· IACSupp. PREFACE lAC 7/8/81 Pursuant to section 17 A.6 of the Iowa Code, the Iowa Administrative Code [lAC] Supplement is published biweekly and supersedes Part II of previous

&tate of lJmua

Iowa Administrative

~ Code

Supplement Biweekly

March 16, 1983

WAYNE A. FAUPEL CODE EDITOR

PHYLLIS BARRY DEPUTY CoDE EDIToR

Laverne Sw&DIOn Administrative Code Assistant

PuBLISHED BY THE

STATE OF IOWA UNDER AUTHORITY OF SECTION 17A.6, CODE 1981

IACSupp. PREFACE lAC 7/8/81

Pursuant to section 17 A.6 of the Iowa Code, the Iowa Administrative Code [lAC] Supplement is published biweekly and supersedes Part II of previous publications.

The Supplement contains replacement pages to be inserted in the loose-leaf lAC according to instructions in the respective Supplement. Replacement pages incorporate amendments to existing rules or entirely new rules or emergency or temporary rules which have been adopted by the agency and filed with administrative rules co-ordinator as provided in sections 17.7, 17 A.4 to 17 A.6. [It may be necessary to refer to the Iowa Administrative Bulletin* to determine the specific change.] The Supplement may also contain new or replacement pages for "General Information", Tables of Rules Implementing Statutes, and Skeleton Index.

When objections are filed to rules by the Administrative Rules Review Committee, Governor or the Attorney General, the context will be published with the rule to which the objection applies. ~ 1

Any delay by the Administrative Rules Review Committee of the effective date of filed rules will also be published in the Supplement.

Each page in the Supplement contains a line at the top similar to the following:

lAC 12/29/75 Agriculture[30] Ch 1, p.1

•section 17A.6 has mandated that the "Iowa Administrative Bulletin" be published in pamphlet form which will contain material formerly published in Part I of the lAC Supplement. The Bulletin will contain V Notices of Intended Action, Filed Rules, effective date delays, and the context of objections to rules filed by the Committee, Governor, or the Attorney General.

In addition, the Bulletin shall contain all proclamations and executive orders of the Governor which are general and permanent in nature, as well as other materials which are deemed fitting and proper by the Committee.

lAC Supp. 3/16/83 Instructions

INSTRUCTIONS FOR

Updating Iowa Administrative Code with Biweekly Supplement

Page 1

NOTE: Please review the "Preface" for both the Iowa Administrative Code and Biweekly Supplement and follow carefully the updating instructions.

The boldface entries in the left-hand column of the updating instructions correspond to the tab sections in the lAC Binders.

Obsolete pages to lAC are listed in the column headed "Remove Old Pages". New and replacement pages in this supplement are listed in the column headed "Insert New Pages". It is important to follow instructions in both columns.

UPDATING INSTRUCTIONS March 16, 1983 Biweekly Supplement

IOWA ADMINISTRATIVE CODE

Statutes Implementedblue tab (Vol. 0

Aging, Commission on[20]

Arts Council[lOO]

Commerce Commission[250]

Environmental Quality[ 400]

Insurance Department[SlO]

Remove Old Pages*

p.l-p.46

Ch 8, p.4, 4a Ch 8, p.19, 20

Ch 1, p.1-Ch 2, p.6a Ch 2, p.8-Ch 3, p.4

Ch 19, p.6-Ch 19, p.8 Ch 19, p.25-Ch 20, p.1 Ch 20, p.5-Ch 20, p.6 Ch 20, p.25-Ch 21, p.6 Ch 21, p.17, 18 Ch 22, 'p.6, 7 Ch 23, p.1, 2

Ch 15, p.3-Ch 16, p.1 Ch 19, p.12, 13

Analysis, p.1-Analysis, p.2b

Ch 8, p.1-Ch 9, p.2 Ch 15, p.27-Ch 20, p.1 Ch 45, p.1, 2 Ch 45, p.9, 10

Insert New Pages

p.1-p.48

Ch 8, p.4, 4a Ch 8, p.19-Ch 9, p.1

Ch 1, p.1-Ch 2, p.6a Ch 2, p.8-Ch 3, p.4

Ch 19, p.6-Ch 19, p.8 Ch 19, p.25-Ch 20, p.1 Ch 20, p.5-Ch 20, p.6 Ch 20, p.25-Ch 21, p.6 Ch 21, p.17, 18 Ch 22, p.6-Ch 22, p. 7a Ch 23, p.1, 2

Ch 15, p.3-Ch 16, p.1 Ch 19, p.12-Ch 19, p.13

Analysis, p.1-Analysis, p.2b

Ch 8, p.l-Ch 9, p.2 Ch 19, p.l-Ch 20, p.l Ch 45, p.1, 2 Ch 45, p.9, 10

*It is recommended that "Old Pages" be retained indefinitely in a place of your choice. They may prove helpful in tracing the history of a rule.

fage 2

Merit Employment[570)

Planning and Programming[630)

Public Safety Department[680)

Instructions

Remove Old Pages*

Ch 14, p.1a, 2

Analysis, p.3 Ch 18, p.1, 2

Ch 5, p.13, 14

lAC Supp. 3/16/83

Insert New Pages

Ch 14, p.1a, 2

Analysis, p.3 Ch 18, p.l-Ch 19, p.3

Ch 5, p.13, 14

Social Services Department[770) Ch 41, p.6a-Ch 41, p.7b Ch 41, p.6a-Ch 41, p.7b Ch 41, p.9a-Ch 41, p.ll Ch 41, p.9a-Ch 41-p.ll Ch 41, p.12-Ch 41, p.l5 Ch 41, p.l2-Ch 41, p.l5

'--"

Ch 52, p.l, 2 Ch 52, p.1, 2 \....,~ Ch 78, p.5 Ch 78, p.5 Ch 78, p.24-Ch 79, p.1 Ch 78, p.24-Ch 79, p.1 Ch 79, p.2c-Ch 79, p.5 Ch 79, p.2c-Ch 79, p.5 Ch 137, p.2a, 2b Ch 137, p.2a, 2b Ch 138, p.l, 2 Ch 138, p.1, 2

Transportation, Department of[820) [07,D] Ch 9, p.1, 2 [07 ,D) Ch 10, p.6-

[07,D] Ch 11, p.1 [07,D] Ch 11, p.10, lOa [07,D] Ch 11, p.26, 27

[07,D] Ch 9, p.l, 2 [07,D] Ch 10, p.6-

[07,D] Ch 11, p.1 [07,D] Ch 11, p.10, lOa [07 ,D) Ch 11, p.26, 27

•It is recommended that "Old Pages" be retained indefinitely in a place of your choice. They may prove helpful in tracing the history of a rule.

\.,.,!

lAC 3/16/83 Rules Implementing Statutes

TABLES OF RULES IMPLEMENTING ST A TOTES

Page 1

The following is a compilation of Iowa Code sections or chapters which are implemented by Administrative Rules. This table will be updated and expanded periodically.

Code Code Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

Ch 28 [637] 1.1 17A.2 [145] 1.5 2.3 [345] 1.5 4.1 1.6 4.2 (370] 6.1 5.1-5.4 (500] 4.1

(695] 2.6 28.2 [637] 2.1 [820] 01,8 1.1

01,8 1.2 28.3 (637] 2.3

3.1-3.3 17A.3 [30] 1.1-1.3 [70] 1.3

4.12 (495] 1.14 [140] 1.1-1.4 (695] 2.3 2.1-2.12

3.4 Ch7A [630] 11.2 4.1-4.5

11.5 21.7

7A.3 [630] 1.1 [ISO] 1.1-1.7 [160] 1.1-1.6

1.2 (220] 1.3 11.1 1.4 14.1 2.11 14.4 3.31 22.1-22.12 [245] 12.1 23.1-23.9 12.2 24.1-24.5 (250] 1.5

1.7 7A.7• [630] 8.1 7.4

8.2 11.4 24.1-24.3

Ch 12 [830] 1.1-1.3 [270] 5.2 (290] 60.4

17.9 (820] 06,Q 3.1 64.1-64.6

17.14 (450] 5.7 [295] 8.1-8.4 [320] 5.3

17.20 (450] 5.18 s.s 6.1

Ch 17A (380] 9.1-9.6 6.2 10.1-10.9 6.4

[400] 24.1-24.14 7.1-7.3 [530] 7.1-7.4 [345] 1.1-1.4 [590] 1.2 2.2

3.1 [350] 1.1-1.5 4.1 (370] 6.2

[680] 10.700-10.704 10.2-10.9 [730] 1.1 (400] 14.5

2.2-2.22 50.4 6.2 SS.l-55.14 7.1-7.26 (470] 135.1-135.9 88.5 135.109

[805] 4.4-4. 7 [490) 10.4 [820] Ol,A 1.1-1.6 [495] 1.1-1.3

01,8 3.1-3.15 1.10 07,C 11.3 2.8

11.4 07,0 9.4

17A.1 [695] 2.6 [820] 01,8 1.2

•Repealed by 82 Acts, ch 1210, §8; see §7A.3.

Page 2 Rules Implementing Statutes lAC 3/16/83

Code Code

~ Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

17A.3 (cont'd) [500) 3.1 17A.7 (cont'd) [320) 7.1 4.7 [345] 2.5 4.23 [400] 50.1-50.6 4.34 51.1

[510] 2.1-2.6 52.6 3.9 53.1

[523] 1.1-1.4 53.2 [530] 3.10 [470] 135.1-135.9

3.13 [495] 1.4 4.7 [610] 1.107 4.18 [650] 8.1

[580] 1.1 [695] 2.6 1.2 [770] 4.1-4.3

[590] 6.1-6.3 [820] 01,B 1.2 [630] 1.4 [850] 1.1-1.8

l.S [680] 1.1-1.8 17A.9 [70] 3.1 [695] 1.3-1.5 [140] 3.4

2.6 [ISO] 3.1-3.7 [700] 2.5 [160] 3.2 [730] 8.1 [220] 2.10 [750] 4.1-4.4 [245] 13.1-13.5 [770] 1.2-1.6 [270] 5.1 [820] 01,B 1.2 [320] 7.3

1.4 [345) 2.4 07,C 11.2 [350] 3.1 10,A 1.2 [380] 15.2

[830] 1.1-1.3 [400] 54.2-54.5 [842] 1.1-1.5 [470] 135.10

2.1-2.4 [490] 10.6 3.1 [495] 1.6 3.2 [500] 5.1 4.1-4.7 [523] 1.7 5.1 [660] 10.1-10.6 6.1 [695] 2.6 7.1 [740] 1.4

[850] 1.1-1.8 [820] 01,8 1.4

17A.4 [30] 1.4 [850] 1.9

1.5 17A.IO [70) 4.1 [70] 2.1 [220] 3.12 [140] 3.1 [345] 2.3

3.2 [350] 5.1-5.4 [ISO] 2.1-2.8 [490] 10.7 [245] 13.1-13.5 [495] 1.7 [295] 4.1-4.3 7.1-7.9 [320] 7.2 [523] 1.8 [470] 135.1-135.9 [530] 3.10 [490] 10.5 [770) 7.1 [495] 1.4 7.5

1.5 7.7 [523] 1.5 7.9

1.6 141.4

[695) 2.6 17A.II [350] 5.1-5.3 [770) 3.1

3.2 17A.I2 [220) 3.7 3.4 3.16

[820) 01,8 1.2 3.17 1.3 3.22

[850] 1.1-1.8 [350] 5.1-5.4 [370) 6.2

17A.5 [130] 5.4 6.3 [695] 2.6 [500) 4.6-4.9 [820) 01,8 1.2 4.30

[580) 7.1 17A.6 [695] 2.6 7.2

[820] 01,8 1.2 7.10 7.11

17A.7 [140] 3.3 7.20-7.26 ·~ [160] 3.1 7.30-7.32 [220] 1.2 [730] 7.16 [245] 13.1-13.5 [770] 7.16

141.4

lAC 3/16/83 Rules Implementing Statutes Page 3

\.,I Code Code Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

17A.I3 [190] 1.4 18.6 (cont'd) [450] 1.4 [220] 3.10 2.1-2.4

3.23 2.18 [350] S.l-5.4

[450] 2.4 [370] 6.2 18.12

17A.14 [220) 3.18-3.21 18.32 [450) 5.8 [350] S.l-5.4

18.33 [450] 5.8 [370] 6.2 [500] 4.18

18.34 (450] 5.8 4.35

17A.I5 [350] 5.1-5.4 18.35 [450] 5.8 [370] 6.4

18.36 [450) 5.8 [500] 4.25 4.27 4.30 18.37 [450) 5.8

[510] 3.1-3.10 [570) 12.11 18.38 [450) 5.8 [580] 5.33 [730) 2.9 18.45 [450) 5.8 [770] 7.16

18.59 [450) 5.6 17A.I6 [220] 3.25

3.28 18.76 [450) 5.6 3.29

[350] S.l-5.4 18.77 (450] 5.6 [370] 6.4

18.132 [450] 3.1-3.7 [730] 7.17 7.20

19A.I [720] 3.101 17A.l7 (220] 3.6 3.128

[350] S.l-5.4 [370] 6.2 19A.3 [340] 3.5 [380] 11.12 [500] 4.38 19A.9 [570] 1.1 [510) 3.1-3.10 2.1-2.4 [850] 6.1-6.3 3.1-3.8

4.3-4.5 17A.18 [ISO] 4.26 4.15

11.1 5.8 [350] 5.1-5.4 5.11 [495] 7.1-7.9 6.6 [580] 3.10 7.1-7.14 (730] 13.8 8.5

8.7 17A.I9 [220] 4.3 8.11

4.4 9.1-9.9 [370] 6.4 10.1-10.4 [695] 2.6 11.1 [820] 01,B 1.4 12.1-12.11

13.1-13.5 17A.22 (470] 135.301 14.1-14.18

[510] 3.1-3.10 15.1-15.14 [770] 7.1 16.1-16.3

1.5 17.1-17.4 7.7-7.9 18.1-18.4 7.14 [720] 3.14 7.16 3.39 7.22 3.67 141.4 3.85

18.3 (450] 2.1 3.90 2.3 3.101 2.5 3.127 2.7-2.17 3.128 2.19 2.21 19A.9(7) [720] 3.14

3.69 18.4 [450] 2.6

19A.9(14) [720] 3.104 18.6 [450) 1.1

1.3 19A.I8 [720] 3.128

Page4 Rules Implementing Statutes lAC 3116/83

Code Code \.-I Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

Ch 20 [660] l.J-1.7 28A.8 [523] 1.3 2.1-2.20 [695] 1.S 3.1-3.11 4.1-4.7 5.1-5.7

Ch 298 [650] l.J

6.1-6.5 7.1-7.7

Ch 29C [650] 5.2

8.1-8.5 9.1

29C.I (650] 7.8

9.2 29C.5 [650] 5.1 10.1-10.6 6.4

20.15 [660) 5.2 29C.7 [650] 5.1 5.4

29C.8 [650] 5.1 20.17 [660] 7.7 6.1-6.3

24.26 [60] 2.1-2.7 29C.9 [650] 5.1 5.1-5.9 7.1

7.3-7.5 24.27 [60] 2.1-2.7 7.7

5.1-5.9 29C.10 [650] 5.1

24.28 [60] 2.1-2.7 7.2-7.4 5.1-5.9 7.7

24.29 [60] 2.1-2.7 5.1-5.9

29C.I1 [650] 7.8

29C.13 [650] 5.1 24.30 (60] 2.1-2.7 7.1

5.1-5.9 7.7

24.31 [60] 2.1-2.7 5.1-5.9

29C.20 [420] 15.1-15.7

35.9 [841] 3.1-3.10 24.32 [60] 2.1-2.7

5.1-5.9 35.10 [841] 3.1-3.10

28.7 [520] l.J-1.7 35A.2 [841) 1.4 2.1 5.1-5.3

28.25 [520] 4.1-4.4 35A.6 [841) l.J-1.3 2.1-2.4

28.26 [520] 4.1-4.4 Ch 47 [750] 3.1

28.27 [520] 4.1-4.4 3.2

28.28 [520] 4.1-4.4 47.1 (750] 10.5 11.2

28.29 [520] 4.1-4.4 47.5 [845] 4.1-4.4

28A.3 [470] 135.1-135.9 [523]1.3 47.7 [845] 1.1-1.6 [695] 1.5 6.1-6.3

7.1-7.3 28A.5 [220]1.6

3.5 47.8 [845] l.J-1.6 (470) 135.1-135.9 [523] 1.3 [695] 1.5

48.3 [845] 2.1-2.4

[850] l.J-1.8 48.4 [845] 6.1-6.3

28A.7 [470] 138.300 48.5 [845] 3.1 139.300 4.1-4.4 140.300 7.1-7.3 144.300 145.300 48.6 [845] 2.1-2.4 147.300 151.201 48.27 [845] 2.1-2.4 152.300

[523] 1.3 52.5 [750) 10.1-10.3 [695) 1.5 (850] 1.10 52.26 (750] 10.4

lAC 3/16/83 Rules Implementing Statutes Page 4a

~ Code Code

Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

52.27 [750] 10.4 68A.I [695] 2.2

52.28 [750] 10.4 68A.2 [190] 1.2 5.3

52.29 (750] 10.4 5.4 [695] 2.2

52.30 [750] 10.4 68A.3 [190] 5.3

52.31 [750] 10.4 5.4 [270] 5.2

52.32 [750] 10.4 [290] 63.1-63.3

52.33 [750] 10.4 68A.4 [695] 2.2

52.34 [750] 10.4 68A.7 [190] 1.2 5.4

52.35 [750] 10.4 [270] 5.2

52.36 [750] 10.4 79.1 [720] 3.85

52.37 [750] 10.4 79.14 [270] 3.1-3.15

Ch 56 [190] 1.1-1.15 79.15 [270] 3.1-3.15 2.1-2.12

79.24 [720] 3.151 56.4 [190] 4.14

Ch 80 [680] 9.1-9.5 S6.S [190] 4.1

4.4 80.7 [680] 13.1-13.16 4.5

80.18 [680] 14.1 56.6 [190] 4.1-4.3

4.6 80A.5 4.8

[680] 2.1-2.12

4.14 Ch SOB [550] 2.1 4.15 3.1-3.4 6.1-6.3 4.1

4.2 56.10 [190] 3.1

4.11 808.3 [550] 5.1 5.3 6.1-6.6 808.5 [550] 6.2

56.11 [190] 1.4 808.6 [550] 6.1 S.l 6.3 5.4 6.2 808.7 [550] 6.4 6.5

808.9 [550] 6.5

\.,! 56.13 [190] 4.9 6.6

56.16 [190] 6.2 SOB. II [550] 1.1 6.5 1.2

56.20 [190] 2.4 808.13 [550] 6.7 2.12 6.8

56.22 [190] 2.3 808.14 [550] 6.9 2.4

Ch 83 [780] Ch 4 56.23 [190] 2.6 27.10

2.12 27.11 27.20

56.27 [190] 4.15 27.30

l190] 5.9 27.40

56.30 27.50 27.60

Ch 68A [630] 11.5 27.70 [730] 86.1 27.80

87.2 27.90 88.2 27.100

[820] 07,0 12.1 27.110

n

~ ~ . ·~

.. ':..,.

-~

:.r

( .. :. ·, ~ . ;,. <:~ ··: .

. . .. . ~ ~ "'

.'I'

. :' .:•


'..~ Code Code


Ch 83 (cont'd) [780] 27.120 86.13 [500] 3.1 27.130 27.140 86.17 [500] 4.20 27.150 27.160 86.18 [500] 4.2 27.170 4.17 27.180 4.18

4.20 83A.8 [780] 4.8 4.23

4.31 84.1 [580) 12.1 4.34

12.2 12.4-12.6 86.19 [500] 4.30 12.15 4.32

84.2 [580] 12.1 12.4-12.6 86.20* [500] 8.7 12.15

86.24 [500] 4.2 84.4 [580] 12.1 4.25

12.2 4.27 12.4-12.6 4.28 12.15 4.30

84.5 [580] 12.1 86.36 (500] 4.7 12.2 12.4-12.6 86.40 [500] 4.30 12.15 4.33

85.27 [500] 8.1 Ch 88 [530] 5.1-5.24 8.5

88.3 (530] 5.2 85.31 (500] 8.4 5.7

8.6 88.5 [530] 10.1

85.33 [500) 3.1 10.2 8.6 10.12

10.19 85.34 [500) 2.4 10.20

8.4-8.6 26.1

85.35 [500) 6.1 88.5(11) [530] 27.1-27.10 6.5

88.6 [530] 3.1-3.8 85.36 (500] 8.2 3.12

8.4 4.7 4.16

85.37 [500] 8.4 4.18 5.8

85.39 [500) 8.1 5.24

85.45 [500) 4.6 88.7 [530) 3.9 6.3 4.5

4.9 85.47 [500] 6.3 5.9

5.24 85.48 [500) 4.6

88.8 [530) 3.11 85.61 [500] 8.2 4.9

8.4 8.8 88.9 [530) 8.21

9.5 86.8 [500] 1.1

1.2 88.10 [610) 1.1 2.2 1.7 2.3 1.9 4.1 1.12 4.17 1.20

\....,) 4.18 1.30 4.23 1.33-1.35 4.28 1.37 4.34-4.36 1.51-1.55

*Repealed by 82 Acts, ch 1161, §28; see §85.21. 1.62-1.65


Code Code ~ Section or Agency No. Section or Agency No.

