Iowa Administrative Code

2.6(1) Application. An application by any person to purchase or otherwise acquire, directly or indirectly, outstanding shares of a state bank which would result in control or a change in control shall be submitted in the format requested by the superintendent and shall, at a mini…

2.7(1) Application. Sample forms and instructions for making application to the superintendent to renew, amend or restate existing articles of incorporation of a state bank will be furnished upon request to the superintendent. State banks desiring to effect a reverse stock split …

effective 11/14/18.

533A shall apply. In addition, unless the context otherwise requires: “Debt management business” means a person that performs debt management as defined in Iowa Code section 533A.1(2) or debt settlement as defined in Iowa Code section 533A.1(3). “Nationwide multistate licensing s…

20.10(1) The superintendent may, at any time and as often as the superintendent deems necessary, investigate a licensee and examine the licensee’s books, accounts, records, and files. 20.10(2) The superintendent may investigate complaints about, or alleged violations by, any lice…

20.11(1) The superintendent has authority pursuant to Iowa Code chapters 533A and 17A to impose discipline for violations of Iowa Code chapter 533A and the rules promulgated thereunder. 20.11(2) Grounds for discipline. The superintendent may impose any of the disciplinary sanctio…

to the following restrictions related to operating a debt management business. 20.13(1) Licensees shall not engage in any of the acts prohibited by Iowa Code section 533A.11. 20.13(2) Licensees may not establish branch locations outside the United States. [ARC 4061C, IAB 10/10/18…

submitted through the NMLS including but not limited to the following: original application information; changes in application information; license renewal information; changes in name, location, and control; and notices of significant events. The applicant or licensee shall pay…

20.3(1) An application for a license to operate a debt management business in Iowa shall be submitted to the superintendent, on the form provided and with the information requested, through the NMLS. The superintendent may consider an application withdrawn if it does not contain …

20.4(1) The superintendent shall approve or deny a license application in accordance with the provisions of Iowa Code section 533A.3. 20.4(2) The following may be considered evidence that the business of the applicant may not be operated lawfully and honestly consistent with the …

20.5(1) To remain authorized to operate a debt management business, a licensee must renew a license before the expiration date of the license. A licensee who fails to renew a license before the expiration date is not authorized to operate a debt management business in Iowa after …

20.6(1) A licensee wishing to change the name or location of a debt management business shall notify the superintendent at least 30 days prior to the requested change. The request shall include proof that the licensee has either obtained a new bond or amended the existing bond to…

and in writing within ten days of the occurrence of any of the following events. 20.7(1) The licensee or any of the licensee’s officers, directors, principal stockholders, or affiliates file for bankruptcy protection or commence reorganization proceedings. 20.7(2) A prosecuting a…

20.8(1) Examination or investigation fees. A licensee shall pay an investigation or examination fee as determined by the superintendent based on the actual cost of the operation of the finance bureau of the banking division, as described in Iowa Code section 533A.10(1). 20.8(2) L…

20.9(1) General record requirements. A licensee must keep records that allow the superintendent to determine the licensee’s compliance with relevant statutes and regulations. a. The licensee may keep the records as a hard copy or in an electronic equivalent. b. The licensee shall…

superintendent, who is an ex officio member and chairperson, and six other members. All members of the council are appointed by the governor.

superintendent, shall be four-year, staggered terms. Beginning May 1, 2005, members shall be appointed by the governor as follows: one member shall be appointed for a one-year term, one member shall be appointed for a two-year term, two members shall be appointed for three-year t…

concerning matters submitted to it by the superintendent pertaining to the administration of the Iowa banking Act.

meets at least once each calendar quarter on such date and at such place as the council may decide. The council generally meets in the office of the superintendent, 200 East Grand Avenue, Suite 300, Des Moines, Iowa 50309-1827, which is also the address to correspond with any of …

previously denied by the superintendent. Rescinded IAB 3/2/05, effective 4/6/05. These rules are intended to implement Iowa Code section 524.205. [Filed 11/22/77, Notice 5/4/77—published 12/14/77, effective 1/18/78] [Filed 1/31/78, Notice 12/14/77—published 2/22/78, effective 3/3…

at the Division of Banking, Attn: Rules Coordinator, 200 East Grand Avenue, Suite 300, Des Moines, Iowa 50309-1827. A petition is deemed filed when it is received by that office. The division must provide the petitioner with a file-stamped copy of the petition if the petitioner p…

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

Division of Banking, Attn: Rules Coordinator, 200 East Grand Avenue, Suite 300, Des Moines, Iowa 50309-1827.

5.4(1) Within 14 days after the filing of a petition, the division must 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 petitioner in the petition, the division must…

banking for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the division of banking, at the Iowa Division of Banking, Attn: Rules Coordinator, 200 East Grand Avenue, Suite 300, Des Moines, Iowa…

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 division of banking, the petitioner, and any intervenors and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the order was base…

division shall give notice of the petition to all persons not served by the petitioner pursuant to 6.6(17A) to whom notice is required by any provision of law. The division may also give notice to any other persons.

6.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within six days of the filing of a petition for declaratory order shall be allowed to intervene in a proceeding for a declaratory order. 6.3(2) Any person wh…

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

to Division of Banking, Attn: Rules Coordinator, 200 East Grand Avenue, Suite 300, Des Moines, Iowa 50309-1827.

6.6(1) When service required. 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 upon each of the parties of record to the proceeding, and on …

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

6.8(1) Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a petition for a declaratory order, the superintendent or the superintendent’s designee shall take action on the petition as required by 1998 Iowa Acts, chapter 1202, section 13(5). 6.…

6.9(1) The division 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 does not substantially comply with the r…

“Agency” means the Iowa division of banking. “Superintendent” means the superintendent of banking.

7.10(1) “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 records law, I…

7.11(1) Consent to disclosure by a subject individual. To the extent permitted by law, the subject may consent in writing to agency disclosure of confidential records as provided in rule 187—7.7(17A,22). 7.11(2) Complaints to public officials. A letter from a subject of a confide…

7.12(1) The subject of a confidential record may file a written request to review confidential records about that person, as provided in rule 187—7.6(17A,22). However, the agency need not release the following records to the subject: a. The identity of a person providing informat…

7.13(1) Open records. Agency records are open for public inspection and copying unless otherwise provided by rule or law. 7.13(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for w…

personally identifiable information that is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 187—7.1(17A,22). The division of banking does not maintain groups of records to be retrieved by individual identifiers. Divis…

describes groups of records maintained by the agency other than record systems as defined in rule 187—7.1(17A,22). These records are routinely available to the public. However, the agency’s files of these records may contain confidential information. In addition, the records list…

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…

7.3(1) Location of records. A request for access to a record should be directed to the office where the record is kept. If the location of the record is not known by the requester, the request shall be directed to the Iowa Division of Banking, 200 East Grand Avenue, Suite 300, De…

7.9(1) Open records are routinely disclosed without the consent of the subject. 7.9(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, will generally occur without …

using a third-party provider operated under the provider’s name or using the state bank’s employees operating in the bank’s own name. Customer deposits picked up by a courier service become deposits of the bank at the time the deposits are picked up by the courier service. 8.10(1…