Iowa Administrative Code

to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver if one is issued. 15.10(1) Board discretion. The final…

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

board will make a submission on the Internet site established pursuant to Iowa Code section 17A.9A for the submission of waiver information. The submission will identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied fo…

withdrawn, canceled, or modified if, after appropriate notice and hearing, the board issues an order finding any of the following: 1. The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propriety or desira…

particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue. [ARC 8447C, IAB 12/11/24, effective 1/15…

its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked. [ARC 8447C, IAB 12/11/24, effective 1/15/25]

may be taken in accordance with Iowa Code chapter 17A. [ARC 8447C, IAB 12/11/24, effective 1/15/25] These rules are intended to implement Iowa Code chapter 17A. [Filed 6/4/04, Notice 4/28/04—published 6/23/04, effective 7/28/04] [Filed ARC 3297C (Notice ARC 3117C, IAB 6/21/17), I…

granting of individual waivers from rules adopted by the board in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific provi…

over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. The board may not waive requirements created or duties imposed by statute. [ARC 8447C, IAB 12/11/24, effective 1/15/25]

17A.9A and are incorporated herein. [ARC 8447C, IAB 12/11/24, effective 1/15/25]

follows: 15.5(1) Contested cases. If the petition relates to a pending contested case, the petition shall be filed in the contested case proceeding, using the caption of the contested case. 15.5(2) Other. If the petition does not relate to a pending contested case, the petition m…

applicable and known to the requester: 1. The name, address, and telephone number of the person or entity for which a waiver is requested, and the case number of any related contested case. 2. A description and citation of the specific rule from which a waiver is requested. 3. Th…

may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the board may, on its own motion or at the petitioner’s request, schedule a telephonic, electronic, or in-person meeti…

within 30 days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law. In addition, the board may give notice to other persons. To accomplish…

regarding contested case hearings apply to any petition for a waiver filed within a contested case and also apply to board proceedings for a waiver when the board so provides by rule or order or is required to do so by statute. [ARC 8447C, IAB 12/11/24, effective 1/15/25]

2.11(1) General. In lieu of the words “(specify the office and address)”, insert “the Chairperson of the Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines, Iowa 50319”. [ARC 3297C, IAB 8/30/17, effective 10/4/17] These rules are intended to implement Io…

2.3(2) Anticipated rule making. In lieu of the words “(commission, board, council, director)”, insert “board of parole”.

2.5(1) Written comments. In lieu of the words “(identify office and address)”, insert “Chairperson of the Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines, Iowa 50319”. [ARC 3297C, IAB 8/30/17, effective 10/4/17]

2.6(2) Mailing list. In lieu of the words “(designate office)”, insert “Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines, Iowa 50319”.

“Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines, Iowa 50319”. In lieu of the words “(AGENCY NAME)”, the heading on the petition form should read “BEFORE THE BOARD OF PAROLE OF THE STATE OF IOWA”.

should read “the Chairperson of the Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines, Iowa 50319”. [ARC 3297C, IAB 8/30/17, effective 10/4/17] These rules are intended to implement Iowa Code chapter 17A. [Filed 2/6/89, Notice 12/28/88—published 2/22/89…

read “board of parole”. In lieu of the words “(designate office)”, the text should read “Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines, Iowa 50319”. In lieu of the words “(AGENCY NAME)”, the heading on the petition form should read “BEFORE THE BOARD…

read “board of parole”. These rules are intended to implement Iowa Code chapter 17A. [Filed 2/6/89, Notice 12/28/88—published 2/22/89, effective 3/29/89] [Filed 5/14/99, Notice 3/24/99—published 6/2/99, effective 7/7/99] [Filed 6/4/04, Notice 4/28/04—published 6/23/04, effective …

parole”.

4.3(1) In lieu of the word “days”, the text should read “20 days”. 4.3(2) In lieu of the words “(designate agency)”, the text should read “the board of parole”. 4.3(3) In lieu of the words “(designate office)”, the text should read “Board of Parole, Jessie Parker Building, 510 Ea…

should read “the Chairperson of the Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines, Iowa 50319”. [ARC 3297C, IAB 8/30/17, effective 10/4/17]

4.6(2) Filing—when required. In lieu of the words “(specify office and address)”, the text should read “Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines, Iowa 50319”. In lieu of the words “(agency name)”, the text should read “board of parole”. 4.6(3) …

parole”.