Chapter and Rule Chapter and Rule

88.10 (cont'd) [610) 1.70 96.3(3) [370) 4.13 1.74 96.3(7) [370) 3.43 1.76 4.55 1.77 5.7 1.90 1.92 96.4 [370] 4.24 1.100 1.104 96.4(1) (370] 4.2 1.110

96.4(3) (370] 4.1 88.12 (530] 3.7 4.2

4.11 88.14 [530] 3.4 4.22

4.5 4.26 4.9 4.31

88.16 (530] 8.1-8.6 96.4(5) (370] 3.83 3.84

88.18 (530] 4.8 3.86 3.87

Ch 88A (530] 61.1-61.3 4.25 62.1-62.19 4.31

Ch91 [370] 4.41 96.4(6) (370] 4.39 4.42

96.5 (370] 3.12 Ch 92 (530] 32.1-32.17 4.13

4.24 4.32

Ch 93 [380] 6.1 96.5(1) (370] 4.25 9.1-9.6 4.26 10.1-10.9

\.._,/ 15.1-15.5 96.5(1)"a" [370] 3.43

93.7 [380] 4.6 4.28

7.1-7.8 96.5(3) (370] 4.24 8.1-8.8 4.34

93.8 (380] 13.1-13.5 96.5(4) (370] 4.34

Ch 94 (350] 2.1 96.5(5) (370] 4.1

94.6 (350] 6.1-6.4 4.13

94.7 (350] 7.1-7.3 96.5(8) (370] 5.9

94.8 (350] 8.1 96.5(9) (370] 4.57

8.2 96.6 (370] 4.1

(350] 9.1-9.4 4.2

94.10 4.5 10.1-10.4 4.6

4.11 94.11 (350] 5.1-5.4 4.37

9.1-9.4 6.2 10.1-10.4

Ch 95 (350] 2.1 96.6(2) (370] 3.12

3.43

95.1 [350] 1.1-l.S 4.2 4.7

95.2 [350] 4.1-4. 7 4.8 4.10

8.1 8.2 96.6(3) [370] 6.3 10.1-10.4

95.5 [350) 5.1-5.4 96.6(4) (370] 1.1-1.6

96.3 [370) 4.59 96.6(5) (370] 6.4

(770) 95.8 96.6(8) [370]·6.4 ~


\.,.1 Code Code Seetion or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

96.7 [370) 3.40 96.8 [370) 3.4 3.59 3.31 3.70 3.47 6.2

96.8(2) [370) 3.46 96.7(1)"b" [370) 2.5

3.8 96.8(5) [370) 3.43 3.51

96.7(2)"a" [370) 2.11 2.12 96.9(5) [370) 3.43 3.40

96.9(8) [370) 4.43 96.7(3) [370) 3.4

3.31 96.10 [370) 1.1-1.6

'-../ 3.43 3.47 96.11 [370) 4.1

4.13 96.7(3)"a" [370) 2.11 6.2

2.12 3.40 96.11(1) [370) 2.9 3.44 2.18 3.49 3.1

3.6 96. 7(3)"a"(2) [370) 5.8 3.32

3.43 96. 7(3)"a"(7) [370] 3.49 3.44

4.13 96.7(3)"b" [370) 2.12 4.24

3.28 4.50 3.29 5.2 3.32 5.3 3.41 5.7-5.11

\..._) 10.2-10.9 96.7(3)"c" [370) 3.6

3.36 96.11(5) [370) 1.1-1.6 3.41

96.11(7) [370) 2.3 96.7(3)"d" [370] 3.6 3.82

3.40 5.6 3.41 3.47 96.11(10) [370) 5.4 3.82 5.5

5.9 96.7(4) [370) 3.58

96.11(11) [370] 3.2 96.7(5) (370) 6.7 4.50

4.54 96.7(7) [370) 3.58

96.12 (370] 7.2 96.7(8) [370) 3.71 7.4

\_,) 3.72 7.6 7.8

96.7(8)"a" [370) 3.10 96.14(1), (2) [370] 2.5

96.7(8)"b" [370) 3.43 3.54 3.72 3.58

3.63 96.7(8)"c" [370) 3.43

96.14(3) [370) 3.58 96.7(9) [370] 3.70 3.65

3.73 96.7(9)"a"(2) [370] 2.8 5.8

96.7(9)"b" [370] 3.54 96.16 [370] 5.2-5.6 5.8..

96.7(10) [370) 3.16 3.70 96.16(2) [370) 5.10

5.11

~ 96.7(11) [370) 3.70

96.16(4) [370) 3.43 96.7(13) [370] 3.17 4.55

5.7 96.7(15) [370] 340


Code Code ~ Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

96.17(2) [370] 5.2 978.15 [370] 8.1 5.3 8.21

96.19(1) [370] 3.1 978.16 [370] 8.9

96.19(4) [370] 2.11 978.34 [370] 8.20 2.12 3.40 978.37 [370] 8.20

96.19(5) [370] 2.12 978.39 [730] 40.4

96.19(5)"b" [370] 3.28 978.40 [370] 8.15

96.19(6)"a" [370] 3.3 978.41(1) [370] 8.4 4.25 8.5

96.19(6)"a"(l) [370] 3.3 978.41(3) [370] 8.3 8.5

96.19(6)"a"(6) [370] 3.3 8.10 3.27 8.16 3.71 8.17 3.85

978.41(11) [370) 8.17 96.19(6)"g" [370] 3.20

96.19(7) [370] 4.58 978.41(14) [370) 8.16

978.41(17) [370) 8.10 96.19(9) [370] 4.22

978.41(18) [370] 8.12 96.19(12) [370] 3.2 8.17

3.3 978.41(20) [370] 8.13

'.,~ 96.19(20) (370] 3.6 3.7 978.43 [370] 8.12

96.19(21) [370] 2.3 978.44 [370] 8.10 3.40 3.41 978.45 [370] 8.11

8.18 96.19(26) (370] 3.43 8.19

96.19(28) (370] 3.43 978.46 [370] 8.8 8.11

96.20 [370] 3.43 8.19 3.44

978.47 [370] 8.11 96.29 [370] 4.23 8.13

4.24 8.18 4.37 8.19

97A.5(4) (690] 1.1-1.3 978.48 [370] 8.11 ~ 1.100-1.127 8.18

8.19 97A.I2 [730] 40.4

978.49 (370] 8.11 978.5 [370] 8.1 8.13

8.19 978.8 [370] 8.1 8.21

978.9 (370] 8.3 978.50 [370] 8.11 8.7 8.13

8.19 978.10 [370] 8.3 8.22

8.8 978.51 [370] 8.11

978.11 [370] 8.2 8.13 8.3 8.21

978.12 [370] 8.3 978.52 [370] 8.10 8.14

978.14 [370] 8.2 8.15 8.6


Code Code \..,/ Section or Agency No. Section or Agency No.

Chapter and Rule Chapter and ~ule

978.53 [370) 8.8 98.25 [730) 81.2 8.14 81.5 8.15 81.11

81.14 978.70 [370) 8.14 82.6

8.15 98.26 [730] 81.3

978.75 [370] 8.12 98.28 [730] 81.3

97C.2 [370] 9.5 81.8 9.6 81.11

82.5 91C.5 [370) 9.7

98.29 [730) 81.11

\_,) 97C.6 [370) 9.3 9.7 98.30 [730] 81.6

97C.II [370) 9.7 98.31 [730) 81.8 81.10

97C.I8 [370] 9.2 81.15 9.4 81.16 9.6 82.10 9.8

98.35 [730] 82.5 Ch 98 [730) 81.1

98.39 [730] 82.10 98.1 [730] 82.10

98.43 [730] 83.3 98.6 [730) 82.4 83.4

82.5 83.9 83.11

98.7 [730) 82.5

\..,I 98.44 [730]. 81.7 98.8 [730) 81.16 81.12

82.5-82.7 81.13 82.11 83.1

83.2 98.10 [730] 82.5

82.8 98.45 [730] 81.4 81.5

98.12 [730] 82.5 83.8 82.6

98.46 [730) 81.8-81.11 98.13 [730] 81.13 83.5-83.7

82.1 83.9 82.2 82.10 98.47 [730] 83.6

83.10 98.14 [730] 81.7

82.3 98.48 [730] 81.12

\...,! 98.15 [730) 81.3-81.S 98.49 [730] 81.2

81.4 98.16 [730) 81.13 81.5

82.1 81.11 82.10 81.14

83.9 98.17 [730] 81.13

82.1 998.1 [730] 91.4 82.3 91.6 82.8 94.1

94.3 98.18 (730] 81.4

998.2 [730) 91.4 98.19 [730) 81.4 91.6

91.7 98.22 [730) 81.12 92.3

82.10 93.2

\.,_) 94.2

98.23 [730] 81.13 94.10 82.1 95.2 82.3

98.24 [730] 81.4


Code Code v Section or Agency No. Seclion or Agency No. Chapter and Rule Chapter and Rule

998.3 [730] 92.3 104.3 [530] 71.1 71.3

998.5 [730] 92.8 71.5 72.1-72.18

998.6 [730] 93.2 73.1-73.19 93.7 74.1 94.10 75.1-75.5

76.1-76.7 998.7 [730] 91.6

91.7 104.5 [530] 71.4 94.1-94.3 94.8 104.6 [530] 71.2 95.5 71.5

998.8 [730] 96.1 104.8 [530] 76.1-76.7 96.2

104.9 [530] 76.1-76.7 998.9 [730] 95.2

104.10 [530] 78.1-78.10 998.12 [730) 93.7

104.11 [530] 77.1-77.6 998.14 [730] 91.5

91.6 104.13 [530] 75.1-75.5

998.15 [730] 91.1 104A.7 [630] 5.700 5.704

99C.5 [110] 3.1-3.13 106.2 [290] 34.1-34.7

100.18 [680] 5.806-5.808 106.3 [290] 39.8-39.10

100.35 [680] 5.50 5.100-5.102 106.5 [290] 28.1 5.150-5.153 28.19 5.200 39.1-39.10

100.39 [680] 5.230 106.7 [290] 32.3

Ch 100A [680] 5.1-5.14 106.9 [290] 27.6-27.8 27.13

Ch 101 [680] 5.250 40.1-40.3 5.300-3.306 5.350 106.11 [290] 36.1-36.3 5.400 5.450-S.4S2 106.15 [290] 30.61

101.1 [680] 5.2SI 106.17 [290] 30.22 S.275 30.30

101A.5 [680] 5.850-S.8S2 106.20 [290] 29.1-29.10

103.12• [680] 5.SO 106.24 [290] 29.1-29.10 5.100-5.102 5.150-5.153 106.26 [290] 30.6 5.200 30.10

30.54 103A.7 [630] 5.3 30.60

5.100-5.800 106.27 [290] 34.1-34.7

103A.9 [630] 5.3 5.100-5.800 106.31 [290] 26.1-26.15

30.2 103A.13 [630] 5.1-5.7 30.6

30.9 103A.14 [630] 5.1-5.7 30.59

40.1-40.3 103A.15 [630] 5.1-5.7

106.32 [290] 33.1-33.5 103A.16 [630] 5.1-5.7 54.1-54.15

103A.l7 [630] 5.1-5.7 106.33 [290] 50.2

Ch 104 [530] 73.1-73.18 74.1-74.3

•Repealed by 81 Acts, ch 46, §3; see §100.35.


~ Code Code


106.49 [290] 28.11 109.39 [290] 12.1 18.1-18.6

106.56 [290] 39.1-39.10 100.1-100.4 101.1

107.16 [730] 43.4 102.1-102.3 103.1-103.3

107.20 [290] 48.1--48.3 104.1-104.6 106.1-106.5

107.24 [290] 21.1-21.6 107.1-107.4 49.1--49.3 108.1

108.2 107.29 [290] 72.1-72.14 109.1-109.4

111.1-111.5 107.30 [290) 72.1-72.14 112.1-112.6

107.31 [290) 72.1-72.14 109.42 [290] 18.1-18.6

107.32 [290] 72.1-72.14 109.48 [290] 14.2 100.1-100.4

107.33 [290] 72.1-72.14 101.1 102.1-102.3

107.34 [290] 72.1-72.14 103.1-103.3 105.1-105.6

107.35 [290] 72.1-72.14 106.1-106.5 107.1-107.4

107.36 [290] 49.1--49.3 109.1-109.4 111.1-111.5

109.5 [290] 3.1 112.1-112.6 3.2 14.2 109.67 (290] 108.1

108.2 109.6 [290] 1.1

~ 1.2 109.74 [290] 20.1 3.1 3.2 109.76 [290] 108.1 4.1 108.2 8.1 8.2 109.87 (290] 104.1-104.6 14.1 14.2 109.90 [290] 104.1-104.4 15.1 24.1 109.100 [290] 12.1 24.2

109.106 [290] 13.1 109.7 [290] 14.2

109A.3 [290) 19.1-19.3 109.8 (290) 3.1

3.2 110.3 [290) 22.1-22.11 23.1-23.14

109.15 [580) 7.1 7.2 110.11 [290) 66.1-66.7 7.10 7.11 7.20-7.26

110.13 [290) 67.1-67.4

7.30-7.32 111.2 [290] 48.1--48.3

109.17 [290] 110.1-110.7 111.4 [290] 33.1-33.5 34.1-34.7

109.38 [290] 100.1-100.4 54.1-54.15 101.1 55.1-55.4 102.1-102.3 103.1-103.3 111.25 (290) 34.1-34.7 104.1-104.6 54.1-54.15 106.1-106.5 55.1-55.4 107.1-107.4 108.1 111.35 [290) 41.1-41.10 108.2 43.1--43.9 109.1-109.4 111.1-111.5 111.44 [290) 41.1--41.10 112.1-112.6

111.45 [290] 41.8


-' Code Code Section or Agency No. Section or Agency No. \.,.,) Chapter and Rule Chapter and Rule

111.47 [290] 14.1 116.19 [10] 7.5 15.1 41.1-41.10 116.20 [10] 5.1-5.3 45.1-45.5 6.1-6.5

9.1-9.11 111.48 [290] 41.1-41.10 10.1-10.6

12.9 111.49 [290) 41.9

Ch 117 [700) 1.1-1.33 111.50 [290] 41.1-41.10

117.1 [700) 1.4 111.51 [290] 41.10

117.3 [700) l.l-1.33 111A.4 [290] 52.1-52.9 2.2

114.6 [390] 1.11 117.5 [700] l.l-1.33 3.1-3.14

117.11 [700] 1.17 114.14 [390] 1.2

117.15 [700] 1.3 114.21 [390] 4.2 2.2

114.22 [390] 1.8 117.16 [700] 1.3 2.2

115.1 (760] 1.2 117.20 [700] 1.3

115.2 [760] 1.2 2.2

115.3 [760] 1.2 117.21 [700] 2.3

115.4 [760) 1.5 117.23 [700] 2.3

115.7 [760] 1.6 117.24 [700] 1.27 ~ 1.30

115.8 [760] 3.3 117.27 [700] 1.13

115.15 [760] 1.3 117.28 [700] 1.7

115.17 [760] 1.4 1.32 2.2

Ch 116 [10] 1.1 2.1-2.14 117.31 [700) 1.25 3.2-3.4 1.30 3.6 3.8-3.13 117.32 [700] 1.4 4.1-4.4 1.33 4.6-4.17 5.1-5.3 117.34 [700) l.l-1.33 6.1-6.5 7.1-7.4 117.34(7) [700] 1.1-1.33 8.1-8.6 2.4 13.2 14.2 117.46 [700] 1.27

1.28 116.3 [10] 2.3 1.30

2.8 2.4 6.1 11.1-11.6 118.5 [80) l.l-1.4 12.9 2.1-2.3 14.1

118.11 [80) 2.5 116.5 [10] 3.1

3.5 118A.I3 [540) 2.8 3.7 2.10

116.8 [10) 4.5 120.6 [850) 2.1 2.2

116.10 [10] 13.1 --120.7 [850] 2.1

116.12 [10] 6.4 2.2 \._.,J 116.15 [10] 14.1 120.8 [850] 3.1-3.7


\..,) Code Code Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

120.9 [850) 3.5 123.49 [150) 4.9 4.25

120.10 [850) 5.1-5.10 4.28

120.18 [850) 4.10 123.51 [150] 6.1

123.3 [150) 4.2 123.56 [150] 4.29 4.4 5.1 4.13

123.92 [150] 5.8 123.4 [150] 1.1-1.7

123.93 [150] 5.8 123.5 [150] 1.1-1. 7

123.94 [150] 5.8 123.6 [150] 1.1-1.7

123.95 [150] 4.23 123.10 [150] 1.1-1.7

123.15 [150] 11.1-11.12 123.125 [150] 12.2

123.20 [150] 9.1-9.16 123.128 [150] 5.9

123.21 [150] 2.1-2.8 123.129 [150) 5.9

3.1-3.7 123.134 [150] 4.6 4.2 4.17 123.141 [150] 4.24 4.19 4.31 Ch 125 [805] 2.2 7.2 3.1-3.25 7.3 8.1 125.2 [805) 1.1

\_,) 8.2 3.1 9.1-9.16 12.1 125.3 [805] 1.2 12.2 1.3

123.24 [150] 4.20 125.4 [805) 1.3

123.27 [150] 4.29 125.5 [805) 1.3

123.29 [150] 5.2 125.6 [805] 1.3

123.30 [150] 4.2 125.7 [805) 1.3 4.25 4.1-4.3 5.6 5.9 125.8 [805] 1.2 12.2

123.31 [150] 4.21 125.9 [805] 1.2

5.7 125.10 [805] 1.2

123.32 [150] 10.1-10.14 125.12 [805] 1.5 3.22

123.36 [150] 4.6 125.13 [805] 3.2

123.38 [150] 4.13 3.5 4.16 3.6 4.18 3.11

3.16 123.39 [150] 4.3 3.22-3.24

4.14 4.15 125.14 [805] 3.3 4.27 3.8 10.1-10.14 3.13

123.41 [150] 4.30 125.15 [805] 3.7 5.4 3.21

123.42 [150] 5.4 125.16 [805] 3.4

123.45 [150] 4.10 125.17 [805] 3.10 5.5 3.13


Code Code 1..,_,1 Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

125.18 [805) 3.11 135.74 (470) 203.8 3.13 204.1 3.15 3.17 135.82 [470] 201.1-201.21

125.19 [805) 3.12 135.83 [470] 203.3 203.8

125.20 [805) 3.22 203.10

125.21 [805] 3.25 135B.7 [470] 51.3

125.25 [805] 2.1 Ch 135C [470] 59.1-59.57 2.2 63.1-63.46

125.33 [805) 3.22 135C.I4 [470) 57.1-57.14

125.37 [770] 9.1 57.19-57.48 58.1-58.16

9.5 58.18-58.29

125.38 [80S] 3.24 58.31-58.52 S9.1-S9.20 S9.22-S9.34

12S.39 [80S) 3.22 S9.36-S9.S1 63.1-63.9

12S.41 [80S] 3.18 63.11-63.46 4.7 64.1-64.S8

12S.42 [805] 3.19 13SD.22 [730] 74.1-74.4 74.6

12S.44 [80S] 2.1 13SD.26 [730] 74.S

125.S4 [805) 3.20 [820) 07 ,D 11.40

Ch 135 [470] 6.1-6.S 13SE.3 (600] 2.2 121.1 121.2 13SE.9 [600] l.l-1.3 127.1-127.4 2.2-2.4

2.6 13S.II (470] 19.1-19.S 2.7

2S.I 2S.2 135E.IS (600] 2.S 4S.I-45.13 3.2 73.1-73.4 77.1-77.3 Ch 136C [S90] 6.4 79.1-79.5 6.5 80.1-80.11 7.1 101.1-101.8 7.2 146.1

136C.3 [320] 22.1-22.10 13S.31 [470] 4.1-4.4 [470) 38.1-38.1S

39.1-39.18 135.40 [470] 5.1 40.1-40.9

41.1-41.5 135.45 (470) 111.1-111.11 42.1

13S.46 [470] 111.1-111.11 137.9 [470] 78.1-78.5

135.47 [470] lll.l-111.11 138.18 [470] 81.1-81.6

135.61 (470] 201.1-201.21 139.2 [470] 1.2 202.2 203.3 139.9 [470] 7.1-7.10 203.8 203.10 140.5 [470] 3.2

135.64 [470] 203.1-203.10 140.7 [470] 3.2

13S.70 (470] 202.1-202.17 140.11 [470] 3.1

135.71 [470] 202.1-202.17 140.13 (470] 2.1 \.,.; 135.72 [470] 202.1-202.17 Ch 144 [470] 96.5

203.1-203.7 97.1

144.3 [470] 96.1 96.6-96.8


~ Code Code


144.3 (cont'd) [470] 98.1-98.6 147.36 (cont'd) [470] 149.2 99.1-99.13 149.4 100.1-100.7 149.6 101.1-101.8 102.1-102.9 149.7

103.1 152.2-152.8

104.1 154.1

104.2 154.2 160.6

144.43 [470] 96.2 147.47 (470] 135.101-135.108

Ch 147 [590] 4.1 [620] 1.1-1.13 147.49 [470] 135.101-135.108

4.1-4.5 147.53 [470] 135.101-135.108 5.1-5.10 [500] 3.1

147.1(4) [320] 1.1 [590] 3.1 6.1-6.3

147.2 [320] 10.1 [470] 135.1()2 147.55 [470] 135.201-135.215

135.251 147.3 [320] 11.2 135.401

11.5-11.7 135.402 138.112

147.7 [320] 10.2 140.212 [470] 141.12 [620] 6.5

10.1-10.3 147.9 [320] 6.3

[470] 141.12 147.57 [320] 10.4

147.10 [320] 10.2 147.58 [470] 135.301 14.1 14.2 147.71 [470] 135.301

\.,_) [470] 135.101-135.108 147.76 [320] 1.1 141.12

147.98 1.3 160.6 [470] 135.1

[590) 3.1-3.3 135.101-135.108 4.1-4.3 135.401

[620) 6.8 135.402 137.2-137.5

147.11 [320) 14.4 140.6 [590] 3.3 140.212

4.3 146.1-146.5 147.1-147.7

147.13 [320) 1.2 150.1-150.11 153.1-153.16

147.14 [320) 5.1 154.1 154.2

147.22 [320) 5.2 157.1-157.7 160.6

147.24 [320) 5.4 160.7

147.29 [320] 11.1 147.80 [320] 10.2 11.4 15.1-15.3

[470] 135.101-135.108 [470] 135.101-135.108 149.1 137.6 149.2 138.200-138.213 149.4 139.3 149.6 140.4 149.7 140.8 152.2-152.8 140.9

[590) 3.1-3.3 144.1 4.1-4.3 144.2

145.5 147.30 [320) 1.4 145.10

149.2 147.34 [320] 11.1 155.3

11.4 155.6 155.7

147.36 [320] 12.1-12.4 160.4-160.7 [470] 135.101-135.108 [590] 3.1-3.3

137.2-137.5 4.1-4.3 143.5 [620] 1.2 149.1 4.1

5.6


Code Code \.,I Secrion or Agency No. Secrion or Agency No.

