CHAPTER 7PERSONAL FINANCIAL DISCLOSURE[Prior to 7/9/03, see 351—Ch 11]351—7.1(68B)  Filing requirements and procedures.    7.1(1)    Time of filing.  All persons who are required to file a personal financial disclosure statement (Form PFD) with the board pursuant to Iowa Code section 68B.35(2) shall file the statements with the board on or before April 30 of each year following a year during which the person holds a designated position, without regard to the length of time the position was occupied by the person. A person who held a designated position who leaves that position or state employment shall have a continuing obligation to file the statement for any year or portion of a year in which the position was held prior to termination.  7.1(2)    Place of filing.  Form PFD shall be filed with the board electronically using the board’s Web site at www.iowa.gov/ethics.  7.1(3)    Persons holding more than one designated position.  A person who is required to file a personal financial disclosure statement for more than one position shall be required to file only one statement for the reporting year. A member of the general assembly who files a form with the secretary of the senate or the chief clerk of the house shall not be required to file the form with the board for any designated position held in the executive branch.  7.1(4)    Electronic receipt.  The board must receive electronically a filed Form PFD by 11:59 p.m.on April 30 of each year. If the due date falls on a weekend or holiday, the filing deadline shall be extended to the first working day following the deadline.  7.1(5)    Period covered.  Information shall be filed on Form PFD as designated by the board and shall cover the calendar year immediately preceding the year due. However, a statement filed by a person who has left a designated position during the course of a year need only contain information covering the portion of that year that has elapsed prior to the person’s leaving the position.  7.1(6)    Public record.  Rescinded IAB 9/15/04, effective 10/20/04.This rule is intended to implement Iowa Code sections 68B.32A(5), 68B.35 and 68B.35A.Related ARC(s): 8288B351—7.2(68B)  Information disclosed on form.    7.2(1)    Definitions.  For the purpose of completing Form PFD, “income sources” includes those sources which are held jointly with one or more persons and which in total generate more than $1000 of income. “Jointly” means that the ownership of the income source is undivided among the owners and that all owners have one and the same interest in an undivided possession, each with full rights of use and enjoyment of the total income. Sources of income that are co-owned but with ownership interests that are legally divisible, without full rights of use of enjoyment of the total income, need not be reported unless the person’s portion of the income from that source exceeds $1000.  7.2(2)    Spousal income.  For purposes of completing Form PFD, income earned solely by the spouse of a person subject to reporting is not income to that person and need not be reported as an income source.This rule is intended to implement Iowa Code section 68B.35.351—7.3(68B)  Procedure for determining persons required to file with the board—distribution of forms.    7.3(1)    Persons required by statute.  In order to determine which persons in the executive branch are required by Iowa Code section 68B.35(2) to file Form PFD, the board shall contact each agency on an annual basis and provide notification of the statutory requirement. This notification shall include the name and position title of each person in the agency who filed Form PFD the previous year. Each agency, in consultation with the board, shall then determine which persons are required to file Form PFD for the next filing period and shall provide the board with the appropriate names and position titles. The board shall have the final authority to determine whether a position requires that a Form PFD be filed.  7.3(2)    Boards, commissions, or authorities not named in statute.  Pursuant to Iowa Code section 68B.35(2)“e,” on an annual basis the board shall conduct a review to determine if a member of any other board, commission, or authority not specifically named in Iowa Code section 68B.35(2)“e” should file Form PFD. If the board determines that Form PFD should be filed, the board shall by rule require a Form PFD to be filed.  7.3(3)    Statewide candidates.  A person who is a candidate for statewide office shall electronically file Form PFD with the board by 11:59 p.m.on April 30 of the year the candidate appears on the ballot. If the due date falls on a weekend or holiday, the filing deadline shall be extended to the first working day following the deadline. Once nomination papers or an affidavit of candidacy is filed, the board shall notify the person of the requirement to file Form PFD. The notification shall be sent by first-class mail or E-mail and shall include information on how to file Form PFD electronically.  7.3(4)    Statewide candidates in a special election.  