4.8(1) In lieu of the words “(designate agency head)”, the text should read “chairperson of the board of parole”. 4.8(2) The date of issuance of an order or of a refusal to issue an order is as defined in the contested cases segment of the Uniform Rules on Agency Procedure.

“board of parole”.

“Agency” means the board of parole. “Confidential records” means records as defined under Iowa Code sections 22.7, 22.8, 904.601, 904.602, and 904.603. “Open records” means those records that are defined by Iowa Code section 22.7, 22.8, 904.601, or 904.602 or any other provision …

5.10(1) The subject of a confidential record may file a written request to review confidential records about that person. However, the board need not release the following records to the subject: a. The identity of a person providing information to the agency need not be disclose…

5.11(1) Open records. Board records are open for public inspection and copying unless otherwise prohibited by current rule or law. 5.11(2) Confidential records. Public records as identified in Iowa Code section 22.7 may be kept confidential, unless otherwise ordered by a court, b…

5.12(1) Personally identifiable information. 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 defined in this rule. For each record system, this …

(excluding security), meeting minutes. This rule describes groups of records maintained by the board other than record systems as previously defined. These records are routinely available to the public. However, the board’s files of these records may contain confidential informat…

5.14(1) Require the agency to index or retrieve records that contain information about an individual by that person’s name or other personal identifier. 5.14(2) Make available to the general public records that would otherwise not be available under the public records law, Iowa C…

open records. It also seeks to facilitate sound agency determinations with respect to the handling of confidential records and the implementation of the fair information practices Act. This agency is committed to the policies set forth in Iowa Code chapter 22. Agency staff will c…

5.3(1) Location of record. A request for access to a record should be directed to the office where the record is kept. Records of current inmates, work releasees, and parolees are maintained in the office of the Board of Parole, Jessie Parker Building, 510 East 12th Street, Des M…

from examination. 5.5(5) Request granted or deferred. If a request for confidential record treatment is granted, or if action on such a request is deferred, a copy of the record from which the matter in question has been deleted and a copy of the decision to grant the request or …

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. However, …

5.7(1) Consent to disclose by a subject individual. To the extent allowed by law, the subject may consent in writing to agency disclosure of confidential records. 5.7(2) Complaints to public officials. A letter from a subject of a confidential record to a public official that see…

uses of all agency records: 5.8(1) Disclosure to those officers, employees, and agents of the agency who have a need for the record in the performance of their duties. The custodian of the record may, upon request of any officer or employee, or on the custodian’s own initiative, …

5.9(1) Open records are routinely disclosed without the consent of the subject. 5.9(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Below are instances when disclosure, if lawful, will generally occur without notic…

board’s business office. [ARC 8438C, IAB 12/11/24, effective 1/15/25]

6.2(1) Written communication. Communications by a person other than a victim, as defined in Iowa Code section 915.10, concerning an inmate, parolee, or work releasee should be in writing so that the communication may readily be made a permanent part of the case file. Oral communi…

6.3(1) General. The public may examine and copy public records belonging to the board pursuant to Iowa Code chapter 22 at the board’s business office. An individual wishing to examine or copy a record in person should schedule an appointment with the board’s business office a min…

6.4(1) Public information. Iowa Code section 904.602(1) defines what information regarding individuals receiving services from the department of corrections may be disclosed by the board to anyone who requests such information. 6.4(2) Confidential information regarding inmates an…

are set forth in Iowa Code section 915.10 and are incorporated herein. “Parole interview” means an interview conducted by the board to consider an inmate’s prospects for parole pursuant to Iowa Code section 906.5. [ARC 8439C, IAB 12/11/24, effective 1/15/25]

with the county attorney. The procedures are set out in Iowa Code section 915.12. [ARC 8439C, IAB 12/11/24, effective 1/15/25]