Chapler and Rule Chapler and Rule

147.81• [470] 147.98 149.7 [470] 139.2-139.4

147.82 [470] 135.102 150A.3 [470] 135.102 135.108

150A.7 [470] 135.101-135.108 147.90 [470] 149.1

149.2 151.4 [470) 141.1 149.4 141.11 149.6 141.13 149.7 152.2-152.8 Ch 152 [590] 3.1 154.1 4.1 154.2 6.4

6.5 147.94 [620] 1.2 7.1

4.1 7.2 5.1 5.7 152.1 [590) 3.1

6.1-6.3 147.100 [470) 155.3

155.4 152.7 [590] 3.1-3.3 155.7 4.1-4.3

147.102 [470) 135.101-135.108 152.8 [590] 3.1-3.3 4.1-4.3

147.152 [470] 157.1-157.7 152.10 [590} 6.1-6.3

147.153 [470] 155.3 153.13 [320) 1.5

147.154 [470] 155.3 153.15 [320] 1.6

147.155 [470] 155.3 10.3 10.4

Ch 147A [620] 11.1 11.2 153.17 [320] 10.1

147A.4 [470] 132.1-132.11 20.1-20.5 21.1-21.3

147A.5 [470) 132.12 153.22 [320] 13.1

148.3 [470] 135.101-135.108 15.1-15.3

148.4 [470) 135.101-135.108 153.23 [320] 14.3

148.5 [470) 135.101-135.108 153.30 [320) 14.4

148.6 [470] 135.1 153.32 [320] 21.1-21.3

135.201-135.215 153.33 [320] 20.1-20.5 135.251 21.1-21.3 135.301 22.1-22.10

148.7 [470] 135.301 26.1-26.4 27.1-27.3

148.8 [470] 135.301 28.1 28.2

148.9 [470] 135.301 31.3-31.6 51.7

148.10 [470) 135.101-135.108 153.34 [320] 30.1-30.4

148B.7 [470) 137.6 153.37 [320] 13.2 138.200-138.213

148C.3 [470] 136.3 153A.4 [470] 159.1-159.6

136.4 153A.9 [470] 159.1-159.6 136.11

148C.6 [470] 136.3 153A.11 [470] 159.1-159.6

136.4 154.3 [470] 143.7 136.11

148C.7 (470] 136.5 154A.15 [470] 145.5

145.10

148C.11 [470] 136.3 154A.17 [470] 145.10 136.4 136.11 154B.6 (470] 140.5

•Repealed by 81 Acts, ch 5, §10; 82 Acts, ch 1005, §9; see 81 Acts, ch 5, §10; 82 Acts, ch 1005, §10.

lAC 3116/83 Rules Implementing Statutes Page 17

~ Code Code


Ch 155 [620] 1.1-1.13 163.1 (cont'd) [30] 16.82-16.84 4.1-4.5 16.91-16.94 5.1-5.10 16.96 6.1-6.9 17.3-17.5

17.7 155.3 [620] 2.5-2.7 17.9

17.11 155.5 [620] 1.13 18.1-18.3

1.14 18.6 3.3 18.7 3.5 18.9

18.11 155.6 [620] 3.2-3.6

163.2 [30] 16.1 155.12 [620) 2.1 16.12

4.4 16.15

155.17 [620] 2.2 163.3 [30] 18.4 2.4

163.4 [30] 18.4 155.18 [620) 2.3 18.10

156.3 [470] 147.1 163.7 [30] 17.5 17.11

156.10 [470] 86.1 163.10 [30] 16.2

157.5 [470] 149.8 163.11 [30] 16.41

157.6 [470] 150.1-150.11 16.80 17.1

157.10 [470) 149.3 17.5 17.7

157.14 [470] 150.1-150.11 17.8 154.1 17.11 154.2 160.6 163.12 [30] 17.2 160.7

163.13 [30] 17.2 158.5 (470) 153.1-153.16

163.14 [30] 16.34 158.7 (470] 152.2 16.35

16.41 158.15 [470] 153.1-153.16

163.15 [30] 16.57 159.1 [30] 11.1 16.133

159.5 [30] 16.133 163.17 [30] 16.3 16.134 16.17

160.1 [30] 24.1 163.19 [30] 18.7 18.9

161.12 [730] 8.1(7)-Form 56-067 163.20 [30] 16.10

162.1 [30] 20.1-20.5 163A.1 [30] 16.43

162.2 [30] 20.3 163A.3 [30] 16.43

162.16 [30] 20.6 20.7 163A.9 [30) 16.47

163.1 [30] 11.3 163A.12 [30) 16.67 16.1 16.68 16.2 16.71 16.4-16.7 16.11 164.2 16.13

[30] 16.58

16.32-16.35 164.4 [30] 16.49 16.38 16.50 16.39 16.58 16.41 16.65 16.42 16.74-16.77 16.53 16.82-16.85 16.56 16.58

Page 18 Rules lmpJementing Statutes lAC 3/16/83

Code Code \....,) Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

164.4 {cont'd) [30] 18.8 167.7 [30] 12.6 18.10

167.8 [30] 12.23 164.6 [30] 16.64

16.68 167.10 [30] 12.7

164.7 [30] 16.78 167.11 [30] 12.11 12.12

164.10 [30] 16.55 167.12 [30] 12.12

164.11 [30] 16.52 16.79 167.13 [30] 12.23

12.24 164.12 [30] 16.52 12.28

18.4 12.29 12.33

164.15 [30] 16.51 167.14 [30) 43.8

164.17 [30] 16.54 167.15 [30) 12.15-12.18

164.19 [30] 16.51 43.10

164.30 [30) 16.63 167.17 [30) 12.19

165.2 [30] 16.58 167.18 [30) 12.31 12.32

165.4 [30] 16.81 16.15

165.10 [30] 16.90 167.19 [30] 12.25

165.12 [30) 16.86 168.2 [30] 11.1 16.87

168.5 [30] 16.89 11.1 16.97

168.6 [30] 11.1 16.98 16.100

169.4 [842] 4.1-4. 7 165.13 [30] 16.73

169.5 [842] 1.1-1.5 16.90 16.99 2.1-2.4

3.1 165.17 [30) 16.101 3.2

4.1-4.7 165.26 [30) 16.90 5.1

6.1 165.32 [30) 16.88 7.1

8.1 165.36 [30] 16.80

169.9 [842] 1.1-1.5 16.95 2.1-2.4

166A.7 [30] 17.9 3.1 3.2

166A.8 [30] 16.30 4.1-4.7 5.1

166A.ll [30] 17.9 6.1 7.1

1668.2 [30] 12.30 169.12 [842] 2.2

Ch 166C [30] 16.147-16.152 4.3 4.4

166C.3 [30] 16.149 8.1 16.151 8.3 16.153

169.13 [842] 6.1 167.2 [30] 12.1

Ch 170 [30] 38.1-38.13 12.3

167.3 [30] 12.2 170.2 [30] 38.1

167.4 [30) 12.4 170.16 [30) 38.2 \.-1 167.5 [30] 12.5 Ch 1708 [30) 39.2

43.8 172C.5 [750] 12.1


Code Code \._I Section or Agency No. Section or Agency No.


172C.6 (750) 12.1 190.2 [30) 33.3 34.1-34.3

172C.7 (750) 12.1 34.5 35.1

172C.8 [750) 12.1 190.4 [30) 30.26

173.14 (430) 1.1-1.5 2.1-2.8 190.5 (30) 33.7 3.1-3.5 4.1-4.28 190.6 [30) 30.9 5.1 5.2 191A.1 [30) 46.2 6.1-6.30 7.1-7.22 191A.2 [30] 46.1

173.15 [430] 1.5 191A.3 [30] 46.3 2.2-2.8

191A.10 [30] 46.3-46.8 Ch 175 [523] 1.1

1.3 192.5 [30) 30.11 3.1-3.11 33.7

175.2 [523] 2.1-2.19 192.14 [30) 30.26 4.1-4.11

192.19 [30) 30.10 175.3 [523) 4.1-4.11

192.21 [30) 30.11 175.4 [523) 4-1-4.11

192.26 [30) 30.12 175.11 [523] 4.1-4.11

192.30 [30) 30.12 175.12 [523) 2.1-2.19

192.31 [30) 30.11 175.19 [523] 2.1-2.19

192.37 [30] 30.5 175.33 [523) 2.1-2.19

192.39 [30] 30.2 175.34 [523) 4.1-4.11

192.41 [30) 30.2 Ch 177A [30] 26.1-26.15

192.46 [30] 30.12 Ch 179 [30) 2.1-2.6

192.63 [30) 30.12 181.9 [30] 2.1-2.6

192.66 [30) 30.20 184A.I2 [30] 2.1-2.6 31.1-31.10

Ch 185 [30] 2.1-2.6 192A.I [30] 25.1 25.2

Ch 185C [30] 2.1-2.6 25.11

187.5 [30) 15.1 192A.3 [30] 25.3

187.15 [30) 15.2 192A.4 [30) 25.3

189.9 [30) 34.4 192A.7 (30] 25.9

189.11 [30] 30.9 192A.10 (30) 25.10

189A.3 [30] 43.3 192A.It [30] 25.5

189A.4 [30] 43.4 192A.I3 [30] 25.6 43.11

192A.I4 [30] 25.6 189A.5 [30] 43.4-43.6

192A.I5 [30) 25.6 189A.7 [30] 43.3 25.7

43.7 192A.I6 [30] 25.10

189A.8 [30] 43.8-43.10 192A.28 [30] 25.4

189A.I3 [30) 33.5 33.6




192A.30 [30] 25.8 198.9 [30] 6.1-6.20

194.2 [30] 30.13 198.10 [30] 6.1-6.20 30.14 30.16 Ch 199 [30] 5.1-5.3 30.27 5.6-5.15

194.4 [30] 30.1 30.3

200.3 [30] 8.1

30.17 200.4 [30] 8.7 30.26

200.5 [30] 8.1-8.3 194.5 [30] 30.1

200.7 [30] 8.4 ~ 194.6 [30] 30.1

200.11 [30] 8.4 194.9 [30] 30.17

200.14 [30] 8.6 194.11 [30] 30.18

200.15 [30] 8.5 194.12 [30] 30.13

201.6 [30] 8.20 194.13 [30] 30.5

201.12 [30] 8.20 194.15 [30] 30.13

Ch 203 [620] 7.1 194.20 [30] 30.19 7.2

195.7 [30] 30.5 203A.3 [620] 6.7

195.8 [30] 30.5 204.301 [620] 8.3

195.14 [30] 30.1 204.306 [620] 8.15 30.4

204.308 [620] 8.13 195.20 [30] 30.6

204.308 [805] 3.22 195.21 [30] 30.6

30.8 204.406 [615] 4.9

195.22 [30] 30.7 204.413 [615] 4.9

196.9 [30] 35.1 206.2 [30] 10.1

Ch 196A [30] 2.1-2.6 206.3 [30] 10.19

196A.7 [345] 3.2 206.4 [30] 10.28 10.29

196A.9 [345] 3.1 206.5 [30] 10.22

196A.I2 [345] 2.1 10.28 3.2 10.29

196A.I5 [345] 4.1 206.6 [30] 10.22 4.2 , 206.7 [30] 10.22

196A.I7 [345] 4.2 206.9 [30] 10.6

196A.I8 [345] 4.3 10.19

197.1 [30] 11.1 206.11 [30] 10.3 10.6-10.19

198.3 [30] 7.1 10.23 10.24

198.4 [30] 6.1-6.20 10.31 7.7

206.12 [30] 10.3-10.6 198.5 [30] 6.1-6.20 10.9

7.2-7.6 10.11-10.13

198.7 [30] 6.1-6.20 206.15 [30] 10.20 7.7 10.26


Code Code

\.,1 Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

206.16 (30] 10.19 216.3 (635] 1.1 1.2

206.18 (30] 10.18 216.8 (450] 2.20

206.20 (30] 10.21 10.30 217.6 (770] 9.1-9.5

65.1-65.13 206.21 (30] 10.2 65.17

10.19 10.24 217.14 (770] 17.1-17.6 10.25 24.1 10.27 24.3

208A.5 (30] 55.33 217.22 (505] 1.1-1.3 2.1-2.5

208A.6 (30] 55.33 217.23 (770] 8.1

210.11 (30] 33.4 217.30 (770] 9.1-9.5

210.19 (30] 33.2 28.2 28.3

210.20 (30] 33.1 28.12

214.2 [30] 55.34 218.4 [770] 16.1-16.9 17.1-17.6

214A.2 [730) 64.4 18.1-18.3 19.2

214A.3 [30) 55.48 19.4 55.49 20.2

20.3 214A.16 (730] 64.4 21.2-21.4

22.2 215.1 (30) 55.23 28.2

28.3 215.5 [30] 55.40 28.11

55.41 29.1 30.1

215.8 [30] 55.3 101.2-101.19 103.1-103.19

215.10 (30] 55.22 55.63 218.73 (770] 23.1

23.2 215.12 [30] 55.42

219.3 [770) 134.1 215.15 [30] 55.11

Ch 220 [495] 1.8 215.16 [30] 55.18 4.1-4.7

5.1-5.3 215.17 [30] 55.13 5.10

5.20-5.23 215.18 [30] 55.1-55.3 6.1-6.22

55.5-55.10 55.12 220.1 [495] 1.8 55.14-55.17 55.19-55.21 220.4 [495] 1.9 55.24-55.27 1.11 55.36-55.39 1.13 55.47-55.49 2.7 55.63

220.5 [495] 1.8 215.20 [30] 55.34 1.11

55.35 1.12 55.43 2.1

2.4 215A.2 [30] 55.52 2.5

215A.3 [30] 55.54-55.56 220.7(2) (495] 1.10

215A.6 (30] 55.53 220.11 (495] 1.13

215A.7 [30] 55.57 220.12 [495] 1.11 2.1-2.4 2.6


Code Code \.._,) Section or Agency No. Section or Agency No.


220.14 [495) 1.8 232.76 [770] 135.1 2.2 2.6 232.77 [770] 135.1 3.1-3.4 135.5

220.15 [495] 1.11 232.139 [770] 143.1 143.2

220.17 [495] 1.8 2.6 232.141 [770] 141.5

220.18 [495) 2.4 232.142 [770] 105.1-105.19 2.6

232.147 [770] 9.1 220.20 [495] 2.6 9.4

2.9 234.1 [770] 73.1-73.10

220.21 [495) 2.6 2.9 234.6 [770] 73.1-73.10

111.1-111.13 220.22 (495] 2.9 130.1-130.9

2.10 131.1-131.7 132.1-132.8

220.38 [495] 2.10 136.1-136.14 145.1

222.78 (770] 30.2 145.14 150.1-150.9

225C.3 [770] 34.1-34.3 151.1 151.2

225C.7 [770] 32.1-32.4 151.4-151.8 152.1-152.3

225C.8 [770] 32.1-32.4 153.1-153.5 154.1-154.3

225C.9 [770] 32.1-32.4 155.1-155.7 156.1-156.5

225C.10 [770] 32.1-32.4 158.1-158.5 159.1-159.5

225C.11 (770] 32.1-32.4 162.1-162.6

225C.12 [770] 31.1 234.12 [770] 65.1-65.17 31.2 73.1-73.10

225C.17 (770] 34.1-34.3 234.13 [770] 73.1-73.10

229.25 [770] 9.1 234.38 [770] 137.6 9.2 137.9 9.5 137.11

137.17 230.20 [770] 29.2

234.39 [770] 137.1-137.4 230A.I6 (770] 33.1-33.5 137.8

137.16 232.67 [770) 135.1

235A.1 [770) 146.1-146.11 232.68 [770) 135.1

135.2 Ch 236 [770) 160.1-160.9

232.69 [770] 135.1 236.9 [770) 160.10

232.70 [770) 135.1 Ch 237 [770) 112.1 113.1

232.71 [770) 135.1 113.2 135.3 114.1 135.4 115.1 135.11 115.2

116.1 232.72 [770) 135.1

237.1 [770) 116.2 232.73 [770) 135.1

237.2 [770) 113.8 232.74 [770) 135.1 114.6

114.13-114.19 232.75 [770) 135.1 114.21

114.22


~ Code Code


237.3 (770] 107.1 239.2 (cont'd) (770] 44.1-44.6 107.2 45.1-45.1 107.4 46.1-46.8 107.6 112.2 239.3 (770] 40.1-40.3 112.4 41.2 112.6 43.2 112.9 113.4-113.7 239.4 (770] 40.4 113.9 40.5 113.12-113.14 46.5 113.16-113.19 114.2-114.5 239.5 (770] 40.1 114.8-114.12 40.2 114.20 40.4-40.7 114.24 41.1 115.3-115.5 41.2 116.3-116.5 41.4-41.9

43.1-43.4 237.4 (770] 115.6-115.10 44.5

116.6 45.1-45.1 46.1-46.8

237.5 (770] 112.2-112.9 113.3 239.6 (770] 40.1 113.4 40.2

40.4 237.7 (770] 113.10 40.5

113.11 40.7 113.15 46.1-46.8 114.23

239.9 (770] 56.3 237.8 (770] 113.13

114.7 239.14 (770] 46.1-46.8

237A.2 (770] 110.1-110.9 239.17 (770] 46.1-46.8

237A.3 (770] 110.1-110.9 239.18 (770] 40.7

237A.12 (680] 5.500-5.502 Ch 241 (770] 161.1-161.8 (770] 109.1-109.9.

