Chapter 1 Admission Rules Common to the Three State Universities

Iowa Admin. Code r. 681—1.1 Admission of undergraduate students directly from high school

Students desiring admission to the University of Iowa, Iowa State University, or the University of Northern Iowa must meet the requirements in this rule and also any special requirements for the curriculum, school, or college of their choice.

1.1(1) Application. Applicants must submit a formal application for admission, together with the appropriate application fee and have their secondary school provide a transcript of their academic record, including credits and grades, rank in class (when available), and certification of graduation. Applicants may also submit standardized test scores. Applicants whose primary language is not English must also meet the English language proficiency requirement specified by each university. Applicants may be required to submit additional information or data to support their applications.

1.1(2) Admission criteria.

a. A regent admission index (RAI) will be calculated for freshman applicants who submit all components used in the equation below. For purposes of calculating the RAI, the ACT composite score has a top value of 36 (SAT scores or other approved standardized tests will be converted to ACT composite equivalents), high school GPA is expressed on a four-point scale, and number of high school courses completed in the core subject areas is expressed in terms of years or fractions of years of study.

RAI=(3 × ACT composite score)+(30 × high school grade point average)+(5 × number of high school courses completed in the core subject areas)

b. Freshman applicants from Iowa high schools who have an RAI that meets a minimum set by the state board of regents and who meet the minimum requirements of the regent universities will qualify for automatic admission. Freshman applicants who have an RAI below the minimum set by the state board of regents or who do not have all components used in the RAI may also be admitted to a regent university; however, each regent university will review these applications on an individual basis.

1.1(3) Graduates of approved high schools in other states may be held to higher academic standards but must meet at least the same requirements as graduates of Iowa high schools.

1.1(4) Applicants who are graduates of nonapproved high schools will be considered for admission in a manner similar to applicants from approved high schools, but additional emphasis will be given to scores obtained on standardized examinations.

1.1(5) Applicants who are not high school graduates, but whose classes have graduated, may be considered for admission. These applicants will be required to submit all academic data to the extent that it exists and achieve scores on standardized examinations that will demonstrate that they are adequately prepared for academic study.

1.1(6) Early admission.

a. Students with superior academic records may be admitted, on an individual basis, for part-time university study while enrolled in high school or during the summers prior to high school graduation.

b. In rare situations, exceptional students may be admitted as full-time students to a regent university before completing high school. Early admission to a regent university is provided to serve persons whose academic achievement and personal and intellectual maturity clearly suggest readiness for collegiate-level study. Each university will specify requirements and conditions for early admission.

This rule is intended to implement Iowa Code section 262.9(3).

History

• ARC 0417D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—1.2 Admission of undergraduate students by transfer from other colleges

Students desiring admission to the University of Iowa, Iowa State University, or the University of Northern Iowa must meet the requirements in this rule and also any special requirements for the curriculum, school, or college of their choice.

Applicants must submit a formal application for admission, together with the appropriate application fee, and request that each college they have attended send an official transcript of record to the admissions office. High school academic records and standardized test results may also be required. The Test of English as a Foreign Language (TOEFL), or equivalent English proficiency examination as determined by each institution, is required of foreign students whose first language is not English.

1.2(1) Transfer applicants who have earned a minimum of 24 semester hours of graded credit from colleges or universities accredited by an entity recognized by the U.S. Department of Education, attended another college or university after graduating from high school, and achieved for all college work previously attempted the grade point required by each university for specific programs will be admitted. Higher academic standards may be required of students who are not residents of Iowa.

Applicants who have not maintained the grade point required by each university for specific programs or who are under academic suspension from the last college attended may, after a review of their academic and test records and at the discretion of the admissions officers:

a. Be admitted unconditionally,

b. Be admitted conditionally,

c. Be denied admission.

1.2(2) Admission of students with fewer than 24 semester hours of college credit will be based on high school academic records in addition to review of the college record.

1.2(3) Transfer applicants under disciplinary suspension will not be considered for admission until information concerning the reason for the suspension has been received from the college assigning the suspension. Applicants granted admission under these circumstances will be admitted on probation.

1.2(4) Transfer applicants from colleges and universities not accredited by an entity recognized by the U.S. Department of Education will be considered for admission on an individual basis taking into account all available academic information.

This rule is intended to implement Iowa Code section 262.9(3).

History

• ARC 0417D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—1.3 Transfer credit practices

The acceptance and use of transfer credit is subject to limitations in accordance with the educational policies operative at each university.

1.3(1) Students from colleges and universities accredited by an entity recognized by the U.S. Department of Education. Credit earned at colleges and universities accredited by an entity recognized by the U.S. Department of Education is acceptable for transfer except that credit in courses determined by the receiving university to be of a remedial, vocational, or technical nature or credit in courses or programs in which the institution granting the credit is not directly involved may not be accepted or may be accepted to a limited extent.

Of the coursework earned at a two-year college, students may apply up to one-half but no more than 65 hours of the credits required for a bachelor’s degree toward that degree at a regent university except as otherwise agreed to in an articulation agreement.

1.3(2) Students from colleges and universities that have candidate status. Credit earned at colleges and universities that have become candidates for accreditation by an entity recognized by the U.S. Department of Education is acceptable for transfer in a manner similar to that from colleges and universities accredited by an entity recognized by the U.S. Department of Education if the credit is applicable to the bachelor’s degree at the receiving university.

Credit earned at the junior and senior classification from an accredited two-year college that has received approval by an entity recognized by the U.S. Department of Education for change to a four-year college may be accepted by a regent university.

1.3(3) Students from colleges and universities not accredited by an entity recognized by the U.S. Department of Education. When students are admitted from colleges and universities not accredited by an entity recognized by the U.S. Department of Education, they may validate portions or all of their transfer credit. Each university will specify the amount of the transfer credit and the terms of the validation process at the time of admission.

1.3(4) Students from colleges and universities outside the U.S. Transfer credit from educational institutions outside the U.S. may be granted after a determination of the type of institution involved and after an evaluation of the content, level, and comparability of the study to courses and programs at the receiving university. Credit may be granted in specific courses but is frequently assigned to general areas of study.

This rule is intended to implement Iowa Code section 262.9(3).

History

• ARC 0417D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—1.4 Classification of residents and nonresidents for admission, tuition, and fee purposes

1.4(1) General.

a. A person enrolling at one of the three state universities shall be classified as a resident or nonresident for admission, tuition, and fee purposes by the registrar or someone designated by the registrar. The decision shall be based upon information furnished by the student and other relevant information.

b. In determining resident or nonresident classification, the issue is essentially one of why the person is in the state of Iowa. If the person is in the state primarily for educational purposes, that person will be considered a nonresident. An individual could qualify as a resident of Iowa for such purposes as voting, holding an Iowa driver’s license, or Iowa community college residency, and not meet the residency requirements as established by the state board of regents for admission, tuition, and fee purposes.

c. The registrar, or designated person, is authorized to require evidence deemed necessary to determine why a student is in Iowa. The burden of establishing that a student is in Iowa for other than educational purposes is upon the student.

d. Applications for resident classification for a given semester or session are due no later than the fifteenth class day of that semester or session. Applications received after the fifteenth class day of that semester or session will be considered for the next semester or session. Appeals of any nonresident classification decision resulting from applications for resident classifications are due within ten business days of the decision. Change of classification from nonresident to resident will not be made retroactive beyond the term in which application for resident classification is made.

e. A student who gives incorrect or misleading information to evade payment of nonresident fees shall be subject to disciplinary action and must also pay the nonresident fees for each term previously attended.

f. Review committee. These regulations shall be administered by the registrar or someone designated by the registrar. The decision of the registrar or designated person may be appealed to a university review committee. The decision of the review committee may be appealed to the state board of regents.

1.4(2) Guidelines.

a. The following general guidelines are used in determining the resident classification of a student for admission, tuition, and fee purposes:

(1) A financially dependent student whose parents move from Iowa after the student is enrolled remains a resident provided the student maintains continuous enrollment. A financially dependent student whose parents move from Iowa during the senior year of high school will be considered a resident provided the student has not established domicile in another state.

(2) In deciding why a person is in the state of Iowa, the person’s domicile will be considered. A person’s domicile is presumed to be that of the parent(s) or legal guardian unless the person is independent and establishes a separate domicile. A person who comes to Iowa from another state and enrolls in any institution of postsecondary education for a full program or substantially a full program shall be presumed to have come to Iowa primarily for educational reasons rather than to establish a domicile in Iowa.

(3) A student who was a former resident of Iowa may continue to be considered a resident provided absence from the state was for a period of less than 12 months and provided domicile is reestablished.

A person or the dependent of a person whose domicile is established in Iowa, who has been classified as a resident for admission, tuition, and fee purposes, may continue to be classified as a resident so long as domicile is maintained, even though circumstances may require extended absence of the person from the state. It is required that a person who claims Iowa domicile while living in another state or country will provide proof of the continual Iowa domicile.

(4) A student who moves to Iowa may be eligible for resident classification at the next registration following 12 consecutive months in the state provided the student is not enrolled as more than a half-time student (six credits for an undergraduate or professional student, five credits for a graduate student) in any academic year term at any postsecondary institution, is not enrolled for more than four credits in a summer or winter term at any postsecondary institution for any classification, and provides sufficient evidence of the establishment of an Iowa domicile.

(5) A student who has been a continuous student and whose parents move to Iowa may become a resident at the beginning of the next term provided the student is dependent upon the parents for a majority of financial assistance.

(6) A person who has been certified as a refugee or granted asylum by the appropriate agency of the United States who enrolls as a student at a university governed by the state board of regents may be accorded immediate resident status for admission, tuition, and fee purposes when the person:

1. Comes directly to the state of Iowa from a refugee facility or port of debarkation, or

2. Comes to the state of Iowa within a reasonable time and has not established domicile in another state.

Any refugee or individual granted asylum not meeting these standards will be presumed to be a nonresident for admission, tuition, and fee purposes and thus subject to the usual method of establishment of Iowa residency.

(7) An individual who has immigrant status establishes Iowa residency in the same manner as a United States citizen.

(8) At the regent universities, American Indians who have origins in any of the original people of North America and who maintain a cultural identification through tribal affiliation or community recognition with one or more of the tribes or nations connected historically with the present state of Iowa, including the Chickasaw, Iowa, Kickapoo, Menominee, Miami, Missouri, Ojibwa (Chippewa), Omaha, Oneida (Narragansett), Otoe (Otto), Ottawa (Odawa), Potawatomi, Sac and Fox (Sauk, Meskwaki), Sioux, and Winnebago (HoCak, Ho Chunk), will be assessed Iowa resident tuition and fees.

(9) Individuals who have received a homeless youth determination may be classified as residents for tuition and fee purposes.

b. Additional guidelines are used in determining the resident classification of a veteran, a qualified military person, or other qualified individuals for purposes of undergraduate, graduate, professional, or certificate tuition and mandatory fees:

(1) A person who is stationed on active duty at the Rock Island arsenal as a result of military orders, or the child or spouse or domestic partner of such person, is entitled to resident status for purposes of undergraduate, graduate, professional, or certificate tuition and mandatory fees. The child or spouse or domestic partner may be required to submit appropriate documentation to the university.

(2) Iowa National Guard and U.S. Armed Services reserve component service members assigned to a unit physically located in Iowa who have completed their initial entry training requirements or have served for one year are eligible for resident status for purposes of undergraduate, graduate, professional, or certificate tuition and mandatory fees.

(3) Iowa National Guard and U.S. Armed Services reserve component service members attached for a duration of greater than one year to a unit physically located in Iowa are eligible for resident status for purposes of undergraduate, graduate, professional, or certificate tuition and mandatory fees upon proof that the attachment requires moving to a permanent residence within the state of Iowa.

(4) Honorably discharged veterans who have served an aggregate of 90 days or more on Title 10 orders, other than for training, are eligible for resident status for purposes of undergraduate, graduate, professional, or certificate tuition and mandatory fees. All other discharges will be reviewed on a case-by-case basis.

(5) Retired members of the Iowa National Guard who are not Iowa residents are eligible for resident status for purposes of undergraduate, graduate, professional, or certificate tuition and mandatory fees.

(6) Active duty, Title 10, service members and their dependents, including domestic partner, are eligible for resident status for purposes of undergraduate, graduate, professional, or certificate tuition and mandatory fees.

(7) The rules for classification of veterans and qualified individuals shall be in full compliance with all federal laws, including Section 702 of the Veterans Access, Choice, and Accountability Act of 2014 (Choice Act). The qualified individual may be required to submit appropriate documentation to the university.

(8) A person who is moved into the state as the result of military or civil orders from the government for other than educational purposes, or the child or spouse or domestic partner of such a person, is entitled to resident status. The child or spouse or domestic partner may be required to submit appropriate documentation to the university. Legislation, effective July 1, 1977, requires that military personnel who claim residency in Iowa (home of record) will be required to file Iowa resident income tax returns.

This rule is intended to implement Iowa Code section 262.9(3).

History

• ARC 0417D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—1.5 Application fees

Mandatory application fees for admission to the University of Iowa, Iowa State University and the University of Northern Iowa shall be approved by the state board of regents and shall be based on reasonable costs anticipated to be incurred by the institution in processing the application unless otherwise approved by the state board of regents.

This rule is intended to implement Iowa Code section 262.9(3).

[Filed 12/17/58; amended 1/28/59, 5/26/59, 9/15/59, 10/28/59, 9/30/60, 7/12/67,

6/14/72, 5/16/73, 1/16/75, 6/10/75]

History

• ARC 0417D, IAB 7/8/26, effective 8/12/26

Chapter 3 Regents Human Resources Management—merit System Rules

Iowa Admin. Code r. 681—3.1 Covered employees

All merit employees of the board will be covered under the rules of this system in accordance with Iowa Code section 8A.412(5).

