Iowa False Claims Act

1. “Claim” means any request or demand, whether pursuant to a contract or otherwise,
for money or property and whether the state has title to the money or property, which is
presented to an officer, employee, agent, or other representative of the state or to a contractor,
grantee, or other person if the money or property is to be spent or used on the state’s behalf or
to advance a state program or interest, and if the state provides any portion of the money or
property which is requested or demanded, or if the state will reimburse directly or indirectly
such contractor, grantee, or other person for any portion of the money or property which is
requested or demanded. “Claim” does not include any requests or demands for money or
property that the state has paid to an individual as compensation for state employment or as
an income subsidy with no restrictions on that individual’s use of the money or property.
2. “Custodian” means the custodian, or any deputy custodian, designated by the attorney
general under section 685.6.
3. “Documentary material” includes the original or any copy of any book, record,
report, memorandum, paper, communication, tabulation, chart, or other document, or
data compilations stored in or accessible through computer or other information retrieval
systems, together with instructions and all other materials necessary to use or interpret such
data compilations, and any product of discovery.
4. “False claims law” means this chapter.
5. “False claims law investigation” means any inquiry conducted by a false claims law
investigator for the purpose of ascertaining whether any person is or has been engaged in
any violation of a false claims law.
6. “False claims law investigator” means any attorney or investigator employed by the
department of justice who is charged with the duty of enforcing or carrying into effect
any false claims law, or any officer or employee of the state acting under the direction
and supervision of such attorney or investigator in connection with a false claims law
investigation.
7. a. “Knowing” or “knowingly” means that a person with respect to information, does
any of the following:
(1) Has actual knowledge of the information.
(2) Acts in deliberate ignorance of the truth or falsity of the information.
(3) Acts in reckless disregard of the truth or falsity of the information.
b. “Knowing” or “knowingly” does not require proof of specific intent to defraud.
8. “Material” means having a natural tendency to influence, or be capable of influencing,
the payment or receipt of money or property.
9. “Obligation” means an established duty, whether or not fixed, arising from an express
or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or
similar relationship, from statute or regulation, or from the retention of any overpayment.

10. “Official use” means any use that is consistent with the law, and the regulations and
policies of the department of justice, including use, in connection with internal department
of justice memoranda and reports; communications between the department of justice and
a federal, state, or local government agency or a contractor of a federal, state, or local
government agency, undertaken in furtherance of a department of justice investigation or
prosecution of a case; interviews of any qui tam plaintiff or other witness; oral examinations;
depositions; preparation for and response to civil discovery requests; introduction into the
record of a case or proceeding; applications, motions, memoranda and briefs submitted
to a court or other tribunal; and communications with government investigators, auditors,
consultants and experts, the counsel of other parties, and arbitrators and mediators,
concerning an investigation, case, or proceeding.
11. “Original source” means an individual who prior to a public disclosure under section
685.3, subsection 5, paragraph “c”, has voluntarily disclosed to the state the information on
which the allegations or transactions in a claim are based; or who has knowledge that is
independent of and materially adds to the publicly disclosed allegations or transactions, and
has voluntarily provided the information to the state before filing an action under this chapter.
12. “Person” means any natural person, partnership, corporation, association, or other
legal entity, including any state or political subdivision of the state.
13. “Product of discovery” includes all of the following:
a. The original or duplicate of any deposition, interrogatory, document, thing, result of
the inspection of land or other property, examination, or admission, which is obtained by any
method of discovery in any judicial or administrative proceeding of an adversarial nature.
b. Any digest, analysis, selection, compilation, or derivation of any item listed in
paragraph “a”.
c. Any index or other manner of access to any item listed in paragraph “a”.
14. “Qui tam plaintiff” means a private plaintiff who brings an action under this chapter
on behalf of the state.
15. “State” means the state of Iowa.
2010 Acts, ch 1031, §338; 2011 Acts, ch 129, §100, 101, 156

1. A person who commits any of the following acts is liable to the state for a civil penalty
of not less than and not more than the civil penalty allowed under the federal False Claims
Act, as codified in 31 U.S.C. §3729 et seq., as may be adjusted in accordance with the inflation
adjustment procedures prescribed in the federal Civil Penalties Inflation Adjustment Act of
1990, Pub. L. No. 101-410, for each false or fraudulent claim, plus three times the amount of
damages which the state sustains:
a. Knowingly presents, or causes to be presented, a false or fraudulent claim for payment
or approval.
b. Knowingly makes, uses, or causes to be made or used, a false record or statement
material to a false or fraudulent claim.
c. Conspires to commit a violation of paragraph “a”, “b”, “d”, “e”, “f”, or “g”.
d. Has possession, custody, or control of property or money used, or to be used, by the
state and knowingly delivers, or causes to be delivered, less than all of that money or property.
e. Is authorized to make or deliver a document certifying receipt of property used, or to be
used, by the state and, intending to defraud the state, makes or delivers the receipt without
completely knowing that the information on the receipt is true.
f. Knowingly buys, or receives as a pledge of an obligation or debt, public property from
an officer or employee of the state, or a member of the Iowa national guard, who lawfully
may not sell or pledge property.
g. Knowingly makes, uses, or causes to be made or used, a false record or statement
material to an obligation to pay or transmit money or property to the state, or knowingly
conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit
money or property to the state.
