Iowa Administrative Code

available to the parties: 1. Subpoenas for persons, books, papers, records and other real evidence shall be issued to a party or for a party upon request. Applications should be made to the director and the director shall issue all subpoenas for both parties upon request. 2. Disc…

petition the district court for its enforcement. The administrative law judge may also administer oaths and affirmations, take or order that depositions be taken and grant immunity to a witness from disciplinary procedures initiated by the director which might otherwise result fr…

hearing has been served, fails to appear in person at the hearing, the administrative law judge may proceed to conduct the hearing and the respondent shall be bound by the results of such hearing to the same extent as if the respondent were present.

electrical means, or by certified shorthand reporters. Oral proceedings or any part thereof shall be transcribed at the request of any party at the expense of the requesting party. The recording or the stenographic notes of oral proceedings or the transcription thereof shall be f…

accordance with Iowa Code section 17A.11. The administrative law judge shall be in control of the proceedings and shall have the authority to administer oaths, to admit or exclude testimony or other evidence and to rule on all motions and objections. The administrative law judge …

of the administrative law judge, the identity of the primary parties and their representatives, and of the fact that all testimony is being recorded. Hearings shall generally be conducted in the following order, subject to the modification at the discretion of the administrative …

12.16(1) Irrelevant, immaterial and unduly repetitious evidence should be excluded. A finding will be based upon the kind of evidence upon which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if…

12.17(1) The decision rendered by the administrative law judge is a proposed decision and subject to the review provisions of rule 12.19(17A). a. A proposed decision shall be in writing and shall consist of the following parts. (1) Findings of fact. A party may submit proposed fi…

furnished with a copy of any proposed decision or order.

12.19(1) A party dissatisfied with a proposed decision may request the director to review or modify the decision. The department may request review if it is dissatisfied with the proposed decision. The request for review is begun by serving on the director, either in person or by…

conference be held to determine whether the noncompliance matter can be resolved in a just manner in furtherance of the public interest. Neither the director nor respondent is required to use this informal procedure. If the director and respondent agree to negotiate a settlement,…

12.20(1) Within 20 days after issuance of a proposed decision, any party may file an application for a rehearing. The application shall state the specific grounds for rehearing and the relief sought. Within 20 days after issuance of a proposed decision, any party may file an appl…

be in writing and shall consist of the parts as outlined in subrule 12.17(1). A copy of the decision and order shall immediately be sent by certified mail return receipt requested to the administrator of the facility or agency at the business address or may be served as in the ma…

accordance with the Iowa Administrative Procedure Act, from and after the date of the director’s order.

matters, specifically authorized by statute, no party to a contested case or person with a personal interest in that case may communicate directly or indirectly with the administrative law judge, nor shall the presiding officer communicate directly or indirectly with that party o…

requires emergency action, and incorporates the finding to that effect in the order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. These rules are intended to imple…

aggrieved by action of the department of corrections when the right to a hearing is granted by the state or federal law or constitution except as limited herein. A hearing will not be granted when a state or federal law or regulation provides for a different forum for appeals. A …

effectuate compliance, or upon request by the agency or facility pursuant to rule 12.3(17A), the department shall issue an order fixing the time and place for hearing. A written notice of hearing together with a statement of the charges shall be mailed to the administrator of the…

12.5(1) The date, time and place of hearing. 12.5(2) A statement that the party may be represented by legal counsel at all stages. 12.5(3) A statement of the legal authority and jurisdiction under which the hearing is to be held. 12.5(4) A reference to the statutes and rules invo…

OF CORRECTIONS”, and shall be titled: “ANSWER”. The answer shall contain the following information: 1. The name, address and telephone number of the respondent. 2. Specific statements regarding any or all areas of noncompliance which shall be in the form of admissions, denials, e…

procedure or schedule. However, a party may request a continuance no later than ten days prior to the date set for hearing. Within ten days of the date set for hearing, no continuance shall be granted except for extraordinary, extenuating or emergency circumstances. The administr…

judge’s own motion or at the request of the respondent, may hold a prehearing conference. The prehearing conference shall be for the purpose of identifying and premarking exhibits and other documents as well as determining stipulations or other means of limiting the issues of the…

person and have legal counsel before the administrative law judge at the facility or agency administrator’s expense.