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.2 Administration

3.2(1) Under the authority of the board and the supervision of its executive director, a merit system director will be appointed who will be responsible for the development, operation and evaluation of the system in compliance with the objectives and intent of certain provisions, related to merit staff employment and board policies and rules. At each board institution, the chief executive will designate an administrator to serve as resident director. The resident director will be responsible, through the chief executive at the institution, for human resources administration in accordance with these rules. The merit system director shall review the operation of the merit system at each of the institutions and will be responsible for the direction of the merit system and have the authority to ensure the administration of the merit system is consistent with the provision of these rules.

3.2(2) The resident directors keep detailed records on each employee. They will also maintain records on operations conducted under these rules and report summaries to the merit system director as requested. Additionally, they will prepare other reports to ensure compliance with regents, state and federal standards. In collaboration with employing departments, the resident director will establish a program that will provide for the regular evaluations, at least annually, of the performance of all employees consistent with board and institutional policies.

DEFINITIONS

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.3 Definitions

“Active service” is a period of ongoing employment performing the duties of the position.

“Advanced starting rate” is a rate within the pay grade that is greater than the minimum rate of the pay grade for a specific classification as provided for in the approved pay plan.

“Base pay” means the employee’s rate of pay exclusive of any supplemental pay, such as lead worker pay, pay for differentials, pay for special assignment, on-call pay, call back pay, or any other incentive premium pay.

“Board” means state board of regents.

“Certification” means the referral of qualified applicants from an eligibility register to a department for the purpose of making a selection in accordance with these rules.

“Classification” refers to one or more positions that have similar duties and responsibilities. These positions in the group can be given the same job title and require the same minimum qualifications as to education and experience. The same schedule of pay can be applied with equity to all positions in the classification under substantially the same employment conditions.

“Classification appeal” is the act of contesting the classification or reclassification of a position as determined by the merit system director after a review of the duties and responsibilities of the position.

“Classification review” is the process initiated by a permanent employee or department designee requesting review of the classification of the employee’s position.

“Classify” means to assign an appropriate classification based on the duties and responsibilities assigned to the position.

“Days” means calendar days unless designated otherwise.

“Demotion” means a change of an employee from a position in one classification to a position in another classification having a lower pay grade. Demotion may be voluntary, involuntary, or result from a reclassification of a position.

“Department” or “employing department” is a unit or division within a regents institution defined locally by each institution.

“Designee” is an individual who has been selected to act on behalf of a designated authority.

“Grievance” is a dispute or complaint concerning the interpretation or application of merit system or institutional rules governing terms of employment and working conditions.

“Lateral transfer” means a change from a position in one classification to a different position in the same classification or to another classification in the same pay grade.

“Maximum rate” is the final value of the pay grade to which a classification is assigned. A “red-circled” rate is above the maximum.

“Merit increase” is the increment within the pay grade, as established by the board, by which an employee’s pay will be raised at specified times during employment, subject to a satisfactory level of performance.

“Merit system director” is the person appointed by the executive director of the board to administer the merit system rules on behalf of the board.

“Minimum rate” is the minimum value of the pay grade to which a classification is assigned. It is less than an “advanced starting rate.”

“Pay grade” or “grade” is the numerical designation on the pay schedule to which individual classifications are assigned.

“Permanent employee” is an employee who has completed the initial probationary period and thereby acquired permanent status in accordance with the rules of the system.

“Position” means a group of specific duties, tasks and responsibilities assigned to be performed by one employee. A position may be 12 months or less, full-time or part-time, temporary or permanent, or occupied or vacant.

“Premium pay” means a sum of money paid for specific work in addition to the salary or hourly rate.

“Probationary period” is a six-month period to determine an employee’s fitness for the position. A probationary period is required for an original appointment or reemployment to a classification not previously held, a promotion, a voluntary demotion out of series or a lateral transfer out of classification. Employees hired on term appointments, as described in rule 681—3.16(8A), are also subject to a probationary period.

“Promotion” means a change in status of a permanent classified employee from a position in a classification to another position in a classification having a higher pay grade.

“Recall” is the reappointment of an employee who was terminated as a result of (1) layoff or voluntary demotion in lieu of layoff, or (2) medically related disability leave and exhaustion of vacation and medically related disability leave credits, or (3) failure to pass a subsequent probationary period on a promotion, lateral transfer out of classification, or demotion out of series. “Reemployment” may be used in place of “recall.”

“Reclassify” means to make a change in the classification of a position to a higher, lower, or same pay grade based on an assessment of the tasks, duties, and responsibilities of the position or because of an amendment to the assigned pay grade in the classification plan.

“Reduction in force” is a permanent layoff or an involuntary reduction in time resulting from a shortage of funds or work, a material change in duties, or an organization or abolishment of one or more positions.

“Reinstatement” refers to the appointment of merit staff who previously exited in good standing.

“Resident director” is the person appointed by the chief executive of each regents institution to administer the merit system rules at that institution. The resident director may appoint designees authorized to administer the merit system rules.

“Suspension” is an enforced leave of absence with or without pay for purposes of conducting an investigation or as a disciplinary measure.

“Trainee” or “apprentice” is an employee participating in a specified training program during a fixed period of time in order to meet the minimum qualifications required for a classification.

CLASSIFICATION

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.4 Preparation and maintenance of the classification plan

The merit system director, in consultation with the resident directors and subject to the approval of the board, shall develop and maintain a classification plan. This plan will ensure that all positions with similar duties, responsibilities, and levels of difficulty are included in the same class. Each class will have the same minimum qualifications and an equitable pay schedule (except for geographical differences). The plan will include a class title; job definition; descriptions of the work performed; required knowledge, skills, and abilities; and the minimum qualifications for each class.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.5 Administration of the classification plan

The merit system director will direct the uniform administration of the classification plan. Resident directors may recommend new classifications and changes to existing classifications. Employing departments and employees may appeal classification and reclassification in accordance with rule 681—3.24(8A).

The merit system director, in consultation with the resident directors and subject to the approval of the board, may establish new classifications and change or abolish existing classifications that affect the merit system pay plan to meet the needs of the institutions and to properly reflect changes in work. When the changes do not affect the pay plan of the merit system, the merit system director may, in consultation with the resident directors, change existing classifications and report such changes annually to the board. When the classification of a position is changed, the incumbent will be entitled to continue service in the position provided the incumbent meets the minimum qualifications or provided the duties have not changed appreciably. If the incumbent is not eligible to continue, the incumbent may be transferred, promoted, demoted, or laid off in accordance with the rules. Changes in classification will not be used to avoid other provisions of these rules relating to layoffs, promotions, demotions, and dismissal.

COMPENSATION PLAN

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.6 Preparation, content and adoption of the pay plan

The board will adopt a pay plan for all the classes established in the classification plan. The pay plan will consist of numbered grades with minimums and maximums for each grade. The plan is intended to reflect the relative difficulty and responsibility of the work involved in the various classes. This relative difficulty and responsibility of work, in addition to market data that is pertinent to the labor market, will be utilized to assign classifications to pay grades. Market data sources and their application will be approved and administered under the direction of the merit system director. The plan will be uniformly applicable to all regents institutions, except for variances approved on the basis of geographical differences.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.7 Review and revision of the pay plan

At least once each year, the complete pay plan will be reviewed for revision by the board in the same manner and following the same procedure stated in rule 681—3.6(8A). At any time, new classes may be established and other revisions may be made in the plan to reflect proper relationships and to facilitate recruitment and retention. Such changes will be effective after approval by the board and other authority as required by law.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.8 Administration of the pay plan

Within the provisions of these rules, the pay plan will be uniformly administered by the resident directors under the direction of the merit system director for all classifications in the system. Except as otherwise provided in these rules and in the pay plan, all employees will be paid between the minimum and maximum of the pay grade to which the employee’s classification is assigned. Any employee who is approved for participation in a phased retirement program as provided for by state law and regent policy shall have the salary provided under these rules adjusted as specified by such law and regent policy. In instances where more than one rule for pay is applicable, the resident director may apply the rule that is most appropriate for the situation.

3.8(1) Entrance salaries. The entrance salary for an employee in any position under this system will be the minimum salary of the pay grade to which that classification is assigned or in accordance with the approved pay plan, except as provided for the following.

a. Appointment based on a scarcity of qualified applicants. At the request of a resident director and based on economic or employment conditions that make it difficult to recruit at the minimum rate of the pay grade to which a classification of position is assigned, the merit system director may authorize an advanced starting rate. Where such a higher entrance rate is authorized, all employees in the same classification and in the same geographical area, who are earning less than the higher entrance rate, will be increased to that higher rate.

b. Appointment based on exceptional qualifications. An employee whose qualifications substantially exceed the minimum required for the classification or who possess outstanding experience relative to the demands of the position may, at the request of an employing department and upon approval by the resident director, be appointed at a rate higher than the minimum. At the request of the employing department, or at the discretion of the resident director, salaries of similarly qualified employees in the same classification with similar qualifications at the same institution may be adjusted. These appointments along with any salary adjustments made to other employees must be reported to the merit system director.

c. Appointments based on prior service at the institution. An employee who was previously employed by an appointing institution in a nonmerit system position and who performed duties of a similar character and responsibility as the merit classification to which the employee is being appointed may be paid at a rate higher than the minimum, reflecting prior service in a comparable position. Such appointments must be approved by the resident director and reported to the merit system director.

d. Appointments from mergers and acquisitions. An employee who is appointed at a university due to a merger or acquisition should be paid consistent with current pay practices. If the salary of an employee exceeds the maximum salary of the pay range to which the new classification is assigned, at the discretion of the employing department and with the approval of the resident director, the salary may be “red-circled” for a period not to exceed one year. The resident director may request an extension to the merit system director due to special circumstances for a designated period of time.

3.8(2) Merit increases. An employee with satisfactory performance shall be eligible to receive a merit increase upon completion of the employee’s increased eligibility period. The eligibility period shall be 12 months from the merit review date. Merit review date practices shall be established by the resident director at each institution. The resident director may allow for a merit review date at six months from the date of hire for an employee who is appointed and paid at the minimum rate for the employee’s assigned pay grade. Failure to conduct a performance review shall result in the employee being deemed to have performed satisfactorily during this period. No merit increase will be granted above the maximum of the pay grade. Merit increases may be denied or deferred by the employing department based on work performance. An employee whose merit increases are denied or deferred may request additional information from the department regarding the rationale.

3.8(3) Pay on promotion. An employee who is promoted will be moved to the minimum rate of the new grade or to an equal or higher rate in the new grade that is no greater than 5 percent higher than the employee’s current base pay without approval of the merit system director. In no event will the adjustment result in pay above the maximum of the new grade.

If the promotion involves movement to a new grade that is three or more grades higher than the employee’s present grade, the resident director may approve, on written request from the employing department, an increase to the employee’s present base pay of no greater than 10 percent without the approval of the merit system director.

When calculating the promotional increase, any extra pay such as shift differential pay, pay for special assignment, pay for lead worker status, on-call pay, pay for overtime, or pay for call back shall be excluded as part of the employee’s present base pay. Pay on promotion in accordance with the provisions of paragraph 3.8(1)“b” may be authorized by a resident director and will be reported to the merit system director.

3.8(4) Pay on demotion. Upon recommendation by the department head, and with the prior approval of the resident director, the pay of an employee who is demoted will be set at any rate within the new pay grade that does not exceed the rate at which the employee was paid in the position from which the employee was demoted, except as provided in paragraph 3.8(1)“b.”

If the salary of an employee who is demoted as the result of the reclassification of the employee’s position exceeds the maximum salary of the pay range to which the new classification is assigned, at the discretion of the employing department and with the approval of the resident director, the salary may be “red-circled” for a period not to exceed one year. The resident director may request an extension to the merit system director due to special circumstances for a designated period of time.

3.8(5) Pay on reinstatement, recall or return from leave.

a. An employee who is reinstated will be paid at a rate no greater than what the employee was last paid, plus any across-the-board increases that would have occurred during the time of nonemployment, and between the minimum and maximum of the pay grade.

b. An employee who is recalled to the previously occupied class will be paid at a rate no greater than what the employee was last paid, plus any across-the-board increases that would have occurred during the time of nonemployment, and between the minimum and maximum of the pay grade. Reemployment to the previously occupied class from a position taken as a voluntary demotion in lieu of layoff will not be considered a promotion.

c. An employee who is reappointed to the previously occupied position or a position in the same class on conclusion of a leave without pay will be paid in accordance with the provisions concerning pay on recall as provided above.

3.8(6) Pay for special assignment. Provided an employee is granted special assignment in accordance with subrule 3.19(2), the employee will be paid for the duration of such assignment consistent with:

a. Subrule 3.8(3), pay on promotion, if assigned to a classification having a higher pay grade;

b. Subrule 3.8(7), pay on lateral transfer, if assigned to a classification having the same pay grade;

c. The present base pay if assigned to a classification having a lower pay grade.

3.8(7) Pay on lateral transfer.

a. An employee who is transferred from one position to another position in the same classification shall receive no adjustment in base pay except as provided in paragraph 3.8(1)“b”;

b. An employee who is transferred from one position to another position in a different classification but in the same pay grade shall receive no adjustment in base pay, except as provided in paragraph 3.8(1)“b” or as set forth in paragraph 3.8(7)“c”;

c. An employee who is transferred from one classification with a lower or no advanced starting rate to a classification with a higher advanced starting rate shall receive:

(1) An adjustment to the higher advanced starting rate if the base pay prior to lateral transfer is less than the higher advanced starting rate; or

(2) No adjustment in base pay if the employee’s base pay prior to lateral transfer is not less than the higher advanced starting rate.

d. In no case may an employee be paid below the minimum or above the maximum for a classification.