241.2 (770] 161.1-161.8 237A.13 (770] 133.1

247A.5 (770] 24.1 237A.14 (770] 133.1 24.2

133.3 133.4 249.3 (770] 50.1

51.3-51.7 237A.I5 (770] 133.1 52.1

133.3 111.1-111.13 148.4

237A.16 (770] 133.1 148.6-148.11 133.2

249.4 [770] 50.1-50.4 237A.17 (770] 133.1

133.3 249.9 (770] 56.2 133.4

249.12 (770] 54.1-54.8 237A.18 (770] 133.1

249A.2 (770] 78.12 238.4 (770] 108.3 78.14

108.4 81.1 108.6-108.8 81.3

238.18 (770] 108.5 81.6-81.14 82.3

239.1 (770] 41.1 249A.3 (770] 75.1 41.2 75.3

15.5 239.2 (770] 40.7 75.6

41.1-41.5 78.3 41.7 78.10 42.1-42.8 78.12


Code: Code ~.,...) Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

249A.3 (cont'd) (770] 80.4 249C.17 (770] 41.4 81.1 90.3-90.8 81.3 91.5 81.6-81.14 82.3 250.19 [841] 5.1-5.3

249A.4 [770] 75.1-75.3 252.43 [770] 64.1 76.9 64.2 77.13-77.20 77.22 2528.3 [770] 95.6 78.1-78.10 95.7 78.12-78.20 78.24 2528.4 [770] %.1-96.4 79.1-79.8 80.1-80.5 2528.9 [730] 6.3 81.10 84.1-84.5 Ch 257 [670] 3.7

12.1-12.43 249A.6 [770] 75.1

75.4 257.9(2) [670] 12.3

249A.I2 [770] 78.3 257.10 [670] 13.8 78.10 13.18 78.12 14.3 80.4 15.1-15.41 81.10 15.44 82.1 15.45 82.5-82.17 16.4

16.5 249A.I5 [170] 77.22 16.13

78.24 16.17 20.1-20.16

Ch 2498 [20] 1.1-1.7 52.1-52.12 2.1-2.9 3.1-3.8 257.18 [670] 53.1-53.4 4.1-4.25 5.1-5.9 257.25 [670] 3.5 6.1-6.13 7.1-7.9 Ch 258 [670] 26.2-26.5 8.1-8.70 9.1-9.25 Ch 258A [320] 1.7 10.1-10.4 [470] 135.501-135.512

138.1-138.10 249C.1 [770] 55.1 [510] 11.1

90.1 [590] 1.2 90.2 [620] 6.1-6.10

9.1 249C.2 [770] 55.4 10.2

55.9 [850] 4.1-4.11 90.6-90.8

258A.2 [10] 15.1-15.4 249C.3 [770] 55.2 [80] 3.1

90.5 [390] 1.11 91.1 3.1-3.14

[400] 21.1-21.14 249C.4 (770) 90.3-90.8 [470] 138.2

91.3-91.5 138.200-138.213 139.100-139.109

249C.5 (770) 55.2 140.100-140.109 141.13

249C.IO [770] 55.3 141.61 91.4 141.64

141.68 249C.11 [770) 55.3 144.1

55.4 144.2 145.6

249C.I2 (770] 91.2 147.101

249C.I3 [770] 90.7 90.8 91.3


Code Code

~ Section or Agency No. Sc:clion or Agency No. Chapter and Rule: Chapter and Rule

258A.2 (cont'd) [470) 147.102 258A.6 (cont'd) [470] 138.100-138.115 151.1-151.12 139.200-139.213 152.100-152.109 140.200-140.214 156.1-156.9 144.100-144.113

[510] 11.1-11.7 145.200-145.213 [600] 3.1-3.10 147.200-147.213 [620] 6.8 151.101-151.114

9.2 152.200-152.213 [700] 3.6 156.100-156.113 [760] 2.1-2.4 [620] 6.8 [842] 8.1-8.3 9.2

10.1 258A.3 [320] 31.1-31.6 [760] 3.5

[390] 1.11 3.6 3.1-3.14

[400] 21.1-21.14 258A.7 (400] 21.1-21.14 [470] 135.201-135.215

135.251 258A.8 [400] 21.1-21.14 143.8 [470] 135.201-135.215 147.7 156.2 258A.9 [400) 21.1-21.14 156.11a [470] 135.201-135.215

[620] 10.1-10.3 [760] 3.1 258A.IO [400] 21.1-21.14

3.2 [470] 140.212 3.4 [760] 3.3

[842] 2.2 4.4 259A.I [670] 8.1

258A.4 [80] 1.1-1.4 259A.2 [670] 8.2 2.1-2.3 8.5 4.1 8.6

[320] 30.1-30.4 31.1-31.6 259A.5 [670] 8.5

[400] 21.1-21.14 8.6 [470) 135.201-135.215

135.251 260.23 [670] 50.1-50.16 138.100-138.113 139.200-139.213 Ch 261 [245) 6.1 140.200-140.214 13.1-13.5 144.100-144.113 145.200-145.213 261.2(4) [245] 2.1 147.200-147.213 4.1 151.101-151.114 5.1 152.200-152.213 6.1 156.2 11.1 156.100-156.113

[245] 2.1 [510] 9.1-9.3 261.15 [540] 4.1-4.10 4.1 [590] 6.1-6.3 11.1 [620] 10.1-10.3

261.17 [245] 5.1 [760] 3.1 3.4 11.1

258A.5 [320] 30.1-30.4 261.22 [245] 8.1 [400] 21.1-21.14

261.23 [245] 8.1 [470] 135.301 138.100-138.113 139.200-139.213 261.35 [245] Ch 10 140.200-140.214 144.100-144.113 261.37 [245] Ch 10 145.200-145.213 147.200-147.213 Ch 262 [720] 4.1-4.8 151.101-151.114 4.66-4.73 152.200-152.213 8.1-8.6 156.100-156.113 9.1-9.3

[510] 11.1-11.7 262.9 [720] 1.1-1.5 [620] 10.1-10.3

[760] 3.1 2.36 3.5 12.7

258A.6 [400] 21.1-21.14 262.9(3) [720] 11.1 [470] 135.201-135.215

262.12 [720] 11.1

262.34 [720] 8.6




262.41 [730] 40.3 Ch 290 [670] 51.1-51.12

262.51 [730] 40.3 303.5 [490] 5.12

262.69 (720] 4.25-4.53 303.7• [490] 5.2

Ch 263 [720] 5.1-5.3 303.8• [490] 10.1 10.3

263.1 (720] 12.1 16.1 17.1

266.2 [720] 13.1 18.1

267.5 [565] 1.1 303.20 [490] 12.1 12.2

269.1 (720] 15.1 15.10 303.21 (490] 12.1

270.3 (720] 16.1 303.22 (490] 12.1 12.3

270.9 (720] 15.9 16.8 303.23 (490] 12.1

12.3 Ch 272A (640] 1.1 12.4

2.1-2.13 3.1-3.3 303.24 (490] 12.1

12.4 272A.6 (640] 4.1---'4.13

(670] 50.1-50.16 303.25 (490] 12.1 12.2

273.2 (670] 41.1 12.4 41.3 41.4 303.26 (490] 12.1

12.3 273.7 (670] 41.1 12.4

41.3 41.4 303.27 (490] 12.1

12.5 275.16 [670] 51.1-51.12

303.28 [490] 12.1 Ch 280 [670] 3.7 ( 12.5

12.1-12.43 303.29 (490] 12.1

280.4 [670] 57.1-57.6 12.5

280.13 (670] 9.1-9.4 303.30 (490] 12.1 9.6 12.5 9.7 9.15 303.31 [490] 12.1 9.16 12.5 9.18-9.20

303.32 (490] 12.1 280A.1 (670] 34.1 12.5

34.2 303.33 (490] 12.1

Ch 281 (670] 3.7 12.1-12.43 303A.21 (560] 1.12

281.3 (670] 12.3 303A.22 (560] 1.13

281.6 (670] 51.1-51.12 Ch 304 (710] 2.4 (720] 10.1-10.3

Ch 283A (670] 10.3 304A.4 (100] 1.2

Ch 285 (670] 22.1-22.43 2.1 2.3

285.1 (670] 22.43 3.1-3.10

285.12 (670] 51.1-51.12 304A.6 (100] 1.2 2.1

· 286A.9 (670] 34.1 2.3 34.2 3.1-3.10

•Repealed by 82 Acts, ch 1238, §23; see §303.5.


1..__.1 Code Code Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

305A.I [70] 10.1 307.26 [820] IO,A 1.1 10,8 1.1

305A.2 [70] 1.1 2.1 1.2 3.1-3.4 6.1-6.3 7.1 Ch 307A [820] 06,Q 9.1 8.1 9.2 9.1 13.1-13.5 12.1-12.3 14.1-14.5

17.1-17.6 305A.3 [70] 5.1

307A.2 [820] 06,0 1.1 305A.5 [70] 1.2 06,Q 1.1

08,0 1.1 305A.6 [70] 1.1 1.2

1.4 30SA.7 [70] 11.1 1.5

307A.4 [820] 06,P 2.1-2.5 305A.8 (70] 11.1 5.1-5.5

6.1 305A.9 [70] 1.1 6.2

11.1 06,Q4.1 5.1

Ch 306 [820] 08,C 3.15 6.1 18.1-18.5

306.19 [820] 06,C 1.1-1.14 19.1-19.2

Ch 306A [820] 06,C 2.1 08,0 1.3

307A.7 [820] 06,P 1.1-1.3 306A.I [820] 06,C 1.1-1.14

3078.4 [695] 1.1 306A.2 [820] 06,C 1.1-1.14 2.1

3.1 306A.3 [820] 06,C 1.1-1.14

(695] 1.2 3078.5 306A.4 [820] 06,C 1.1-1.14

3078.6 [695) 1.3 306A.5 [820] 06,C 1.1-1.14 1.5

3.1 306A.6 [820] 06,C 1.1-1.14

3078.7 [695) 2.2 306A.7 [820] 06,C 1.1-1.14 2.4

2.5 306A.8 [820] 06,C 1.1-1.14 3.2

Ch 3068 [820] 06,0 5.1-5.8 [820) IO,C 2.1

3078.8 [695) 2.2 Ch 306C [820] 06,0 5.1-5.8 3.2

306C.2 [820] 06,F 7.1 Ch 308A [820) 06,P 4.1-4.3 7.2

Ch 309 [820) 06,Q 2.1 306C.3 [820) 06,F 7.3 2.2

306C.4 [820] 06,F 7.5 309.22 [820] 06,Q 3.1

306C.5 [820) 06,F 7.4 Ch 310 [820) 06,Q 15.1-15.4

306C.6 [820) 06,F 7.6 310.2 [820) 06,Q 4.1

306C.8 [820] 06,F 7.1 5.1

307.1 [820) IO,A 1.1 310.27 [820] 06,Q 16.1

312.2 [780) 5.1-5.95 307.25 [820) 09,8 1.1 7.31-7.40

1.3 [820) 08,E 2.1 1.6 2.2 2.1-2.9

312.10 [820] 06,P 3.1

313.1 (820] 08,0 1.3


Code Code Section or Agency No. Section or Agency No. "'-" Chapter and Rule Chapter and Rule

313.2 [820] 06,Q 7.1 321.57 [820] 07,0 8.4 10.4

Ch 316 [820) 06,F 8.1-8.12 10.15

319.14 [820] 06,C 1.1-1.14 321.58 [820] 07,0 10.4

10.15

Ch 321 [680] 6.1-6.5 321.59 [820] 07,0 10.4 [820] 07,C 13.7 10.15

13.13 13.20 321.60 [820] 07,0 10.4 14.6 10.15

321.1 [820] 07,0 10.8 321.61 [820] 07,0 10.4 10.9 10.15 I I. I 11.40 321.62 [820] 07,0 10.4 11.58 10.11

07,F 2.4 10.15

321.18 [820] 07,0 I 1.2 321.63 [820] 07,0 10.4 11.5 10.15

321.19 [820] 07,0 I 1.2 321.89 [820] 07,0 2.2 11.5 2.3

321.20 [820] 07,0 1 1.1 321.92 [820] 07,0 I 1.51 11.2 11.4 321.95 [820] 07,0 6.5 11.57 8.5

10.11 321.21 [820] 07,0 11.2

11.5 321.97 [820] 07,0 11.15

321.22 [820] 07,0 11.2 321.100 [820] 07,0 11.15 11.5

321.101 [820] 07,0 11.15 321.23 [820] 07,0 11.1 11.45

11.5 11.35 321.104 [820] 07,0 7.6

07,E 1.4 321.105 [820] 07,0 11.22

321.24 [820] 07,0 11.2 11.3 321.106 [820] 07,0 11.22 11.6 11.15 32l.ll9 [820] 07,0 11.42

321.34 [820] 07,0 11.41 321.122 [820] 07,0 I 1.3 11.53 11.61 321.123 [820] 07,0 11.1

11.2 321.40 [820] 07,0 11.7

\.I 321.126 [820] 07,0 11.43 321.41 [820] 07,0 11.7

321.134 [820] 07,0 1 1.1 321.42 [820] 07,0 I 1.51 11.22

11.59 11.44

321.45 [820] 07,0 11.1 321.135 [820] 07,0 11.22 11.4 11.25

321.46 [820] 07,0 11.1 321.157 [820] 07,0 I 1.1 11.3 11.19 321.176 [820] 07,C 13.1

321.47 [820] 07,0 11.22 321.177 [820] 07,C 13.2

321.48 [820] 07,0 11.2 321.178 [670] 6.2 6.3

321.50 [820] 07,0 1 1.1 6.9 [820] 07,C 13.5 ~ 321.51 (820] 07,0 1 I .2

11.6 321.184 [820] 07 .c 13.5

321.52 (820] 07,0 11.2 321.186 [820] 07,C 13.7 11.6


"--~ Code Code Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

321.189 [670] 6.12 Ch 321A [820] 07,C 11.3 6.13 11.7

[820] 07,C 13.12 321A.1 [820] 07,C 14.1

321.193 [820] 07,C 13.19 321A.2 [820] 07,C 14.2

321.194 [670] 6.11 321A.5 [820] 07,C 14.3

321.209 [820] 07,C 11.3 14.4 11.4

321A.6 [820] 07,C 14.4 321.210 [820] 07,C 13.2

13.9 321A.7 [820) 07,C 14.4

321.211 [820] 07,C 13.21 321A.8 [820] 07,C 14.4

321.238 [820] 07,E 21.1-21.16 321A.9 [820] 07,C 14.4

321.240 [820] 07 ,E 1.5 321A.10 [820] 07,C 14.4

321.252 [820] 06,K 2.1 321A.13 [820] 07,C 14.5 3.1-3.9 5.1 321A.14 [820] 07,C 14.5

321.253 (820] 06,K 3.1-3.9 321A.16 (820] 07,C 14.5

321.266 [820] 07,C 14.3 321A.I7 [820] 07 ,c 14.6

321.281 [820] 07. c 11.1 321A.18 (820] 07,C 14.6 11.3-11.7

321A.19 [820] 07,C 14.6 321.283 [670) 5.30

5.31 321A.20 [820] 07,C 14.6 [820] 07. c 11.1

11.7 321A.22 [820] 07,C 14.6

321.285 [820] 06,K 6.1 321A.26 [820] 07,C 14.6 7.1

321A.29 [820] 07,C 14.6 321.309 [820] 07,D 11.18

321A.30 [820] 07,C 14.7 321.452 [820] 07 ,F 2.1

321A.31 [820] 07,C 14.6 321.453 [820] 07,F 2.1

321A.33 [820] 07 ,c 14.1 321.454 [820] 07,F 2.1 14.6

321.455 [820] 07,F 2.1 321A.34 [820] 07 ,c 14.6

321.456 [820] 07,F 2.1 Ch 3218 [680) 7.6

321.457 [820] 07,F 2.1 [820] 07,C 11.1-11.7

3218.12 [680] 7.6 321.458 [820] 07,F 2.1

3218.13 [820] 07,C 11.5 321.459 [820] 07 ,F 2.1

Ch 321E (820] 07,F 2.1 321.460 [820] 07 ,F 2.1 2.2

321.461 [820] 07,F 2.1 321E.8 [820] 07,F 2.4

321.462 [820] 07 ,F 2.1 321E.9 [820] 07,F 2.4

321.463 [820] 07 ,F 2.1 321E.I4 [820] 07,F 2.5

321.464 [820] 07,F 2.1 321E.I6 [820] 07,F 2.5

321.465 [820) 07 ,F 2.1 321E.I7 [820) 07,F 2.5

321.466 [820] 07 ,F 2.1 321E.I8 [820] 07,F 2.5

321.473 [820] 07 ,F 6.1-6.5 321E.I9 [820] 07,F 2.5


Code Code ~ Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

321E.20 [820) 07,F 2.5 322C.4 [820) 07,0 8.2

321E.26 [820] 07,F 2.4 322C.9 [820) 07,0 8.6 '•

321E.28 [820] 07,F 2.4 323A.2(1) [380) 5.1 5.2

321E.29 [820] 07,F 2.3 Ch 324 [730] 89.8

321F.I [820] 07,0 9.1 324.2 [730) 63.3

321F.3 [820] 07,0 9.2 63.16

321F.6 [820] 07,0 64.2

9.2 64.16 9.3 [820] 07,F 7.1

Ch 3210 [290] 50.5 324.3 (730] 18.37

3210.2 [290] 50.2 63.16 64.2-64.5 64.15

3210.5 [290] 50.9 64.20

3210.10 [290] 50.1 64.22 65.15

321H.2 [820) 07,0 6.1 324.4 [730] 63.26 64.6

321H.4 [820] 07,0 6.1-6.3 324.5 [730] 63.26

321H.6 [820] 07,0 6.4 64.6

322.2 [820] 07,0 10.1 10.5

324.6 [730] 63.3

324.8 [730] 63.3 322.3 [820] 07,0 10.5 63.17

10.6 64.5 64.16

322.4 [820] 07,0 10.2 64.18 10.3 64.19

64.20 322.5 [820] 07,0 10.1

10.10 324.9 [730] 63.3 64.5

322.6 [820] 07,0 10.15 324.10 [730] 63.3

322.8 [820] 07,0 10.3 63.4 63.15

322.9 [820] 07,0 10.15 64.20

322.13 [820] 07,0 10.6 324.11 [730] 63.3 10.7 [820] 07,F 7.7

322.29 [820] 07,0 10.7 324.12 [730] 64.20

322.31 [820] 07,0 10.15 [820] 07,F 7.7

10.16 324.13 [730] 64.20

322B.2 [820] 07,0 7.1 [820] 07,F 7.7

324.14 [820] 07,F 7.7 322B.3 [820] 07,0 7.2

7.3 324.15 [730] 63.3 63.16

322B.4 [820] 07,0 7.8 64.16 64.17

322B.6 [820] 07,0 7.6 64.19

322B.7 [820] 07,0 7.4 324.16 [730] 64.7 7.5 65.17 7.7

324.17 [730] 18.37 322B.8 [820) 07,0 7.4 63.3

63.13 322C.2 [820] 07,0 8.1 63.24

64.8 322C.3 [820] 07,0 8.3 64.11-64.14

65.16


\.-) Code Code


324.18 [730] 64.9 324.61 [730] 63.6 64.10 63.7

[820] 07 ,F 7.4 324.19 [730] 64.10

324.62 [730] 63.3 324.20 [730] 64.21 63.4

63.16 324.33 [730] 65.3 63.20

65.20 64.16 [820] 07,F 7.1 [820] 07,F 7.5

324.34 (730] 63.16 324.63 (730] 6.3 65.2 63.19 65.3 [820] 07,F 7.4 65.5 65.8 324.64 [730] 63.3 65.11-65.14 63.5 65.18 63.22

[820] 07,F 7.4 324.35 [730] 64.3 7.6

64.15 64.22 324.65 [730] 63.8-63.11 65.15 [820] 07,F 7.4

324.36 [730] 63.3 324.66 [730] 63.11 63.4 63.23 63.26 65.4 324.67 [730] 63.2 65.6 65.7 324.68 [730] 63.27 65.9 [820] 07,F 7.3 65.10

324.69 [730] 63.3 324.37 [730] 63.3 63.4

63.4 [820] 07 ,F 7.5 63.15 7.6 65.19

324.71 [730) 65.16 324.38 [730] 63.3 65.18

65.6 324.72 [730] 63.17

324.51 [820] 07,F 7.2 324.74 [730] 65.5

324.52 [820] 07,F 7.3 65.19

324.53 [820] 07,F 7.3 324.76 [730] 63.20 7.5

Ch 325 [820] 07,F 4.1-4.14 324.54 [820] 07,F 7.3

7.4 325.37 [820] 07,F 4.9

324.55 [730] 63.4 Ch 326 [820] 07,F 1.1-1.15 [820] 07,F 7.4

7.5 326.6 [820] 07 ,F 1.9 324.56 [820] 07,F 7.2

326.11 [820] 07 ,F 1.11 324.57 [730] 64.3 1.16

(820] 07,F 7.1 326.12 [820] 07,F 1.7

324.58 [820] 07,F 7.3 1.12

324.59 (730] 63.3 326.37 (820] 07,F 1.6 63.11 63.16 Ch 327 (820] 07,F 3.3 63.17 3.8 63.25 64.16 327.4 [820] 07,F 3.5

\._,I 324.60 [730] 63.3 327.9 (820] 07,F 3.2 63.12-63.15 64.20 Ch 327A [820] 07,F 13.1-13.7

[820] 07 ,F 7.4 13.11 7.5 13.12


Code Code Section or Agency No. Sc:c:tion or Agency No. ~ Chapter and Rule Chapter and Rule

327A.6 [820] 07 ,F 13.8 Ch 339t [470] 127.1-127.4

327A.7 [820] 07 ,F 13.8 351.34 [30) 17.10

327A.8 [820] 07,F 13.8 351.39 [30] 16.23

327A.IO [820] 07,F 13.8 351.40 [30] 16.24

327A.It [820] 07,F 13.8 351.42 [30] 17.10

327A.t2 [820] 07,F 13.8 356.36 [770] 15.1-15.23

327A.I5 [820] 07,F 13.8 368.7 [220] 1.7

327A.17 [820] 07,F 13.8 368.9 [220] 1.5

Ch 3278 [820] 07,F 5.1-5.3 368.10 [220] 1.1 1.4

327C.2 [820] 10,8 1.1 368.11 [220] 2.1-2.6

327C.4 [820] 10,8 1.1 1.2 368.12 [220] 2.7

327C.37 [820] IO,B 6.2 368.13 [220] 2.9

327C.38 [820] IO,A 1.3 368.14 [220] 2.8 3.1-3.4

327C.41 [820] IO,A 1.3 3.9 10,8 6.1

368.15 [220] 3.7 327C.42 [820] IO,A 1.3 3.8

3.11 Ch 327F [530] 52.1-52.7 3.13-3.16

3.19-3.25 3270.2 [820] IO,B 2.1 3.29

3.1 3.3 368.18 [220] 3.27

3270.15 [820] IO,B 3.1 368.19 [220] 3.26 4.1-4.5 3.28

3.30 3270.16 [820] 10,8 4.5 4.1

3270.17 [820] 10,8 4.5 368.20 [220] 4.2

3270.19 [820] 10,8 4.1-4.5 368.21 [220] 4.5

3270.23 [820] 10,8 2.1 368.22 [220] 4.4 3.1 3.3 Ch 384 (230] 2.1-2.5

3270.28 [820] 10,8 2.1 384.13 [230] 1.1-1.11 3.1 3.1 3.3

384.14 (230] 1.1-1.11 3270.29 [820] 10,8 5.1 3.1

5.2 384.15 (230] 1.1-1.11

3270.30 (820] IO,B 5.2 3.1 4.3

3270.31 (820] IO,B 5.2 4.4

327H.18 (820] 10,C 1.4 384.16 [230] 1.1-1.11 3.1

327H.20 [820] 10,C 1-1-1.6 384.17 (230] 1.1-1.11

327H.21 (820] 10,C 1.3-1.6 3.1

Ch 328 [820] 04,8 1.1-1.6 384.18 [230] 1.1-1.11 04,C 2.1-2.4 3.1

332.36• [60] 4.1-4.6 384.19 (230] 1.1-1.11 3.1

337A.4 .. [680] 3.1-3.10

•Repealed by 81 Acts, ch 117, §1097; see §331.427(1). ••Repealed by 81 Acts, ch 117, §1244; see §331.657(3). tRepealed by 81 Acts, ch 117, §1244; see §§331.801-331.804.


