ARC 0370D

ARC 0370D

LAW ENFORCEMENT ACADEMY[501]

Adopted and Filed Emergency

Rulemaking related to modifications to uniform rules

    The Iowa Law Enforcement Academy hereby adopts new Chapter 2504, “Rule Waivers—Modifications to Uniform Rules,” Chapter 2505, “Fair Information Practices—Modifications to Uniform Rules,” and Chapter 2506, “Contested Cases—Modifications to Uniform Rules,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in 2026 Iowa Acts, Senate File 2463, and Iowa Code chapters 17A, 22, 80B, and 80D.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 17A.

Purpose and Summary

    This rulemaking implements the transition to the statewide Uniform Rules on Agency Procedure as mandated by 2026 Iowa Acts, Senate File 2463. While the Iowa Law Enforcement Academy Council adopts most of the Uniform Rules on Agency Procedure, this rulemaking includes critical additions and exceptions necessary to maintain high professional standards, public trust and public safety.

    Pursuant to 2026 Iowa Acts, Senate File 2463, section 5, the Council has determined that the following modifications are necessary to fulfill its statutory responsibilities under Iowa Code chapter 80B and ensure public safety. These modifications include the following:

     ?   Item 1: 501—Chapter 2504, Rule Waivers—Modifications to Uniform Rules

Modification: 501—paragraphs 2504.1(1)“a” through “d,” regarding availability of waivers.

This amendment modifies the Uniform Rules on Agency Procedure related to rule waivers (7—Chapter 2504) to ensure that four specific minimum standards for law enforcement officers and reserve officers are not waivable. Iowa Code section 80B.11(1)“a” mandates the minimum age for officers, and the Iowa Appellate Courts have approved the Council’s position that the minimum standards for vision, hearing, and physical fitness are not waivable.

     ?   Item 2: 501—Chapter 2505, Fair Information Practices—Modifications to Uniform Rules

Modification: Rules 501—2505.9(22,80B,80D) through 501—2505.12(22,80B,80D), regarding personally identifiable information.

This amendment modifies the Uniform Rules on Agency Procedure related to fair information practices (7—Chapter 2505) to ensure that the Academy complies with the statutory mandate to identify the personally identifiable information collected and maintained by the agency.

     ?   Item 3: 501—Chapter 2506, Contested Cases—Modifications to Uniform Rules

Modification: Rule 501—2506.8(17A), regarding telephone proceedings.

This amendment modifies the Uniform Rules on Agency Procedure related to contested cases (7—Chapter 2506) to ensure that licensing hearings for law enforcement officers allow the flexibility for remote testimony. Licensing hearings frequently involve multiple witnesses from a single agency. While the State and local agencies have an interest in cooperating to present their testimony, the agency must balance its need to still fully function as a law enforcement agency in its jurisdiction.

Reason for Adoption of Rulemaking Without
Prior Notice and Opportunity for Public Participation

    Pursuant to Iowa Code section 17A.4(3), the Council finds that notice and public participation are unnecessary or impractical because statute so provides. 2026 Iowa Acts, Senate File 2463, section 5, authorizes emergency rulemaking to provide for additions, exceptions, or amendments to the Uniform Rules on Agency Procedure.

Reason for Waiver of Normal Effective Date

    Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the Council also finds that the normal effective date of this rulemaking, 35 days after publication, should be waived and the rulemaking made effective on June 30, 2026, because 2026 Iowa Acts, Senate File 2463, section 5, authorizes emergency rulemaking for the purpose stated above. The new Uniform Rules on Agency Procedure are effective as of January 13, 2026, which means the waiver rules, fair information practices, and contested case provisions of the Uniform Rules on Agency Procedure will not adequately maintain the high professional standards and public safety upon enactment of 2026 Iowa Acts, Senate File 2463. An earlier effective date will allow the Council to ensure high professional standards, public trust, and public safety.

Adoption of Rulemaking

    This rulemaking was adopted by the Council on May 26, 2026.

Concurrent Publication of Notice of Intended Action

    In addition to its adoption on an emergency basis, this rulemaking has been initiated through the normal rulemaking process and is published herein under Notice of Intended Action as ARC 0369D to allow for public comment.

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Council for a waiver of the discretionary provisions, if any, pursuant to 501—Chapter 2504.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on June 30, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Adopt the following new  501—Chapter 2504:

CHAPTER 2504

RULE WAIVERS—MODIFICATION TO UNIFORM RULES

The Uniform Rules on Agency Procedure, 7—Chapters 2500 through 2506, are rules generally applicable to agencies pursuant to Iowa Code section 17A.24. Additions, exceptions, or amendments to the corresponding chapter are below.