unless otherwise stated. The institutions covered by these rules are the Iowa state penitentiary, Fort Madison, the Anamosa state penitentiary, Anamosa, the Iowa correctional institution for women, Mitchellville, the Iowa medical and classification center, Coralville, the Newton …

fee, pursuant to Iowa Code section 904.108. This rule is intended to implement Iowa Code section 904.108(6). [ARC 3929C, IAB 8/1/18, effective 9/5/18; see Delay note at end of chapter; ARC 6431C, IAB 7/27/22, effective 8/31/22]

20.11(1) Every incarcerated individual required by a court order to pay restitution shall have a restitution plan and a restitution plan of payment developed, unless a court-ordered restitution plan has been completed. 20.11(2) The restitution plan of payment shall consider the p…

20.12(1) Furloughs are a privilege, not a right, and may be denied or canceled at any time for reasons deemed sufficient by the warden. Reasons for denial or cancellation shall be given to the incarcerated individual. 20.12(2) Emergency family furlough shall be considered in the …

interviews between the Iowa board of parole and institutional incarcerated individuals. When these meetings are held in correctional institutions, attendance is subject to security and safety regulations as stated herein. Any exception to these rules must have prior approval of t…

20.14(1) Companies under contract to county or state agencies to transport Iowa incarcerated individuals must meet the requirements of this rule to qualify for exemption under Iowa Code section 80A.2. 20.14(2) To comply with the exemption in Iowa Code section 80A.2, the following…

20.15(1) Definitions. “Notification” means mailing by regular mail or providing for hand delivery of appropriate information or papers. However, this notification procedure does not prohibit an agency from also providing appropriate information to a registered victim by telephone…

20.17(1) Home care program. This program allows for selected incarcerated individuals to be released from institutional confinement for a set period of time for the purpose of caring for the incarcerated individual’s immediate family. Release may be to a community correction resi…

9/5/18; see Delay note at end of chapter.

“Class I Disciplinary Report” means the same as a major report and is defined in department policy IO-RD-03. “Class II Disciplinary Report” means the same as a minor report and is defined in department policy IO-RD-02. “Commercially published information or material” means any bo…

20.20(1) Definitions. “Corrections board” means the department of corrections board. “Deputy director of institutions” means the person responsible for operation of institution services. “Director” means the chief executive officer of the department of corrections. “Financial man…

individuals to maintain and strengthen relationships with family members and friends. Though visits are encouraged, institutions’ space, schedules, personnel constraints, treatment considerations, or other safety and security issues of the institutions and their operations may re…

sources will be encouraged and facilitated. Incarcerated individuals have the responsibility in the use of correspondence to be truthful and honest. Institutions have the responsibility to maintain a safe, secure, and orderly procedure for use of the mail by an incarcerated indiv…

individuals. An individual may deposit funds in an incarcerated individual’s account by money order, cashier’s check, or electronic funds transfer. Personal checks and cash will not be accepted. Only money orders and cashier’s checks will be accepted for deposit into an incarcera…

20.6(1) The institution shall allow incarcerated individuals access to publications when doing so is consistent with institutional goals of maintaining internal order, safety, security, and rehabilitation. Publications are additionally governed by the provisions of department of …

20.7(1) When incarcerated individuals are selected to be interviewed and photographed within the institution, either individually or as part of a group, identifiable interviews or pictures shall have the written consent of the incarcerated individual involved as well as prior con…

their intended visit and receive approval for the visit. The prior notice and approval may be waived by the warden or designee for emergencies. 20.8(1) Any guest must agree to comply with the policy and procedures of the institution when signing in at the control center. 20.8(2) …

shall be made directly to the warden or the warden’s designee. The warden or the warden’s designee shall evaluate the donation in terms of the nature of the contribution to the institution program. The warden or the warden’s designee is responsible for accepting the donation and …

2501.2(1) The department finds that policies, procedures and statements that relate only to inmates of a penal institution shall be exempted from the rulemaking process as provided in Iowa Code section 17A.2(11)“k.” 2501.2(2) Policies governing activities of incarcerated individu…

filed, and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying a waiver petition are public records under Iowa Code chapter 22. Some petitions or orders may contain information the department is authorized …

2505.10(1) This rule describes the nature and extent of personally identifiable information that is collected, maintained, and retrieved by the agency by personal identifier in record systems. As used in this rule, “record system” means any group of records, under the control of …

record system. These records are routinely available to the public but may contain confidential information as provided in this chapter. Unless otherwise noted, these records are available on the department’s website or at the department’s central office and are not retrieved by …