2. Notwithstanding subsection 1, the court may assess not less than two times the amount of damages which the state sustains because of the act of the person described in subsection
1, if the court finds all of the following:
a. The person committing the violation furnished officials of the state responsible for
investigating false claims violations with all information known to such person about the
violation within thirty days after the date on which the person first obtained the information.
b. The person fully cooperated with the state investigation of such violation.
c. At the time the person furnished the state with the information about the violation, a
criminal prosecution, civil action, or administrative action had not commenced under this
chapter with respect to such violation, and the person did not have actual knowledge of the
existence of an investigation into such violation.
3. A person violating this section shall also be liable to the state for the costs of a civil
action brought to recover any such penalty or damages.
4. Any information furnished pursuant to subsection 2 is deemed confidential information
exempt from disclosure pursuant to chapter 22.
5. This section shall not apply to claims, records, or statements made under Title X
relating to state revenue and taxation.
2010 Acts, ch 1031, §339; 2011 Acts, ch 129, §102, 156
Referred to in §685.3, 685.4, 685.5

1. The attorney general shall diligently investigate a violation under section 685.2. If the
attorney general finds that a person has violated or is violating section 685.2, the attorney
general may bring a civil action under this section against that person.
2. a. A person may bring a civil action for a violation of this chapter for the person and for
the state, in the name of the state. The person bringing the action shall be referred to as the
qui tam plaintiff. Once filed, the action may be dismissed only if the court and the attorney
general provide written consent to the dismissal and the reasons for such consent.
b. A copy of the complaint and written disclosure of substantially all material evidence
and information the person possesses shall be served on the attorney general pursuant to the
Iowa rules of civil procedure. The complaint shall also be filed in camera, shall remain under
seal for at least sixty days, and shall not be served on the defendant until the court so orders.
The state may elect to intervene and proceed with the action within sixty days after the state
receives both the complaint and the material evidence and the information.
c. The state may, for good cause shown, move the court for extensions of the time during
which the complaint remains under seal under paragraph “b”. Any such motions may be
supported by affidavits or other submissions in camera. The defendant shall not be required
to respond to any complaint filed under this section until twenty days after the complaint
is unsealed and served upon the defendant pursuant to rule 1.302 of the Iowa rules of civil
procedure.
d. Before the expiration of the sixty-day period or any extensions obtained under
paragraph “c”, the state shall do one of the following:
(1) Proceed with the action, in which case the action shall be conducted by the state.
(2) Notify the court that the state declines to take over the action, in which case the qui
tam plaintiff shall have the right to conduct the action.
e. When a person brings an action under this section, no person other than the state may
intervene or bring a related action based on the facts underlying the pending action.
3. a. If the state proceeds with the action, the state shall have the primary responsibility
for prosecuting the action, and shall not be bound by an act of the qui tam plaintiff. Such qui
tam plaintiff shall have the right to continue as a party to the action, subject to the limitations
specified in paragraph “b”.
b. (1) The state may move to dismiss the action, notwithstanding the objections of the qui
tam plaintiff if the qui tam plaintiff has been notified by the state of the filing of the motion and
the court has provided the qui tam plaintiff with an opportunity for a hearing on the motion.
(2) The state may settle the action with the defendant notwithstanding the objections of
the qui tam plaintiff if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all of the circumstances. Upon a showing of good cause,
such hearing may be held in camera.
(3) Upon a showing by the state that unrestricted participation during the course of the
litigation by the qui tam plaintiff would interfere with or unduly delay the state’s prosecution
of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may,
in its discretion, impose limitations on the qui tam plaintiff’s participation, including but not
limited to any of the following:
(a) Limiting the number of witnesses the qui tam plaintiff may call.
(b) Limiting the length of the testimony of such witnesses.
(c) Limiting the qui tam plaintiff’s cross-examination of witnesses.
(d) Otherwise limiting the participation by the qui tam plaintiff in the litigation.