3.8(8) Pay upon change in pay grade of class. If the class is revised and reassigned to a higher pay grade, subrule 3.8(3), pay on promotion, will apply.

If the class is revised and reassigned to a lower pay grade, subrule 3.8(4), pay on demotion, will apply.

3.8(9) Pay for part-time employment. Pay for part-time employment will be proportionately equivalent to the rate for full-time employment.

3.8(10) Pay for exceptional performance. An employee may be given pay for exceptional performance, not to exceed 10 percent of an employee’s current annual salary, at the written request of the employee’s department head with appropriate administrative approval and the prior approval of the resident director. The request will describe the nature of the exceptional job performance for which additional pay is requested, indicate the amount proposed, and specify the source of funds. The award may be based on sustained superior performance or an exceptional achievement or contribution during the period since the employee’s last performance review. To qualify for an exceptional performance award, an employee must have a cumulative performance evaluation exceeding standards and have no individual rating below satisfactory. Payment will be made as a lump sum award and will not change the employee’s established base pay. An employee will be eligible to receive multiple rewards per fiscal year but not to cumulatively exceed 10 percent of the employee’s current annual salary.

3.8(11) Pay for call back. An employee who is called back to the work site after completing the employee’s regular work schedule will be paid for a minimum period of three hours, regardless of the time worked. An employee who is called back and works in excess of three hours will be paid the actual time worked.

3.8(12) Pay for lead worker status. On request of an employing department and with approval of the resident director, an employee who is assigned and performs limited supervisory duties (such as distributing work assignments, maintaining a balanced workload within a group, and keeping attendance and work records) in addition to regular duties may be designated as lead worker in the classification assigned and paid during the period of such designation the employee’s base salary plus a percentage of the employee’s base pay no greater than 5 percent without the approval of the merit system director.

3.8(13) Pay for trainees and apprentices. The schedule of wages for trainees and apprentices will be set at the minimum of the entrance rate of the journey classification and decreased by 3 percent for every year of the program. Each employee whose performance is satisfactory as determined by the employing department will progress by half of the annual increase every six months from the established minimum of the schedule to the entrance rate established for the journey classification at the completion of time established for training or apprenticeship.

3.8(14) Discretionary pay increases for permanent employees. A permanent employee paid within the designated pay grade may be eligible for a discretionary increase to the employee’s present base pay as a result of a market analysis, equity analysis, employment offer or other employment situation. In no circumstance will the adjustment result in pay above the maximum of the pay grade. A resident director shall present the rationale for a discretionary pay increase to the merit system director for approval.

3.8(15) Payment of a shift differential. All employees will be paid a differential for any shift of which four or more hours occur between 6 p.m. and midnight and a shift differential for any shift of which four or more hours occur between midnight and 6 a.m. The amount of the shift differential paid shall be determined by the merit system director and may vary between or within institutions based on geographical or market differences.

3.8(16) Pay for time on-call. At the request of the employer, an employee who is off duty and free to engage in the employee’s own pursuits shall be considered on-call provided that the employee leaves word with the employer where to be reached if needed and the employee is able to report ready for work within a specified time after being contacted by the employer. The rate for on-call pay shall be determined by the merit system director.

3.8(17) Pay on reclassification of position. If a position is reclassified, the incumbent’s pay will be set in accordance with the rules governing pay on demotion, transfer, or promotion, whichever is applicable.

3.8(18) Recruitment or retention payments. A payment to a job applicant or an employee may be made for recruitment or retention reasons. The resident director shall first submit a written explanation to the merit system director prior to any payment being made.

As a condition of receiving recruitment or retention pay, the recipient may be required to sign an agreement to continue employment with the employing department to be commensurate with the amount of the payment. If the recipient is terminated for cause or voluntarily leaves state employment, the recipient may be required to repay the employing department for the proportionate amount of the payment for the time remaining and it will be recouped from the final paycheck. When the recipient changes employment to another state agency, a repayment schedule must be approved by the employing department and the state agency. Recoupment will be coordinated between the state agency and the institution to ensure the proper reporting of taxes.

3.8(19) Emergency payments. When a state of emergency has been declared to exist at an institution, an employee may be given emergency pay at the written request of the employee’s department head with appropriate administrative approval and the prior approval of the merit system director and resident director. The request will describe the nature of the state of emergency, the services provided by the employee in support of the management of or response to the state of emergency, the amount proposed, and the source of funds. Payment will be made as a lump sum award and will not change the employee’s established salary rate.

3.8(20) Payment of a weekend differential. At the request of the resident director and with approval from the merit system director, an employee may be paid a weekend differential for any shift of which four or more hours occur between Saturday at 12 midnight and Sunday at 11:59 p.m. The amount of the weekend differential paid shall be determined by the merit system director and may vary between or within institutions based on geographical or market differences.

3.8(21) Weekend option premium pay. When an employee works the weekend as the employee’s primary schedule, the institution may request premium pay that is part of the employee’s hourly rate. The amount of the premium pay shall be determined by the merit system director and may vary between or within institutions based on geographical or market differences.

3.8(22) Payment for working additional shifts. At the request of the resident director and with approval from the merit system director, when an employee works four or more unscheduled hours at the request of the employer, the employee may be paid an extra shift hourly premium. The amount of the premium paid shall be determined by the merit system director and may vary between or within institutions based on geographical or market differences.

3.8(23) Lump sum payments. At the approval of the resident director, an employee may receive a lump sum payment that does not impact base salary. These payments can be part of the annual salary review process or another designated time. These payments are allowed once per fiscal year and are separate from any other pay practices in the merit rules.

APPLICATION AND EVALUATION

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.9 Applications

Applications for employment will contain no question so formed as to elicit any information prohibited by state or federal statutes, and the truth of statements made on the application will be certified by the applicant. Public announcement of vacancies will be made for ten calendar days. A record of applications for employment will be kept at the institution in their recruitment and hiring system of record for a period of time to be designated by the resident director and pursuant to the institution record retention policies. Each institution may post recruitment announcements for application by employees of that institution only.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.10 Applicant evaluations

Evaluations will be practical in nature, will be constructed to reveal the capacity to successfully perform the job for which the applicant is competing, will be rated objectively, and will be pursuant to federal or state law.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.11 Nature of evaluations

Applicant evaluations may screen for such factors as education, experience, aptitude, knowledge, character, physical fitness, or other qualifications or attributes that enter into the determination of the relative qualification of applicants. The evaluation process must align with federal or state laws and must be approved by each institution’s resident director.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.12 Qualifications

Applicants must meet the qualifications for the classification as indicated in the board classification description, as well as any special qualifications associated with a particular position, which are approved by the resident director. Those applicants who meet the required qualifications shall be eligible for further consideration for hire, transfer or promotion in the position.

APPOINTMENTS AND PROBATION

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.13 Appointments

All appointments under this system will be made in accordance with all federal and state laws and the provisions of these rules, including those concerning certification and selection unless otherwise specified.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.14 Temporary appointments

Temporary appointments may be made and approved by the resident director to provide for services needed on a periodic basis. Appointments may be made without reference to the provision of these rules regarding minimum qualifications, certification, and selection. Employees appointed on this basis will not work more than 1,040 hours in any fiscal year.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.15 Trainee or apprentice appointment

With the approval of the resident director, an institution may advertise a position for a classification designated for trainees or apprentices. When so designated, applicants do not need to meet the minimum qualifications of the classification for permanent appointment. The purpose of the program is to develop the trainee or apprentice to obtain the necessary knowledge, skills, and abilities to perform the work and to meet the minimum qualifications for the classification. At the conclusion of the designated training period or apprenticeship program, the employee must be able to satisfactorily perform the duties and meet the minimum qualifications to move into the regular classification.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.16 Term appointment

When it is known that a particular job, project, grant or contract will require the services of an employee for a limited duration or where funding must be renewed periodically, a term appointment may be made. The initial appointment will not be made for more than two years. Renewals beyond two years may be approved by the resident director on the basis of funding availability or institutional limits on term appointments.

Employees on a term appointment are subject to a probationary period. An employee on term appointment subsequently hired as a regular employee in the same classification is not required to complete an additional probationary period.

Such appointments will not confer to the individual any right of position, transfer, demotion, promotion, or recall, but incumbents shall be eligible for vacation and sick leave, except that a term appointment made for less than 1,040 hours will be considered a temporary appointment under rule 681—3.14(8A) without conferring rights or eligibility for vacation or sick leave.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.17 Permanent appointments

An applicant who is appointed with the approval of the hiring authority designated by each individual institution to a permanent position and who successfully completes a probationary period in accordance with these rules will have permanent status.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.18 Probationary period

3.18(1) Purpose. The probationary period will be an important part of the examination and selection process, and will be used by the employing department to closely observe and evaluate an employee’s work, to train and aid the employee in adjustment to the employee’s position and to reject and dismiss any employee whose performance fails to meet standards.

3.18(2) Duration of probation. An employee on original appointment or who is reinstated or reemployed to a class not previously held will be on probation until the person completes six months of active service in the position to which the employee is appointed. This will be extended by the same number of days for leaves of absence of more than 30 days. If a probationary employee is not dismissed during this time, the person will, at the conclusion of the probationary period, have permanent status in that class. A period of temporary employment immediately preceding a permanent appointment to the same class may, at the request of the employing department, be counted as probationary service.

A permanent employee who is promoted from one class to another, who transfers out of classification, or who demotes out of classification series will serve a period of probation of six months in the position to which the employee is appointed. If the employee is not dismissed during this time, the employee will, at the conclusion of the probationary period, have permanent status in the class.

3.18(3) Dismissal during promotional probation. An employee who is promoted from one classification to another, who transfers out of classification, or who demotes out of classification series and is dismissed during the employee’s probationary period may be placed on the recall list for a previously held classification if, in the judgment of the resident director, the employee may be able to perform satisfactorily in another position.

TRANSFERS, DEMOTIONS AND TERMINATIONS

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.19 Transfers

3.19(1) Reassignments. An employee, with the approval of the resident director, may be reassigned at any time from one position to another in the same class within an institution, except that a probationary employee who is certified to fill the employee’s position on the basis of special qualifications will not be reassigned unless the new position requires the same special qualifications that justified the original certification.

3.19(2) Special assignment. When the services of an employee are temporarily needed in a position in the same or a different class within the institution other than the position to which the employee is assigned, the employee may be given a special assignment, with the prior approval of the resident director and involved departments, to perform the duties of such position for a period not to exceed six months without a change in title or status. In unusual circumstances, an extension of a special assignment for no more than one additional six-month period may be approved by the merit system director on written request from the resident director. Employees will be paid for a special assignment in accordance with subrule 3.8(6).

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.20 Demotion (voluntary)

If an employee wishes to be demoted to a lower classification, the resident director may, upon written request from the employee and with the approval of involved departments, effect such a demotion provided the employee is certified by the resident director as meeting the qualifications required for the lower classification. Voluntary demotion will not be subject to appeal.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.21 Terminations

3.21(1) Reduction in force.

a. Reduction in force will be accomplished in a systematic manner in accordance with these rules; however, the layoff provisions established in this subrule shall not apply to:

(1) Temporary layoffs of less than 25 workdays or 200 hours of work per calendar year;

(2) Interruptions in the employment of school term employees during breaks in the academic year, during the summer, or during other seasonal interruptions that are a condition of employment, with the prior approval of the resident director;

(3) The promotion or reclassification of an employee to a classification in the same or a higher pay grade;

(4) The reclassification of an employee’s position to a classification in a lower pay grade that results from the correction of a classification error, the implementation of a classification or series revision, changes in the duties of the position, or a reorganization that does not result in fewer total positions in the unit that is reorganized;

(5) A change in the classification of an employee’s position or the appointment of an employee to a classification in a lower pay grade resulting from a demotion; and

(6) The transfer or reassignment of an employee to another position in the same classification or to a classification in the same pay grade.

b. An individual whose position is eliminated or reduced in hours may be reassigned to a vacant position in the same classification and institution provided the individual possesses any required special qualifications for the position. If there is no vacant position to which the individual can be reassigned, the individual may accept layoff with recall priority as provided in paragraph 3.21(1)“n.” If the individual directly affected does not accept layoff, the reduction in force procedures in this subrule shall be implemented.

c. Reduction in force will be made by classification.

d. Reduction in force may be made by organizational unit within an institution or institutionwide, as designated by the institution, provided such designation is reported to the merit system director before the effective date of the reduction.

e. The order of reduction in force will be by type of appointment as follows: temporary, trainee, initial probationary, permanent.

f. Each permanent employee affected by a reduction in force will be notified in writing of the layoff and the reasons for it at least 28 days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.

g. There will be competition among all employees in the classification affected by the layoff based on a retention points system of all employees in the classification within the organizational unit or units affected. Retention points will be calculated as follows:

(1) Length of service credit will be allowed at the rate of one point for each month of service in a permanent position, whether full- or part-time. Any period of 15 calendar days of service (including any legally protected leave, paid or unpaid) in a month will be considered a full month. For the purpose of computing length of service credits, the institution will include all periods of regular merit employment during periods of continuous regular appointments with the institution between the date of the original appointment and the date of the layoff or as provided otherwise by law. Periods of leave without pay exceeding 30 days will not be counted unless protected by federal or state law.

