Iowa Administrative Code

1, 2026. These rules are intended to implement Iowa Code section 16.5(1)“f.” [Filed 10/4/07, Notice 8/29/07—published 10/24/07, effective 11/28/07] [Filed ARC 0430C (Notice ARC 0287C, IAB 8/22/12), IAB 10/31/12, effective 12/5/12] [Filed ARC 2001C (Notice ARC 1855C, IAB 2/4/15), …

16.1(1) Any person may file a petition with the authority for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the authority at Iowa Finance Authority, 1963 Bell Avenue, Suite 200, Des Moines, I…

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 9153C, IAB 4/30/25, effective 6/4/25]

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

16.3(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. 16.3(2) Any person who files a petit…

The authority may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised. [ARC 9153C, IAB 4/30/25, effective 6/4/25]

to the address or email address indicated in rule 265—16.1(17A). [ARC 9153C, IAB 4/30/25, effective 6/4/25] 265—16.6(17A) Service and filing of petitions and other documents. 16.6(1) Except where otherwise provided by law, every petition for declaratory order, petition for interv…

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 9153C, IAB 4/30/25, effective 6/4/25]

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 9153C, IAB 4/30/25, …

16.8(1) The authority shall take action on the petition in the time frame established by Iowa Code section 17A.9(5). 16.8(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 othe…

16.9(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 ru…

in Iowa Code chapter 17A that relate to procedures for rulemaking. [ARC 8414C, IAB 11/27/24, effective 1/1/25]

17.2(1) General. Inquiries about authority rules and the rulemaking process may be directed to Director, Iowa Finance Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315. 17.2(2) Comments on proposed rules. Any public comment on a Notice of Intended Action or similar d…

“Authority” means the Iowa finance authority created in Iowa Code section 16.1A. “Director” means the same as defined in Iowa Code section 16.1(7). “Person” means the same as defined in Iowa Code section 17A.2(9). “Waiver” means the same as defined in Iowa Code section 17A.9A(5).…

18.10(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 8435C, IAB 12/11/24, effective 1/15/25]

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 8435C, IAB 12/11/24, effective 1/15/25]

Iowa Finance 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 an email addres…

information where applicable and known to the petitioner: 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. 2. A description and citation of the specific rule from which a waiver is req…

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 …

regarding contested case hearings apply to the following: 18.7(1) When any petition for a waiver is filed within a contested case; 18.7(2) When the authority so provides by rule or order; or 18.7(3) When required to do so by statute. [ARC 8435C, IAB 12/11/24, effective 1/15/25]…

18.8(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 the…

procedures of Iowa Code section 17A.9A(4). [ARC 8435C, IAB 12/11/24, effective 1/15/25]

Code section 16.181. 19.1(1) The authority shall allocate funds in the state housing trust fund according to Iowa Code section 16.181 and the following allocation plans: a. The Iowa Finance Authority State Housing Trust Fund Allocation Plan for the Local Housing Trust Fund Progra…

trust fund program and the project-based housing program will be posted on the authority’s website at www.iowafinance.com. The plans incorporate by reference Iowa Code section 16.181. [ARC 9032C, IAB 3/19/25, effective 4/23/25] These rules are intended to implement Iowa Code sect…

any combination thereof, may be awarded or may be carried over to the next year’s cycle of loans at the discretion of the authority. [ARC 0112D, IAB 3/4/26, effective 4/8/26]

forms and in the manner provided by the authority. Inquiries with respect to this program should be made to those persons identified on the authority’s website as contacts for this program. Once contacted with an inquiry, the authority will send an application package to the pote…

under this program based on the following program guidelines: 21.3(1) Projects meeting the following criteria are eligible for assistance: a. In the case of adult day services: (1) Set aside 40 percent of the admissions for those with incomes at or below 40 percent of area median…

of inspections, appeals, and licensing or the division of aging and disability services within the Iowa department of health and human services (or both, as necessary), will analyze and underwrite each potential project and will make recommendations for funding assistance to the …

discretion to award or not award assistance and to approve final loan terms. [ARC 0112D, IAB 3/4/26, effective 4/8/26]

with any time frames set by the authority and to the complete satisfaction of the authority, all in the sole discretion of the authority, the authority may determine to cease work on an approved project and, accordingly, not advance any funds for such project. [ARC 0112D, IAB 3/4…

“Applicant” means a person aged 18 or over who participates in one of the home- and community- based services waiver programs, habilitation services, or Money Follows the Person. “Authority” means the Iowa finance authority created in Iowa Code section 16.1A. “Habilitation servic…

24.2(1) Demonstrated need. An eligible applicant will demonstrate need for rent subsidy by meeting all of the following requirements: a. The applicant will provide a copy of an executed rental agreement showing the applicant as a tenant, with signatures by the landlord and the ap…

applicant shall complete the application and provide all required documentation. For the purposes of this rule, the application date means the date the completed application, including all required documentation, is received by the authority. 24.3(1) The authority will review eac…

24.4(1) Use of subsidy. Assistance shall be used for rental expense. 24.4(2) Maximum monthly payment for rent. Assistance for rent will be equal to the lesser of the rent paid by the recipient or the current applicable fair market rent as published by HUD for the area where the r…

24.5(1) Time of completion. A redetermination of eligibility for rent subsidy payments will be completed annually unless one of the following conditions occurs: a. A change in circumstances that affects eligibility in accordance with rule 265—24.2(16). b. The recipient moves from…

24.6(1) Reasons for termination. The authority may terminate the rent subsidy at the end of a month in which any of the following occur: a. The recipient does not meet one or more of the eligibility criteria listed in rule 265—24.2(16). b. The recipient fails to submit documentat…

chapter 455B, subchapter III, part 5, and is jointly administered by the department and the authority. The authority is primarily responsible for the financial management of the program pursuant to Iowa Code chapter 455B, subchapter III, part 5, and Iowa Code chapter 16, subchapt…

“Authority” or “IFA” means the Iowa finance authority created in Iowa Code section 16.1A. “Clean Water Act” means the same as defined in Iowa Code section 16.131A. “Department” or “DNR” means the Iowa department of natural resources. “Director” means the director of the authority…

26.3(1) Only projects included on state project priority lists developed and maintained by DNR pursuant to 567—Chapters 44 and 90 are eligible for the program. The authority will consider the following when determining whether to provide a loan to an eligible recipient: a. Recipi…

26.4(1) Loan agreements. The authority will prepare a loan agreement after an application has been approved by the authority board. Prior to execution of the agreement, the recipient shall provide an enforceability opinion and, if applicable, a bond counsel opinion as to the stat…

26.5(1) Timing of loan. Prior to a recipient’s execution of a loan agreement for an infrastructure construction loan described in rule 265—26.4(16), funds may be loaned to the recipient to pay for initial eligible costs, including the cost of facility planning and design engineer…

26.6(1) Nonpoint source loan assistance. Loan assistance for nonpoint source projects will be in the form of low-interest loans, linked deposits, or loan participations through participating lending institutions. 26.6(2) Application for loan assistance. Application for loan assis…

26.7(1) The recipient shall maintain records that document all costs associated with the project. The recipient shall provide access to these records to the authority, the department, the auditor of the state of Iowa, the EPA, the Office of the Inspector General at the EPA, or th…

of Federal Regulations in this chapter are as in effect on January 14, 2026. [ARC 9821C, IAB 12/10/25, effective 1/14/26] These rules are intended to implement Iowa Code chapter 455B, subchapter III, part 5, and Iowa Code sections 16.131 through 16.133A. [Filed 1/13/06, Notice 9/…