501—2504.1(17A) Application.

    2504.1(1) Availability. Any person may submit a petition to waive, in whole or in part, a rule in the council’s jurisdiction by submitting the petition to the council, except for the rules applying to minimum standards for law enforcement and reserve officers regarding:

    a.  Age at the time of appointment, 501—subrule 2.1(2);

    b.  Vision standards, 501—subrule 2.1(9);

    c.  Hearing standards, 501—subrule 2.1(10); or

    d.  Physical fitness standards, 501—paragraph 2.2(1)“a.”

This rule is intended to implement Iowa Code chapters 80B and 80D.

    ITEM 2.  Adopt the following new  501—Chapter 2505:

CHAPTER 2505

FAIR INFORMATION PRACTICES—MODIFICATIONS TO UNIFORM RULES

The Uniform Rules on Agency Procedure, 7—Chapters 2500 through 2506, are rules generally applicable to agencies pursuant to Iowa Code section 17A.24. Additions, exceptions, or amendments to the corresponding chapter are below.

501—2505.9(22,80B,80D) Additional definitions. As used in this chapter:

    “Record” means the whole or a part of a public record as defined in Iowa Code section 22.1 that is owned by or in the physical custody of the academy.

    “Record system” means any group of records under the control of the academy from which a record may be retrieved by a personal identifier, such as the name of an individual or other unique personal identifier assigned to an individual.

501—2505.10(22,80B,80D) Personally identifiable information. This rule describes the nature and extent of personally identifiable information collected, maintained, and retrieved by the academy by personal identifier in a record system as defined in rule 501—2505.9(22,80B,80D). Unless otherwise stated, the authority to maintain the record is provided by Iowa Code chapter 80B or 80D. Academy records are maintained in paper or in electronic form. The record systems maintained by the agency are:

    2505.10(1) Academy administrative records.

    a.  Personnel records. These records contain information about employees, families and dependents, and applicants for positions with the academy. Some of this information is confidential under Iowa Code section 22.7(11) and 22.7(18), Iowa Code chapter 692, and other applicable law.

    b.  Employee investigations. These records contain information about employment investigations conducted by the academy. This information is confidential under Iowa Code section 22.7(11) and 22.7(18) and other applicable law.

    c.  Financial records. These records contain the financial documentation necessary to function as a state entity. Some of this information is confidential under Iowa Code section 22.7(11) and 22.7(18).

    d.  Contract records. These records contain information about contracts between the academy and outside agencies or individuals. Some of this information may be confidential under Iowa Code section 22.7.

    e.  Litigation files. These files or records contain information regarding litigation, or anticipated litigation, which includes judicial and administrative proceedings. The records include briefs, depositions, docket sheets, documents, correspondence, attorneys’ notes, memoranda, research materials, witness information, investigation materials, information compiled under the direction of the attorney, and case management records. The files contain materials that are confidential as attorney work product and attorney-client communications. Some materials are confidential under other applicable provisions of law or because of a court order. Persons wanting copies of pleadings and other documents filed in litigation should obtain them from the clerk of the appropriate court that maintains the official copy. Copies of pleadings and other documents filed in administrative litigation with the academy may be obtained from the academy during normal business hours. Litigation files or records are confidential as outlined in Iowa Code sections 80B.13A(5), 22.7(4) and 622.10.

    f.  Council decisions. All final orders, decisions, or opinions are public records, except for information that is confidential under Iowa law. This information, collected under the authority of Iowa Code chapters 17A, 80B, or 80D, may contain confidential information about individuals.

    2505.10(2) Program records.

    a.  Law enforcement and reserve peace officer files. These records contain information about law enforcement and reserve peace officers appointed in Iowa. These files may contain hiring, certification, and termination information; training records; personal questionnaires; and endorsement information. Some of these records may be confidential under Iowa Code section 22.7 or chapter 692.

    b.  Psychological and cognitive testing files. These records contain information about an applicant’s scores on cognitive and psychological tests mandated by Iowa Code section 80B.11(1)“g.” Some of these records may be confidential under Iowa Code sections 22.7(19) and 228.9.

    c.  Law enforcement officer class files. These records contain information about individuals who have attended training classes at the academy. These records may contain grade information, class rosters, class schedules, class tests, photographs of class members, and disciplinary information. Some of this information may be confidential under Iowa Code section 22.7.