(2) Performance evaluation deduction will be allowed at the rate of one point for each month of unsatisfactory service. No length of service credit will be allowed for service rated less than satisfactory. If there is no record of performance evaluation for a specific time period, it shall be presumed that the employee’s performance is satisfactory.

(3) Reduction in force retention points will be the total of length of service, less any deduction for unsatisfactory performance.

h. Employees will be placed on the layoff list beginning with the employee with the greatest number of retention points at the top. Layoffs will be made from the list in reverse order unless the employee with the least retention points has special skills and abilities required to perform in the position currently occupied. An employee with greater retention points who must vacate the employee’s position must possess the special skills and abilities required for that position and meet any job-related selective certification required for that position. Copies of the computation of retention points will be made available to affected employees. One copy will be retained by the resident director and one copy will be forwarded to the merit system director at least ten days prior to the effective date of the layoff.

i. When two or more employees have the same total of retention points, the order of termination will be determined by giving preference for retention to the employee with the longest time in the classification.

j. The reduction in force plan approved by the merit system director will be made available by the resident director so that employees directly impacted will have access to it.

k. An affected employee may appeal a reduction in force by filing, within seven days after notification as provided in paragraph 3.21(1)“f,” a written grievance with the resident director (at Step 3 of the grievance procedure provided in rule 681—3.25(8A) or at a comparable step of a procedure approved under subrule 3.25(1)). If not satisfied with the decision rendered at that step, the employee may pursue an appeal in accordance with the grievance procedure.

l. A supervisory employee, defined as a public employee who is not a member of a collective bargaining unit and who has authority, in the interest of a public employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other public employees, to direct such public employees, or to adjust the grievances of such public employees, or to effectively recommend such action, may not replace or bump a junior employee not being laid off. For purposes of this subrule, “junior employee” means an employee with fewer retention points than a supervisory employee.

m. A permanent employee in a nonsupervisory classification in which layoffs are to be effected may, in lieu of layoff, elect voluntary demotion to a position in the next lower nonsupervisory classification in the same series utilized at the institution or, in the absence of a lower nonsupervisory classification in the same series, to a nonsupervisory classification that the employee has formerly occupied while in the continuous employment of the institution. The employee must possess any special qualifications required and have the ability to perform the essential functions of the position. Such demotion or the occupying of a formerly held nonsupervisory classification will not be permitted if the result thereof would be to cause the layoff of a permanent employee with a greater total of retention points. To exercise the right of voluntary demotion or to occupy a formerly held nonsupervisory classification in lieu of layoff, the employee must notify the resident director in writing of such election not later than five calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions will have the right of election as provided herein.

n. An employee who is laid off or who accepts a voluntary demotion in a series or assignment to a previously held classification in lieu of layoff may, at the employee’s request, initiate recall priority for the classification from which the employee was laid off, a lower classification(s) in the same series from which the employee was laid off, and a classification formerly occupied in accordance with rule 681—3.22(8A) for a period of up to one year from the date of layoff. If recall occurs within one year of separation due to reduction in force, prior service credit shall be restored. Acceptance of recall in a lower classification in the same series from which the employee was laid off or in a previously held classification will not affect the employee’s recall priority for the classification from which the employee was laid off.

o. Recall priority will utilize the retention points calculated in accordance with subrule 3.21(1), beginning with the person with the highest number of points as applied in the following order:

(1) If the vacancy occurs in a layoff unit in which the employees eligible for recall in a classification were last employed, the resident director will refer the employee with the greatest number of retention points who was laid off, was demoted or took a medically related disability leave from that layoff unit; or

(2) If the vacancy occurs in the layoff unit other than the one in which employees eligible for recall priority in a classification were last employed, the resident director will refer the employee with the greatest number of retention points on the list from a different layoff unit. Employees referred with recall priority must meet the qualifications for the position, including any special qualification requirements. Employing departments must evaluate any eligible employees with recall priority before considering other applicants.

3.21(2) Reserved.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.22 Recall lists

Recall lists will consist of the names of permanent employees who have been laid off or demoted in lieu of layoff or who are able and qualified to return to work following a medically related disability leave in accordance with paragraph 3.21(1)“i” and rule 681—3.26(8A) or in accordance with subrule 3.18(3). These lists will be maintained in order by retention points calculated in accordance with the rules for reduction in force, beginning with the person with the highest number of points. Recall rights apply only to classifications for which the employee is eligible in accordance with these rules.

3.22(1) Removal of names from recall lists. The resident director may permanently or temporarily remove names from recall lists for the following reasons:

a. Upon receipt of notification from an applicant that the applicant no longer desires consideration for a position in the classification.

b. Appointment to fill a permanent position.

c. Failure to respond within five working days to the written inquiry of the resident director relative to availability for appointment.

d. Declination of an appointment that an applicant previously indicated the applicant would accept.

e. Failure to appear for a scheduled employment interview or to report for duty within a reasonable time specified by the employing department.

f. Failure to maintain contact with the resident director as evidenced by the return of a properly addressed unclaimed letter or other evidence.

g. Willful violation of any of the provisions of these rules.

3.22(2) Duration of recall lists. The names of employees who have not been appointed or otherwise removed from lists will be removed at the termination of the period of time designated by the resident director.

3.22(3) Precedence of eligibility lists. Recall lists will supersede other applicants.

DISCIPLINARY ACTIONS

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.23 Disciplinary actions

Disciplinary action will be reasonable, timely and related in severity to the seriousness of the offense; however, this will not preclude reasonable penalties of varying severity for an accumulation of offenses.

3.23(1) Suspension. The employing department may, for cause, suspend any employee for such length of time as the department head considers appropriate, not to exceed 30 days. The employing department will inform the affected employee of the suspension and the reasons therefor in writing within 24 hours of the time the action is taken. A copy of the suspension will be sent by the department to the resident director and will be maintained in the employee’s official record. An employee may appeal the action directly to Step 2 of the grievance procedure specified in rule 681—3.25(8A) or to a comparable step in a grievance procedure approved in accordance with subrule 3.25(1). If not satisfied with the decision rendered at that step, an employee may pursue the employee’s appeal in accordance with the grievance procedure.

3.23(2) Reduction of pay within grade. An employing department may, for cause, reduce the pay of an employee to a lower rate of pay within the pay grade assigned to the classification. The department will notify the affected employee of the reduction, the reasons therefor and the duration thereof in writing within 24 hours of the time the action is taken. A copy of the reduction notice will be sent by the department to the resident director and will be maintained in the employee’s official record. An employee may appeal the action directly to Step 2 of the grievance procedure specified in rule 681—3.25(8A) or a comparable step in a grievance procedure approved in accordance with subrule 3.25(1). If not satisfied with the decision rendered at that step, an employee may pursue the employee’s appeal in accordance with the grievance procedure.

3.23(3) Demotion. An employing department may, for cause, demote an employee to a vacant position in a lower classification provided the employee meets the qualifications for that lower classification. The department head will notify the affected employee of the demotion and the reasons therefor in writing within 24 hours of the time the action is taken. A copy of the notice of demotion will be sent by the department to the resident director and will be maintained in the employee’s official record. An employee may appeal the action directly to Step 2 of the grievance procedure specified in rule 681—3.25(8A) or a comparable step in a grievance procedure approved in accordance with subrule 3.25(1). If not satisfied with the decision rendered at that step, an employee may pursue the employee’s appeal in accordance with the grievance procedure.

3.23(4) Discharge. A department head may, for cause, discharge any employee. The department head will notify the affected employee of the discharge and the reasons therefor in writing within 24 hours of the time the action is taken. A copy of the notice of discharge will be sent by the department to the resident director and will be maintained in the employee’s official record. An employee may appeal the action directly to Step 2 of the grievance procedure specified in rule 681—3.25(8A) or a comparable step in a grievance procedure approved in accordance with subrule 3.25(1). If not satisfied with the decision rendered at that step, an employee may pursue the employee’s appeal in accordance with the grievance procedure.

3.23(5) Eligibility for rehire. An employee discharged for misconduct or unsatisfactory performance may be determined to be ineligible for reemployment with the same institution. The former employee will be promptly notified and may request review of the reason for disqualification. Such request shall be in writing, and upon receipt, the resident director will give full consideration to the request for review and notify the applicant of the resident director’s decision in writing.

GRIEVANCES AND APPEALS

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.24 Reviews of position classification

A permanent employee or department designee may request a position classification review in written form. The employee’s or designee’s request will be forwarded to the college or division with a recommendation from the department head within 14 days of the date of the request. The college or division will forward the request to the resident director within 14 days. The resident director shall provide a recommendation to the merit system director within 20 working days. The merit system director or designee shall provide a decision within 20 working days to the resident director who will inform the employee and department designee. If the employee or department is not satisfied with the merit system director’s decision, the employee or designee may appeal the decision in writing within seven days of the decision to a qualified classification appeal committee appointed in accordance with the procedures approved by the board.

The classification appeal committee will conduct such investigation as it deems necessary to determine the proper classification of the position and will notify the involved parties of its decision within 45 days from receipt of the appeal. Any further requests for review of the same position must be presented to the resident director in compliance with this rule and will be considered a new classification review. A new classification review will not be allowed for one year following the final decision on a request for review unless there have been substantial changes in the duties and responsibilities of the position. An appeal will be considered based on the duties and responsibilities assigned at the time of the original classification review, and in no case will the assignment of additional duties and responsibilities following the resident director’s investigation of the original request for review be considered during the process of appeal as outlined above.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.25 Grievances

Disputes or complaints by permanent employees regarding the interpretation or application of institutional rules governing terms of employment or working conditions (other than general wage levels) or the provisions of these merit system rules (other than disputes whose resolution is provided for in rule 681—3.24(8A)) will be resolved in accordance with the following procedure, except at institutions where a varied procedure has been approved by the merit system director in accordance with subrule 3.25(1). Employees in an initial probationary period will be allowed access to the grievance procedure as outlined below, with the exception of dismissal during probation that cannot be appealed. A university representative may permit an oral presentation at any step if the university representative deems an oral presentation necessary. At each step of the grievance procedure, the employee may be represented by one or two coworkers of the employee’s choosing. The name of such representatives will be noted on the written grievance and on each subsequent appeal. Presentations, reviews, investigations, and hearings held under this procedure may be conducted during working hours, and employees who participate in such meetings will not suffer loss of pay as a result thereof.

If an employee does not appeal a decision rendered at any step of this procedure within the time prescribed by these rules, the decision will become final. If a university representative does not reply to an employee’s grievance or appeal within the prescribed time, the employee may proceed to the next step. With the consent of both parties, any of the time limits prescribed in these rules may be extended.

Step 1. An employee will first discuss the employee’s problem with their immediate supervisor. It is presumed the majority of issues will be resolved at this point. If the employee is dissatisfied after such discussion, the employee may, within 14 days after the occurrence of the matter leading to the grievance or within 14 days after such time the employee has, or could reasonably be expected to have, knowledge of such occurrence, file a written grievance with their department head or designee. A written grievance will contain a brief description of the complaint or dispute and the pertinent circumstances and dates of occurrence. It will specify the university or merit system rule allegedly violated and will state the corrective action desired by the employee. The grievance will be signed and dated by the employee. The department designee will review the grievance and notify the employee of the decision in writing within 14 days after receiving the grievance.

Step 2. If the employee is not satisfied with the decision of the department head or designee, the employee may within seven days after receiving that decision, appeal it to the dean of the college or the head of the major operating division or designee(s) in which the employee is employed. The dean or the division head and the resident director or designee(s) will jointly represent the university at this step of the appeal procedure. The appeal will be in writing and will include all of the information included in the initial grievance and subsequent appeals, all the decisions related thereto, and any other pertinent information the employee may wish to submit. The appeal will be signed and dated by the employee.

The dean of the college or head of the division and the resident director or designee(s) will investigate the grievance and may affirm, reverse, or modify the decision of the department head. The university representative will notify the employee of their decision in writing within 14 days after receiving the appeal.

Step 3. If the employee is not satisfied with the decision rendered at Step 2 of the grievance procedure, the employee may within seven days after receiving that decision appeal it to the chief administrator of the institution. The appeal will be in writing and will include all of the information included in the initial grievance and subsequent appeals, all decisions related thereto, and any other pertinent information the employee may wish to submit. The appeal will be signed and dated by the employee.

The chief administrator or the chief administrator’s designee will investigate the grievance and may affirm, reverse, or modify the decision rendered at Step 2. The university representative will notify the employee of their decision in writing within 14 days after receiving the appeal.

Step 4. If the employee is not satisfied with the decision rendered under Step 3 of the grievance procedure, the employee may within seven days after receiving that decision request a hearing before an arbitrator. Such a request will be in writing, will include all of the information included in the initial grievance and subsequent appeals, all of the decisions related thereto, and any other pertinent information the employee may wish to submit.

The appeal will be signed and dated by the employee and will be directed to the merit system director who will arrange for a hearing before an arbitrator as prescribed under subrule 3.25(2). The arbitrator will be expected to render a decision within 30 calendar days following the conclusion of the hearing.

The merit system director shall have the right to rule whether a case is grievable and arbitrable under the merit system. The merit system director shall have the right to refuse to refer to arbitration any grievance not found to be in full compliance with these rules involving the grievance procedure. The board shall retain jurisdiction to review decisions of the merit system director as to whether a matter is grievable or arbitrable upon appeal by an employee.

3.25(1) Institutional grievance procedure. An institution may develop a grievance procedure for all or a segment of its employees that varies from the procedure prescribed in rule 681—3.25(8A) provided that such a procedure begins with discussion between the employee and the employee’s immediate supervisor and provides for a final hearing in accordance with Step 4 of the grievance procedure prescribed herein. This institutional procedure will incorporate all the rights provided employees in this chapter, will be made known to the employees to whom it applies, and must be approved by the merit system director. In the absence of an approved institutional procedure, the procedure prescribed in rule 681—3.25(8A) will apply.