(4) Upon a showing by the defendant that unrestricted participation during the course of
the litigation by the qui tam plaintiff would be for purposes of harassment or would cause
the defendant undue burden or unnecessary expense, the court may limit the participation
by the qui tam plaintiff in the litigation.
c. If the state elects not to proceed with the action, the qui tam plaintiff shall have the
right to conduct the action. If the state so requests, the state shall be served with copies of
all pleadings filed in the action and shall be supplied with copies of all deposition transcripts
at the state’s expense. When a qui tam plaintiff proceeds with the action, the court, without
limiting the status and rights of the qui tam plaintiff, may permit the state to intervene at a
later date upon a showing of good cause.
d. Whether or not the state proceeds with the action, upon a showing by the state
that certain actions of discovery by the qui tam plaintiff would interfere with the state’s
investigation or prosecution of a criminal or civil matter arising out of the same facts, the
court may stay such discovery for a period of not more than sixty days. Such a showing shall
be conducted in camera. The court may extend the sixty-day period upon a further showing
in camera that the state has pursued the criminal or civil investigation or proceedings with
reasonable diligence and any proposed discovery in the civil action will interfere with the
ongoing criminal or civil investigation or proceedings.
e. Notwithstanding subsection 2, the state may elect to pursue the state’s claim through
any alternate remedy available to the state, including any administrative proceeding to
determine a civil penalty. If any such alternate remedy is pursued in another proceeding,
the qui tam plaintiff shall have the same rights in such proceeding as such qui tam plaintiff
would have had if the action had continued under this section. Any finding of fact or
conclusion of law made in such other proceeding that has become final, shall be conclusive
as to all such parties to an action under this section. For purposes of this paragraph, a
finding or conclusion is final if it has been finally determined on appeal to the appropriate
court of the state, if all time for filing such an appeal with respect to the finding or conclusion
has expired, or if the finding or conclusion is not subject to judicial review.
4. a. (1) If the state proceeds with an action brought by a qui tam plaintiff under
subsection 2, the qui tam plaintiff shall, subject to subparagraph (2), receive at least fifteen
percent but not more than twenty-five percent of the proceeds of the action or settlement of
the claim, depending upon the extent to which the qui tam plaintiff substantially contributed
to the prosecution of the action.
(2) If the action is one which the court finds to be based primarily on disclosures of specific
information, other than information provided by the qui tam plaintiff, relating to allegations
or transactions in a criminal, civil, or administrative hearing, or in a legislative, administrative
or state auditor report, hearing, audit, or investigation, or from the news media, the court may
award an amount the court considers appropriate, but in no case more than ten percent of
the proceeds, taking into account the significance of the information and the role of the qui
tam plaintiff in advancing the case to litigation.
(3) Any payment to a qui tam plaintiff under subparagraph (1) or (2) shall be made from
the proceeds. Any such qui tam plaintiff shall also receive an amount for reasonable expenses
which the appropriate court finds to have been necessarily incurred, plus reasonable attorney
fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
b. If the state does not proceed with an action under this section, the qui tam plaintiff or person settling the claim shall receive an amount which the court decides is reasonable
for collecting the civil penalty and damages. The amount shall be not less than twenty-five
percent and not more than thirty percent of the proceeds of the action or settlement and
shall be paid out of such proceeds. Such qui tam plaintiff or person shall also receive an
amount for reasonable expenses which the court finds to have been necessarily incurred,
plus reasonable attorney fees and costs. All such expenses, fees, and costs shall be awarded
against the defendant.
c. Whether or not the state proceeds with the action, if the court finds that the action was
brought by a qui tam plaintiff who planned and initiated the violation of section 685.2 upon
which the action was brought, the court may, to the extent the court considers appropriate,
reduce the share of the proceeds of the action which the qui tam plaintiff would otherwise
receive under paragraph “a” or “b”, taking into account the role of that qui tam plaintiff in
advancing the case to litigation and any relevant circumstances pertaining to the violation.
If the qui tam plaintiff is convicted of criminal conduct arising from the qui tam plaintiff’s
role in the violation of section 685.2, the qui tam plaintiff shall be dismissed from the civil
action and shall not receive any share of the proceeds of the action. Such dismissal shall not
prejudice the right of the state to continue the action represented by the attorney general.
d. If the state does not proceed with the action and the qui tam plaintiff conducts the
action, the court may award to the defendant reasonable attorney fees and expenses if the
defendant prevails in the action and the court finds that the claim of the qui tam plaintiff was
clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
5. a. A court shall not have jurisdiction over an action brought by a former or present
member of the Iowa national guard under this chapter against a member of the Iowa national
guard arising out of such person’s services in the Iowa national guard.
b. A qui tam plaintiff shall not bring an action under subsection 2 which is based upon
allegations or transactions which are the subject of a civil suit or an administrative civil
penalty proceeding in which the state is already a party.
c. A court shall dismiss an action or claim under this section, unless opposed by the state,
if substantially the same allegations or transactions as alleged in the action or claim were
publicly disclosed in a state criminal, civil, or administrative hearing in which the state or an
agent of the state is a party; in a state legislative, state auditor, or other state report, hearing,
audit, or investigation; or by the news media, unless the action is brought by the attorney
general or the qui tam plaintiff is an original source of the information.
d. The state is not liable for expenses which a person incurs in bringing an action under
this section.