    d.  Instructor endorsement files. These records contain information about individuals who have attended specialized training programs to earn an endorsement in a specialized area of law enforcement. Some of this information may be confidential under Iowa Code section 22.7.

    e.  Agency partner files. These records contain information about individuals who have requested approval from the council or academy to perform services for law enforcement personnel or applicants.

    f.  Recruit investigation files. These records contain information about investigations conducted on recruits during attendance at a training class at the academy. Some of these records may be confidential under Iowa Code section 17A.2(11) or 22.7(11) or other applicable law.

    g.  Decertification files. These files or records contain information on a person who is certified as a law enforcement or reserve peace officer in the state of Iowa. The records may contain administrative or court filings or records, investigative reports, criminal history data, medical records, child abuse records, and attorney-client work product concerning possible or pending litigation. Some of this information may be confidential under Iowa Code sections 80B.13A(5), 17A.2(11) and 22.7; Iowa Code chapters 125, 232, 235A, and 692; the Health Insurance Portability and Accountability Act (HIPAA); or other applicable law.

    h.  Library user files. These records contain information on individuals who have checked out library materials from the academy library. This information is confidential pursuant to Iowa Code section 22.7(13).

501—2505.11(22,80B,80D) Other groups of records. This rule describes groups of records that may be maintained by the academy other than records with a personal identifier in a records system as defined in rule 501—2505.9(22,80B,80D). The records listed may contain information about individuals and may contain confidential information. These records are generally available to the public, consistent with Iowa Code chapter 22. Unless otherwise noted, the authority for the academy to maintain the record is provided by Iowa Code chapter 80B or 80D. Records are stored on paper or in electronic form.

    2505.11(1) Academy administrative records.

    a.  General records. These records include documentation of administrative functions of the academy, such as budget and financial records, accounting records, inventory, reservation and use of facility space, purchasing, staff policies, printing and supply requisitions, testing fees, tuition, miscellaneous correspondence, and organizational charts, among other administrative records.

    b.  Publications and statistical reports. These records include but are not limited to news releases, annual reports, project reports, and newsletters that describe various academy programs.

    c.  Mailing and contact lists. These records include lists, including names, mailing addresses, and telephone numbers of council members, law enforcement agencies, law enforcement personnel, officials in government, and members of the public. These lists may be used for distribution of informational material, such as newsletters, policy directives, or educational information. These lists are also used to provide contacts for coordination of services or as reference information sources.

    d.  Legislative files. These records include pending bills, enrolled bills, legislative proposals and copies of amendments.

    e.  Research files. These records include research regarding various concerns impacting law enforcement and the academy’s rulemaking and training obligations. Some of this information is confidential as attorney-client work product under Iowa Code section 17A.2(11) or 22.7 or other applicable law.

    2505.11(2) Program records.

    a.  Council records. These records include information from council meetings. Some of these records may be confidential under Iowa Code section 21.5 or other applicable law. This information is collected pursuant to Iowa Code chapter 21.

    b.  Rulemaking records. These records include public documents created during the promulgation of council rules and public comments. This information is collected pursuant to Iowa Code chapter 17A.

    c.  Course curriculum. These records include instructional materials for all courses taught by academy personnel.

    2505.11(3) All other records. Records are public if not exempted from disclosure by law.

501—2505.12(22,80B,80D) Data processing systems. The data processing systems used by the academy may permit the comparison of personally identifiable information in one record system with personally identifiable information in another record system.

These rules are intended to implement Iowa Code chapters 22 and 80B.

    ITEM 3.  Adopt the following new  501—Chapter 2506:

CHAPTER 2506

CONTESTED CASES—MODIFICATIONS TO UNIFORM RULES

The Uniform Rules on Agency Procedure, 7—Chapters 2500 through 2506, are rules generally applicable to agencies pursuant to Iowa Code section 17A.24. Additions, exceptions, or amendments to the corresponding chapter are below.

501—2506.8(17A) Telephone proceedings. The presiding officer may resolve preliminary procedural motions by telephone or videoconference in which all parties have an opportunity to participate. Contested case hearings may be held by telephone or videoconference with the consent of all parties. Any party may call witnesses by telephone conference or videoconference with 14 days’ advance notice to all parties and the presiding officer. Failure of a party to make timely disclosure may result in the disallowance of testimony by telephone conference or videoconference.

[Filed Emergency 5/26/26, effective 6/30/26]

[Published 6/24/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 6/24/26.