3.25(2) Appeals. The board will approve the use of a single arbitrator in hearing an appeal. The selection of the arbitrator shall be made from a panel of arbitrators as referred from the Federal Mediation and Conciliation Service or the Iowa employment appeal board with a preference for those Iowans so certified.

The arbitrator will hear a dispute appealed to the last step of the grievance procedure and render a decision thereon subject only to review by the courts.

The arbitrator will establish procedures for the conduct of the hearing in a fair and informal manner that will afford each party reasonable and ample opportunity for case presentation and to rebut the presentation of the other. The arbitrator will be expected to render a decision to the involved parties and to the board within the prescribed time.

LEAVES OF ABSENCE

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.26 Sick leave

An employee who is transferred, promoted or demoted from one position to another position under this system will not lose any accumulated sick leave as a result thereof.

A permanent employee who has recovered after exhausting all accumulated sick leave and vacation time and has a medical release to return to work will, at the employee’s request, be given recall priority consistent with subrule 3.21(1), effective with the date the employee was released to return to work.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.27 Family care and funeral leave

An employing department will, when satisfied by evidence presented, grant an employee time off with pay:

1. Not to exceed three days for each occurrence in the case of death in the employee’s immediate family;

2. Not to exceed one day for each occurrence for service as a pallbearer at the funeral of a person not a member of the employee’s immediate family; and

3. Not to exceed 40 hours a year for the care of or necessary attention of ill or injured members of the employee’s immediate family. An employee may carry over up to 40 hours of unused family care leave to the next year, for a maximum utilization of 80 hours in the next year.

All such time off will be charged to the employee’s sick leave and will not be granted in excess of the employee’s accrued leave. For the purpose of this rule, “immediate family” is defined as the employee’s spouse, children, grandchildren, foster children, stepchildren, legal wards, parents, grandparents, foster parents, stepparents, brothers, foster brothers, stepbrothers, sons-in-law, brothers-in-law, sisters, foster sisters, stepsisters, daughters-in-law, sisters-in-law, aunts, uncles, nieces, nephews, first cousins, corresponding relatives of the employee’s spouse, and other persons who are members of the employee’s household.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—3.28 Leave of absence without pay

In the best interests of the institution and its employees and with approval of the resident director, a department head may grant an employee’s requests for a leave of absence without pay for up to one year. With the same approval, such a leave may be extended for no more than one additional year.

On conclusion of a leave of absence without pay, an employee, if qualified, will be returned to the position from which the employee was granted leave or to another position in the same class. If such a position no longer exists, the layoff provisions of these rules will take effect.

[Filed 7/24/95, Notice 6/7/95—published 8/16/95, effective 9/20/95]1

[Filed 5/11/71; amended 7/12/71, 7/13/71,

6/14/72, 7/17/72, 9/21/72, 8/17/73, 8/15/74, 11/4/74, 3/11/75]

[Filed 7/24/95, Notice 6/7/95—published 8/16/95, effective 9/20/95]1

Effective date of 9/20/95 for amendments to 681—3.14(19A), definition of “Probationary period”; 3.39(12); 3.102(1), delayed 70 days by the Administrative Rules Review Committee at its meeting held September 13, 1995. Delay lifted by this Committee November 13, 1995, effective November 14, 1995.

History

• ARC 0418D, IAB 7/8/26, effective 8/12/26
• Amended 7/13/71, 7/17/72, 9/21/72
• Emergency amendment filed 10/23/75—published 11/3/75, effective 10/23/75

Chapter 4 Traffic and Parking at Universities

Iowa Admin. Code r. 681—4.1 Purpose

The purpose of these rules is to provide for the policing, control and regulation of traffic and of parking vehicles on the campuses of the State University of Iowa, Iowa State University and the University of Northern Iowa.

History

• ARC 0419D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—4.2 Definitions

For the purpose of these rules, the following definitions shall apply unless the context clearly requires otherwise, and all other words shall have meaning according to their common usage.

“Appointed authority” means the person or entity designated by the president of a university to perform any function or duty required or permitted hereunder.

“Bicycle” means any vehicle having two or three wheels and fully operable pedals that is a traditional bicycle designed solely to be pedaled by the rider. An electric/battery-powered bicycle designed not only to be pedaled by the rider but also propelled by an electric motor of less than 750 watts (one horsepower) may be treated as a bicycle.

“Campus” means all property under the control of a university.

“Employee” means any person regularly employed by a university who is not a student.

“Guest” means any person other than a person living at the designated residence hall.

“Handrail” means any railing intended to provide physical support to a pedestrian.

“Immobilization” of a bicycle consists of restricting the bicycle’s use by detaining it at the point of infraction with a university locking device.

“Impoundment” of a bicycle consists of removing the owner’s locking device, transporting the bicycle to a university facility, and detaining it with a university locking device.

“In-line skates” means any frame or shoe with a single row of wheels that is used for gliding or skating. In-line skates are also known as Rollerblades.

“Motorcycle” means any vehicle that is self-propelled, has fewer than four wheels in contact with the ground, and is not a bicycle or a motorized mode of transportation. For purposes of these rules, mopeds and motorized bicycles propelled by an electric motor of 750 watts (one horsepower) or more are considered motorcycles.

“Motorized modes of transportation” are any wheeled devices that are designed to be stood upon when riding or that have a seat and footrests in place of the floorboard and are powered by an electric/motorized motor. For purposes of these rules, these would include but are not limited to electric scooters, electric skateboards (includes one-wheel models), and Segways.

“Motor vehicle” means any vehicle that is self-propelled, has four or more wheels in contact with the ground, and is not a motorized mode of transportation.

“Roller skates” means any frame or shoe with a pair of small wheels near the heel and near the toe that is used for gliding or skating.

“Skateboard” means any board or platform with attached wheels used for individual transportation. For purposes of these rules, a nonmotorized scooter (a board with a handle) is considered a skateboard.

“Street furniture” is any structure or accessory in a university pedestrian area or slow zone designed for the benefit of pedestrians. This includes but is not limited to benches, tables, lampposts, and trash receptacles.

“Student” means any person registered with the university for academic credit who is not employed by the university on a full-time salaried or equivalent basis.

“University,” unless specifically indicated herein, means the state University of Iowa, Iowa State University or the University of Northern Iowa.

“Vehicle” means any wheeled or treaded device used or designed for use as a means of transportation or conveyance of persons or property.

“Visitor” means any person who owns, operates or parks a vehicle on the university campus who is not a student or an employee.

History

• ARC 0419D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—4.3 General traffic

4.3(1) The appointed authority may establish rules governing traffic violations and the safe operation of all vehicles, including motor vehicles, motorcycles, motorized modes of transportation, skateboards, in-line skates, roller skates, and bicycles, on institutional roads and property as the appointed authority deems necessary. Such traffic rules shall be available for inspection during business hours at the office of the appointed authority and the state board of regents. Traffic violations may also be charged and prosecuted as violations of Iowa Code chapter 321 and section 262.68. All state of Iowa motor vehicle laws are in effect on campus.

4.3(2) The appointed authority shall erect speed limit signs on institutional roads and property.

4.3(3) The appointed authority is delegated authority to make temporary changes in traffic patterns, including establishment of one-way roads and road closures, where necessary because of construction or special events being held on campus.

4.3(4) The appointed authority is delegated authority to erect traffic control signs and devices and to designate the following areas: pedestrian crosswalks; bicycle lanes; no bicycling, skateboard, in-line skating and roller skating areas; bicycle dismount zones; and pedestrian-only areas. The appointed authority is also delegated authority to restrict access to campus roads, parking lots and other facilities by means of gates or other barriers. Roads or portions of roads may be closed to vehicle traffic or limited to specific vehicles. Access to restricted areas is limited to established gate openings or designated entrances, and no other means of access is permitted. Moving or driving around authorized barriers is prohibited. All vehicle operators must obey all signs directing traffic flow on campus.

4.3(5) Pedestrians shall be given the right-of-way at all crosswalks or when in compliance with existing traffic controls.

4.3(6) Driving of motor vehicles, motorcycles, and motorized modes of transportation on university property other than roads is prohibited unless specific areas have been designated for such use by the appointed authority or special permission has been granted by the appointed authority.

4.3(7) Driving of motor vehicles and motorcycles on parts of institutional roads marked as bicycle lanes or on designated bicycle paths is prohibited.

4.3(8) The appointed authority is delegated authority to have the university public safety department investigate accidents that occur on university property.

4.3(9) Every person riding a bicycle, roller skates, skateboard, in-line skates, or motorized modes of transportation on a street or highway on campus is granted all the privileges and is subject to all the regulations applicable to a driver of any motor vehicle on that street or highway and to the special regulations of this subrule.

a. A bicycle rider on campus must:

(1) Obey the instructions of official traffic control devices, signs and signals applicable to motor vehicles unless otherwise directed by a peace officer or other authorized traffic director;

(2) Obey the direction of any sign whenever authorized signs are erected indicating that no right, left or U-turn is permitted;

(3) Obey the regulations applicable to pedestrians when the bicycle rider dismounts from the bicycle;

(4) Yield the right-of-way to all vehicles approaching on a street whenever a rider is on a separate bicycle path that intersects the street;

(5) Not use campus sidewalks except those specifically designated as bicycle paths;

(6) Yield the right-of-way to any pedestrian in a designated crosswalk;

(7) Not ride on lawns.

b. This subrule does not apply to peace officers of the university’s department of public safety while they are acting within the scope of their regularly assigned duties.

4.3(10) Roller skates, in-line skates, and skateboards are permitted on campus sidewalks. Roller skates, in-line skates, and skateboards may be carried into university buildings, but they may not be ridden in university buildings. Bicycles, motorized modes of transportation, motorcycles, and motor vehicles are not permitted on campus sidewalks or in university buildings unless approved by the appointed authority. No vehicles may be used or ridden on stairways, sub-walks, elevated sidewalks, access ramps, steps, retaining walls, handrails, street furniture or other architectural elements; on or in planting, grass or seeded areas; or where otherwise prohibited by sign, peace officer or other authorized traffic director. All vehicles must yield the right-of-way to any pedestrian and any wheelchair or other mobility assistance device for the disabled.

History

• ARC 0419D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—4.4 Registration

4.4(1) Students. Every motor vehicle and motorcycle that is operated or maintained by a student on campus must be registered with the university, and a registration identification must be displayed on such vehicles in the manner prescribed by the appointed authority. A student must register the motor vehicle or motorcycle within 48 hours of initial operation of such vehicles on campus.

4.4(2) Employees. Motor vehicles and motorcycles owned or operated by employees may be registered with the university if the employee so desires, but registration of such vehicles is not required unless the employee desires parking privileges on the campus. A registration identification may be issued for display on such vehicles registered by employees.

4.4(3) Visitors. Motor vehicles and motorcycles owned or operated by visitors may be registered with the university if the visitor so desires, but registration of these vehicles is not required unless the visitor desires parking privileges on campus or the visitor needs temporary or extended access to parking lots. A registration identification shall be displayed on motor vehicles and motorcycles registered by visitors in the manner prescribed by the university.

4.4(4) Procedure. Applications for registration shall be submitted to the appointed authority in the manner the appointed authority prescribes. No student shall register any motor vehicle or motorcycle owned or maintained by another student. No fee shall be charged for registration without parking privileges.

4.4(5) Bicycles. Each university may prescribe additional policies regarding the registration of bicycles.

History

• ARC 0419D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—4.5 Parking facilities

The university may set aside and designate certain areas of the campus for the parking of motor vehicles, motorcycles, motorized modes of transportation, and bicycles, and the use of any lot, ramp, or part of the parking facilities so established may be restricted to students, employees, or visitors. The appointed authority shall cause signs to be erected and maintained clearly identifying those areas of the university campus designated for vehicle parking, and any restrictions applicable thereto shall be conspicuously posted.

4.5(1) Parking control devices. Gates and other devices may be installed and maintained to control access to any parking facility.

4.5(2) Parking meters. Parking meters, toll houses, mobile parking applications, and other devices may be installed and maintained to regulate the use of any parking facility.

4.5(3) Hours of operation. Reasonable hours shall be established by the university for the normal operation of the parking facilities, and a schedule of hours of operation shall be published and available for public inspection in the office of the appointed authority.

4.5(4) Closing. The appointed authority may temporarily close any parking facility for cleaning, maintenance or other university purpose or may temporarily restrict or reassign the use of any facility as may be necessary or convenient. The appointed authority shall give advance notice of such temporary closing, restriction, or reassignment by posting or otherwise when practical. No parking fees will be refunded during the temporary closing of a parking facility.

4.5(5) Restricted zones. The appointed authority may designate areas of the campus as restricted zones, such as loading zones or service vehicle zones, and such restricted zones shall be conspicuously posted. No parking shall be permitted in such restricted zones except as authorized.