6. a. Any employee, contractor, or agent shall be entitled to all relief necessary to make
that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged,
demoted, suspended, threatened, harassed, or in any other manner discriminated against
in the terms and conditions of employment because of lawful acts done by the employee,
contractor, or agent or associated others in furtherance of an action under this section or
other efforts to stop one or more violations of this chapter.
b. Relief under paragraph “a” shall include reinstatement with the same seniority status
that employee, contractor, or agent would have had but for the discrimination, two times the
amount of back pay, interest on the back pay, and compensation for any special damages
sustained as a result of the discrimination, including litigation costs and reasonable attorney
fees. An action under this subsection may be brought in the appropriate district court of the
state for the relief provided in this subsection.
c. A civil action under this subsection shall not be brought more than three years after the
date when the retaliation occurred.
2010 Acts, ch 1031, §340; 2011 Acts, ch 129, §103, 104, 156
Referred to in §685.1, 685.4, 685.5, 685.6

1. A subpoena requiring the attendance of a witness at a trial or hearing conducted under
this chapter may be served at any place in the state, or through any means authorized in the
Iowa rules of civil procedure.

2. A civil action under this chapter may not be brought more than six years after the date
on which the violation of section 685.2 is committed, or more than three years after the date
when facts material to the right of action are known or reasonably should have been known
by the official of state charged with responsibility to act in the circumstances, but in no event
more than ten years after the date on which the violation is committed, whichever occurs last.
3. If the state elects to intervene and proceed with an action brought under this chapter,
the state may file its own complaint or amend the complaint of a qui tam plaintiff to clarify or
add detail to the claims in which the state is intervening and to add any additional claims with
respect to which the state contends it is entitled to relief. For statute of limitations purposes,
any such state pleading shall relate back to the filing date of the complaint of the qui tam
plaintiff who originally brought the action, to the extent that the claim of the state arises out
of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior
complaint of that person.
4. In any action brought under section 685.3, the state shall prove all essential elements
of the cause of action, including damages, by a preponderance of the evidence.
5. Notwithstanding any other provision of law, the Iowa rules of criminal procedure, or
the Iowa rules of evidence, a final judgment rendered in favor of the state in any criminal
proceeding charging fraud or false statements, whether upon a verdict after trial or upon
a plea of guilty or nolo contendere, shall estop the defendant from denying the essential
elements of the offense in any action which involves the same transaction as in the criminal
proceeding and which is brought under section 685.3.
2010 Acts, ch 1031, §341

1. Any action under section 685.3 may be brought in any county in which the defendant
or, in the case of multiple defendants, any one defendant can be found, resides, transacts
business, or in which any act proscribed by section 685.2 occurred. An original notice as
required by the Iowa rules of civil procedure shall be issued by the appropriate district court
and served in accordance with the Iowa rules of civil procedure.
2. A seal on the action ordered by the court under section 685.3 shall not preclude the state,
local government, or the qui tam plaintiff from serving the complaint, any other pleadings,
or the written disclosure of substantially all material evidence and information possessed by
the qui tam plaintiff on the law enforcement authorities that are authorized under the law
of the state or local government to investigate and prosecute such actions on behalf of such
governments, except that such seal applies to the law enforcement authorities so served to
the same extent as the seal applies to other parties in the action.
2010 Acts, ch 1031, §342

1. Issuance and service.
a. If the attorney general, or a designee, for the purposes of this section, has reason to
believe that any person may be in possession, custody, or control of any documentary material
or information relevant to a false claims law investigation, the attorney general, or a designee,
may, before commencing a civil proceeding under section 685.3, subsection 1, or other false
claims law, or making an election under section 685.3, subsection 2, issue in writing and cause
to be served upon such person, a civil investigative demand requiring any of the following of
such person:
(1) To produce such documentary material for inspection and copying.
(2) To answer in writing, written interrogatories with respect to such documentary
material or information.
(3) To give oral testimony concerning such documentary material or information.
