Iowa Administrative Code

provide financial assistance to projects intended to lead to the adoption of, and integration of, smart technologies into existing manufacturing operations located in the state. [ARC 8454C, IAB 12/11/24, effective 1/15/25]

“Applicant” means a business applying for assistance under the program. “Authority” means the economic development authority created in Iowa Code section 15.105. “Authority’s website” means the information and related content found at www.iowaeda.com and may include integrated co…

must propose a manufacturing 4.0 technology investment that has not been made prior to the date of application and meet all the requirements established in Iowa Code section 15.371(5). For the purposes of determining whether an applicant employs a minimum of 3 employees and no mo…

119.4(1) The authority will develop a standardized application process and make information on applying available on the authority’s website. To apply for assistance under the program, an applicant shall submit an application to the authority in the manner prescribed by the autho…

119.5(1) When applications for financial assistance under the program are reviewed by authority staff or a technical review panel, the criteria below will be considered and the application scored as described. 119.5(2) The criteria under which each application will be scored are:…

119.6(1) The authority will prepare a contract for each award approved by the board. The contract will reflect the terms of the award and may include other terms and conditions reasonably necessary for implementation of the program pursuant to this chapter. 119.6(2) Any substanti…

complete application has been received, an award has been approved by the board, a contract has been executed between the applicant and the authority, and all applicable conditions for disbursement have been met, including the submission of documentation pertaining to the eligibl…

information reasonably requested by the authority in sufficient detail to permit the authority to prepare any reports required by the authority, the board, the general assembly or the governor’s office. [ARC 8454C, IAB 12/11/24, effective 1/15/25] These rules are intended to impl…

“Authority” means the Iowa economic development authority created in Iowa Code section 15.105. “Confidential records” means records, as identified in Iowa Code section 15.118 or 22.7 or any other provision of law, that are not disclosed to members of the public unless otherwise o…

authority other than record systems. These records are routinely available to the public. All or portions of such records may contain confidential information pursuant to Iowa Code section 22.7 or other applicable law. The records are stored by electronic and physical methods. 19…

195.11(1) Require the authority to index or retrieve records that contain information about an individual by that person’s name or other personal identifier. 195.11(2) Make available to the general public records that would otherwise not be available pursuant to Iowa Code chapter…

195.2(1) Location of record. A request for access to an authority record should be directed to the authority at 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50309, or an email address indicated on the authority’s website for the purpose of requesting records. If a request for ac…

records are in addition to those specified for all authority records in rule 261—195.2(15,22). 195.3(1) A person requesting access to a confidential record may be required to provide proof of identity or authority if access to the record is limited to a particular person or class…

195.4(1) A request for confidential treatment must be submitted in writing to the authority and: a. Identify the information for which confidential treatment is sought. b. Cite the legal and factual basis for confidential treatment. c. Identify the name, address, telephone number…

who is the subject of a record may have a written statement of additions, dissents or objections entered into that record. The statement must be filed with the authority, be dated and signed by the person who is the subject of the record, and include the person’s current address …

of the use that will be made of the information, which persons outside the authority might routinely be provided the information collected and identify which parts of the requested information are required and which are optional and will state the consequences of failing to provi…

195.7(1) Disclosure for routine use. In this chapter, “routine use” means the disclosure of a record without the consent of the subject or subjects, for a purpose that is compatible with the purpose for which the record was collected. To the extent allowed by law, the following u…

195.8(1) Authority open records are open for public inspection and copying unless otherwise prohibited by current rule or law. 195.8(2) Certain records identified in rules 261—195.9(15,22) and 261—195.10(15,22), or otherwise maintained by the authority, may be confidential record…

195.9(1) Collection, maintenance, and retrieval. The authority collects personally identifiable information pursuant to Iowa Code provisions relating to the responsibilities of the authority, including but not limited to Iowa Code chapters 15, 15E, 15J, 73, 404A, and 473; Iowa Co…

matters in Iowa Code chapter 17A that relate to procedures for rulemaking. [ARC 8146C, IAB 7/24/24, effective 8/28/24]

196.2(1) General. Inquiries about authority rules and the rulemaking process may be directed to Director, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315. 196.2(2) Comments on proposed rules. Any public comment on a Notice of Intended Acti…

matters in Iowa Code chapter 17A that relate to petitions for rulemaking. [ARC 9139C, IAB 4/16/25, effective 5/21/25]

be directed to Director, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315 or director@iowaeda.com. A petition for rulemaking that substantially conforms to the following form will be considered by the authority: BEFORE THE IOWA ECONOMIC DEV…

rulemaking, the authority may request additional information from the petitioner. The authority may schedule a meeting between the petitioner and the authority. The final decision on whether the circumstances justify the granting of a petition is in the sole discretion of the aut…

declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the authority at Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, Attn: Legal Counsel. Petitions may also …