4.5(6) No parking. Motor vehicle, motorcycle, and motorized mode of transportation parking on the campus shall be restricted to designated parking facilities, and no parking for motor vehicles, motorcycles, or motorized modes of transportation shall be permitted at any other place on the campus.

a. Vehicles shall not be parked in such a manner as to block or obstruct sidewalks, crosswalks, driveways, roadways, or designated parking stalls.

b. No parking is permitted in prohibited zones, such as in the vicinity of fire hydrants or fire lanes, and such zones shall be conspicuously posted or marked by painted curbs or other standard means.

c. No parking is permitted on grass or other vegetation or in pedestrian areas.

d. Motor vehicles are not allowed in university buildings except:

(1) Where a shop or garage is designated as a vehicle repair or storage area;

(2) Where there is a designated vehicle loading area; or

(3) Where there is a parking ramp or deck.

e. Improper parking is parking in any place on campus other than those areas designated for parking.

f. Improper parking is parking incorrectly in designated parking areas. Improper parking includes but is not limited to:

(1) Parking in an area restricted by signs;

(2) Parking without an appropriate permit;

(3) Parking in an area designated for persons with disabilities;

(4) Parking in a loading zone over the time limit; and

(5) Parking over a stall marker line.

4.5(7) Motorcycle parking. The appointed authority may designate areas of the parking facilities for motorcycle parking, and such areas shall be conspicuously posted. Motorcycles shall be parked only in areas designated for motorcycle parking, and no other vehicles shall be parked in such areas. The university may require that a parking permit be displayed on all motorcycles.

4.5(8) Bicycle parking. The appointed authority may install and maintain bicycle parking racks or designate other facilities for bicycle parking. Bicycles shall be parked only in bicycle racks or other facilities designated for bicycle parking. Bicycles may not be taken inside university buildings except as approved by the appointed authority. Locking devices on improperly or illegally parked and abandoned bicycles may be cut and removed when necessary.

4.5(9) Abandoned bicycles. Bicycles considered abandoned may be labeled for impending impoundment by placing impoundment tags on the bicycles. If the bicycles display the proper registration decals, an attempt will be made to contact the owners to remove the bicycles. If the bicycles do not display the proper registration decals, the owners have two weeks to contact the parking and transportation office from the time the bicycles are tagged until the bicycles may be impounded.

History

• ARC 0419D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—4.6 Parking privileges

Students, employees, and visitors may be granted parking privileges on the campus in accordance with these rules and upon such other reasonable terms and conditions as may be established by the university.

4.6(1) Students. Students may be granted parking privileges in parking facilities designated for student use. Optional plans and facilities may be offered as determined by the appointed authority. Reasonable classifications may be established on the basis of a student’s age, class, college or department, course load, proximity of the student’s residence to the campus, disability, employment, the availability of facilities, or any other relevant criterion to determine the eligibility of students for parking privileges or any optional plan or facility.

4.6(2) Employees. Nonstudent employees may be granted parking privileges in parking facilities designated for employee use. Optional plans and facilities may be offered as determined by the appointed authority. Reasonable classifications may be established on the basis of an employee’s job classification, length of service, place of work or the nature thereof, or disability; the availability of facilities; or any other relevant criterion to determine the priority of employees for assignment of parking privileges or any optional plan or facility.

4.6(3) Visitors. Visitors may be granted parking privileges in parking facilities designated for visitor parking. Optional plans and facilities may be offered as determined by the appointed authority. Reasonable classifications may be established on the basis of the time, duration or purpose of the visit; disability; the availability of facilities; or any other relevant criterion to determine the eligibility of visitors for parking privileges or any optional plan or facility.

4.6(4) Persons with disabilities. Persons with disabilities will be granted parking privileges in parking facilities designated for use by persons with disabilities.

4.6(5) Procedure. Applications for parking privileges shall be submitted to the appointed authority in the manner the appointed authority prescribes. No student shall apply for parking privileges for any vehicle owned or maintained by another student. The appointed authority shall determine the eligibility and priority of each applicant for parking privileges within the classifications established in subrules 4.6(1), 4.6(2) and 4.6(3) and shall make all parking assignments. A parking permit or other means of identification may be issued to each applicant who is granted parking privileges, and such permit or other identification must be displayed on the vehicle in the manner prescribed by the appointed authority. Parking permits are not transferable. Parking privileges shall not be granted to a student and to an employee or visitor for the same vehicle, and a student parking permit and an employee or visitor parking permit shall not be displayed on the same vehicle. The unauthorized possession, use, alteration, forging or counterfeiting of a parking permit, or any portion thereof, is prohibited. The appointed authority shall adopt a procedure to replace lost, stolen and destroyed parking permits and controlled access entry cards.

4.6(6) Parking fees. The university may assess and collect from students, employees, and visitors reasonable fees or charges for parking privileges and the use of parking facilities. The amount of such fees and charges shall be established by the university and approved by the state board of regents, and a schedule of all parking fees and charges shall be published and available for inspection during normal business hours in the office of the appointed authority and in the office of the state board of regents. Parking fees and charges may be assessed and collected on an annual, semester, monthly, daily, or hourly basis. Parking fees and charges may be added to student tuition bills and may by agreement be withheld from the salaries or wages of employees by payroll deduction. Parking fees and charges may be collected by means of parking meters, toll houses, and mobile parking applications. Use of any parking facility constitutes an implied agreement to pay the prescribed fee or charge therefor.

4.6(7) University business. Special parking privileges may be granted for vehicles being used on official university business on the conditions and in the manner prescribed by the appointed authority.

4.6(8) Responsibility. Any person who maintains, owns or operates a vehicle that is parked on the campus or in whose name the vehicle is registered or to whom parking privileges have been granted is responsible for the proper parking of the vehicle at all times when it is on the campus and for all parking violations involving the vehicle.

4.6(9) Liability. Parking privileges granted hereunder constitute a license to use university parking facilities and do not constitute a lease of such facilities or a bailment of the vehicle by the university. Use of university parking facilities is at the owner’s or applicant’s risk, and the university shall not be liable or responsible for loss of or damage to any vehicle parked on the campus.

4.6(10) Revocation. Parking privileges on the campus may be revoked by the university for good cause at any time upon five days’ written notice and refund of any advance payment of parking fees or charges on a pro rata basis for the revoked period.

History

• ARC 0419D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—4.7 Violations

Sanctions may be imposed for violation of traffic, registration and parking rules as follows.

4.7(1) Notice of violations. The university shall give written notice of all parking violations. Such notice may be given by means of a notice of parking violation placed conspicuously on the offending vehicle or provided in an alternative manner as determined by the appointed authority, and such notice shall constitute constructive notice of the violation to the owner and operator of the vehicle and to any person in whose name the vehicle is registered or parking privileges have been granted.

4.7(2) Sanctions. Reasonable monetary sanctions may be imposed upon students, employees, and visitors for violation of university traffic, vehicle registration or parking rules. The amount of such sanctions shall be established by the university and approved by the state board of regents, except sanctions established by statute will be imposed at the current statutory amount. A schedule of all sanctions for traffic violations, improper registration and parking shall be published and available for public inspection during normal business hours in the office of the appointed authority and in the office of the state board of regents. Traffic, registration, and parking sanctions may be assessed against the owner or operator of the vehicle involved in each violation or against any person in whose name the vehicle is registered or parking privileges have been granted and charged to the person’s university account. Registration and parking sanctions may be added to student tuition bills or may be deducted from student deposits or from the salaries or wages of employees or from other funds in the possession of the university.

4.7(3) Impoundment and immobilization. Any vehicle parked on the campus in violation of parking rules may be impounded, removed or immobilized. The university shall give written notice of impoundment to the owner of the vehicle or to the person in whose name the vehicle is registered or parking privileges have been granted, or notice may be provided in an alternative manner as determined by the appointed authority. A reasonable fee may be charged for the cost of impoundment and storage, which fee must be paid prior to the release of the vehicle by the university or by contract with private operators. Impounded vehicles that are not claimed within 60 days will be deemed abandoned property and may be sold under procedures set forth in Iowa Code chapter 579, and the proceeds of the sale will be applied to the payment of the costs of impoundment, storage and sale. The balance, if any, shall be sent to the owner.

a. Immobilization. Immobilized bicycles bearing proper registration permits may be claimed by proving ownership and payment of immobilization fees and any fines. Immobilized bicycles not bearing proper registration permits may be claimed by proving ownership, registering the bicycle under a valid name and address, and paying the appropriate fines and immobilization fees. Immobilization fees for first-time offenders may be waived after immobilized bicycles have been registered. Immobilized bicycles not reclaimed after two working days may be impounded.

b. Impoundment. Impounded bicycles bearing proper registration permits may be claimed by proving ownership and paying the impoundment fees and any fines. Impounded bicycles not bearing proper registration permits may be claimed by proving ownership, registering the bicycles under a valid name and address, and paying the appropriate fines and impoundment fees. Impoundment fees for first-time offenders may be waived after impounded bicycles have been registered. All impounded bicycles will be held for 60 days, during which time they may be claimed by the owners upon payment of all outstanding fines and charges. After 60 days, all unclaimed impounded bicycles will be deemed abandoned property and sold pursuant to Iowa law, and the proceeds applied to the costs of impoundment, storage and sale. The balance, if any, shall be sent to the owner, if known.

4.7(4) Administrative hearing. Students and employees may request a hearing and administrative ruling concerning a controversy, based on the imposition of a sanction for a registration or parking violation, or an impoundment procedure, by the appropriate university official or hearing body as set forth in university policy. Visitors may request the appointed authority to conduct a hearing and issue an administrative ruling in such cases.

4.7(5) Judicial review. Judicial review of an administrative ruling may be sought in an Iowa district court in accordance with the terms of the Iowa administrative procedure Act.

History

• ARC 0419D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—4.8 Administration of rules

The president of the university shall be responsible for the proper administration of these rules. The president is authorized to establish traffic and parking procedures not inconsistent with these rules as may be reasonably necessary and convenient for the effective administration of presidential duties hereunder, and any procedure so established shall be published and available for public inspection during normal business hours in the office of the appointed authority and in the office of the state board of regents. The president may delegate authority under these rules to the appointed authority or to any other person designated by the president to perform any function or duty hereunder.

History

• ARC 0419D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—4.9 Effect of rules

These rules constitute a condition of registration as a student at the university and a condition of employment as an employee of the university. Registration as a student or acceptance of employment constitutes an acceptance of these rules and an agreement to pay all prescribed fees and monetary fines imposed in accordance with these rules.

History

• ARC 0419D, IAB 7/8/26, effective 8/12/26

Chapter 5 State Hygienic Laboratory

Iowa Admin. Code r. 681—5.1 Scope of services

5.1(1) Scientific. The laboratory provides analytical and reference services, surveillance information, disaster and terrorism response, population data, microbiological, biological, and chemical examinations and other investigations in the areas of disease, newborn and maternal screening, fieldwork and the assessment of environmental quality.

5.1(2) Consultative. The professional staff of the laboratory provide regulatory review, consultative assistance, and data interpretation and evaluation of environmental effects and scientific needs to persons, agencies, and organizations with interest or involvement in public and environmental health.

5.1(3) Education and training. As part of the laboratory’s academic mission, staff of the laboratory provide education and training for professional colleagues, educators, students, citizens, policymakers and anyone interested in public and environmental health through appropriate educational methods.

5.1(4) Applied research. The laboratory conducts scientific research designed to solve practical problems and to translate basic research to improve public and environmental health.

History

• ARC 0420D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—5.2 Specimens examined

5.2(1) Classification. This being the state public health and environmental laboratory, specimens submitted to it should have a direct or probable significance that is actionable for public health, medical management, or the quality and preservation of the environment.

5.2(2) Who may submit specimens.

a. Licensed physicians, osteopathic physicians, and other licensed practitioners may submit specimens for the diagnosis and control of communicable or other diseases in which such tests are required by the state department of public health.

b. Veterinarians may submit animal specimens involving diseases of animals that are communicable to humans.

c. The department of health and human services may submit specimens as stated in Iowa Code section 263.8(2). Other programs, services, and studies may be negotiated on a contractual basis.

d. The natural resources department may submit specimens necessary in the conduct of its fundamental responsibilities relative to municipal water supplies. Other programs, services, and studies may be negotiated on a contractual basis.

e. Other state agencies, institutions, and municipalities may submit specimens, generally under a contractual arrangement if the submission is to be of a regular or routine nature.

f. Local departments of health may submit specimens when performing official functions of state regulatory agencies. The examination of other specimens necessary in the support of locally directed programs are provided only with prior clearance and cost negotiations.

g. Private individuals may submit specimens to address infectious disease or environmental concerns.

h. Privately owned industries and businesses may submit specimens for environmental studies by prior arrangement with the laboratory on a fee-based contractual basis.

i. Public schools may submit specimens at the discretion of the school nurse, consulting physician, principal, or upon recommendations of the local department of health.

j. Any agency, organization, business or individual impacted by a natural disaster may submit specimens that require testing to ensure health and safety.

k. First responders, hazmat teams, the Radiological Emergency Response Team, the 71st Civil Support Team, the FBI, the United States Postal Service and any other officially recognized law enforcement or terrorism response agency may submit samples for identification and confirmation of potential weapons of mass destruction (WMD) according to the Iowa Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Response Protocol.

History

• ARC 0420D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—5.3 Charges

5.3(1) Specimens for which the fee may be waived or deferred by the laboratory:

a. Specimens submitted relating to diseases communicable from human to human, from animals to human, provided such examinations are required by rules of the state department of public health.

b. Specimens submitted under statutory authority by state agencies or designees of state agencies that are involved in investigations or episodes challenging the health of the public or the quality of the environment. Expenses caused by emergency testing may be eligible for subsequent reimbursement.

c. Any specimen when there is probable cause that a direct threat to public health exists. Such tests may qualify for subsequent reimbursement.

d. Specimens submitted related to the confirmation or identification of potential WMD according to the Iowa CBRNE Response Protocol.