(4) To furnish any combination of such material, answers, or testimony.
b. The attorney general may delegate the authority to issue civil investigative demands
under this subsection. If a civil investigative demand is an express demand for any product
of discovery, the attorney general, a deputy attorney general, or an assistant attorney general
shall cause to be served, in any manner authorized by this section, a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom
such demand is issued of the date on which such copy was served. Any information obtained
by the attorney general or a designee of the attorney general under this section may be shared
with any qui tam plaintiff if the attorney general or designee determines it is necessary as part
of any false claims law investigation.
2. Contents and deadlines.
a. Each civil investigative demand issued under subsection 1 shall state the nature of the
conduct constituting the alleged violation of a false claims law which is under investigation,
and the applicable provision of law alleged to be violated.
b. If such demand is for the production of documentary material, the demand shall provide
all of the following:
(1) Describe each class of documentary material to be produced with such definiteness
and certainty as to permit such material to be fairly identified.
(2) Prescribe a return date for each such class which will provide a reasonable period
of time within which the material so demanded may be assembled and made available for
inspection and copying.
(3) Identify the false claims law investigator to whom such material shall be made
available.
c. If such demand is for answers to written interrogatories, the demand shall provide for
all of the following:
(1) Set forth with specificity the written interrogatories to be answered.
(2) Prescribe dates at which time answers to written interrogatories shall be submitted.
(3) Identify the false claims law investigator to whom such answers shall be submitted.
d. If such demand is for the giving of oral testimony, the demand shall provide for all of
the following:
(1) Prescribe a date, time, and place at which oral testimony shall be commenced.
(2) Identify a false claims law investigator who shall conduct the examination and the
custodian to whom the transcript of such examination shall be submitted.
(3) Specify that such attendance and testimony are necessary to the conduct of the
investigation.
(4) Notify the person receiving the demand of the right to be accompanied by an attorney
and any other representative.
(5) Describe the general purpose for which the demand is being issued and the general
nature of the testimony, including the primary areas of inquiry, which will be taken pursuant
to the demand.
e. Any civil investigative demand issued under this section which is an express demand
for any product of discovery shall not be returned or returnable until twenty days after a copy
of such demand has been served upon the person from whom the discovery was obtained.
f. The date prescribed for the commencement of oral testimony pursuant to a civil
investigative demand issued under this section shall be a date which is not less than
seven days after the date on which demand is received, unless the attorney general or an
assistant attorney general designated by the attorney general determines that exceptional
circumstances are present which warrant the commencement of such testimony within a
lesser period of time.
g. The attorney general shall not authorize the issuance under this section of more than
one civil investigative demand for oral testimony by the same person, unless the person
requests otherwise or unless the attorney general, after investigation, notifies that person in
writing that an additional demand for oral testimony is necessary.
3. Protected material or information.
a. A civil investigative demand issued under subsection 1 shall not require the production
of any documentary material, the submission of any answers to written interrogatories, or
the giving of any oral testimony if such material, answers, or testimony would be protected
from disclosure under any of the following:
(1) The standards applicable to subpoenas or subpoenas duces tecum issued by a court
of the state to aid in a grand jury investigation.
(2) The standards applicable to discovery requests under the Iowa rules of civil procedure, the extent that the application of such standards to any such demand is appropriate and
consistent with the provisions and purposes of this section.
b. Any such demand which is an express demand for any product of discovery supersedes
any inconsistent order, rule, or provision of law, other than this section, preventing or
restraining disclosure of such product of discovery to any person. Disclosure of any product
of discovery pursuant to any such express demand does not constitute a waiver of any right
or privilege which the person making such disclosure may be entitled to invoke to resist
discovery of trial preparation materials.
4. Service.
a. Any civil investigative demand issued under subsection 1 may be served by a false
claims law investigator, or by any official authorized to issue civil investigative demands.
b. Service of any civil investigative demand issued under subsection 1 or of any petition
filed under subsection 9 may be made upon a partnership, corporation, association, or other
legal entity by any of the following methods:
(1) Delivering an executed copy of such demand or petition to any partner, executive
officer, managing agent, or general agent of the partnership, corporation, association, or
entity, or to any agent authorized by appointment or by law to receive service of process on
behalf of such partnership, corporation, association, or entity.
(2) Delivering an executed copy of such demand or petition to the principal office or place
of business of the partnership, corporation, association, or entity.
(3) Depositing an executed copy of such demand or petition in the United States mails by
registered or certified mail, with a return receipt requested, addressed to such partnership,
corporation, association, or entity at its principal office or place of business.
c. Service of any such demand or petition may be made upon any natural person by any
of the following methods:
(1) Delivering an executed copy of such demand or petition to the person.