\.wJ Code Code Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

384.20 [230] 1.1-1.11 422.5 (cont'd) [730] 39.7 3.1 40.4

40.5 384.22 [230] 1.1-1.11 40.16

3.1 40.17 41.8

Ch 388 [230] 2.1-2.5 41.10 42.3

411.13 [730] 40.4 89.8

421.1 [730] 2.1-2.22 422.6 [730] 89.1 89.3

421.2 [730] 86.1 89.4 87.1 89.8 88.1 89.1 422.7 [730] 38.4

40.1-40.4 421.4 [730] 87.1 40.6-40.19

88.1 41.2 89.1 41.7-41.10

45.4 421.7 [730] 10.1 86.5

10.2 89.8

421.14 [730] 6.1 422.8 [730] 40.12-40.14 12.1 40.16 12.13 40.17 30.4 41.7 46.3 42.4 86.2 89.3

89.4 421.17 [245] Ch 10 89.8

[730] 43.3 71.2-71.7 422.9 [730] 38.4 71.10 40.18 71.17 41.2

[770] 95.6 41.3-41.8 96.5 89.8

421.18 [730] 6.3 422.12 [730] 39.4 42.2

421.19 (730) 6.3 89.8

421.30 [730) 120.1-120.3 422.13 [730] 39.1 39.3

Ch422 [730] 8.1 422.14 [730] 89.3 13.15 89.8 14.1 14.2 422.15 [730] 40.12 16.46 40.13 18.5 45.1 26.10 45.3 34.6-34.9 45.4 39.6 44.6 422.16 [730] 38.6 58.4 38.9 58.5 39.5

42.1 422.1 [730) 6.1 42.5

43.3 422.3 [730) 11.1 44.1

38.1 46.1-46.5 47.1-47.6

422.4 [730] 38.1 89.4 38.10 89.8 422.17 [730] 39.5

42.1

~ 422.5 [730] 39.1 46.4

39.5 47.3


Code Code ~...,_) Section or Agency No. Section or Agency No.


422.20 [730] 6.3 422.31 [730] 18.37 38.6 38.7 422.32 [730] 51.1 51.7 52.1 51.8

422.33 [730] 52.5 422.21 [730] 39.2 53.10

39.3 54.1-54.8 39.5 45.2 422.34 [730] 52.1 52.2-52.4 56.4 422.35 (730] 51.2 61.4 51.5 89.4 51.6 89.5 53.1-53.9

53.11-53.14 422.22 [730] 39.3 53.16

57.4 422.23 [730] 89.1 59.1-59.4

89.4 59.6-59.12 89.8 59.14

422.24 [730) 39.5 422.36 [730] 40.13 52.4 52.1 58.2

422.37 [730] 53.15 422.25 (730] 38.2

38.3 422.38 [730] 51.7 39.5 41.1 422.40 [730] 51.4 43.1 43.2 422.42 [730] 12.8 44.2-44.4 13.12 44.8 15.1-15.10 51.2 15.12 51.3 15.17-15.19 52.2 16.2-16.24 52.4 16.26 52.6 16.28 55.1 16.29 55.2 16.32-16.38 57.2 16.40-16.45 57.3 16.47-16.49 58.6 17.2-17.4 86.3 17.9-17.11 89.1 17.14 89.2 18.2-18.4 89.4 18.6 89.6 18.7 89.7 18.11 89.9 18.12

18.14-18.23 422.26 [730] 9.5-9.7 18.25

11.7 18.28-18.36 11.8 18.42 89.1 19.1-19.20

26.2 422.27 [730) 89.1 26.5

89.2 33.6 89.4 34.1

422.28 [730] 43.5 422.42(3) [730) 15.3 55.2 18.3 55.4 18.31 89.2 26.2

422.30 (730] 38.5 422.42(6) [730) 15.19 43.2 51.2 422.42(13) [730] 15.3 ~ 51.6 26.2 51.5 86.3 422.42(16) [730] 15.3 89.9


\._1 Code Code Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

422.43 [730] 12.8 422.45 (cont'd) [730) 20.1 15.2 20.9 15.9 34.5 15.10 64.4 15.12 65.18 15.13 16.1 422.45(11) [730) 18.37 16.2 16.4-16.25 422.46 [730) 15.4 16.27-16.45 15.5 16.47 17.4 422.47 [730) 11.4 17.9 15.3 17.11 16.38 17.12 19.1-19.4 17.15 19.7-19.20 18.2-18.4 18.6 422.48 [730) 19.1-19.4 18.8 19.7-19.20 18.10 18.12 422.50 [730) 11.4 18.14-18.23 11.5 18.25-18.27 18.30 422.51 [730) 12.1 18.31 12.2 18.37 12.6-12.8 18.39 12.12 18.40 12.13 19.1-19.4 13.4 19.7-19.20 16.12 26.2 16.13 26.7-26.9 26.16 422.52 [730) 11.10 26.18 12.1 26.25 12.2 26.28 12.6 26.34 12.13 26.35 16.25 26.38 26.42 422.52(4) (730) 18.37 26.44 65.18 26.49 26.55 422.53 [730) 12.3-12.5 34.1 13.1-13.7

13.9-13.14 422.44 [730) 18.1 15.3

16.25 422.45 [730) 12.3

16.4 422.54 [730) 11.2 16.27 11.4 16.28 11.6 16.31 16.34 16.40

422.56 [730) 11.7-11.9

16.41 422.57 [730) 11.6 17.1 17.5-17.8 422.58 (730) 12.10 17.11 12.11 17.16 13.7 18.2 44.8 18.7 18.11 422.60 [730) 58.1 18.17 58.5 18.18 18.20 422.61 (730) 57.4 18.22 58.1 18.28 59.1-59.12 18.30 59.14 18.38 18.39 18.41

422.62 [730) 58.3

19.1-19.4 422.65 [730] 58.7 19.7-19.20




422.66 (730] 57.2 Ch 422A (730] 103.1-103.15 57.5-57.8 104.1-104.10 58.3 105.1-105.6 58.6 60.1-60.3 422A.I [730] 8.1(6)"a"Form 36-001

8.1(6)"d" Form 36-001 422.68 [730] 11.1 103.2

11.3 103.9 15.11 104.1 30.6 59.11 422A.2 [730] 103.15

422.70 [730] 11.2 Ch 423 [730] 14.1-14.3 11.5 16.46 11.6 18.5 38.3 28.1-28.3 38.8 29.1-29.3 51.3 31.1-31.3 57.3 33.1-33.4 57.8 34.6-34.9 89.9

423.1 [730] 15.1-15.9 422.71 [730] 11.3 15.19

51.9 16.5 16.6

422.72 [730) 6.3 16.8-16.11 11.9 16.16-16.21 38.6 16.24 38.7 16.34 51.7 16.35 51.8 16.38 57.6 16.40 57.7 16.41 103.9 16.43-16.45

16.47-16.49 422.73 [730] 12.9 17.1

30.11 17.3 40.20 17.4 43.1 17.9-17.11 43.3 17.14 55.3 18.2-18.4 58.3 18.6 60.3 18.7 89.1 18.11 89.2 18.12 89.9 18.14

18.16 422.85 [730] 56.1 18.17

56.2 18.19-18.21 61.1 18.29 61.2 18.32 \..,J

18.33 422.86 [730] 52.4 18.36

56.2 18.37 61.2 18.42

26.18 422.88 (730] 56.5 26.55

61.5 30.8 30.9

422.89 (730) 56.5 33.5 61.5 33.6

34.1 422.90 [730] 56.5

61.5 423.2 [730] 15.2 15.9

422.92 [730] 56.3 15.12 61.3 15.14

16.5 422.110 [730] 42.6 16.6 \.._.)

52.4 16.8-16.11 16.16-16.19

422.111 [730] 42.6 16.21


'-...,_) Code Code Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

423.2 (cont'd) (730] 16.24 423.16 (730] 11.4 16.25 16.34 423.17 (730] 11.7 16.35 11.8 16.38 16.40 423.18 (730] 12.11 16.41 30.10 16.43-16.45 16.47 423.21 (730] 11.4-11.6 17.4 18.2-18.4 423.23 [730] 11.5 18.6 11.6 18.12 11.9 18.14 15.11 18.16-18.22 30.6 18.27 18.31

30.11

18.35 423.25 (730] 30.7 18.37 19.1-19.4 425.1 (730] 80.1 19.7-19.20 26.42 425.2 [730] 80.1 26.44 26.49 425.15 (730) 80.1 30.6 30.8 425.16 (730) 73.28 30.9 33.5 425.17 [730] 73.1 33.6 73.2

423.3 [730) 16.26 73.4-73.7 73.9

18.1 73.11-73.16 \.,./ 423.4 (730] 15.17

73.18-73.26 73.28

16.34 73.29 17.5 17.7 425.18 (730) 73.29 17.11 17.16 425.20 (730] 73.17 18.18 73.28 18.22 18.28 425.23 (730] 73.27 20.9 73.28 32.2 33.7 425.24 (730) 73.3 34.1 73.28 34.5

423.6 [730) 12.2 425.25 (730] 8.1(7) Fonn 54-001 30.1

425.27 (730] 73.8 32.1 73.28

423.7 [730] 33.5 425.28 (730] 73.10 33.6

34.1 73.28

423.8 [730) 17.6 425.29 (730] 73.28

423.9 [730] 12.5 425.30 [730] 73.28 16.25

425.31 [730] 73.28 16.47 30.1

425.32 (730] 73.28 30.5

423.10 [730] 30.1 425.33 (730] 73.28 30.5

425.34 [730] 73.28 423.13 (730] 12.2

425.35 (730] 73.28 30.4 30.12

425.36 (730] 73.28 423.14 [730] 12.2

425.37 (730] 73.28 30.1 30.3

425.38 [730] 73.28 30.4


-..... Code Code

~ Section or Agency No. Section or Agency No. Chapter and Rule: Chapter and Rule

425.39 (730) 73.28 437.4 (730Jn.2

Ch426A (730) 80.2 437.6 (7301 n.3-77.9

427.1 [290) 25.1-25.7 437.7 [7301 n.3-77.9 [400) 12.2

12.6 437.14 (730) n.2-n.9 23.1-23.6

(730) 76.9 438.3 (730) n.2 n.9 78.1-78.7 438.4 [7301 n.2

427.1(32) [400) 12.1-12.5 438.5 (7301 n.2 23.1-23.6

438.6 (730] 77.2 ~ (730] 8.1(7) Fonn 54-064

Fonn 54-084 438.14 (7301 n.3 80.3

Ch441 (730] 71.21 427.1(34) (730] 80.4

441.2 [730] 72.14 427.2 [730] 78.6

441.3 (730] 72.14 427.3 (730] 80.2

441.5 (730] 72.1-72.13 427.4 (730] 80.2

441.6 (730] 72.7 427.5 (730] 80.2 72.11

72.14 427.6 (730] 80.2 72.15

427.7 (730] 80.2 441.7 (730] 72.11

Ch427A (730] 80.5 441.8 [730] 72.16 ~ 72.18 427A.l (730] 8.1(7) Fonn 56-054 122.1-122.4

71.7 123.1-123.8 124.1-124.6

Ch 4278 (730] 8.1(7) Fonn 57-122 125.1 80.6 125.2

428.4 (730] 71.1-71.9 441.9 [730) 72.17 74.5

441.10 [730] 72.10 428.28 (7301 n.2

44l.l1 [730] 72.9 428.29 [7301 n.3 72.10

n.4-77.9 441.21 [730] 71.1-71.7

428A (730] 79.6 71.11

428A.1 (730] 79.2-79.5 71.12 74.5 ~

428A.2 [730] 79.2 441.31 [730] 71.19 79.5 71.20

428A.4 [730] 79.5 441.32 [730] 7l.l9 71.20

428A.7 (730] 8.1(7) Fonn 57-006 441.33 [730] 71.19

433.1 (7301 n.2 71.20

433.2 [7301 n.2 441.34 [730] 71.19 71.20

433.4 [730) 77.3-n.9 441.35 [730] 71.19

434.15 (730] 76.3-76.10 71.20

Ch435 (730] 75.1 441.36 [730] 71.19 75.2 71.20 ~

437.2 [730] 77.2 441.37 [730] 71.19 71.20

lAC 3/16/83 Rules Implementing Statutes Page39

\.,; Code Code Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

441.45 (730) 71.8 450.71 (730) 86.3 71.9

450.89 (730) 86.6 441.47 (730) 71.11-71.13

450.91 (730) 86.5 441.48 (730) 71.11-71.15

450.94 (730) 86.1-86.4 441.49 [730) 71.11 88.5

71.12 71.15-71.17 Ch 450A [730) 88.1

88.2 442.6 (740) 1.1

450A.2 (730) 88.3

\..; 442.12 [740) 1.2 88.4

442.13 (740) 1.3 450A.3 [730] 88.3

442.31 [670] 56.1-56.8 450A.4 (730] 88.3 88.4

442.32 [670] 56.1-56.8 450A.5 [730) 88.3

442.33 (670] 56.1-56.8 88.4

442.34 [670] 56.1-56.8 450A.8 [730] 88.3 88.4

442.35 (670) 56.1-56.8 450A.9 [730] 88.3

450.2 [730) 86.5 88.4

450.3 [730) 86.5 450A.IO [730] 88.4

450.4 [730) 86.5 450A.II [730] 88.3

~ 88.4 450.5 [730] 86.2

450A.I2 [730] 86.3 450.6 [730) 86.2 88.3-88.5

450.8 (730) 86.5 450A.I3 [730) 88.3

450.12 (730] 86.5 450A.I4 [730) 88.3 86.6 88.4

450.22 [730) 86.2 450.8.1 (730] 86.8 86.6

4508.2 (730) 86.8 450.24 (730] 86.6

4508.3 (730) 86.8 450.37 [730) 86.5

4508.4 [740] 86.8 450.38 [730) 86.6

\.,I 4508.5 [730) 86.8 450.39 [730] 86.2

4508.6 [730] 86.8 450.44 [730] 86.2

4508.7 [730] 86.8 450.46 [730] 86.2

Ch 451 [730] 87.1 450.51 [730] 86.2 87.2

86.7 451.2 [730] 86.8

450.52 [730] 86.2 87.3 86.7

451.3 [730] 87.4 450.53 [730] 86.2

86.3 451.5 [730] 87.3

450.63 [730] 86.2 451.6 [730] 87.3 87.4

\.,.) 450.65 [730) 86.3 451.8 [730] 87.3

450.67 [730] 86.1 87.4

450.68 [730] 86.1 451.10 (730] 87.4

451.12 [730] 86.3 87.3-87.5

Page40 Rules Implementing Statutes lAC 3/16/83

Code Code \...,/ Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

455A.1 [580] 3.9 455A.25 [580] 2.1 5.95-5.91 3.2

3.7 455A.2 [580] 2.1 3.]]-3.13

3.2 3.5 455A.26 [580] 2.1 3.7-3.9 3.2 3.20 3.ll-3.13 5.3 5.30 5.30 5.52 455A.27 [580] 2.1 5.95-5.91 3.2

3.ll-3.13 455A.17 [580] 2.1 3.20

3.2 5.3 3.11-3.13 5.30 5.30 5.52 5.95-5.91 7.1

7.2 455A.18 [580] 2.1 7.10

3.2 7.ll 3.5 7.20-7.26 3.7 7.30-7.32 3.8 3.ll-3.13 455A.28 [580] 2.1 3.20 3.2 5.3 3.5 5.30 3.10-3.13 5.52 3.20 5.95-5.91 5.30 7.1 7.2 455A.29 [580] 2.1 7.10 3.2 7.ll 3.5 7.20-7.26 3.8 7.30-7.32 3.10-3.13

5.30 455A.19 [580] 2.1

3.2 455A.30 [580] 2.1 3.5 3.2 3.7 3.5 3.ll-3.13 3.11-3.13 5.30 5.30

455A.20 [580] 2.1 455A.31 [580] 2.1 3.2 3.2 3.5 3.5 3.8 3.ll-3.13 3.11-3.13 5.30 3.20 5.30 455A.32 [580] 2.1

3.2 455A.21 [580] 2.1 3.5

3.2 3.ll-3.13 3.5 5.30 3.11-3.13 5.30 455A.33 [580] 2.1

3.2 455A.22 [580] 2.1 3.11-3.13

3.2 5.3 3.9 5.30-5.33 3.ll-3.13 5.52 3.20 5.95-5.91 5.30 7.1

[580] 2.1 7.2

455A.23 7.10 3.2 7.ll 3.11-3.13 7.20-7.26 5.30 7.30-7.32

4SSA.24 [580] 2.1 455A.34 [580] 2.1 3.2 3.2 3.ll-3.13 5.30

lAC 3/16/83 Rules Implementing Statutes Page41

Code Code

\..,! Section or Agency No. Section or Agency No. Chapter aild Rule Chapter and Rule

455A.35 [580] 2.1 4558.176 [400] 22.1-22.7 3.2 22.12 5.30

4558.177 [400] 22.2 455A.36 [580] 2.1 22.4-22.7

3.2 22.12 5.3 52.2 5.30 52.3 5.52 7.1 4558.178 [400] 22.1-22.7 7.2 22.12 7.10 7.11 4558.179 [400) 22.1-22.7 7.20-7.26 22.12 7.30-7.32

4558.180 [400] 22.1-22.7 Ch 4558 [400] 1.1 22.12

2.1 6.1 4558.181 [400) 22.1-22.7 8.1-8.4 22.12 9.4 9.5 4558.182 [400] 22.1-22.7 11.1 22.12 13.1 22.14 4558.183 [400) 22.1-22.7 24.1-24.14 22.12 35.1 45.1-45.10 4558.184 [400] 18.7

22.2 4558.105 [400] 50.1-50.5 22.4-22.7

51.1-51.3 22.12 52.1-52.10 53.1 4558.185 [400) 22.2-22.7 53.2 22.12 54.1-54.5 55.1-55.14 4558.186 [400) 22.2-22.7

22.12 4558.133 [400] 1.2

3.1-3.7 4558.187 [400] 22.2-22.7 4.1-4.6 22.12 5.1 5.2 4558.211 [400] 21.1-21.14 7.1 8.3 4558.212 [400] 21.1-21.14 9.1-9.3 10.1 4558.213 [400] 21.1-21.14 14.3

4558.214 [400] 21.1-21.14 4558.134 [400) 9.1-9.3

4558.215 [400] 21.1-21.14 4558.143 (400] 2.2

2.3 4558.216 [400) 21.1-21.14 9.1-9.3

4558.217 [400] 21.1-21.14 4558.171 [400] 22.2-22.7

4558.218 [400] 21.1-21.14 4558.172 [400] 22.2-22.7

4558.219 [400) 21.1-21.14 4558.173 (400] 15.1

16.3 4558.220 [400] 21.1-21.14 17.1-17.9 18.7-18.18 4558.221 [400] 21.1-21.14 19.2-19.13 19.15 4558.222 [400) 21.1-21.14 22.1 22.1-22.7 4558.223 [400) 21.1-21.14 22.12 33.1-33.4 4558.224 [400) 21.1-21.14