5.3(2) Specimens for which fees are charged:

a. Specimens submitted under no statutory authority that are part of special investigations or surveillance programs and where there is no direct threat to the public health or environmental quality.

b. Specimens submitted for the submitter’s private information.

c. Specimens submitted by private concerns and municipalities that are product quality control measures and, therefore, a cost of doing business.

d. Specimens not covered by statute, by rules of the department of health and human services, by rules of the department of natural resources or by this subrule may be examined and charged for at rates to be determined by the laboratory subject to any limitations imposed by law.

History

• ARC 0420D, IAB 7/8/26, effective 8/12/26

Chapter 7 Equal Employment Opportunity

Iowa Admin. Code r. 681—7.1 Definitions

“Bona fide occupational qualification” means a qualification reasonably necessary to the normal function of a position in the operation of a particular business. The concept of the bona fide occupational qualification is narrow in scope and will not be applied to include the mere preference or convenience of the employer.

“Protected class” shall mean any group that is legally protected from discrimination under Iowa Code chapter 216 or applicable federal law.

History

• ARC 0421D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—7.2 Equal employment opportunity

7.2(1) Nondiscrimination in employment. The state board of regents and all institutions under the jurisdiction of the state board of regents shall appoint, assign, and advance employees on the basis of merit and fitness. Each institution under the jurisdiction of the state board of regents shall promulgate a written policy of nondiscrimination in employment.

7.2(2) Personnel administration. The state board of regents office and all institutions under the jurisdiction of the state board of regents shall regularly review its personnel practices and procedures with a view to correcting personnel practices and procedures that may contribute to discrimination in appointment, assignment, or advancement. Each institution shall conduct programs of job orientation and provide training and organizational structure for upward mobility and shall place emphasis upon fair practices in employment. Each institution shall also bar from all employment application forms any inquiry as to protected class unless it relates to a bona fide occupational qualification.

History

• ARC 0421D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—7.3 Contract compliance

7.3(1) Equal employment opportunity. The state board of regents and all institutions under the jurisdiction of the state board of regents are responsible for the administration and promotion of equal opportunity in contracts and services and the prohibition of discriminatory and unfair practices within any program administered by institutions under the jurisdiction of the state board of regents receiving or benefiting from state financial assistance in whole or in part. Every official responsible to the state board of regents who is authorized to make contracts or subcontracts for construction or for goods or services shall cause to be inserted into every such contract or subcontract a clause in which the contractor or subcontractor is prohibited from engaging in discriminatory employment practices in violation of federal and state laws, regulations, and executive orders that pertain to equal employment opportunity.

7.3(2) Procedures. Any individual aggrieved by a contractor’s alleged noncompliance with the state board of regents equal employment opportunity policy may file a complaint with the institutional office designated for receiving and investigating complaints of discrimination. Complaints shall be investigated in accordance with established institutional policies and procedures.

7.3(3) Bidding requirement. All construction specifications shall include, in the “instruction to bidders,” the following paragraph: “Bidders shall file with each bid a completed state board of regents equal employment opportunity data reporting form as included in the specifications or certify on the certificate of reporting that they have filed their annual equal employment opportunity data reporting form with the state board of regents equal opportunity compliance office.”

History

• ARC 0421D, IAB 7/8/26, effective 8/12/26

Chapter 9 Policies, Practices and Procedures

Iowa Admin. Code r. 681—9.1 Uniform rules of personal conduct

9.1(1) Rules of personal conduct. The acts of misconduct defined in this subrule apply at the universities governed by the state board of regents. The universities are authorized to adopt other definitions of misconduct in addition to those in this rule. Any person, student, member of the faculty or staff, or visitor who intentionally commits, attempts to commit, or incites or aids others in committing any of the following acts may be subject to disciplinary action:

a. Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other university or university-authorized function or event.

b. Unauthorized occupation or use of or unauthorized entry into any university facility.

c. Physical abuse or the threat of physical abuse against any person on the campus or at or during any university-authorized function or event, or other conduct that threatens or endangers the health or safety of others.

d. Theft of or damage to property of the university or of a person on the campus or at or during any university-authorized function or event.

e. Interference with the right of access to university facilities or with any other lawful right of any person on the campus.

f. Setting a fire on the campus or at or during any university-authorized function or event without proper authority.

g. Use or possession of firearms, ammunition, or other dangerous weapons, substances, or materials, or of bombs, explosives, or explosive or incendiary devices except as expressly authorized by the university or applicable law on the property or during any university-affiliated function or event.

h. Participation in a riot or unlawful assembly, or failure to disperse, as defined by state law, whether such acts occur on or off the campus.

i. Violation of any rule of conduct promulgated by the university.

9.1(2) Sanctions.

a. Any student or member of the faculty or staff who is found to have violated any of the rules of personal conduct set forth in rule 681—9.1(262) may be sanctioned up to and including suspension, expulsion, or termination of employment.

b. A person who applies for reinstatement to or reemployment by the university following a sanction of expulsion or termination may be denied reinstatement or reemployment if it is found that such person has committed any acts of misconduct specified in rule 681—9.1(262). A person denied reinstatement or reemployment under this subrule may seek further review of the decision in accordance with established university procedures.

c. Any sanction imposed under subrule 9.1(2) shall have operative effect at all universities.

9.1(3) Emergency power.

a. The president is authorized to declare a state of emergency to exist at the institution upon a determination that violent actions or disruptive activities at the university are of such a nature as:

(1) To present a clear and present danger to the orderly processes of the university or to persons or property on the campus, and

(2) To require extraordinary measures to:

1. Safeguard persons or property at such institution, or

2. Maintain educational or other legitimate institutional functions.

b. The state of emergency shall cease to exist automatically 48 hours after it is declared unless the president, after reviewing the situation, determines that the state of emergency should be extended, such determination to be made under the standards established in subparagraphs 9.1(3)“a”(1) and “a”(2). Each extension shall be for a maximum period of 48 hours with a new determination being made for each extension. The president may declare the state of emergency to be over before the 48-hour period has run.

c. As soon as feasible after declaring a state of emergency, the president shall notify the state board of regents of actions taken.

d. Upon a finding by the president as set forth in paragraph 9.1(3)“a,” the president is authorized to take such action as may be necessary to eliminate or alleviate a clear and present danger to the orderly processes of the university and to safeguard persons or property at the university or to maintain educational or other legitimate university functions, including barring a particular person or persons from the campus.

9.1(4) Sanctions under emergency power. Any person who is found to have knowingly violated a presidential order issued as contemplated in subrule 9.1(3) may be disciplined, up to and including expulsion or termination from the university.

9.1(5) Constitutional rights. The foregoing rules shall be construed so as not to abridge any person’s constitutional rights under the First Amendment of the Constitution of the United States.

History

• ARC 0422D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—9.2 Transfers

9.2(1) Transfers among regent institutions. Admission is denied if the applicant currently is under disciplinary suspension or has been dismissed from one of the other regent universities for violation of the state board of regents’ rules of personal conduct and is not eligible to reenter. Further, if such transfer applicant is currently on probation for having violated the state board of regents’ rules of personal conduct at one university, the applicant, if admitted to another regent university, is admitted on probation.

9.2(2) Transfers from nonregent institutions. If the application for admission or the transcript from another institution shows that the applicant is not eligible to reenroll there, further inquiry will be made to determine the reason. Such inquiry may lead to admission, conditional admission, or denial of admission. Appeals from the decision will be referred to appropriate university channels.

9.2(3) Applications from visitors. A visitor to the campus who is believed to have violated the rules of personal conduct and who later applies for admission or employment may be denied admission or employment because of the applicant’s prior conduct, subject to review if the denial is appealed by the applicant. An applicant who would be subject to such a denial and review at any university governed by the state board of regents shall be subject to the same denial and review by the other two regent universities if application for admission or employment is made to them. The three universities shall cooperate in making known the identity of persons barred from admission or employment among all three institutions.

History

• ARC 0422D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—9.3 Competition with private enterprise

9.3(1) Definitions.

“Compete” means to engage in, either directly or by or through another state agency or political subdivision, the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing, or advertising of goods or services to the public that are also offered by private enterprise. “Compete” does not include the use of goods or services exclusively by the institution.

“Institutions” means the State University of Iowa, the University of Northern Iowa, and Iowa State University of Science and Technology.

“Private enterprise” means an individual, firm, partnership, joint venture, corporation, association, or other legal entity engaging in the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing, or advertising of goods or services for profit.

9.3(2) Policy in writing. Each institution shall have a written policy that contains:

a. A mechanism for reviewing proposed activities involving the sale of goods and services to ensure that the activities are permitted as set forth in this rule; and

b. A procedure for receiving, reviewing, and responding to inquiries about activities carried out by the institution.

9.3(3) Prohibition. Institutions shall not engage in activities that compete with private enterprise except as provided below.

9.3(4) Exceptions provided by statute. This prohibition does not apply to the activities of an institution as provided in Iowa Code section 23A.2(8)“k”(1) through “k”(10) or any other applicable provision of Iowa law.

9.3(5) Exemptions. The state board of regents exempts the following activities from the prohibition against competition with private enterprise.

a. Goods and services that are directly and reasonably related to the mission of the institution, including but not limited to:

(1) Conferences, institutes, outreach programs, specialized centers and other efforts and programs that provide continuing education;

(2) Child day care services and health services provided to members of the university community;

(3) Educational media, publication, distribution, and audiovisual centers and services;

(4) Family and guest housing or short-term lodging;

(5) Laundry, custodial, maintenance, and similar services.

b. Goods and services offered to only students, employees, or guests of the institution or school and that cannot be provided in a timely manner by private enterprise at the same or lower cost and of the same or better quality or terms.

c. Use of institutional aircraft and vehicles in connection with institution-related travel.

d. Durable medical equipment or devices sold or leased for use off premises of an institution or University of Iowa Hospitals and Clinics.

e. Goods or services that are not otherwise available in the quantity or quality required by the institution, including but not limited to specialized course materials, equipment, supplies, software, and publications.

f. Telecommunications systems utilized for communications and broadcast and narrowcast communication systems, including microwave, fiber-optic and satellite communications.

g. Facilities, programs, and associated support services for fitness and recreation.

h. Food services and sales.

i. Sales of books, records, tapes, software, educational equipment and supplies, and personal computers and associated hardware.

j. Goods and services provided to other state board of regents institutions; affiliates of state board of regents institutions; federal, state, and local government entities; nonprofit organizations; entities established pursuant to Iowa Code chapter 28E; and student organizations.

k. Public-private partnerships or similar economic development projects that are initiated for the benefit of one or more institutions as determined by the state board of regents.

9.3(6) Appeal process.

a. A private enterprise that seeks to appeal an action or activity of an institution shall attempt to resolve the issue at the institutional level. The form of appeal to the institution shall be a letter to the chief business officer.

b. If the private enterprise is dissatisfied with the institution’s response, the private enterprise may notify the executive director of the state board of regents and request assistance. This request shall be in writing and shall describe the action or activity that is being appealed.

c. The executive director may then take action to assist the private enterprise and the institution in resolving the issue.

d. If the issue remains unresolved, the executive director, at the request of the private enterprise, may docket the matter for review by the state board of regents. If the matter is docketed, the executive director will prepare a recommendation for the state board of regents to consider. A copy of the recommendation with notice of the time, date, and place of the meeting for which the matter has been docketed shall be transmitted to the private enterprise and the institutions prior to the meeting.

e. State board of regents action shall constitute a final agency action.

This rule is intended to implement Iowa Code chapter 23A.

History

• ARC 0422D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—9.4 Procurement policy for goods and services

The best interests of the state of Iowa and of the regents institutions are served through implementation of a full and free competitive purchasing system for the procurement of goods and services. The name of the successful bidder and all other bidders and the amounts bid shall be supplied to any person upon oral or written request following the execution of the prime contract(s) or agreement(s) related to the procurement.

History

• ARC 0422D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—9.5 Contracting authority

Except for authority retained by the state board of regents pursuant to law, rule, or state board of regents policy, the state board of regents delegates to the president of each university the authority to enter into contracts and agreements. Each president may delegate the president’s authority, in whole or in part, to other employees at the president’s university.

History

• ARC 0422D, IAB 7/8/26, effective 8/12/26

Iowa Admin. Code r. 681—9.6 Adoption of rules and policies

The president of each institution is delegated the authority to adopt policies as may be appropriate for the operation of the institution and that are not inconsistent with the general rules and policies adopted by the state board of regents. The state board of regents retains the authority to rescind any institutional policy.

[Filed 5/25/89, Notice 3/22/89—published 6/14/89, effective 7/19/89]◊

[Filed 6/23/89, Notice 3/8/89—published 7/12/89, effective 8/16/89]1

Two or more ARCs

Effective date of 681—9.4(23A) delayed 70 days from 8/16/89 by the Administrative Rules Review Committee at its August 3, 1989 meeting.

History

• ARC 0422D, IAB 7/8/26, effective 8/12/26

Chapter 10 Records Management

Iowa Admin. Code r. 681—10.1 Records system

The state board of regents’ office and each institution governed by the state board of regents shall develop internal procedures governing the management of records, which shall be made available for public inspection. Each system shall incorporate the following:

10.1(1) Procedures dealing with records of transactions of the official business of the institution or state board of regents’ office, including design, handling, maintenance, filing, storage, and security.

10.1(2) Procedures dealing with utilization of space, equipment, and supplies.

10.1(3) Schedules for retention of records and the form in which they are to be retained, either in offices or archives.

10.1(4) Schedules for destruction of records and the method to be used.

10.1(5) Standards for reproduction of records.

This rule is intended to implement Iowa Code section 8A.615.

History

• ARC 0423D, IAB 7/8/26, effective 8/12/26

Chapter 2505 Fair Information Practices

Iowa Admin. Code r. 681—2505.1 Definitions

As used in this chapter:

“Agency” means the state board of regents (board) and the institutions it governs—the State University of Iowa, Iowa State University of Science and Technology, and the University of Northern Iowa.