(2) Depositing an executed copy of such demand or petition in the United States mails by
registered or certified mail, with a return receipt requested, addressed to the person at the
person’s residence or principal office or place of business.
d. A verified return by the individual serving any civil investigative demand issued under
subsection 1 or any petition filed under subsection 9 setting forth the manner of such service
shall be proof of such service. In the case of service by registered or certified mail, such return
shall be accompanied by the return post office receipt of delivery of such demand.
5. Documentary material.
a. The production of documentary material in response to a civil investigative demand
served under this section shall be made under a sworn certificate, in such form as the demand
designates, by the following persons, as applicable:
(1) In the case of a natural person, the person to whom the demand is directed.
(2) In the case of a person other than a natural person, a person having knowledge of the
facts and circumstances relating to such production and authorized to act on behalf of such
person.
b. The certificate shall state that all of the documentary material required by the demand
and in the possession, custody, or control of the person to whom the demand is directed
has been produced and made available to the false claims law investigator identified in the
demand.
c. Any person upon whom any civil investigative demand for the production of
documentary material has been served under this section shall make such material available
for inspection and copying to the false claims law investigator identified in such demand
at the principal place of business of such person, or at such other place as the false claims
law investigator and the person agree and prescribe in writing, or as the court may direct
under subsection 9. Such material shall be made available on the return date specified in
such demand, or on such later date as the false claims law investigator may prescribe in
writing. Such person may, upon written agreement between the person and the false claims
law investigator, substitute copies for originals of all or any part of such material.
6. Interrogatories.
a. Each interrogatory in a civil investigative demand served under this section shall be answered separately and fully in writing under oath and shall be submitted under a sworn
certificate, in such form as the demand designates, by the following persons, as applicable:
(1) In the case of a natural person, the person to whom the demand is directed.
(2) In the case of a person other than a natural person, the person or persons responsible
for answering each interrogatory.
b. If any interrogatory is objected to, the reasons for the objection shall be stated in the
certificate instead of an answer. The certificate shall state that all information required by
the demand and in the possession, custody, control, or knowledge of the person to whom the
demand is directed has been submitted. To the extent that any information is not furnished,
the information shall be identified and reasons set forth with particularity regarding the
reasons why the information was not furnished.
7. Oral examinations.
a. The examination of any person pursuant to a civil investigative demand for oral
testimony served under this section shall be taken before an officer authorized to administer
oaths and affirmations by the laws of this state or of the place where the examination is
held. The officer before whom the testimony is to be taken shall put the witness on oath
or affirmation and shall, personally or by someone acting under the direction of the officer
and in the officer’s presence, record the testimony of the witness. The testimony shall be
taken stenographically and shall be transcribed. When the testimony is fully transcribed, the
officer before whom the testimony is taken shall promptly transmit a copy of the transcript of
the testimony to the custodian. This subsection shall not preclude the taking of testimony by
any means authorized by, and in a manner consistent with, the Iowa rules of civil procedure.
b. The false claims law investigator conducting the examination shall exclude from the
place where the examination is held all persons except the person giving the testimony, the
attorney for and any other representative of the person giving the testimony, the attorney
for the state, any person who may be agreed upon by the attorney for the state and the
person giving the testimony, the officer before whom the testimony is to be taken, and any
stenographer taking such testimony.
c. The oral testimony of any person taken pursuant to a civil investigative demand served
under this section shall be taken in any state in which such person resides, is found, or
transacts business, or in such other place as may be agreed upon by the false claims law
investigator conducting the examination and such person.
d. When the testimony is fully transcribed, the false claims law investigator or the officer
before whom the testimony is taken shall afford the witness, who may be accompanied
by counsel, a reasonable opportunity to examine and read the transcript, unless such
examination and reading are waived by the witness. Any changes in form or substance which
the witness desires to make shall be entered and identified upon the transcript by the officer
or the false claims law investigator, with a statement of the reasons given by the witness for
making such changes. The transcript shall then be signed by the witness, unless the witness
in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is
not signed by the witness within thirty days after being afforded a reasonable opportunity
to examine the transcript, the officer or the false claims law investigator shall sign the
transcript and state on the record the fact of the waiver, illness, absence of the witness, or the
refusal to sign, together with the reasons, if any, for the waiver, illness, absence, or refusal.
e. The officer before whom the testimony is taken shall certify on the transcript that the
witness was sworn by the officer and that the transcript is a true record of the testimony
given by the witness, and the officer or false claims law investigator shall promptly deliver
the transcript, or send the transcript by registered or certified mail, to the custodian.
