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Sources of the Law New County Officials School

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Presentation on theme: "Sources of the Law New County Officials School"— Presentation transcript:

1 Sources of the Law New County Officials School
David Vestal, ISAC Deputy Director January 22, 2003

2 What are my Goals Today? To introduce you to the various bodies of law
To explain how you can access that law

3 Class is divided into five parts:
Statutes Attorney Generals Opinions Administrative Law Court Decisions County Home Rule

4 Statutes Four volume hardbound set 2003 edition just published
Code Index Updated by 2003 Code Supplement Session Laws Code Annotated-includes court decisions

5 Chapter 331 Most important chapter for county officials
Includes structure of county government Lists duties of BOS and all other elected officials

6 Contains duties pertaining to Finances and Budgeting
Not Just Chapter 331 356 Jails 335 Zoning 350 Conservation Boards 137 Boards of Health Mental Health 125 Substance Abuse

7 Iowa Code on the Web:

8 Rules of Statutory Interpretation

9 Look to Chapter 4 “Shall” imposes a duty prospective statutes
irreconcilable statutes

10 Attorney General Opinions
Written Legal Opinions issued by the Attorney General Not Binding Requests submitted by county attorneys or legislators

11 What Subjects Do They Cover?
Many issues of interest to counties

12 How Can We Review Them? Published
Summarized in The Iowa County magazine Available in County Law Library Can be requested at (515)

13 Iowa Administrative Code
Administrative Rules Adopted by State Agencies Must be Based on State Law Force and Effect of Law

14 Jet Ski Operators Must have 20 hours of instruction Provided by DPS

15 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?

16 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

17 How Are Rules Published?
22 Volume Iowa Administrative Code Available in county law library Organized by state agency Statues Implemented Section Available online at

18 Court Decisions State Courts Iowa Court of Appeals Iowa Supreme Court

19 Federal Courts: US District Courts for Northern and Southern Districts
8th Circuit Court of Appeals

20 Where are Iowa Supreme Court cases published?
Northwestern Reporter Oliver v. Sioux City Community School District 389 N.W. 2d 665 Available online:

21 County Home Rule Dillon Rule Adopted in 1978
Article III, sec. 39A of Iowa Constitution

22 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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