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 provided promptly to the original petitioner and all intervenors. [ARC 9140C, IAB 4/16/25, effective 5/21/25]

effect as a final order issued in a contested case proceeding. It is binding on the authority, the petitioner, and any intervenors who consent to be bound and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on whi…

authority shall give notice of the petition to all persons not served by the petitioner pursuant to rule

198.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 20 days of the filing of a petition for declaratory order may intervene in a proceeding for a declaratory order. 198.3(2) Any person who files a pet…

The authority may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised. [ARC 9140C, IAB 4/16/25, effective 5/21/25]

made to the address or email address indicated in rule 261—198.1(17A). [ARC 9140C, IAB 4/16/25, effective 5/21/25] 261—198.6(17A) Service and filing of petitions and other documents. 198.6(1) Except where otherwise provided by law, every petition for declaratory order, petition f…

other persons. The authority may require the petitioner to serve the notice on all persons to whom notice is required by any provision of law and provide a written statement to the authority attesting that notice has been provided. [ARC 9140C, IAB 4/16/25, effective 5/21/25]

original petitioner, all intervenors, and authority staff to discuss the questions raised. The authority may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to the authority by any person. [ARC 9140C, IAB 4/16/25, …

198.8(1) The authority shall take action on the petition in the time frame established by Iowa Code section 17A.9(5). 198.8(2) The date of issuance of an order or of a refusal to issue an order is the date of mailing of the order or refusal or date of delivery if service is by ot…

198.9(1) The authority shall not issue a declaratory order if prohibited by Iowa Code section 17A.9(1) and may refuse to issue a declaratory order on some or all questions raised for the following reasons: a. The petition does not substantially comply with the form indicated in r…

“Authority” means the Iowa economic development authority created in Iowa Code section 15.105. “Director” means the same as defined in Iowa Code section 15.102(8). “Person” means the same as defined in Iowa Code section 17A.2(9). “Waiver” means the same as defined in Iowa Code se…

199.10(1) Voiding or cancellation. A waiver is void if the material facts upon which the petition is based are not true or if material facts have been withheld. The authority may withdraw, cancel or modify a waiver if, after appropriate notice and hearing, the authority issues an…

Iowa Code section 17A.9A. [ARC 9141C, IAB 4/16/25, effective 5/21/25]

authority may grant a waiver if the authority finds, based on clear and convincing evidence, all of the factors listed in Iowa Code section 17A.9A(2). [ARC 9141C, IAB 4/16/25, effective 5/21/25]

Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315. If the petition relates to a pending contested case, the petition is filed in the contested case proceeding, using the caption of the contested case. Petitions may be delivered by email to a…

information where applicable and known to the petitioner: 199.5(1) The name, address, and telephone number of the person for whom a waiver is being requested and the case number of any related contested case. 199.5(2) A description and citation of the specific rule from which a w…

receipt. Within 30 days of the receipt of the petition, the authority will provide notice of the pendency of the petition and a copy of the petition or a concise summary of the petition to all persons to whom notice is required by any provision of law. In addition, the authority …

17A.18A regarding contested case hearings apply to the following: 199.7(1) When any petition for a waiver is filed within a contested case; 199.7(2) When the authority so provides by rule or order; or 199.7(3) When required to do so by statute. [ARC 9141C, IAB 4/16/25, effective …

199.8(1) Additional information. Prior to issuing an order granting or denying a waiver, the authority may request additional information from the petitioner relative to the petition and surrounding circumstances. The authority may schedule a meeting between the petitioner and th…

procedures of Iowa Code section 17A.9A(4). [ARC 9141C, IAB 4/16/25, effective 5/21/25]

“Affiliate” means any entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with another entity or person. “Control” as used in this definition means the possession, direct or indirect, of the power to direct …

2.2(1) The authority may debar a person in any of the circumstances listed in Iowa Code section 15.106E(1). The authority will consider the following factors to determine whether debarment is warranted: a. Whether the person had effective standards of conduct and internal control…

2.3(1) Upon receipt of information that a person has engaged in conduct that could constitute cause for debarment, the director will determine whether to debar a person based on all information available to the authority or whether additional information is required to make such …

2.4(1) Debarment will be for a period commensurate with the acts or omissions of the person to be debarred. A person will not be debarred for an initial period that exceeds three years. The authority may impose an additional period of debarment if, prior to the expiration of an i…