CHAPTER 27
SUBPOENA OF RECORDS FROM UTILITY COMPANIES
AND PUBLICATION OF NAMES OF DEBTORS
701—27.1(421) Subpoena of records from public or private utility company. The director may subpoena records of a public or private utility company to the extent permitted by Iowa Code section 421.17(32).
	27.1(1) Definitions.
“Reasonable efforts,” for purposes of Iowa Code section 421.17(32), will be considered complete when the department has attempted to reach the individual using the individual’s last-known address as determined pursuant to 701—subrule 7.33(2).
“Utility” means the same as “public or private utility company” as defined in Iowa Code section 421.17(32)“f.”
	27.1(2) Procedure for issuing a subpoena; data transfer.
	a. 	The department shall submit the subpoena to the utility’s designated recipient on or before the date a secure data file is submitted for processing. The subpoena will include the director’s authority to make the request, the name of the file submitted for processing, the information to be provided for each individual, the expected response date, and the department’s contact information. The subpoena must be signed by the director. The data file provided to the utility by the department will include social security numbers, names, and last-known addresses in the mutually agreed-upon format.
	b. 	Within 30 days of receiving the department’s data file, the utility will process and return the data file to the department.
	27.1(3) Confidentiality. The utility must keep confidential all records received from the department. After the department has received the requested information from the utility, the utility must delete the data files the utility received in a secure manner. The department must keep confidential all records received from the utility in compliance with all applicable state and federal laws regarding individual privacy and the privacy rights of public and private utility companies.
This rule is intended to implement Iowa Code sections 421.17(32), 422.20, and 422.72.
[ARC 7835C, IAB 4/17/24, effective 5/22/24]
701—27.2(421) List for publication.
	27.2(1) The director may compile and make available for publication a list of names, with last-known addresses and amounts of indebtedness owed to or being collected by the state if the indebtedness is subject to the centralized debt collection procedure established in Iowa Code section 421.17(27) and 421.17(34). The director may determine when to compile the list.
	27.2(2) Names selected for release for publication shall be based on the records of the central collections unit. The director will not include the names of persons who owe less than $100 or the threshold amounts determined by the director. The threshold amounts may vary by the debt types being collected by the central collections unit. The director may withhold names from publication if, in the director’s opinion, publication would not assist in the collection of the debt.
	27.2(3) The director will not release for publication names of persons who have entered into a payment agreement with the central collections unit to pay the outstanding debt and are current in liquidating the debt based on the payment agreement. Upon entering a payment agreement with the central collections unit, the name of the party will be removed from publication within 60 days if the person is current in paying on the payment plan. This rule does not prevent the department from disclosing information under a provision of law other than Iowa Code section 421.17(27)“i.”
[ARC 7835C, IAB 4/17/24, effective 5/22/24]
701—27.3(421) Release of information. The director may release the information, as the director deems necessary, as follows:
	1.	The director may issue an announcement describing the manner in which a copy of the list of names for publication may be obtained. The director will make the list available in an electronic medium of the director’s choice.
	2.	The director may release to credit reporting agencies the names selected for release for publication upon request. The names are to be released in the same electronic medium as the names are released for publication.
[ARC 7835C, IAB 4/17/24, effective 5/22/24]
These rules are intended to implement Iowa Code section 421.17.
[Filed ARC 7835C (Notice ARC 7181C, IAB 12/13/23), IAB 4/17/24, effective 5/22/24]