A candidate for statewide office in a special election shall electronically file Form PFD with the board within ten days after the certification of the candidate’s name as the nominee under Iowa Code section 43.88. Notification to a statewide candidate in a special election shall be sent by first-class mail or E-mail and shall include information on how to file Form PFD electronically.  7.3(5)    Distribution of link.  The board shall provide each agency with the link on the board’s Web site at www.iowa.gov/ethics where forms shall be filed electronically.This rule is intended to implement Iowa Code sections 68B.32A(5) and 68B.35.Related ARC(s): 7802B, 8288B351—7.4(68B)  Delinquent forms.  Rescinded IAB 9/15/04, effective 10/20/04.351—7.5(68B)  Penalties.    7.5(1)    Penalties for late personal financial disclosure statements.  An individual holding a designated position in the executive branch who fails to timely file Form PFD shall be subject to an automatic civil penalty according to the following schedule:Days DelinquentPenalty Amount1 to 14$2515 to 30$5031 and over$100  7.5(2)    Additional penalty.  If an individual holding a designated position in the executive branch fails to file a personal financial disclosure statement within 45 days of the required filing date, a contested case proceeding may be held to determine whether or not a violation has occurred. If after a contested case proceeding it is determined that a violation occurred, the board may impose any of the actions under Iowa Code section 68B.32D. Any action imposed under Iowa Code section 68B.32D would be in addition to an automatically assessed penalty in subrule 7.5(1).  7.5(3)    Failure to file true statement.  It shall be considered a violation of Iowa Code section 68B.35 for an individual holding a designated position in the executive branch to file a disclosure statement containing false or fraudulent information. Complaints concerning the filing of a false or fraudulent disclosure statement shall be handled by the procedures in Iowa Code section 68B.32B. If it is determined after a contested case proceeding that a false or fraudulent disclosure statement was filed, the board may impose any of the actions under Iowa Code section 68B.32D.This rule is intended to implement Iowa Code sections 68B.32A(9) and 68B.35.351—7.6(68B)  Requests for waiver of penalties.  If an individual holding a designated position in the executive branch believes that mitigating circumstances prevented the timely filing of Form PFD, the individual may make a written request to the board for waiver of the penalty by filing a Petition for Waiver of Civil Penalty form. The request for waiver must be received by the board within 30 days of notification to the individual of the civil penalty assessment. Waivers may be granted only under exceptional or very unusual circumstances. The board will review the request and issue a waiver or denial of the request. If a waiver is granted, the board will determine how much of the penalty may be waived based on the circumstances.This rule is intended to implement Iowa Code sections 68B.32A(5) and 68B.32A(9).Related ARC(s): 7996B351—7.7(68B)  Contested case challenge.    7.7(1)    Request.  If the individual accepts administrative resolution concerning a late-filed Form PFD through the payment of the assessed penalty, the matter shall be closed. If the individual chooses to contest the board’s decision to deny the request or grant a partial waiver of an assessed penalty, the individual shall make a written request for a contested case proceeding within 30 days of being notified of the board’s decision.  7.7(2)    Procedure.  Upon timely receipt of a request for a contested case proceeding, the board shall provide for the issuance of a statement of charges and notice of hearing. The contested case shall be conducted in accordance with the provisions of 351—Chapter 11. The burden shall be on the board’s legal counsel to prove that a violation occurred.  7.7(3)    Failure to request proceeding.  The failure to request a contested case proceeding to contest the board’s decision on a waiver request is a failure to exhaust administrative remedies for purposes of seeking judicial review in accordance with Iowa Code chapter 17A.This rule is intended to implement Iowa Code sections 68B.32A(9) and 68B.33.351—7.8(68B)  Payment of penalty.  The remittance shall be made payable to the “State of Iowa General Fund” and forwarded to Iowa Ethics and Campaign Disclosure Board, 510 East 12th Street, Suite 1A, Des Moines, Iowa 50319. The remittance shall be deposited in the general fund of the state of Iowa.This rule is intended to implement Iowa Code section 68B.32A(9).351—7.9(68B)  Retention and availability of filed forms.    7.9(1)    Public record.  Forms filed with the board are a public record and shall be available for inspection and copying.  7.9(2)    Internet access.  Pursuant to Iowa Code section 68B.35A, the board shall record a filed Form PFD on the board’s Web site at www.iowa.gov/ethics. Filed forms shall be accessible via the board’s Web site for a period of at least five years from the reporting due date.This rule is intended to implement Iowa Code sections 68B.35 and 68B.35A.Related ARC(s): 7802B, 7996B, 8288B