Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

The authority has all of the general and specific powers needed to carry out its purposes and duties as provided in this subchapter and to exercise its specific powers under subchapter VIII . 2014 Acts, ch 1080, §20, 78

1. The authority may prohibit a person from receiving an award of financial assistance, or from being selected as a vendor to provide goods or services to the authority in any of the following circumstances: a. An act or omission by the person seriously affects or threatens publi…

1. The duties of the authority under this section shall include but are not limited to the following: a. Develop a process for evaluating state policies, programs, statutes, and rules to determine whether any state policies, programs, statutes, or rules should be revised to help …

1. The director of the economic development authority shall also serve as the director of, and administer the operations of, the authority pursuant to section 15.106C, subsection 1 , paragraph “b” . The director shall not, directly or indirectly, exert influence to induce any oth…

Programs authorized in this subchapter may be combined with any other programs authorized in this chapter or any other public or private programs. 2014 Acts, ch 1080, §50, 78

The authority shall make application to and receive from the United States secretary of agriculture, or any other proper federal official, pursuant and subject to the provisions of Pub. L. No. 81-499, 64 Stat. 152 (1950) , formerly codified at 40 U.S.C. §440 et seq. (1976) , all …

The authority may enter into agreements with the United States secretary of agriculture pursuant to Pub. L. No. 81-499 §2(f) (1950) upon terms and conditions and for periods of time as mutually agreeable, authorizing the authority to accept, administer, expend, and use in the sta…

1. The authority shall publish a notice of intention to issue bonds or notes. After sixty days from the date of publication of the notice, an action shall not be brought questioning the legality of any bonds or notes or the power of the authority to issue any bonds or notes or to…

1. The authority shall submit to the governor and to the general assembly, not later than January 15 each year, an annual report. 2. The annual report shall contain at least three parts which include all of the following: a. A general description of the authority setting forth: (…

1. The authority may make and contract to make loans to lending institutions on terms and conditions the authority determines are reasonably related to protecting the security of the authority’s investment and to implementing the purposes of this subchapter . Lending institutions…

1. The authority may purchase and make advance commitments to purchase mortgage or secured loans from lending institutions at prices and upon terms and conditions as the authority determines. However, the total purchase price for all mortgage or secured loans which the authority …

1. The authority shall develop a beginning farmer loan program to facilitate the acquisition of agricultural land and improvements and depreciable agricultural property by beginning farmers. The authority shall exercise the powers granted to the authority in this chapter in order…

1. As used in this section , “loan” includes but is not limited to mortgage or secured loans; loans insured, guaranteed, or otherwise secured by the federal government or a federal governmental agency or instrumentality, or a state agency or private mortgage insurers; and financi…

As used in this subpart , unless the context otherwise requires: 1. “Agricultural development board” means the agricultural development board created in section 16.2C . 2. “Agricultural lease agreement” or “agreement” means an agreement for the transfer of agricultural assets fro…

1. A beginning farmer tax credit program is established under the control of the authority. 2. The authority and the department shall cooperate in administering the program. The department shall have all rulemaking powers necessary to administer its responsibilities under this su…

1. A taxpayer is eligible to participate in the beginning farmer tax credit program if the taxpayer meets all of the following requirements: a. The taxpayer is a person who may acquire or otherwise obtain or lease agricultural land in this state pursuant to chapter 9H or 9I . How…

1. a. A beginning farmer tax credit is allowed only for agricultural assets that are subject to an agricultural lease agreement entered into by an eligible taxpayer and a qualifying beginning farmer participating in the beginning farmer tax credit program established pursuant to …

Repealed by 2019 Acts, ch 161, §15, 18, 19 . 2019 repeal applies retroactively to January 1, 2019, for tax years beginning on or after that date; for provisions relating to agricultural assets transfer tax credit applications approved before May 21, 2019, applicability of prior t…

1. The deadline for submitting an application to the authority to claim a beginning farmer tax credit is August 1 of each year. The application shall be for a period that is not longer than the term of the lease. 2. a. The authority shall impose, assess, and collect application f…

1. A beginning farmer tax credit is authorized under the beginning farmer tax credit program as provided in section 16.78 . The beginning farmer tax credit is allowed against the taxes imposed in chapter 422, subchapter II , as provided in section 422.11E , and in chapter 422, su…

1. a. Upon approval of an application as provided in section 16.81 , the authority shall make a tax credit award to the eligible taxpayer. The tax credit award shall equal the sum of the tax credits calculated by the authority under section 16.82 for all eligible years under the …

