Iowa Admin. Code r. 661-82.2

Current through Register Vol. 47, No. 6, September 18, 2024
Rule 661-82.2 - Definitions

The following definitions apply to rules 661-82.1 (690,692) through 661-82.301 (232):

"Authorized agency" means a division or office of the state of Iowa designated to report, receive, or disseminate information under Iowa state law, administrative rule or Public Law 103-209.

"Criminal identification records " means either of the following records, the forms for which are provided by the department to law enforcement agencies:

1. Department of public safety arrest fingerprint cards.
2. State of Iowa final disposition reports.

"Department" means the Iowa department of public safety.

"Division " means the division of criminal investigation of the department of public safety.

"Employee " means a person who provides services and is compensated for those services.

"Fee " means any cost associated with conducting a state or national criminal history record check.

"Felony " and"misdemeanor " shall have the same meanings and classifications as described in Iowa Code sections 701.7 and 701.8.

"Fitness determination " means an analysis of criminal history information to determine whether or not the criminal history information disqualifies an individual from holding a particular position or license either as an employee or a volunteer.

"National record check" means a criminal history record check from the FBI that is fingerprint-based and is transmitted through the state central repository.

"Non-criminal justice agency " means an agency that is authorized by law to receive criminal history data from the department; that is not a "criminal or juvenile justice agency" as defined in Iowa Code section 692.1, subsection 7; and that is not an institution which trains law enforcement officers for certification under Iowa Code chapter 80B.

"Qualified entity " means a business or organization, whether public, private, for-profit, not-for-profit or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies persons or entities to provide care or care placement services, treatment, education, training, instruction, supervision or recreation to children, the elderly or individuals with disabilities.

"Taking of fingerprints " means obtaining a fully rolled set of inked fingerprint or electronically scanned fingerprint impressions of suitable quality for fingerprint classification and identification.

"Volunteer" means a person who provides services without compensation.

"Working day" means any day except any of the following:

1. Saturday.
2. Sunday.
3. State holiday.
4. Federal holiday during which the administrative office of the submitting agency is closed.
5. Any day during which the administrative office of the submitting agency is closed or relocated due to weather or road conditions or any condition related to a disaster emergency proclamation issued by the governor pursuant to Iowa Code section 29C.6.

Iowa Admin. Code r. 661-82.2

ARC 8936B, IAB 7/14/10, effective 9/1/10