriminatory housing or real estate practices, the commission may, in addition to any other method of investigation authorized by law, obtain discovery by one or more of the following methods: depositions upon oral examination or…

in accordance with these rules, the scope of discovery is as follows: 9.7(1) In general. The commission may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending investigation, whether it relates to the claim or def…