f. Upon payment of reasonable charges for a copy, the false claims law investigator shall
furnish a copy of the transcript to the witness only, except that the attorney general, the
deputy attorney general, or an assistant attorney general may, for good cause, limit such
witness to inspection of the official transcript of the witness’ testimony.
g. (1) Any person compelled to appear for oral testimony under a civil investigative
demand issued under subsection 1 may be accompanied, represented, and advised by
counsel. Counsel may advise such person, in confidence, with respect to any question asked
of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection
may be made, received, and entered upon the record when it is claimed that such person
is entitled to refuse to answer the question on the grounds of any constitutional or other
legal right or privilege, including the privilege against self-incrimination. Such person may
not otherwise object to or refuse to answer any question, and may not directly or through
counsel otherwise interrupt the oral examination. If such person refuses to answer any
question, a petition may be filed in the district court of the state under subsection 9 for an
order compelling such person to answer such question.
(2) If such person refuses to answer any question on the grounds of the privilege against
self-incrimination, the testimony of such person may be compelled in accordance with
applicable law.
h. Any person appearing for oral testimony under a civil investigative demand issued
under subsection 1 shall be entitled to the same fees and allowances which are paid to
witnesses in the district courts of the state.
8. Custodians of documents, answers, and transcripts.
a. The attorney general shall designate a false claims law investigator to serve as
custodian of documentary material, answers to interrogatories, and transcripts of oral
testimony received under this section, and shall designate such additional false claims law
investigators as the attorney general determines from time to time to be necessary to serve
as deputies to the custodian.
b. (1) A false claims law investigator who receives any documentary material, answers
to interrogatories, or transcripts of oral testimony under this section shall transmit them to
the custodian. The custodian shall take physical possession of such material, answers, or
transcripts and shall be responsible for their use and for the return of documentary material
under paragraph “d”.
(2) The custodian may cause the preparation of such copies of such documentary material,
answers to interrogatories, or transcripts of oral testimony as may be required for official use
by any false claims law investigator, or other officer or employee of the department of justice.
Such material, answers, and transcripts may be used by any such authorized false claims
law investigator or other officer or employee in connection with the taking of oral testimony
under this section.
(3) Except as otherwise provided in this subsection, documentary material, answers to
interrogatories, or transcripts of oral testimony, or copies of documentary materials, answers,
or transcripts, while in the possession of the custodian, shall not be available for examination
by any individual other than a false claims law investigator or other officer or employee of the
department of justice authorized under subparagraph (2). This prohibition on the availability
of material, answers, or transcripts shall not apply if consent is given by the person who
produced such material, answers, or transcripts, or, in the case of any product of discovery
produced pursuant to an express demand for such material, consent is given by the person
from whom the discovery was obtained. Nothing in this subparagraph is intended to prevent
disclosure to the general assembly, including any committee or subcommittee of the general
assembly, or to any other agency of the state for use by such agency in furtherance of its
statutory responsibilities.
(4) While in the possession of the custodian and under such reasonable terms and
conditions as the attorney general shall prescribe, all of the following shall apply, as
applicable:
(a) Documentary material and answers to interrogatories shall be available for
examination by the person who produced such material or answers, or by a representative
of that person authorized by that person to examine such material and answers.
(b) Transcripts of oral testimony shall be available for examination by the person who
produced such testimony, or by a representative of that person authorized by that person to
examine such transcripts.
c. If an attorney of the department of justice has been designated to appear before any
court, grand jury, state agency, or federal agency in any case or proceeding, the custodian
of any documentary material, answers to interrogatories, or transcripts of oral testimony
received under this section may deliver to such attorney such material, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to
be required. Upon the completion of any such case or proceeding, such attorney shall return
to the custodian any such material, answers, or transcripts delivered which have not passed
into the control of such court, grand jury, or agency through introduction into the record of
such case or proceeding.
d. If any documentary material has been produced by any person in the course of any
false claims law investigation pursuant to a civil investigative demand under this section,
and any case or proceeding before the court or grand jury arising out of such investigation,
or any proceeding before any state agency or federal agency involving such material, has
been completed, or a case or proceeding in which such material may be used has not been
commenced within a reasonable time after completion of the examination and analysis of all
documentary material and other information assembled in the course of such investigation,
the custodian shall, upon written request of the person who produced such material, return to
such person any such material, other than copies furnished to the false claims law investigator
under subsection 5 or made for the department of justice under paragraph “b” which has
not passed into the control of any court, grand jury, or agency through introduction into the
record of such case or proceeding.
e. (1) In the event of the death, disability, or separation from service in the department
of justice of the custodian of any documentary material, answers to interrogatories, or
transcripts of oral testimony produced pursuant to a civil investigative demand under this
section, or in the event of the official relief of such custodian from responsibility for the
custody and control of such material, answers, or transcripts, the attorney general shall
promptly do all of the following:
(a) Designate another false claims law investigator to serve as custodian of such material,
answers, or transcripts.