1. The authority may enter into a loan agreement with a beginning farmer to finance in whole or in part the acquisition by construction or purchase of agricultural land, agricultural improvements, or depreciable agricultural property. The repayment obligation of the beginning far…

1. In addition to the other programs authorized pursuant to this subchapter , the authority is authorized to provide any type of economic assistance directly or indirectly to agricultural producers, and may develop and implement programs including but not limited to the making of…

In administering its programs under this chapter , the authority shall comply with all applicable state and federal laws relating to nondiscrimination and affirmative action. [C77, 79, 81, §220.9 ] C93, §16.9 96 Acts, ch 1129, §113 ; 2014 Acts, ch 1080, §22, 78

As used in this subchapter , unless the context otherwise requires, “title guaranty” means a guaranty against loss or damage caused by a defective title to real property. 2014 Acts, ch 1080, §65, 78

1. The authority, through the Iowa title guaranty division, shall initiate and operate a program in which the division shall offer guaranties of real property titles in this state. The terms, conditions, and form of the guaranty contract shall be forms approved by the board. The …

1. Definitions. As used in this section , unless the context otherwise requires: a. “Applicant” means a person authorized to regularly lend moneys to be secured by a mortgage on real property in this state, a licensed real estate broker, a licensed attorney, a participating abstr…

1. The authority, through the Iowa title guaranty division, may issue a closing protection letter to a person to whom a proposed title guaranty is to be issued, upon the request of the person, if the division issues a commitment for title guaranty or title guaranty certificate. T…

1. This chapter may be cited as the “Iowa Administrative Procedure Act” . 2. This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter is meant…

1. Unless precluded by statute, informal settlements of controversies that may culminate in contested case proceedings according to the provisions of this chapter are encouraged. Agencies shall prescribe by rule specific procedures for attempting such informal settlements prior t…

Upon petition by a party in a matter that would be a contested case if there was a dispute over the existence of material facts, all of the provisions of this chapter applicable to contested cases, except those relating to presentation of evidence, shall be applicable even though…

1. a. If the agency or an officer of the agency under whose authority the contested case is to take place is a named party to that proceeding or a real party in interest to that proceeding the presiding officer may be, in the discretion of the agency, either the agency, one or mo…

1. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as in civil actions or by certified mail return receipt requested. However, an agency may provide by rule for the delivery of s…

1. Agencies have all subpoena powers conferred upon them by their enabling acts or other statutes. In addition, prior to the commencement of a contested case by the notice referred to in section 17A.12, subsection 1 , an agency having power to decide contested cases may subpoena …

In contested cases: 1. Irrelevant, immaterial, or unduly repetitious evidence should be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evi…

1. When the agency presides at the reception of the evidence in a contested case, the decision of the agency is a final decision. 2. When the agency did not preside at the reception of the evidence in a contested case, the presiding officer shall make a proposed decision. Finding…

1. A proposed or final decision or order in a contested case shall be in writing or stated in the record. A proposed or final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompan…

1. a. Unless required for the disposition of ex parte matters specifically authorized by statute, a presiding officer in a contested case shall not communicate directly or indirectly with any person or party in connection with any issue of fact or law in that contested case, exce…

1. When the grant, denial, or renewal of a license is required by Constitution or statute to be preceded by notice and opportunity for an evidentiary hearing, the provisions of this chapter concerning contested cases apply. 2. When a licensee has made timely and sufficient applic…

1. Notwithstanding any other provision of this chapter and to the extent consistent with the Constitution of the State of Iowa and of the United States, an agency may use emergency adjudicative proceedings in a situation involving an immediate danger to the public health, safety,…

Except as expressly provided otherwise by another statute referring to this chapter by name, the judicial review provisions of this chapter shall be the exclusive means by which a person or party who is aggrieved or adversely affected by agency action may seek judicial review of …

As used in this chapter : 1. “Agency” means each board, commission, department, officer, or other administrative office or unit of the state. “Agency” does not mean the general assembly or any of its components, the judicial branch or any of its components, the office of consumer…

An aggrieved or adversely affected party to the judicial review proceeding may obtain a review of any final judgment of the district court under this chapter by appeal. The appeal shall be taken as in other civil cases, although the appeal may be taken regardless of the amount in…

If it is determined by the attorney general that any provision of this chapter would cause denial of funds or services from the United States government which would otherwise be available to an agency of this state, or would otherwise be inconsistent with requirements of federal …

Agencies shall have all the authority necessary to comply with the requirements of this chapter through the adoption of rules or otherwise. [C75, 77, 79, 81, §17A.22 ] 2020 Acts, ch 1090, §11

1. Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those created or imposed by every other statute in existence on July 1, 1975,…