4558.174 (400] 22.1-22.7 4558.241 [400] 19.2 22.12

4558.242 (400] 19.2 4558.175 [400] 22.1-22.7

22.12 4558.243 [400) 19.2

Page42 Rules Implementing Statutes lAC 3/16/83

Code Code \..,.,) Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

455B.244 (400] 19.2 474.3 [250] 7.1 7.7-7.11

455B.245 (400] 19.2 11.3

455B.246 (400] 19.2 474.5 [250] 2.1 7.1

455B.303 (400] 22.1-22.7 7.7 22.12 11.3 26.2

474.6 [250] 2.2 455B.304 (400] 25.1 7.2

27.2 27.3 476.1 [250] 1.5 27.13 1.7 28.2 7.4 28.6 11.4 29.10 15.1-15.10 30.1 16.2-16.5 30.2 16.8 31.2 19.4 32.4 19.9 33.1-33.4 19.10 39.1-39.3 20.4

20.5 455B.305 [400] 25.1 20.10

27.10 21.4 27.12 21.5

22.1-22.5 455B.332 (400] 42.1 22.9-22.11

24.1-24.3 455B.333 (400] 42.1 27.1-27.15

455B.386 (400] 41.1 476.2 [250] 1.5 41.2 1.7

7.1 (455B.411- (400] 45.1-45.10 7.2

455B.422] 7.4 7.7-7.11

455B.471 [400] 35.2 11.3 35.5 11.4

15.10 455C.I(9) [400] 34.1 16.2

34.2 16.3 16.5

455C.9 (400] 34.2 16.8 19.10

Ch 467A [780] 5.1-5.95 20.1-20.8 6.1-6.70 21.1-21.7

22.1-22.7 467A.7 [780] 5.20 22.9-22.11

5.30-5.33 23.1-23.3 5.74 24.1-24.3 5.95 25.2

467A.61 [780] 5.20 5.30-5.33 476.3 [250] 7.2 5.74 7.4 5.95 7.7

7.10 467A.64 [780] 8.1

476.5 [250) 22.1-22.8 469.1 [580] 7.1 22.10-22.13

7.2 7.10 476.6 [250) 2.2 7.11 7.1 7.20-7.26 7.2 7.30-7.32 7.4

7.7-7.11 469.10 [580] 7.1 11.3

7.2 19.4 7.10 19.10 7.11 20.4 7.20-7.26 22.1-22.8 7.30-7.32 22.10-22.13


Code Code

'..I Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

476.8 (250] 2.2 5078.4 (510) 15.50-15.93 7.2 7.4 5078.9 (510] 15.9 7.7 36.5 7.10 36.10 15.1-15.10 16.2 508.28 [510] 30.1-30.7 16.3 16.5 509.6 (510] 35.1-35.6 16.8 19.2-19.4 509A.12 [270) 4.3 19.10 4.4 20.2-20.5 20.10 Ch 512A [510] 8.3-8.12 21.1-21.7 22.1-22.13 Ch 5148 [510] 40.1-40.11 25.2 25.3 5148.5 (510] 40.13 27.1-27.15

5148.12 (510] 40.14 476.9 [250) 7.4

16.2 5148.16 [510] 40.12 16.3 16.5 5148.17 [510] 40.10 16.8 22.9-22.11 Ch 5140 (510] 36.1-36.12 23.1-23.3 37.1-37.4

5140.4 [510] 15.9 476.10 (250] 7.2 36.5

7.4 36.6 7.7 36.10 7.10 17.1 515.147 (510) 21.1-21.5 17.2 17.4 23.1-23.3

515.148 (510] 21.1-2l.S

515.149 [510] 21.1-21.5 476.15 [250] 7.4

515A.4 (510) 20.6 476.22 (250) 23.1-23.3

515C.3 (510) 5.21 478.18 (250] 20.5 5.22

25.3 515C.4 [510] 5.21

479.5 [250] 9.4 5.22 10.2 10.3 5150.10 [510] 3.1-3.10

479.17 [250] 10.1 Ch 523 [510] 7.1-7.14 10.3

5238.2 (510] 55.3 479.26 [250] 10.2 55.4

479.29 (250] 9.4 5238.3 [510] 55.5

479.42 (250) 10.2 5238.10 (510) 55.2 55.4

479.43 (250) 10.2 55.6-55.8

502.2 [510) 2.1-2.6 524.106 [140) 2.7

502.607 [510) 50.80 524.205 [140) 4.1-4.5

505.8 [510) 2.1-2.6 524.303 [140] 2.1 3.9

524.519 [140) 2.6 506.1 [510) 6.1-6.9

524.901 [140) 9.1 Ch 5078 (510) 15.8

36.1-36.12 524.905 [140] 9.2 37.1-37.4

524.1201 [140) 2.4


Code Code \.,.,.) Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

524.1202 [140] 2.5 534.41(2) [130] 5.1-5.3 2.13

534.42 [130] 3.1 524.1401 [140] 2.3

534.75 [130] 8.1-8.3 524.1402 [140] 2.3

534.78 [130] 12.1-12.4 524.1403 [140] 2.3

534.92 (130] 6.1-6.9 524.1404 [140) 2.3

S35A.I [130] 5.1-5.4 524.1405 [140] 2.3

535A.2 [510] 5.50-5.55

524.1410 [140] 2.2 535A.4 [130] 1.27 5.1-5.4

524.1413 [140] 2.2 [295] 8.1-8.4 [510] 5.50-5.55

524.1414 [140] 2.2 536.2 [140] 21.1

524.1415 [140] 2.2 536.9 [140] 21.2

524.1505 [140] 2.7 536.11 [140] 21.3

524.1507 [140] 2.5 536.12 [140] 21.4

524.1508 [140] 2.7 21.6

Ch 533 [140] 1.3 536.13 [140] 21.8 1.4

[295] 7.1-7.4 536.15 [140] 21.4 11.1 11.2 536.21 [140] 21.4

21.5 533.1 [295] 2.1

536.26 [140] 2.7 533.2 [295] 12.1-12.9

Ch 536A [130] 1.1-1.26 533.4(13) [295] 5.1-5.6

536A.20 [130] 1.30 533.4(19) [295) 6.1

6.2 536A.28 [130) 1.29

533.4(21) [295] 9.1-9.3 Ch 536B [130] 1.28

533.16(4) [295] 10.1-10.5 542.2 [250) 13.1 13.2

533.30 [295] 13.1-13.6 13.6 13.8

533.51 [295) 1.1-1.4 13.10-13.13 13.16

533.52 [295] 1.3 542.3 [250) 13.2

533.62 [295] 3.1 13.6 13.8

533A.3 [140) 2.9 13.9 13.13-13.15

533B.I [140) 2.11 542.4 [250) 13.9

534.10 [130] 3.1 542.5 [250] 13.7

534.11 [130] 8.1-8.3 542.6 [250) 13.8

534.19 [130] 4.1 4.2 542.7 [250] 13.3-13.6 7.1 13.8 8.1-8.3 9.1-9.3 542.8 [250] 13.10 10.1-10.15 13.1-13.3 542.9 [250) 13.8

534.21(1)• [130] 11.1-11.6 13.11 13.16

•Repealed by 82 Acts, ch 1253, §44(1); see §534. 75-534.8


\,) Code Code Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

542.10 (250] 13.16 543.27 (250] 12.23 12.24

542.11 (250] 13.16 543.28 (250] 12.23

542.20 (250] 12.28 12.24

542A.2 (250] 13.18 543.34 (250) 12.5 13.21 12.12

542A.3 (250) 13.19 543.35 (250] 12.12 12.19-12.21

542A.4 (250] 13.20 543.36 (250] 12.29

542A.5 (250] 13.22 543.37 (250] 12.6

543.1 (250] 12.2 12.16 Ch 548 (750] 2.6

543.2 (250] 12.4 551A.2 [730] 84.1 12.10 84.2 12.14 12.17-12.27 551A.3 (730] 84.2 12.29 84.4

543.5 [250] 12.1 551A.4 (730) 84.3

543.6 [250) 12.7 551A.5 (730) 84.2 12.8 84.5 12.10 12.15 551A.6 (730] 84.2

84.5 543.7 (250] 12.3

12.4 551A.7 (730] 84.5 12.7 12.23 551A.8 (730) 84.6

543.8 [250] 12.10 551A.9 [730] 84.2 12.17 12.18 551A.11 [730] 84.6 12.25-12.27 84.7

543.9 [250) 12.4 554.9403 (750) 1.1-1.5 12.10

554.9405 (750) 1.1-1.5 543.10 [250] 12.29

554.9406 (750] 1.1-1.5 543.11 (250] 12.8

554.9407 [750] 1.1-1.5 543.12 (250] 12.8

12.27 Ch 556 (830] 2.1

543.13 [250] 12.8 567.8 (750] 12.1 12.27

596.3• (470] 3.1 543.15 [250] 12.9

600.1 (770] 139.2 543.16 (250] 12.4

12.12 600.2 [770] 139.4 12.17 139.11 12.27

600.8 [770) 139.5-139.7 543.17 [250) 12.11 139.11

12.12 12.15 600.11 [770] 139.12 12.19

600.15 [770] 139.9 543.18 [250] 12.11

12.12 600.16 (770] 139.13 12.14 12.27 600.22 [770) 138.1-138.6

543.19 (250] 12.13 600.24 (770] 139.10

•Repealed by 82 Acts. ch 1152. §3.


Code Code '..,/ Section or Agency No. Section or Agency No. Chapter and Rule Chapter and Rule

601A.I5 (240] 1.1 691.3 (680] 12.1-12.11 1.5 1.8 692.10 (680] 8.1 1.9 8.100 1.15 11.1-11.11

6018.3 (160] 5.1 Ch 693 (680] 15.1-15.6 5.2

716.5 (70) 1.1 6018.6 [160] 2.3

2.6 724.1 [680) 4.7-4.12 4.1-4.15 5.1-5.4 724.6 [680) 4.1 6.2-6.6 4.2 7.1-7.10 4.4 8.1-8.4 9.1 724.7 (680) 4.1 9.2 4.2

4.4 6018.7 (160) 1.1-1.6

2.1 2.2

724.9 (680) 4.1-4.3

2.4 724.10 (680) 4.1 2.5 4.2 4.1-4.15

724.11 [680) 4.1 601E.I [820) 07,0 1.1 4.4

4.6 601E.6 [820) 07,0 1.2

1.3 724.15 [680] 4.2 1.5-1.7 4.5 1.10 4.6

Ch 601G [210] 1.1 724.17 [680] 4.2 1.2 4.5 2.1-2.6 3.1-3.3 724.19 [680] 4.2 4.1-4.7 4.5 5.1-5.4 6.1 902.1 [615] 3.7 7.1 8.1 902.2 [615) 3.4

3.7 601G.9 [210] 2.3

5.2-5.4 902.7 [615] 4.9

601G.13 [210] 2.3 902.8 [615] 4.9 5.2-5.4

904.1 [615] 1.1 601G.18 [210] 2.3 2.1

5.2-5.4 904.2. [615] 1.1

601J.4 [820] 09,8 1.2 1.4 905.1 [770] 25.4 1.5

905.3 [770] 25.3 622.106 [730] 89.6

905.4 [770] 25.3 633.278 [730] 86.6

905.6 (770) 25.4 633.352 [730] 89.4

905.7 [770] 25.1-25.3 633.361 [730) 86.2 25.5-25.8

633.364 [730] 86.2 905.8 [770) 25.2

633.374 [730) 86.6 905.9 [770) 25.2

633.425 [730] 89.4 906.2 (615] 6.1 6.2

633.471 [730] 89.8

690.1 (680] 11.1-11.11


Code Code

~ Section or Agency No. Section or Agency No. Chapter and Rule Chapter and 'R.ule

906.3 [615] 1.1 912.11 [680] 17.1-17.15 2.2 3.6 912.12 [680] 17.1-17.15 3.8 3.9 68GA.Ch 1 [730] 43.6 7.1 7.2 9.1

68GA,Ch 11 [820] 09,8 2.1-2.9

9.2 68GA,Ch 12 [780] 7.21-7.29

906.4 [615] 4.1 68GA,Ch 13,§7(3) [670] 27.5

906.5 [615] 3.1 68GA,Ch 33 [370] 3.82 3.5 4.2 3.6 4.18 4.2-4.10 4.26

906.6 [615) 3.1-3.5 68GA,Ch 1014 [370) 8.12 4.3 8.13 4.7

69GA. Ch 5 (470] 79.1 906.7 [615] 1.1 79.3

79.4 906.8 [615] 7.5

69GA, Ch 7,§3 [770] 78.1 906.11 [615] 6.1 160.3

6.2

906.12 [615] 5.2 69GA. Ch 7.§10 [770] 56.5

906.13 [615] 5.2 69GA. Ch 8 [245] 9.1

69GA.Ch 8,§8 [670] 5.21-5.24 906.14 [615] 5.1

69GA. Ch 9 [470] 79.1 906.15 [615] 8.1-8.4 79.3

79.4 908.1 [615] 7.4

69GA. Ch 11.§3 [7i0] 16.10 908.2 [615] 7.4

1.5 69GA. Ch 43 [730] 81.16

908.3 [615] 7.5 69GA, Ch 60 [470] 57.35-57.48 58.39-58.52

908.4 [615] 7.5 59.44-59.57

908.5 [615] 7.7 63.33-63.46

908.6 [615] 7.5 69GA. Ch 64,§12 [470] 96.4

7.7 69GA, Ch 80 [770] 41.8

908.7 [615] 7.6 69GA, Ch 156 [250] 7.1 7.2

908.9 [615] 7.6 7.4 7.7

912.1 [680] 17.1-17.15 7.10

912.2 [680] 17.1-17.15 69GA, Ch 174,§4-7 [130] 5.1-5.3

912.3 [680] 17.1-17.15 69GA, Second Extra-

912.4 [680] 17.1-17.15 ordinary Session

1981, Ch 2 [730] 63.13 63.17

912.5 [680] 17.1-17.15 63.25 64.1

912.6 [680] 17.1-17.15 64.3-64.5

912.7 [680] 17.1-17.15 64.7 64.16 64.18

912.8 [680] 17.1-17.15 64.22

912.9 [680] 17.1-17.15 65.15

912.10 [680] 17.1-17.15


Code Code \..-1 Section or Agency No. Section or Agency No.


69GA, Ch 1173 [495] 4.1-4.8 Tit.4S,CFR, Pt. 224 [370] 7.11 S.l-5.3 5.10 IS U.S. Code 1673(b) [770] 95.8 5.20-5.23 5.32 U.S. Code, Tit.23,Ch 2,

§217 [820] 06,P 4.1-4.3 69GA, Ch 1210 [630] 14.2-14.5

U.S.Code, Tit.23,§402 [630] 12.3 69GA, Ch 1237 [770] 41.2

43.2 29 U.S.Code 816 [630] 6.5

69GA, Ch 1260 [470] 79.1-79.5 42 U.S.Code§300m-6(b) [470] 202.4 80.1-80.11

[670] 27.1 42 U.S.Code§l320-a(l) [470) 201.9

69GA, Ch 1260,§2 [770] 16.10 42 U .S.Code§ 1786 [470] 73.1-73.4

69GA, Ch 1260,§86 [770) 59.1-59.9 P.L. 89-564 [630) 12.3

69GA, Ch 1260,§91 [770) 75.1 P.L. 92-603 [470) 201.6 201.9

69GA, Chl260,§92 [770) 40.1 41.7 P .L. 93-203 (Com pre-41.8 hensive Employment 58.1-58.17 and Training Act of [370] 7.10

1973) 7.13 69GA, Ch 1260,§94 [770] 75.1

P.L. 93-618 [370) 7.12 69GA, Ch 1260,§98 [770] 79.1

P.L. 94-385 [380) 15.2-15.4 69GA, Ch 1260,§102 [770) 52.1

P.L. 94-566 [370) 4.41 69GA, Ch 1260,§108 [770] 131.1-131.7 4.42

69GA, Ch 1260,§110 [770] 145.3 P.L. 95-524 [630) 6.5

69GA, Ch 1260,§113 [770) 130.3 P.L. 96-223 [630] 20.2-20.5

69GA, Ch 1260,§117 [770] 156.1-156.14 P.L. 96-499 [370) 4.22

69GA, Ch 1262,§4 [380) 14.1-14.7 P.L. 97-35 [370) 4.59 [380) 14.1-14.7

70GA, SF 184 [730) 12.1 (630) 22.1-22.12 14.1-14.3 24.1-24.5 15.19 16.1 Energy Conservation 18.31 and Production Act, 19.2 Title IV [380) IS.S 26.1

Housing Act of 1954 Tit.I8,CFR, Pt. 292 [250) 15.1-15.10 (as amended) [630) 8.1

8.2 Tit.20, Part V CFR [370) 7.1-7.5

7.7 Public Utility Regula-

CFR, Part V, Ch20, tory Policies Act of

1978 Sec. 210 [250) 15.1-15.10 §604.1 [370) 7.3

Revenue Act of 1978 [370) 7.14 CFR, Part IX, Ch20,

§651.1, 653.5, 658.502 Executive Order 11701 [370) 7.9 dtd 1/23/81 [370) 7.3

OMB Circular A-95 (630) 11.1-11.5 42CFR, § 100.106(a)(4) [470) 201.9

Unemployment Insur-42CFR, §123.405(b) [470) 202.4 ance Program Letter

14-81 and General Ad-42CFR, §123.410(a)(l7) [470) 202.7 ministration Letter 22-81 [370) 4.22

42CFR, §123.413 [470] 202.9 United States Dept. of \,.,) Labor Regulations [630] 6.5

45CFR,Part 96, United States Internal subpart h [380) 14.1-14.7

Revenue Code of 1954, Tit.45,CFR,§206 [630] 20.2-20.5 Section 103(k) [495) 4.5

lAC 6/9/82 Aging, Commission on[20] Ch 8, p.4

d. Use all contributions to expand the services of the provider under the area plan. Nutrition service providers must use all contributions to increase the number of meals served, in compliance with chapter 9.

8.11(2) Contribution schedules. Each service provider must develop and prominently display a suggested contribution schedule for services provided.

8.11(3) Failure to contribute. A service provider that receives commission funds may not deny any older person a service because the older person will not or cannot contribute to the cost of the service.

8.11(4) Contributions as program income. Contributions made by older persons are considered program income subject to 45 CFR §§ 74.41 and 74.42 (1981).

8.11(5) Charges for nutrition services. Guests and staff, except food service personnel, who are not eligible participants must pay the total programmatic cost of the meal.

a. The executive director shall issue procedures for calculation of the total programmatic meal cost based on fiscal and programmatic data for the area agency to use in calculating the areawide cost.

b. Each congregate nutrition site must post the total programmatic cost of the meal to be paid by staff and guests not eligible for the program.

c. Volunteers under sixty years of age who perform essential site functions on a regular basis must have the same opportunity to contribute as provided to eligible participants.

20-8.12(2498) Maintenance of nonfederal support for services. As established by contract with the area agency, each service provider must assure that funds under the Act are not used to replace funds from nonfederal sources and agree to continue or initiate efforts to obtain support from private sources and other public organizations for services funded under the Act.

20-8.13(2498) Advisory role of older persons to service providers. Each service provider under the area plan must utilize procedures for obtaining the views of participants about the services they receive.

20-8.14 to 8.19 Reserved.

20-8.20(2498) Multipurpose senior centers. 8.20(1) Purpose of award. The area agency may award social service funds under the Act

to a public or private nonprofit agency for the following purposes: a. Acquiring, altering, leasing or renovating a facility, including a mobile facility, for use as

a multipurpose senior center; b. Constructing a facility, including a mobile facility for use as a multipurpose senior

center, subject to the provision of 8.24(2498); or c. The costs of professional and technical personnel required for the operation of multi

purpose senior centers. 8.20(2) Definitions. For purposes of this rule: a. "Acquiring, means obtaining ownership of an existing facility in fee simple or by lease

for ten years or more for use as a multipurpose senior center. b. "Altering, or "renovating, means making modifications to an existing facility which

are necessary for its effective use as a multipurpose senior center. This includes restoration, repair, expansion and all related physical improvements.

c. "Construction,, means building a new facility including the costs of land acquisition and architectural engineering fees.

d. "Structural change'' means any change to the load-bearing members of a building. 8.20(3) Preference. In making awards for the purposes specified in 8.20(1), the area

agency must give preference to facilities located in communities with the greatest incidence of older persons with the greatest economic or social need.

8.20(4) General requirements for multipurpose senior center awards. Funds may be awarded for the purposes specified in 8.20(1) only for a multipurpose senior center which:

Ch 8, p.4a Aging, Commission on[20] lAC 3/16/83

a. Serves a cross section of all segments of the older population of its service area, with \.,.,) special emphasis on those in greatest economic or social need;

b. Operates a program of group activities, individual services and community service opportunities in each of the following categories of service:

1. Access services specified in 6.5(2)"a"; 2. Community services specified in 6.5(2)"b"; 3. Services for frail, at-risk, and institutionalized elderly; and 4. Nutrition services specified in 8.45(249B). c. Provides for necessary co-ordination with other services and programs in the service area

by the co-location of staff and services of other service providers; and d. Operates its service program from a safe and physically accessible structure. Access to

the service program must be available to older persons at least forty hours per week.

