Iowa Administrative Code Agency 361 - Executive Council
Here’s a comprehensive overview of Iowa Administrative Code – Agency 361: Executive Council:
📘 Agency 361 – Chapter Structure
Based on the latest official sources, Agency 361 comprises the following core chapters and rules:
Chapter 1 – Disbursement of Money from Civil Reparations Trust Fund (361‑1.1 to 361‑1.9)
Chapter 5 – Deferred Compensation Program (rule 361‑5.1)
Chapter 6 – Health Maintenance Organizations (rule 361‑6.1)
Chapter 7 – Disaster Contingency Fund (361‑7.1 to 361‑7.7)
Chapter 8 – Executive Branch Lobbyist Registration (361‑8.1 to 361‑8.4)
Chapter 9 – Executive Branch Personal Financial Disclosure Statement (361‑9.1)
Chapter 10 – Executive Branch Ethics Complaint Procedure (361‑10.1 to 361‑10.19)
Chapter 11 – Inheritance Tax Payments (361‑11.1 to 361‑11.13) (see note)
Chapter 12 – Disbursement from Civil Reparations Trust Fund (361‑12.1 to 361‑12.10) (law.cornell.edu)
Note: While Chapter 11 is listed in some indices, its content has been rescinded/reserved under current rules (mccmeetingspublic.blob.core.usgovcloudapi.net).
🔍 Chapter 1: Trust Fund Disbursement (361‑1.x)
Purpose & Notice: Establishes procedures for publications and mail notice when funds become available, following rule adoption effective July 3, 2024 (mccmeetingspublic.blob.core.usgovcloudapi.net).
Application window: Applications accepted for 30 days post-notice, with details on timely postmarking .
Selection Criteria: Awards consider project purpose, number served, alternate funding, and past fund use (regulations.justia.com).
Disposition & Reconsideration: Council issues decisions by mail. Aggrieved applicants can request reconsideration or a contested-case hearing, needing preponderance of proof; AG defends decisions (law.cornell.edu).
Disbursement timing: Funds released after the reconsideration window closes; partial disbursement may occur if not affected by pending motions (mccmeetingspublic.blob.core.usgovcloudapi.net).
Administrative costs: Administration costs (including contested-case hearings, copying, postage) are billed to the trust fund after approval (regulations.justia.com).
🔄 Reorganization of Chapters
Chapter 4 adoption & Chapter 12 rescission: In May 2024, Chapter 12 was rescinded and a new Chapter 1 was adopted to consolidate trust fund disbursement rules (mccmeetingspublic.blob.core.usgovcloudapi.net).
Deferred Comp & HMOs (Ch. 5 & 6): As of May 6, 2024, Chapters 5 and 6 were rescinded following legislative changes (SF 2370) that reassigned their administration to the Department of Administrative Services (mccmeetingspublic.blob.core.usgovcloudapi.net).
🧾 Remaining Chapters (7–10, 12)
Legal indices (e.g., Justia, LII) confirm the continuing authority of the Council in:
Chapter 7–7.7: Oversight of the disaster contingency fund
Chapter 8–8.4: Executive branch lobbyist registration
Chapter 9–9.1: Personal financial disclosures by executive officials
Chapter 10–10.19: Complaint procedures for ethics violations
Chapter 12: [Note: some listings seem duplicative; confirm via official PDFs] (law.cornell.edu)
✅ Summary
Core Current Chapter: Chapter 1—rules for civil reparations trust fund, fully revised July 2024.
Rescinded: Chapters 5 and 6 (deferred comp, HMOs) as of early 2024; Chapter 12 superseded.
Other Key Areas: Disaster funds, lobbyist registration, financial disclosures, ethics complaints remain under Council purview.
Chapter 11 is listed in code indexes but has no active regulations (rescinded).
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