“Custodian” means the official delegated authority by the agency to release records or that official’s designee. Custodians are as follows: for the board, the executive director; for the State University of Iowa, the institutional secretary; for Iowa State University of Science and Technology, the institutional secretary; and for the University of Northern Iowa, the institutional secretary.

History

• ARC 0554D, IAB 9/2/26, effective 8/13/26

Iowa Admin. Code r. 681—2505.3 Requests for access to records

2505.3(7) Fees.

b. Fees and costs. The agency may charge for the actual costs of producing public records. These charges may include the actual cost of making photocopies, the actual cost of media necessary to convey electronic copies of public records, and the actual costs of mailing public records. Pricing schedules for these actual costs will be prominently posted on the agency’s website. The agency may also charge for the expense associated with supervising and searching for public records. These hourly charges will be based on the actual hourly rate of the person performing the task. The agency will ensure that the employee rate charged is as low as possible based on the circumstances. The agency may impose hourly charges only after the first 30 minutes of labor, which will be provided at no cost to the requester. For any additional review by the agency to address questions of confidentiality, the agency may charge the requestor the actual hourly rate of the attorney performing the review, although the first 30 minutes of the attorney’s time will be provided at no cost to the requester.

c. Advance payment. When the estimated total fee exceeds $25, the agency may require an advance payment from the requester to cover all or part of the estimated fee before proceeding with the work of gathering and reviewing potentially relevant records. If a requester has an unpaid balance from a previous records request, the agency may require the requester to pay both the unpaid balance and the current estimate, regardless of value, before proceeding with the review of public records.

History

• ARC 0554D, IAB 9/2/26, effective 8/13/26

Iowa Admin. Code r. 681—2505.9 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 used in this rule, “record system” means any group of records, under the control of the agency, from which a record may be retrieved by a personal identifier, such as the name of an individual, number, symbol, or other unique retriever assigned to an individual. The record systems maintained by the agency are as follows.

2505.9(1) Board. Personnel and employment management information systems. The above-listed records system is collected pursuant to the authority of Iowa Code chapter 262. Storage is in paper form, and information cannot be matched, collated and compared.

2505.9(2) State University of Iowa.

a. Human capital management systems covering payroll, benefits, time and attendance tracking and other human resources functions.

b. Job applicant tracking systems for staff and faculty.

c. Compliance, training, and human resources case management systems.

d. Learning management, instructional technology, assessment, testing, proctoring, and course evaluation systems involving both employees and students.

e. Research proposal, award, campus data, and administration systems.

f. Library records systems.

g. Student records, registration, degree audit, academic advising, planning, tutoring, retention, and case management systems, including student conduct, health, counseling, and wellness systems.

h. Budget and planning system.

i. Student admissions, recruitment, enrollment management, scholarship and financial aid systems.

j. Patient and health information systems.

k. Incident reporting systems.

l. Purchasing, accounting, and travel management systems.

m. Construction/jobs management/facilities systems.

n. Event ticket sales/registration systems.

o. Motor pool management system.

p. Housing, dining, residence life, student activities, recreation, and student engagement systems.

q. Career services, experiential learning, field placement, internship, licensure, and professional preparation systems.

r. Police information system.

s. Credit card and point-of-sale systems.

t. Customer relationship management systems.

u. Parking permit/registration systems.

v. Athletic department records systems.

w. Student legal services document management systems.

All of the above-listed records are collected pursuant to the authority of Iowa Code chapters 262 through 263A and 271. All are stored in electronic form. Supplementary records in these categories are stored in paper form or on microfilm or microfiche. Information from systems listed in paragraphs 2505.9(2)“a” through “d,”“g,” and “p” through “q” can be matched, collated, and compared. Information in the remaining categories cannot be matched, collated, and compared.

2505.9(3) Iowa State University of Science and Technology.

a. Enterprise resource planning system, which includes human capital management, finance, and student records.

b. Learning management systems.

c. Research proposal, award, data storage, and administration systems.

d. Professional development and continuing education systems.

e. Veterinary client information management systems.

f. Veterinary diagnostic laboratory systems.

g. Athletic department records systems.

h. Library/archives records systems.

i. Health, counseling, pharmacy, and wellness systems.

j. Housing and dining management systems.

k. Police records system.

l. Parking systems registration information.

m. Event management, registration, and ticket sales systems.

n. Workplace productivity, collaboration, and communication systems.

o. Project/construction management systems.

p. Facilities and maintenance information systems.

q. Point-of-sale, billing, payment, and credit card processing systems.

r. Customer relationship management system.

s. Applicant, scholarship, student discipline, student scheduling, and career services information management systems.

t. Student scheduling systems.

u. Motor pool and transportation reservation and management system.

v. Travel management systems.

w. Student scheduling system.

x. Legal document management systems.

y. Incident reporting systems.

All of the above-listed records are collected pursuant to the authority of Iowa Code chapters 262 through 262B and 266. All are stored in electronic form. Duplicates or supplementary information of the electronically stored information may be found in some cases in hard copy or on microfilm or microfiche. Information from systems listed in paragraphs 2505.9(3)“a” through “d,”“g,”“j,”“m,”“p,”“q,”“s,”“t,”“v,”“w,” and “y” can be matched, collated, and compared with other records systems, primarily with the enterprise resource planning system (more information is contained in paragraph 2505.9(3)“a”). The remaining categories cannot be matched, collated, or compared.

2505.9(4) University of Northern Iowa.

a. Academic achievement center records systems.

b. Academic advising/orientation information systems.

c. Academic computing center systems.

d. Accounts receivable/payable systems.

e. Admissions information systems.

f. Affirmative action records systems.

g. Alumni foundation/development systems.

h. Architect/planning/engineering records systems.

i. Athletic department records systems.

j. Budget management records systems.

k. College of education/school of business advising center record systems.

l. Continuing education/correspondence/extension records systems.

m. Financial aid information systems.

n. Grants and contracts records systems.

o. Housing/dining systems.

p. Library/archives records systems.

q. Human capital management/budget/payroll/learning management information systems.

r. Facilities and maintenance information systems.

s. Purchasing/inventory systems.

t. School of business division of external services records systems.

u. Student information systems (student records).

v. Student union/student activities records systems.

w. *Academic affairs information systems #.

x. *Ancillary services records systems.

y. *Counseling/health/pharmacy systems.

z. *Deans/department heads/faculty advisors record systems.

aa. *Handicapped services systems #.

ab. *Institutional officials records systems #.

ac. *Institutional research records systems, including social/behavioral research center.

ad. *Operations record systems.

ae. *Placement/career center/cooperative education systems.

af. *Public safety records systems.

ag. *Small business assistance center (hazardous waste) record systems.

ah. *Special events record systems.

ai. *Speech/hearing/reading clinics records systems #.

aj. *Student clinical experience systems #.

ak. *United faculty records systems #.

al. *UNISA records systems #.

am. Motor pool and transportation reservation and management system.

All of the above-listed records systems are collected pursuant to the authority of Iowa Code chapters 262, 262A, 265 and 268. Means of storage include electronic unless otherwise noted. Moreover, some records may also be stored in micrographic or paper forms. All or parts of information in each system may be matched, collated, and compared, except for those systems noted by an asterisk (*).

Storage in paper or micrographic form only.

History

• ARC 0554D, IAB 9/2/26, effective 8/13/26

Iowa Admin. Code r. 681—2505.10 Other groups of records

This rule describes agency records not maintained in a record system. These records are routinely available to the public but may contain confidential information. In addition, some records may contain information about individuals. Unless otherwise noted, these records are available on the board’s website or at the board office and are not retrieved by personal identifier.

2505.10(1) Rulemaking. Rulemaking records may contain information about individuals making written or oral comments on proposed rules pursuant to Iowa Code section 17A.4.

2505.10(2) Board records. Agendas, minutes, and materials presented to the board are available, except for records concerning closed sessions that are confidential under Iowa Code section 21.5 and other provisions of law. Board records contain information about people who participate in meetings. This information is collected pursuant to Iowa Code section 21.3.

2505.10(3) Publications. News releases, annual reports, project reports, agency newsletters, etc., are available through the institutions’ offices for public information. Brochures describing various agency programs are available at local offices of the agency.

2505.10(4) Statistical reports. Periodic reports for various agency programs are available through the institutions’ offices for public information.

2505.10(5) Grants. Records on persons receiving grants are available through the institutions’ offices for public information. The records may contain information about employees of a grantee.

2505.10(6) Published materials. The agency uses many legal and technical publications in its work. The public may inspect these publications upon request. Some of these materials may be protected by copyright law.

2505.10(7) Policy manuals. The agency employees’ manual, containing the policies and procedures for programs administered by the agency, is available in every office of the agency. Policy manuals do not contain information about individuals.

2505.10(8) All other records that are not exempted from disclosure by law. The agency maintains a variety of records that do not generally contain information pertaining to named individuals.

All data processing systems used by the agency permit the comparison of personally identifiable information in one record system with personally identifiable information in another record system.

History

• ARC 0554D, IAB 9/2/26, effective 8/13/26

Chapter 2506 Contested Cases

Iowa Admin. Code r. 681—2506.27 Appeals and review—actions by regents institution

2506.27(1) Appeal by party. Any adversely affected party may appeal a proposed decision in a case involving an appeal of action or proposed action by a regents institution to the president of the regents institution within 20 days after issuance of the proposed decision.

2506.27(2) Review. The president of the regents institution may initiate review of a proposed decision on the president’s own motion at any time within 20 days following the issuance of such decision.

2506.27(3) Notice of appeal. An appeal of a proposed decision is initiated by filing a timely notice of appeal with the president of the regents institution. The notice of appeal is to be signed by the appealing party or a representative of that party and contain a certificate of service. The notice will specify:

a. The parties initiating the appeal;

b. The proposed decision or order appealed from;

c. The specific findings or conclusions to which exception is taken and any other exceptions to the decision or order;

d. The relief sought; and

e. The grounds for relief.

2506.27(4) Requests to present additional evidence. A party may request to submit additional evidence. The request must be filed with the notice of appeal, if by an appealing party, or within ten days of service of the notice of appeal, if by a nonappealing party. The president of the regents institution will take additional evidence only if the party establishes that the evidence is material, that good cause existed for it not being presented at the hearing, and that the party has not waived the right to present evidence. The president of the regents institution may either remand a case to the presiding officer to take additional evidence or may preside at the taking of additional evidence.

2506.27(5) Scheduling. The president of the regents institution will issue a schedule for consideration of the appeal.

2506.27(6) Briefs and arguments. Unless otherwise ordered, within 20 days of the notice of appeal or order for review, each appealing party may file exceptions and briefs. Within 20 days thereafter, any party may file a responsive brief. Briefs will include any applicable legal authority and specify relevant portions of the record in that proceeding. Written requests to present oral arguments will be filed with the briefs. The president of the regents institution may resolve the appeal on the briefs or provide an opportunity for oral argument. The president of the regents institution may shorten or extend the briefing period as appropriate.

2506.27(7) Appeals to the board. Rule 681—2506.32(17A) contains procedures to appeal the president of the regents institution’s decision to the board.

History

• ARC 0554D, IAB 9/2/26, effective 8/13/26

Iowa Admin. Code r. 681—2506.32 Appeals to the board

This rule incorporates rule 681—2506.27(17A) with the following exceptions and amendments. More information is contained in rule 681—2506.27(17A).

2506.32(1) Appeal by party. Any adversely affected party may appeal the president of the regents institution’s decision to the board within ten days after issuance of the decision. In the case of an appeal of initial action by the board, any adversely affected party may appeal the proposed order of a presiding officer to the board within 20 days after issuance of the proposed decision.

2506.32(2) Review. The board may initiate review of the president of the regents institution’s decision or a proposed decision involving an appeal of board action on its own motion at any time within 20 days following the issuance of such a decision.

2506.32(3) Notice of appeal. An appeal of a proposed decision is initiated by filing a timely notice of appeal with the board. In cases of appeals of action by an institution, a copy of the notice shall be sent to the president of the regents institution. The notice of appeal is to be signed by the appealing party or a representative of that party and contain a certificate of service. The notice will specify:

a. The parties initiating the appeal;

b. The proposed decision or order appealed from;

c. The specific findings or conclusions to which exception is taken and any other exceptions to the decision or order;

d. The relief sought; and

e. The grounds for relief.

2506.32(4) Requests to present additional evidence. In a case that has not been reviewed by a president of a regents institution, a party may request to submit additional evidence. The request must be filed with the notice of appeal, if by an appealing party, or within ten days of service of the notice of appeal, if by a nonappealing party. The board will take additional evidence only if the party establishes that the evidence is material, that good cause existed for it not being presented at the hearing, and that the party has not waived the right to present the evidence. The board, or its executive director, may remand a case to the president of the regents institution for further hearing or the board may preside at the taking of additional evidence.

2506.32(5) Scheduling. The board, or its executive director, will issue a schedule for consideration of the appeal.

2506.32(6) Briefs and arguments. Unless otherwise ordered, within 20 days of the notice of appeal or order for review, each appealing party may file exceptions and briefs. Within 20 days thereafter, any party may file a responsive brief. Briefs will include any applicable legal authority and specify relevant portions of the record in that proceeding. Written requests to present oral arguments will be filed with the briefs. The board may resolve the appeal on the briefs or provide an opportunity for oral argument. The board, or its executive director, may shorten or extend the briefing period as appropriate.

History

• ARC 0554D, IAB 9/2/26, effective 8/13/26