(b) Transmit in writing to the person who produced such material, answers, or testimony
notice of the identity and address of the successor designated.
(2) Any person who is designated to be a successor under this paragraph “e” shall have,
with regard to such material, answers, or transcripts, the same duties and responsibilities
as were imposed by this section upon that person’s predecessor in office, except that the
successor shall not be held responsible for any default or dereliction which occurred before
that designation.
9. Judicial proceedings.
a. If a person fails to comply with any civil investigative demand issued under subsection
1, or if satisfactory copying or reproduction of any material requested in such demand cannot
be completed and such person refuses to surrender such material, the attorney general may
file, in the district court of the state for any county in which such person resides, is found, or
transacts business, and serve upon such person, a petition for an order of such court for the
enforcement of the civil investigative demand.
b. (1) A person who has received a civil investigative demand issued under subsection 1
may file, in the district court of the state for the county within which such person resides, is
found, or transacts business, and serve upon the false claims law investigator identified in
such demand, a petition for an order of the court to modify or set aside such demand. In the
case of a petition addressed to an express demand for any product of discovery, a petition
to modify or set aside such demand may be brought only in the district court of the state
for the county in which the proceeding in which such discovery was obtained is or was last
pending. Any petition under this paragraph shall be filed in accordance with the following,
as applicable:
(a) Within twenty days after the date of service of the civil investigative demand, or at any
time before the return date specified in the demand, whichever date is earlier.
(b) Within such longer period as may be prescribed in writing by any false claims law
investigator identified in the demand.
(2) The petition shall specify each ground upon which the petitioner relies in seeking relief
under subparagraph (1), and may be based upon any failure of the demand to comply with
the provisions of this section or upon any constitutional or other legal right or privilege of
such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part,
except that the person filing the petition shall comply with any portions of the demand not
sought to be modified or set aside.
c. (1) In the case of any civil investigative demand issued under subsection 1 which is
an express demand for any product of discovery, the person from whom such discovery was
obtained may file, in the district court of the state for the county in which the proceeding in
which such discovery was obtained is or was last pending, and serve upon any false claims
law investigator identified in the demand and upon the recipient of the demand, a petition
for an order of such court to modify or set aside those portions of the demand requiring
production of any such product of discovery. Any petition under this subparagraph shall be
filed in accordance with the following, as applicable:
(a) Within twenty days after the date of service of the civil investigative demand, or at any
time before the return date specified in the demand, whichever date is earlier.
(b) Within such longer period as may be prescribed in writing by any false claims law
investigator identified in the demand.
(2) The petition shall specify each ground upon which the petitioner relies in seeking
relief under subparagraph (1), and may be based upon any failure of the portions of the
demand from which relief is sought to comply with the provisions of this section, or upon any
constitutional or other legal right or privilege of the petitioner. During the pendency of the
petition, the court may stay, as it deems proper, compliance with the demand and the running
of the time allowed for compliance with the demand.
d. At any time during which any custodian is in custody or control of any documentary
material or answers to interrogatories produced, or transcripts of oral testimony given, by
any person in compliance with any civil investigative demand issued under subsection 1, such
person, and in the case of an express demand for any product of discovery, the person from
whom such discovery was obtained, may file, in the district court of the state for the judicial
district within which the office of such custodian is located, and serve upon such custodian,
a petition for an order of such court to require the performance by the custodian of any duty
imposed upon the custodian by this section.
e. If a petition is filed in any district court of the state under this subsection, such court
shall have jurisdiction to hear and determine the matter so presented, and to enter such order
or orders as may be required to carry out the provisions of this section. Any final order so
entered shall be subject to appeal in accordance with the Iowa rules of civil procedure. Any
disobedience of any final order entered under this section by any court shall be punished as
a contempt of the court.
f. The Iowa rules of civil procedure shall apply to any petition under this subsection, to
the extent that such rules are not inconsistent with the provisions of this section.
10. Disclosure exemption. Any documentary material, answers to written
interrogatories, or oral testimony provided under any civil investigative demand issued under
subsection 1 shall be deemed confidential and exempt from disclosure under chapter 22.
2010 Acts, ch 1031, §343; 2010 Acts, ch 1193, §64
Referred to in §685.1

The attorney general may adopt such rules and regulations as are necessary to effectuate
the purposes of this chapter.
2010 Acts, ch 1031, §344