Section 361.10.5. Formal sufficiency and validity.  


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  • The council shall, within 20 days of receipt of a complaint, review the complaint to determine whether it meets the requirements for formal sufficiency and validity. A complaint determined to be deficient as to form shall be returned to the complainant with a statement of the nature of the deficiency. If a complaint is determined to be formally sufficient, the council shall make a determination as to its validity. To be valid, a complaint must allege all of the following:

            1.            Facts, which if true, establish a violation of a provision of Iowa Code chapter 68B as amended by 1992 Iowa Acts, chapter 1228, for which penalties or other remedies are provided;

            2.            The conduct providing the basis of the complaint occurred within three years of the filing of the complaint;

            3.            The party against whom the complaint has been filed is subject to the jurisdiction of the council.