ARC 8187C - Iowa Administrative Rules

Notice of Intended Action

Certificates of employability, ch 9

Untitled document

ARC 8187C

PAROLE BOARD[205]

Notice of Intended Action

Proposing rulemaking related to certificates of employability
and providing an opportunity for public comment

The Parole Board hereby proposes to rescind Chapter 9, “Certificates of Employability,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 904A, 906, 908, 914 and 915.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.

Purpose and Summary

The proposed rulemaking includes revisions to administrative rules based on the requirements of Executive Order 10 as well as statutory changes based on 2023 Iowa Acts, Senate File 514. Chapter 9 provides the public with information about certificates of employability that can be earned by inmates while in prison.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on May 29, 2024. A public hearing was held on the following date(s):

●June 18, 2024

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 Board for a waiver of the discretionary provisions, if any.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on August 27, 2024. Comments should be directed to:

Steven Clarke
Board of Parole
510 East 12th Street
Des Moines, Iowa 50319
Email: steven.clarke@iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

August 27, 2024 3:30 to 4 p.m.	Virtual Hearing Room meet.google.com/kbc-trnd-kqd?hs=122&authuser=0
September 3, 2024 3:30 to 4 p.m.	Virtual Hearing Room meet.google.com/kbc-trnd-kqd?hs=122&authuser=0

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

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).

The following rulemaking action is proposed:

ITEM 1.Rescind 205—Chapter 9 and adopt the following new chapter in lieu thereof:

CHAPTER 9

CERTIFICATES OF EMPLOYABILITY

205—9.1(906) Definitions. As used in this chapter:

“Direct relationship” means that the nature of criminal conduct for which the eligible offender was convicted has a direct bearing on the offender’s fitness or ability to perform one or more of the duties or responsibilities necessarily related to the certificate of employability sought.

“Eligible offender” means a person who has been convicted of one or more eligible crimes and has been sentenced to the custody of the director of the department of corrections. Persons required to register under Iowa Code chapter 692A are ineligible for the certificate of employability program.

“Employment” means any occupation, vocation, or employment or any form of vocational or educational training. For the purposes of this chapter, “employment” shall not include membership in any law enforcement agency.

“Private employer” means any person, company, corporation, labor organization or association.

“Public agency” means the state or any local subdivision thereof or any state or local department, agency, board or commission.

205—9.2(906) Certificates of employability.

9.2(1) The provisions of this chapter apply to any application by an eligible offender to any public agency or private employer for employment, except where a mandatory forfeiture, disability or bar to employment is imposed by law and has not been removed by an executive pardon. The provisions of this chapter also apply to an application to a licensing agency by an eligible offender to obtain licensure required for employment.

9.2(2) When a certificate of employability is presented to a public agency, the licensing agency cannot deny a license based on the felony conviction or based on a lack of good moral character unless the agency makes a determination that there is a direct relationship between the offense and the license sought or that the issuance of the license involves unreasonable risk to property or the safety and welfare of specific individuals or the general public.

9.2(3) A certificate of employability does not prevent any judicial, administrative, licensing or other body, board or authority from relying upon the conviction specified therein as the basis for the exercise of its discretionary power to suspend, revoke, refuse to issue or refuse to renew any license, permit or other authority or privilege in accordance with the provisions set out in this chapter.

205—9.3(906) Issuance of a certificate of employability. The department of corrections issues a certificate of employability at the time of release to an eligible offender who:

9.3(1) Receives a parole, work release, or early discharge from the board; and

9.3(2) Successfully completes one of the following:

a.Department of corrections registered apprenticeship program; or

b.National Career Readiness Certificate and the life skills program.

205—9.4(906) Certificate not to be deemed a pardon. Nothing contained in this chapter is deemed to alter, limit, or affect the manner of applying for pardons to the governor, and no certificate issued hereunder is deemed or construed to be a pardon.

These rules are intended to implement Iowa Code section 906.19.