20-8.21(2498) Compliance with health, safety and construction requirements. ~ 8.21(1) General rule. A recipient of any award for multipurpose senior center activities

must comply with all applicable state and local health, fire, safety, building, zoning and sani-tation laws, ordinances or codes.

8.21(2) Life safety. A recipient of any multipurpose senior center award must: a. Comply with the provisions of the applicable building occupancy classification of the

National Fire Protection Association "Life Safety Code". (NFPA No. 101, 1976 edition); b. Install, in consultation with state or local fire authorities, an adequate number of smoke

detectors in the senior center; and c. Have a plan for assuring the safety of older persons in a natural disaster or other safety

threatening situation. 8.21(3) Architectural barriers. The plans and specifications for an award for acquiring,

altering, renovating or constructing a multipurpose senior center facility must comply with regulations relating to minimum standards of construction, particularly with the requirements "--1 of the Architectural Barriers Act of 1968.

8.21(4) Technical adequacy. The recipient of funds must assure the technical adequacy of any proposed alteration or renovation of a multipurpose senior center assisted under the Act that affects the load-bearing members of the facility, is structurally sound, and complies with all applicable local or state ordinances, laws or building codes. In absence of these codes, the recipient of funds must assure compliance with chapter 23 of the Uniform Building Code (1979), as published by the Internal Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90801.

20-8.22(2498) Compliance with federal labor standards. A recipient of ari award for altera-tion, renovation, or construction of a facility for use as a multipurpose senior center must comply with the requirements of the Davis-Bacon Act and other mandatory federal labor \.,/ standards.

20-8.23(2498) Length of use of an acquired or constructed facility. 8.23(1) Acquired facility. A recipient of an award for the acquisition of a facility to be

used as a multipurpose senior center must assure that the facility will be used for that purpose for at least ten years from the date of acquisition.

8.23(2) Constructed facility. A recipient of an award for the construction of a facility to be used as a multipurpose senior center must assure the facility will be used for that purpose for at least twenty years after completion of construction.

8.23(3) Altered or renovated facility. A recipient of an award for altering or renovating a facility to be used as a multipurpose senior center must assure the facility will be leased for that purpose for at least one year for every $1,000 of nonremovable improvements for a max-imum lease period of ten years. ~

8.13(4) Waiver. The commissioners may request the administration on aging to waive the requirements of subrules 8.23(1) and 8.23(2) in unusual circumstances.

lAC 6/9/82 Aging, Commission on[20] Ch 8, p.19

10-8. 70(1498) Project operations. 8. 70(1) Assurance. In order for a subcontractor to operate a SCSEP, the subcontractor

must assure that all procedures and guidelines shall be developed in accordance with the guidelines in 29 CFR Part 89, 1980, and in addition the subcontractor must assure that:

a. Only eligible individuals are enrolled in the program; b. Enrollees reside in the community or in a community near where they are employed; c. Services provided to the community are related to publicly owned and operated facilities

and projects, or projects sponsored by organizations, other than political parties, exempt from taxation under the provisions of section 501(c)(3) of the Internal Revenue Code of 1954 as amended, except projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship;

d. Services provided contribute to the general welfare of the community; e. Employment has resulted in an increase in employment opportunities which would not

otherwise be available, not result in the displacement of currently employed workers (including partial displacement, such as a reduction in the hours of nonovertime work or wages or employment benefits), and not impair existing contracts or result in the substitution of federal funds in connection with work that would otherwise be performed;

f. Enrollees are not eligible to perform work the same or substantially the same as that performed by any other person who is on layoff;

g. Methods of recruitment and selection (including listing of job vacancies with job service of Iowa) assure that the maximum number of eligible individuals will have the opportunity to participate in the project;

h. Provision has been made for in-service training as is necessary to make the most effective use of the skills and talents of those individuals who are participating;

i. Enrollees are assisted in attending meetings and other gatherings sponsored by either the area agency on aging or the commission on aging;

j. Reasonable expenses and compensation for time spent in training are provided; k. Safe and healthful conditions of work are being provided; I. Persons employed in community service jobs assisted under the grant are being paid

wages which would be applicable to the employer under the Fair Labor Standards Act of 1938. If section 6(a)(l) of the Fair Labor Standards Act applied to the participant and if he were not exempt, the state or local minimum wage for the most nearly comparable covered employment or the prevailing rates of pay for persons employed in similar public occupations by the same employer would apply;

m. Persons competent in the field of service in which employment is being provided and knowledgeable with regard to the needs of older persons are administering the program in accordance with 28 CFR 89.28;

n. Pay has been authorized for necessary transportation costs of eligible individuals which may be incurred in employment under the grant in accordance with 29 CFR 89.28;

o. The needs of minority, Indian and limited English-speaking eligible individuals in proportion to their number in the geographic jurisdiction of the project have been served;

p. Individuals participating in the project have been included under the state unemployment insurance plan;

q. Annual physical examinations have been provided for the enrollees; r. Authorized enrollment level of the grantee has been effectively maintained. Recruitment.

efforts shall ensure that enrollment positions within the project are occupied to the fullest extent possible;

s. If the program has been subcontracted, a copy of the contract is on file in the subcontract office, which includes a signoff on assurances;

t. Enrollees have proper orientation to the host agencies as well as the aging network in their areas;

u. On-the-job training shall not exceed twenty percent of total man-hours to be worked during the grant period;

Ch 8, p.20 Aging, Commission on[20] lAC 3/16/83

v. Supportive services shall be available to enrollees in accordance with 29 CFR 89.27; ~ w. Procedures are established for resolving any issues arising between an enrollee and a host

agency and further assure that the enrollees have been given written job descriptions upon placement;

x. Provide employment for eligible individuals whose opportunities for other suitable public or private paid employment are poor; and

y. Assure that each enrollee shall be recertified at least once during each program year. 8. 70(2) Reserved. These rules are intended to implement Iowa Code chapter 249B.

[Filed 5/20/82, Notice 3/17/82-published 6/9/82, effective 7/14/82] [Filed 12/3/82, Notice 7/21/82-published 12/22/82, effective 1/26/83]

[Filed emergency 2/25/83-published 3/16/83, effective 2/25/83]

\...!

v

~

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lAC 12/22/83, 3/16/83 Aging, Commission on[20] Ch 9, p.1

CHAPTER 9 '-..! FISCAL REQUIREMENTS

20-9.1(2498) Grants to area agencies. 9.1(1) General rule. The commissioners make annual allotments to each area agency to

part of the costs of administration and services under the area plan. 9.1(2) Types of allotments. Each area agency receives separate allotments for: a. AoA supportive services; b. AoA congregate nutrition services; c. AoA home-delivered nutrition services; d. AoA senior employment services; e. Other federal and state allotments received by the commissioners. 9.1(3) Limitation on use. Except as provided in rules 9.10(2498) and 9.12(2498), the area

'\._) agency must use each allotment for the purpose for which it was made.

20-9.2(2498) Area agency allotments. Except as provided in rule 9.6(2498) and 45 CFR § 1321.195, (1981), the commissioners shall allot the entire social and nutrition services allotment to area agencies, under approved annual applications for award, according to intrastate funding formulas set forth in rule 4.9(2498).

20-9.3(2498) Expenditures In rural areas. The commissioners shall allot to rural areas at least one hundred and five percent of the amounts these areas spent under Titles III, V and VII of the Act during the fiscal year 1978. This will be accomplished through the intrastate funding formula set forth in rule 4.9(2498).

20-9.4(2498) Priority service requirement. 9.4(1) General rule. An area agency must spend an adequate proportion of its supportive

services allotment as identified in 6. 7(5) excluding amounts used for administration under rule 9.10(2498) for the following categories of service, with at least some funds spent in each of the following categories:

a. Services associated with access to other services. These services are transportation, outreach, and information and referral;

b. In-home services. These services are homemaker and home health aide, visiting and telephone reassurance, and chore maintenance; and

c. Legal services. 9.4(2) Waivers. The commissioners, in approving the area plan or a plan amendment,

shall upon recommendation of the executive director waive the requirement of 9.4(1) for any category of service for which the area agency demonstrates to the commissioners that the services provided from other sources meet the needs of older persons in the planning and service area for that category of service.

a. If the area agency receives a waiver for any category of priority service, the area agency must continue to spend for the remaining categories of services, the percentage of the area agency's social service funds agreed on by the state and area agency. ·

b. In order to obtain a waiver for legal services, the area agency shall demonstrate the

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lAC 3/16/83 Arts Council[lOO] Ch 1, p.l

ARTS COUNCIL[lOO] CHAPTER!

DESCRIPTION OF ORGANIZATION 1.1 (304A) Definitions 1.2(304A) Organization

CHAPTER2 POLICIE;S AND PROCEDURES

2.1 (304A) Director's powers and authority 2.2(304A) Restraints on director 2.3(304A) Programs

CHAPTER 3 FORMS

3.1(304A) Grants-in-aid forms

3.2(304A) Artists-in-schools (AIS) forms 3.3(304A) Solo artist forms 3.4(304A) Touring arts team (TAT) 3.5(304A) Arts for special constituents

(ASC) forms 3.6(304A) Arts in county care facilities

(ACCF) forms 3. 7(304A) Arts and the handicapJ)ed

(AH) forms 3.8(304A) Touring exhibition forms 3.9(304A) Art in state buildings appli

cation 3.10(304A) Youth arts alternative forms 3.11(304A) Faces of Iowa forms

CHAPTER 1 DESCRIPTION OF ORGANIZATION

100-1.1(304A) Definitions. The definitions of terms listed in section 17A.2 of the Code shall apply for these terms as they are used throughout this chapter. In addition, as used in this chapter:

1.1(1) "Council" means state advisory agency. 1.1(2) "Director" means director of the Iowa state arts council.

100-1.2(304A) Organization. The council is a state advisory agency which consists of fifteen citizens of Iowa and a single executive. The fifteen members are appointed by the governor from among citizens who are recognized for their interest or experience in connection with the performing and fine arts. Recommendations to the governor may be made by representative civic, educational, and professional associations and groups concerned with or engaged in the production or presentation of the performing and fine arts. Each member serves a three-year term which begins on July 1. The governor designates a chairman and vice chairman from the members of the council. The council holds business meetings in the following months: March, April, June, August, September and November. These meetings are generally held on the third Friday of the month.

1.2(1) Function. The arts· council was created by chapter 304A, The Code. It has as its mission to encourage active participation of the citizens of Iowa in aesthetic awareness and creative expression, and to create a cultural climate in which the arts may flourish.

1.2(2) Director. The single executive is known as the director of the Iowa state arts council and is attached to the office of the governor. The director is nominated by the council and appointed by the governor with the same term as the governor. The office of the director is located at 1223 E. Court Avenue, Executive Hills East, Des Moines, Iowa. The mailing address is Iowa State Arts Council, State Capitol Building, Des Moines, Iowa 50319.

1.2(3) Duties of council and director. a. Council. (1) The council advises the director in regard to policies, programs and procedures for

carrying out the functions, duties or responsibilities under chapter 304A. (2) The council also reviews programs supported by chapter 304A and makes recom

mendations to the director. The director shall not act without the recommendation of the board on programs supported by chapter 304A, unless the board fails to act within a reasonable time.

Ch 1, p.2 Arts Council [100] lAC 5/27/81

b. Director. ~ (1) The director stimulates and encourages the study, presentation, and participation in

the performing and fine arts by the public throughout the state. (2) Determines the legitimate cultural and artistic needs and aspirations of citizens in

Iowa. (3) Will make surveys of existing artistic and cultural programs and activities within Iowa

in all disciplines.

lAC 3/16/83 Arts Council [1 00] Ch 2, p.1

(4) Determines how state resources, present and future, will serve the cultural needs and aspirations of the public.

(5) Submits a biennium report to the governor and the general assembly outlining the studies that have been completed during the biennium and recommending changes in order to implement and enforce chapter 304A.

These rules are intended to implement sections 304A.4 and 304A.6, The Code. [Filed 1117/75, Notice 9/22175-published 12/1175, effective 1/5/76] [Filed 8/17/81, Notice 7/8/81-published 9/2/81, effective 10/7/81]


CHAPTER 2 POLICIES AND PROCEDURES

100-2.1(304A) Director's powers and authority. The director has the powers and authority necessary to carry out the duties imposed by chapter 304A of the Code.

2.1(1) The power to employ administrative, professional, and other personnel necessary for the performance of the duties.

a. Programs director. The programs director reports to the executive director and oversees the principal programs of the arts council with the exception of grants-in-aid and community arts council development, maintains the program policies, initiates pilot programs compatible with the council's five-year plan, supervises the programs staff, and serves as a primary consultant in the field.

b. Fiscal officer. The fiscal officer is responsible to the executive director for the management of all incoming and outgoing funds, payroll, purchasing and accounting, handles all contracts to grantees, administers reports to the National Endowment for the Arts, and assists director with state budget and beinnium reports.

c. Grants officer. The grants officer reports to the executive director and generally administers the council's financial aid programs, which generally involves the application and review procedure for the grants-in-aid program.

2.1(2) The authority to make and sign any agreement and to perform any acts which may be necessary, desirable or proper in order to carry out the purpose of The Code. · 2.1(3) The authority to request and obtain from any department, division, board,

bureau, commission or agency of the state such assistance and data as needed to carry out the assigned powers and duties as required by chapter 304A.

2.1(4) The authority to appoint advisory committees as the director deems advisable and necessary. The following policies guide the actions of advisory committees:

Ch2,p.2 Arts Council[lOO] lAC 3/16/83

a. Recommendations of panels of advisors on any aspect of administration or programs constitute advice and are not binding on the council. In the case of grants, final awarding authority rests with the executive director, after review by the Iowa arts council in a general business session.

b. Advisors are not restricted from submitting an application for Iowa arts council funds, but must refrain from any actions directly or indirectly capable of influencing the judgment of the council.

c. Council members are eligible for appointment to advisory panels immediately following the end of their terms on the council.

d. Advisors who violate state rules governing conflict of interest, by lobbying or advocating on behalf of any grant application in which they have an affiliated interest, by failing to reveal their association in an application, or by failing to absent themselves from all discussion and voting on such an application, shall be recommended for resignation to the appointing authority. Affiliated interest shall be interpreted to include employee, board or trustee relationship with the applicant, and shall not be extended to include the spouse of the participant.

e. Advisors who are not able to meet their obligations to panels for application review, meetings to gather advice, or taking on a reasonable share of on-site visits for evaluation, prescreening or qualitative review may be asked to resign. This determination shall rest with the executive director in consultation with appropriate council members or staff.

f. Advisors who attempt to represent or speak for the council without written authorization may be asked to resign. This determination shall rest with the executive director in consultation with appropriate council members or staff.

g. The executive director of the Iowa arts council is authorized to reimburse advisors for travel and living expenses directly related to their functions. Reimbursements are subject to state law.

2.1(5) The power and authority to accept any federal funds granted by Congress or executive order and to receive and disburse as the official agency of the state any funds made available by the national foundation on the arts.

2.1(6) The director has the power to accept gifts, contributions or bequests for all purposes of chapter 304A.

100-2.2(304A) Restraints on director. The director shall avoid any actions which may interfere with the freedom of artistic expression or with the established or contemplated programs in any local community.

100-2.3(304A) Programs. The director administers grants-in-aid programs, artists-inschools, solo artists, touring arts team, arts for special constituencies, arts in county care, technical assistance, touring exhibitions, art in the state buildings programs, faces of Iowa, V youth arts alternative program, and other formally adopted programs as may be identified.

2.3(1) Program eligibility requirements. These requirements must be met to participate in any Iowa arts council program.

a. The Iowa arts council may provide direct financial support only to organizations that are nonprofit and federally tax-exempt.

b. Organizations that do not have nonprofit tax-exempt status, and which are not profitmaking corporations, may apply to the council through a fiscal agent. The fiscal agent, a nonprofit, tax-exempt organization, must sign the application form and, if a grant is awarded, must sign the contract. The fiscal agent is legally responsible for the completion of the project and for the management of the grant funds. It is recommended that a fiscal agent enter into a formal agreement with the group implementing the project, outlining the working relationship between the two parties.

c. Recipients must agree to include in all promotions, publicity, advertising, and in any '-..,) printed materials pertaining to the program, the following credit line: This program is sup-ported, in part, by a grant from the Iowa arts council and the national endowment for the arts.

lAC 3/16/83 Arts Council [1 00] Ch 2, p.2a

d. Programs supported in any way by Iowa arts council funds must be open to the public. All reports from previous direct grants and programs must be correctly submitted and filed in the Iowa arts council office before financial assistance funds will be released.

2.3(2) Grants-in-aid eligiblity and restrictions. There are certain eligibility requirements which must be met in order to receive funds under any grants-in-aid program. There are also restrictions on the use of funds.

a. Eligibility requirements: (1) A copy of the applicant's Internal Revenue Service tax determination letter must be

filed with the council prior to the review of any grant application. (2) Applicant organzations must have been in active service to the Iowa public for at least

one year prior to the date of the application. This requirement may be waived by the executive director for mini-grants.

(3) Individuals applying for and receiving grant funds from the general grants-in-aid program must be residents of Iowa for the duration of the grant period.

(4) The Iowa arts council maintains a general policy to provide up to fifty percent funding of any project. The applicant must demonstrate the ability to provide at least fifty percent of the total project cost from other funding sources.

b. Restrictions: (1) The Iowa arts council will not consider applications for capital improvements or con

struction. purchase of equipment. fund in~ a previous year's deficit, out-of-state travel. tuition assistance for academic study, ticket subsidy programs, reception expenses, projects excluding the general public, projects which occur prior to the grant review process, or projects which may be characterized as needlessly free of admissions or participation fees. Organizations . having negotiated indirect costs with the federal government may neither list indirect costs as a project expense, nor use them as cash match on an application. Applications from colleges and universities requesting assistance for events which take place on campus will be considered only if the proposal involves people from the community in planning and implementation of the project. ·

(2) The Iowa arts council will generally not fund conservation of art works or projects which take place outside of Iowa.

(3) Recipients of grants must agree that no moneys shall be used to influence federal legislation or appropriation by the United States Congress.

(4) No portion of Iowa arts council funds may be used to meet the recipient's obligation to match other Iowa arts council grants or programs.

(5) The council cannot and will not permit grantees to become dependent on it for continuing funding of reoccurring projects. The projects may be considered a low priority after five years of council support unless circumstances encourage continued financial assistance.

(6) Applications will not be considered unless submitted on proper forms with support materials as requested. The standard application form should be used except where noted under program classifications. Support materials are noted in application instructions.

Ch 2, p.J Arts Council[ 1 00] lAC 5/27/81

2.3(3) General grants. The general grants program awards matching grants to individuals and organizations for support of arts projects in performing, visual, literary, craft and folk ~ arts. Programs and projects, salary support for full or part-time employment with arts agen-cies, touring performances, and touring visual arts exhibitions are included in this category. The project year will run from July 1 to June 30.

a. Programs and projects. The council awards matching grants to organizations and individuals for programs and projects which are developed by and are in accordance with the purpose and goals of the applicant and which meet all eligibility requirements herein stated.

(1) Applicants requesting funds for artists' residencies, services, concerts or exhibitions should include artists' resume's with samples of work or review.

(2) In cases where specific artists have not yet been determined, applicants should provide a description of the proposed selection process.

b. Salary support. Arts organizations having completed two years of service by the time of application may apply for full or part-time salary support for their first paid position. This ~ category is based on a three-year decreasing scale by which the arts organization gradually takes over the entire salary of the position. Requests must be made for three consecutive years; however, renewal (not automatic) is subject to yearly application and review. Salary support dollar limitations are published annually in the grants-in-aid brochure.

(1) Future funding sources demonstrating the applicant's ability to maintain the total salary in the fourth year and thereafter must be included.

(2) Programs and services planned for this three-year period must be included. (3) A job description and resume' for the employee for whom salary support is requested

must be included. (4) Evaluation of personnel when requesting second and third-year support must be

included. c. Touring performances. The Iowa arts council provides touring grants to performers and

performing groups to make talent within the state available to a greater proportion of the in- \.,I terested public, and to create new audiences for the arts.

(1) Any individual or organization receiving a grant for touring performances shall tour to sites outside of the metropolitan area in which the group or individual is based or resides.

(2) Up to fifty percent of the professional fee may be requested from the Iowa arts council, with matching funds (cash) from the community sponsors.

(3) First-time applicants requesting performing assistance must arrange to be heard or seen in performance or audition by the council or its duly appointed representative within a year prior to making application to the Iowa arts council.

(4) Repeating applicants will be reviewed periodically, especially when changes in personnel have occurred since the original audition. The Iowa arts council should be notified when personnel changes do occur so that auditions can be arranged before the next application period.

