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Sources of the Law New County Officials SchoolDavid Vestal, ISAC Deputy Director January 22, 2003
What are my Goals Today? To introduce you to the various bodies of lawTo explain how you can access that law
Class is divided into five parts:Statutes Attorney Generals Opinions Administrative Law Court Decisions County Home Rule
Statutes Four volume hardbound set 2003 edition just publishedCode Index Updated by 2003 Code Supplement Session Laws Code Annotated-includes court decisions
Chapter 331 Most important chapter for county officialsIncludes structure of county government Lists duties of BOS and all other elected officials
Contains duties pertaining to Finances and BudgetingNot Just Chapter 331 356 Jails 335 Zoning 350 Conservation Boards 137 Boards of Health Mental Health 125 Substance Abuse
Iowa Code on the Web:
Rules of Statutory Interpretation
Look to Chapter 4 “Shall” imposes a duty prospective statutesirreconcilable statutes
Attorney General OpinionsWritten Legal Opinions issued by the Attorney General Not Binding Requests submitted by county attorneys or legislators
What Subjects Do They Cover?Many issues of interest to counties
How Can We Review Them? PublishedSummarized in The Iowa County magazine Available in County Law Library Can be requested at (515)
Iowa Administrative CodeAdministrative Rules Adopted by State Agencies Must be Based on State Law Force and Effect of Law
Jet Ski Operators Must have 20 hours of instruction Provided by DPS
What Don’t We Know? What course will consist of?How do you prove you took the course? Who can teach the course? Can the DPS charge a fee for the course? Where will it be offered?
How Are Administrative Rules Adopted?Chapter 17A of the Iowa Code Notice of Intended Action Public Hearing Final Rule Filed Emergency Rules Administrative Rules Committee
How Are Rules Published?22 Volume Iowa Administrative Code Available in county law library Organized by state agency Statues Implemented Section Available online at
Court Decisions State Courts Iowa Court of Appeals Iowa Supreme Court
Federal Courts: US District Courts for Northern and Southern Districts8th Circuit Court of Appeals
Where are Iowa Supreme Court cases published?Northwestern Reporter Oliver v. Sioux City Community School District 389 N.W. 2d 665 Available online: judicial.state.ia.us
County Home Rule Dillon Rule Adopted in 1978Article III, sec. 39A of Iowa Constitution
What is Home Rule? Counties can now do anything they want, unless it is specifically prohibited by state law Implemented as Chapter 331
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