ARC 9464C

ARC 9464C

Proposing rulemaking related to general claims and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024. A public hearing was held on the following date(s):

●November 19, 2024

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.

ITEM 1.Rescind 543—Chapter 3 and adopt the following new chapter in lieu thereof:

CHAPTER 3

GENERAL CLAIMS

543—3.1(25) Claims. General claims include but are not limited to the listing of claims found in Iowa Code section 25.2. General claims will be filed on a form supplied by the board’s executive secretary. Claims will be filed with and processed directly by the state agency allegedly responsible for payment when the claim is for an outdated invoice that is from a previous fiscal year and the amount of the reversion is sufficient to pay the claim. If a claim meets this criteria, then the agency will recommend approval of the claim. The claim is then to be submitted to the department of administrative services state accounting enterprise, which will process such claims. The state agency will keep a record of such claims and will report to the board at the board’s next regularly scheduled meeting. The claim will be submitted to the department of administrative services state accounting enterprise on the form prescribed by the board. The department of administrative services state accounting enterprise is authorized by the board to pay such claims from the board appropriation if sufficient moneys have been reverted from the state agency involved. If sufficient moneys have not been reverted, or if the state agency or the department of administrative services state accounting enterprise recommends denial of the claim, the claim is to be forwarded by the state agency to the board for consideration. A record of denied claims will be submitted quarterly to the board by the state agency.

3.1(1) Place of filing. The original and one copy of the general claim should be addressed to the board’s mailing address.

3.1(2) Names and signatures. General claims will state the name, address and telephone number of the claimant and be signed.

3.1(3) Designation. A general claim will indicate that it is a general claim filed pursuant to Iowa Code chapter 25.

3.1(4) Designation by number. The executive secretary of the board will assign a number to each general claim. Thereafter, the claim may be referred to by such number. If a claim meets the conditions for direct state agency adjudication of the claim, a number will not be assigned.

543—3.2(25) Content. All general claims will set forth information as follows.

3.2(1) Services rendered or merchandise purchased. An itemized statement indicating the services or merchandise, the name of the state agency or employee involved, and, if available, a bill for the same will be attached.

3.2(2) Refunds. A detailed statement of the reasons for the refund, indicating the state agency involved, will be attached.

3.2(3) Documentation. Sufficient documentation to support the claim will be attached.

3.2(4) Amount. All amounts for which the claim is filed will be stated and itemized.

543—3.3(25) Investigation. The special assistant attorney general assigned will investigate a general claim. The special assistant attorney general may administer oaths and may take testimony and conduct discovery in accordance with the Iowa Rules of Civil Procedure, Division V. The special assistant attorney general may compel the attendance of witnesses and certify to any district court for contempt. All information from the investigation will be included with the report to the board.

543—3.4(25) Notification. The special assistant attorney general will notify the claimant or the claimant’s attorney, in writing, of the board’s determination and any award.

543—3.5(25) Warrant. Upon acceptance of the award, the board will issue a warrant in the agreed amount, payable to claimant or the claimant’s attorney.

543—3.6(25) Withdrawal. Submitted claims may be withdrawn at any time through written notice addressed to the board at the board’s mailing address.

These rules are intended to implement Iowa Code chapter 25.