(5) Artists must submit resumes with their application. d. Touring exhibitions. The Iowa arts council provides financial assistance to tour high- ~

quality visual arts exhibitions throughout the state. (1) Funding is available for preparing exhibits of completed art works, or works pending

completion. Allowable expenses may include crating and framing materials, insurance, art supplies and materials necessary to complete works of art for touring.

(2) Visual artists applying for funding to prepare completed works to tour must submit required materials as stated in the current grants-in-aid brochure.

(3) Applicants requesting funds to complete works to tour must submit required materials as stated in the current grants-in-aid brochure.

(4) Tours of performances are scheduled and co-ordinated by the grantee. Touring exhibitions may be scheduled by the artist, or by the Iowa arts council upon prior agreement. Performances and exhibitions are publicized in Iowa arts council publications.

lAC 3/16/83 Arts Counci1[100] Ch2, p.4

e. Creative artists grants. Starting in January 1983, the Iowa arts council will conduct a pilot project for professional creative writers (poets, playwrights, and fiction authors), musical composers or arrangers, dance choreographers, and film or video artists. Creative artists may apply for matching grants to prepare works-in-progress for circulation to potential publishers, agents, sponsors or performers. Eligible projects may include: Hiring musicians to produce a demonstration tape of a new composition, studio recording fees, hiring a music copyist to prepare a score or parts, hiring dancers to produce a video tape of a new choreography, typist fees to finalize the manuscript of a novel, hiring consultants to prepare publications or other preparatory expenses. Creative artists grants are not fellowships. After June 30, 1983, this program will be evaluated. Individuals interested in applying for creative artists grants after that date should contact the agency grants officer.

-2.3(4) General grant application procedures. The project year runs from July 1 through June 30. Applications must be made on an official Iowa arts council grant application form G-1 available at the Iowa arts council office. Applications must be postmarked or received, without exception, by January 10 to be eligible for consideration that year. If any application deadline falls on the weekend or on a state holiday, the following public business day becomes the deadline date.

2.3(5) General grant award process. General grant applications are reviewed by the staff, by special panels and committees, by the Iowa arts council and by the executive director, who then makes the award.

a. Staff processing. Applications are first processed by the staff to determine eligiblity and make panel or committee assignments. The applicant is notified that his application has been received and is being processed.

b. Panels and committees. The grant applications are reviewed by the appropriate panel or committee. Panel and committee members are Iowans selected for their expertise by the executive director. They serve a one-year term, running from July 1 through June 30. Panels and committees meet within sixty days of the grant application deadline to review applications and make recommendations to the Iowa arts council on which grant applications (in their respective areas) should be funded.

(1) Panels. There are four panels: Theatre/dance, community arts, music and visual arts. Each panel consists of no less than eleven members, nine chosen at large and two Iowa arts council members. One Iowa arts council member chairs the panel, the other is a vot!ng member.

(2) Committees. There are two committees, literature and expansion arts. Each committee consists of no less than six members, five chosen at large and at least one Iowa arts council member. The Iowa arts council member chairs the committee.

c. Iowa arts council review. The Iowa arts council meets within ninety days of the grant application deadline and after the panel and committee meetings, to review the grant applications. The council must consider the recommendations of the panels and committees but it is not bound by them. The Iowa arts council will then make its recommendations to the executive director.

d. Review. The executive director will, within ninety days of the grant application deadline, review the applications and the recommendations of the Iowa arts council and officially award the grant moneys. Final authority to award Iowa arts council grants is retained by the executive director.

e. Notification. All applicants will be officially notified of the results of their requests in writing ninety days after program deadlines. Grant moneys may be requested within the project year, after the grantee has returned Iowa arts council contracts properly signed and notarized.

Ch 2, p.S Arts Council [100] lAC 3/16/83

f Revised budgets. Grantees receiving less than the requested amount are required to file revised budget form G-2 prior to actual grant award and the issuance of a contract.

g. Contract. Recipients of grant awards are required to enter into formal contract with the Iowa arts council, using contract form G-3. Recipients must also fill out cash request form G-4. Grant moneys will be issued within the project year after the grantee has returned the Iowa arts council contract properly signed and notarized, and the cash request form.

h. Reporting. All grantees must submit financial form G-5 and narrative report form G-6 (and photographs, if available) which indicate the project was completed. Touring grantees are required to have each sponsor fill out either a performance evaluation form G-7 or an exhibition evaluation form G-12. These evalutations must be submitted to the Iowa arts council. These reports are due thirty days after the project completion date. Financial records, subject to examination and audit, must be kept on all grant funds. These records must be kept for three years after completion of the project and must be available to the Iowa arts council or its duly authorized representative.

2.3(6) Mini-grants. Applications may be submitted throughout the year for the mini-grant program. Groups and individuals may apply for matching funds for projects unforeseen or undeveloped at the time of the annual general grants program. The maximum amount awarded in this program is five hundred dollars.

a. To apply for a mini-grant, the applicant must compose a one- to three-page letter con-taining the following information:

(1) Applicant's name (2) Name of project director (3) Mailing address {4) Phone number of project director (office and home) {5) Project title {6) Project date (7) Project description (8) Project budget {income and expenses by source) (9) Amount requested from the Iowa arts council (not to exceed five hundred dollars). b. Mini-grants are reviewed monthly by the staff. Awards are made within the first seven

working days of the month following receipt of the application. c. Award of mini-grant funds is made by the executive director. 2.3(7) Community arts development. The following grant category was designed specific

ally for community arts councils (local arts agencies working across discipline lines to produce or sponsor arts activities or to serve a co-ordinating role with the arts agencies existing within the community).

a. Community partnership incentive grants. The community partnership incentive program is a direct-grants program which provides assistance to community arts councils working in partnership with local government to provide cultural programs, projects and services.

(1) Grants must be matched dollar-for-dollar (in cash) by funds from local government. {First-year applicants may request up to one thousand dollars, second-year applicants may request up to two thousand dollars, and third-year applicants may request up to three thousand dollars. Three years of funding is the limit for any applicant and only one successful community partnership incentive application will be accepted per year from any one council).

{2) Community arts councils which have been in existence one full year and are nonprofit and federally tax-exempt corporations are eligible to apply. Municipal or county governments may apply only in the event local arts councils have not yet attained tax-exempt status.

(3) The application deadline is March 1. Application should be made on grant application form G-1. An affidavit from the local government, signed by a qualified government official, stating that they agree to provide matching funds must be attached to the application.

(4) The Iowa arts council executive committee reviews grant applications within ninety days and makes recommendations to the full council.

(5) The awards process is the same as stated in 2.3{4) "c" and "d". {6) The notification and reporting procedures are the same as stated in 2.3(4) "e" and ')".

lAC 9/2/81 Arts Council [100] Ch2, p.6

b. Technical assistance grants. Technical assistance grants are available throughout the year to assist the professional development of community arts councils in Iowa. The program enables an arts council to engage professional consultants for a short period of time to solve administrative, technical or artistic problems.

(I) Applications must be accompanied by a resume'for the consultant to be hired. The Iowa arts council will supply assistance in locating a qualified consultant if necessary. Funds up to five hundred dollars may be requested, and must be matched by a combination of cash, services, facilities or volunteer time. Only one grant per fiscal year will be awarded to an applicant in this program.

(2) Applicants must submit a one- to three-page letter to the community arts co-ordinator, including the same nine points listed in the mini-grant program description, 2.3(5) ua" to ui".

(3) Applications will be accepted throughout the year. Awards will be made by the staff within sixty days.

2.3(8) Operational support grants (OSG) program. The council awards a limited number of grants for unspecified operational support to major producing organizations providing cultural and managerial excellence on a continuing basis.

a. Operational support grants eligibility. OSGs are intended for large-budgeted performing and visual arts organizations incorporated in Iowa and holding federal tax-exempt status. The program is limited to established annual cash operating budgets of $100,000 for performing arts organizations and $200,000 for visual arts organizations; dance applicants are further limited to companies with an established touring season. Applicants must be single-discipline producing organizations whereby exhibitions are organized, concerts are performed, or productions are mounted by the applicant. Organizations whose primary role is sponsorship of an artistic product produced elsewhere are not eligible for operational support. Applicants must have at least one professional staff member, must operate year-around, must have organized plans for artistic and economic stability, and cannot be connected to any educational institutions.

b. Appeals for permission to apply. Applicants whose actual annual cash operating budgets fall within a ten percent variance of the established levels ($90,000 for performing arts organizations and $180,000 for visual arts organizations) may appeal in writing to the Iowa arts council executive director for permission to apply. Appeals must be received no less than fourteen days prior to the established deadline for application, and must establish a compelling reason for the organization to be ali owed to apply. Applications filed prior to a ruling by the director will be returned unprocessed to the ineligible applicant. Successful appeals cover one period of application and must be renewed annually.

c. OSG ·restrictions. Operational support grants are unspecified grants, but also carry restrictions. The restrictions are the same as stated in 2.3(2)ub"(l) to (4).

d. Matching requirements. Matching requirements are met automatically when an applicant's operating budget contains nonfederal funds in excess of the grant award.

e. Application process. Applications must be submitted in the required format with support materials as requested. Applicants do not indicate a dollar amount to their request; grant award amounts will be determined by the Iowa arts council. The project year runs from July 1 to June 30. Applications must be made on an official Iowa arts council grant application form G-9 (parts A and B) available at the Iowa arts council office. Applications must be postmarked or received in the Iowa arts council office, without exception, by May 1. If any application deadline falls on a weekend or on a state holiday, the following public business day becomes the deadline date.

f. Review process. Applications will be reviewed first by an operational support grant advisory panel, appointed by the Iowa arts council executive director, will then be reviewed by the full Iowa arts council, and grants will be subsequently awarded by the executive director. The panel will meet within sixty days of the grant application deadline.

Ch 2, p.6a Arts Council [ 1 00] lAC 3/16/83

g. Notification. The executive director will, within ninety days of the grant application \. ; deadline, review the applications and the recommendations of the Iowa arts council and ,._.... officially award the grant moneys. Grant moneys may be requested within the project year, after the grantee has returned Iowa arts council contracts properly signed and notarized. Grant funds will not be released until all reports from previous grants are correctly submitted and filed in the Iowa arts council office.

h. Revised budgets. Grantees whose eligibility is contingent upon pending appropriations, contributions, revenues, or grants from other sources, may be required to file a revised budget on application form G-10 prior to actual grant award and the issuance of a contract.

i. Recipients of grant awards. Recipients of grant awards are required to enter into a formal contract with the Iowa arts council, using contract form G-3. Recipients must also fill out cash request form G-4. Grant moneys will be issued within the project year after the grantee has returned the Iowa arts council contract properly signed and notarized and the cash request form. \.,1

j. Reporting. All grantees must submit final report form G-11 which indicates that the project was completed. The report form is due thirty days after the project completion date. Financial records, subject to examination and audit, must be kept on all grant funds. These records must be kept for three years after completion of the project and must be available to the Iowa arts council or its duly authorized representative.

2.3(9) Artists-in-schools (AIS) program. This program places professional performing/ visual/literary artists, folk artists and crafts people in elementary and secondary learning centers for periods from five days to nine months.

a. Sponsor guidelines. Sponsors must meet the following guidelines to be eligible for an AIS residency.

(1) Official sponsors must be nonprofit, tax-exempt organizations; however, local public, private and commercial co-sponsors may contribute funds, supplies, facilities, and services to AIS residencies. \.-1

(2) Local sponsor(s), artist(s), and the Iowa arts council must join in tripartite contract agreement for each program.

(3) Local sponsors must match the total cost of the AIS residency with matching cash, services, and cash equivalents.

(4) Artists must be selected from outside the local sponsor's immediate community and generally are Iowa residents. (For exceptions see 2.3(9)"f' (1) to (4).

(5) Programs are usually at least five days in length and may be up to nine months in length. No more than four and one-half hours per day may be scheduled without the artist's expressed donation of time over that sanctioned by the AIS contract.

(6) Sponsors must complete an evaluation-budget form for each program which must be received by the Iowa arts council within two weeks after completion of the program.

b. Sponsor participation. To participate in the AIS program sponsors must do the follow- I. 1

ing: "-"' (1) Fill out and return application P-1. Applications are accepted at any time throughout

the year but, because of limited funds and the number of applicants, it is suggested that applications be received by the Iowa arts council no later than August 1, preceding the school year during which the residency is requested.

(2) Choose an artist from the artists approved by the Iowa arts council. (Detailed information on each artist is available for the sponsor.)

(3) Fill out and return contract P-2. (4) Meet with the artist. (5) Fill out and return AIS evaluation form P-3. (6) Fill out and return final financial report form P-36. c. Artist application procedures. Artists interested in participating in AIS must do the

following: V (1) Submit a resume' which includes biographic information, education or learning

experiences, work, teaching experiences, special workshops, awards, publication, and participation in shows, galleries, performances or readings.

lAC 5/12/82 Arts Council [100] Ch 2, p.8

(4) If the artist is available and agrees to an engagement, complete and return sponsor application P-7 to the Iowa arts council. (Contracts for the sponsoring group and the artist will be prepared and funds reserved for each program only upon receipt of this form.)

(5) Contract P-8 will be sent to the sponsor. Sign and return it within seven days of the date of receipt.

(6) Pay the artist one-half of the currently published fee on site immediately after completion of the program.

(7) Complete program evaluation form P-9 and return it to the Iowa arts council within seven days. (The Iowa arts council will pay the remaining one-half of the artists fee upon receipt of this report.)

c. Artists application and participation procedures. Follow the procedures stated in 2.3(9) .... c"to "e"(excludingcontract form P-2).

·2.3(11) Touring arts team (TAT). The touring arts team has five to seven professional artists who do one to three day residencies in towns with population of fifteen hundred or less. Residency dates run from mid-June to July. Each stop allows for citizens of all ages to participate in varied arts activities. Classes take place during the day; evenings allow for informal performances by artists and local participants ..

a. Community guidelines. The community guarantees to meet the following guidelines: (1) The community must provide a local co-ordinator and committee to manage local

details of theTA T residency. (2) The community must assure general public awareness of the purposes, nature, and

schedule of theTA T. (3) The community must provide necessary spaces, utilities, and services. (4) The community must protect the personnel and property of theTA T. (5) The community must provide accommodations and meals forT AT members. (6)* All communities must pay a materials and equipment fee in cash directly to the arts

council, such fees to be set annually and differentiated between first-time or repeating sponsors.

b. Community application procedures. To apply for the TAT, communities must do the following:

(1) Request theTA T packet from the Iowa arts council. (2) Complete application P-11 and return it to the Iowa arts council by March 31, preceding

the program dates. (Applications are processed in order of receipt.) (3) Repeating sponsors attach a letter stating compelling reasons for the TAT's return to

their community. (4) A municipal official, a school administrator, and a local citizen-co-ordinator must

sign the application for the community to be considered for the program. c. Sponsor notification. All applicants will be officially notified of the results of their appli

cation within sixty days of the applicatio11 deadline. Participating communities will be sent dated commitment contract P-12 which should be signed by the local co-ordinator and returned to the Iowa arts council.

d. Sponsor reporting. The local co-ordinator must fill out and return report P-13 within ten days of theTA T residency.

e. Artists application procedures. Preference will be given to Iowa artists. Artists who want to participate in the TAT must do the following:

(1) Complete and return TAT application form P-14. (2) Submit a plan for short-intensive classes and workshops for a varied age group. (3) Submit a resume' of biography. Include samples of current work. f. Artists audition. All artists must audition to participate in TAT or be previously

qualified through the AIS program. g. Artists notification. All artists will be officially notified of the results of their appli

cations within sixty days of the application deadline. Participating artists will be sent contract P-15. It should be signed and returned to the Iowa arts council. ·

h. Artist payment. Artists will be paid the currently published fee by the Iowa arts council. •Emergency pursuant to §17A.S(2)"b"(2), The Code.

Ch 2, p.9 Arts Council] 1 00] lAC 3/16/83

2.3(12) Arts for special constituencies. Programs for the physically, mentally, ·and emotionally handicapped, programs for the elderly, and programs for the institutionalized may be individually designed by sponsors to fulfill the needs of special groups. Special constituencies are defined as groups and individuals removed from society's mainstream by virtue of physical or mental handicaps, geographic or socioeconomic conditions, detention, or the process of aging.

a. Program guidelines. The mission of the Iowa arts council's special constituents program is to employ artists to initiate, guide, and document quality programs or projects in special settings. Quality is defined as seriousness of intention, validity of purpose, and potential for creative development of the individual involved. Programs or projects are individually tailored to meet the needs or concerns of the applicant. Usually the applicant will provide half of the program or project costs with cash or in-kind services. Groups and individuals interested in special constituents programs should contact the Iowa arts council for application forms.

b. Procedures for sponsors. The following procedures apply to sponsors involved with programs for special constituents.

(I) The applicant must submit for arts council approval the resume of any artist or artists proposed for residency.

(2) The applicant should fill out and return application P-26. The applicant will be notified in writing within thirty days of receipt of the application by the Iowa arts council of the status of the application.

(3) A successful application will receive contract P-16A or P-16B. The contract should be signed and returned within seven days of the date of receipt.

(4) Sponsors must complete and return programs final report form P-36 within thirty days ofthe completion ofthe final project as granted.

2.3(13) Arts in county care. This program provides assistance in designing and implementing weekly activities in performing, visual, and literary arts for residents in Iowa county care facilities.

a. Program guidelines and description. (1) Each county care facility will determine the type of art discipline to be used. (2) Classes must be taught by an Iowa arts council approved artist and meet two hours each

lAC 3/16/83 Arts Council [1 00] Ch 2, p.10

week for fourteen consecutive weeks. (Exceptions: Conflicts with a national holiday, hazardous road conditions, or serious emergency or illness.)

(3) The facility co-ordinator may suggest an artist with whom he/she is familiar; however all participating artists must be approved by the Iowa arts council. If the sponsor requests it the council staff will identify and approve artists for the site.

(4) The sponsor must provide a staff person to co-ordinate the program with the Iowa arts council and the artist.

(5) The sponsor must provide space and basic equipment necessary for the classes. (6) The sponsor must attempt to provide community interaction by arranging local per

formances or exhibitions of residents' work at the end of the program. (7) Participation by the residents is voluntary. (8) Individual works created by the residents will belong to the residents; however, residents

may contribute to a group effort. b. Funding. The funding year starts July 1. Funds are distributed on a first-come-first-serve

basis. Applications will be accepted at any time but it is suggested that application be made early. The level of funding for each facility is determined by the following guidelines:

(1) The Iowa arts council will entirely fund the first program in any facility. (2) The Iowa arts council will provide one-half the currently published fee for any program

thereafter. The county care facility will be required to pay the other half of the fee. c. County care application procedures. County care facilities applying for the first time

should submit application/agreement P-22. Facilities that have already had one or more programs should fill out and return application/agreement P-23.

d. Payment. Any fee required of a county care facility should be paid to the Iowa arts council by the seventh week of the program.

e. Artists working in county care facilities. Artists must follow the guidelines and procedures stated below:

(1) Artists must be approved by the Iowa arts council. The procedure is as stated in 2.3(9)uc"(1), (2), (3), and (4).

(2) Artists must legally contract with the Iowa arts council. Contract P-24 should be signed and returned to the council within seven days of the date of receipt.

(3) The artist will spend a minimum of two hours weekly working with one or more classes and give special consultation to activity directors, other staff and volunteers.

2.3(14) Rescinded, effective February 25, 1983. 2.3(15) Faces of Iowa. Faces of Iowa is an all-Iowa student photography exhibition. a. Program guidelines and description. The exhibition is open to students in public and

private schools, grades six through twelve. Students need not enter through their schools, but administrators and teachers are encouraged to assist in the project. The purpose of the exhibition is to capture Iowa's faces, places, landscapes, building and terrain, to stimulate and reward quality in student photography, apd to emphasize the power of visual communication.

b. Official rules and guidelines. Students wishing to enter the exhibition must do the following:

(1) Entries must be black and white photographs conforming to the following photographic dimensions: Four inches by five inches, five inches by seven inches, eight inches by ten inches, or eleven inches by fourteen inches. Each photograph must be mounted on eleven- by fourteen-inch black mat board for durability.

(2) The maximum number of entries per student is five. Each entry must be accompnaied by an official entry form P-17. The entry form gives permission for photographs to be published in publications of the Iowa arts council or another publication so designated, and displayed as part of a touring exhibition should they be selected by the judges. The students must also retain negatives of all works submitted.

(3) Students or schools must bear the expense in postage to submit entries. Entries will be returned to students only if accompanied by stamped, self-addressed envelopes.

(4) Entries will be judged on the basis of impact, imagin~ion and unity, composition, balance, and contrast, camera techniques, and darkroom skills.

Ch 2, p.ll Arts Councii[IOO] lAC 3/16/83

(5) Photographs, entry forms, and a photo of the entrant must be postmarked or hand- '-...,~ delivered by an annual deadline during the month of May, such date to be designated and published annually.

2.3(16) Touring exhibitions. The Iowa arts council supports tours of special arts exhibitions to communities throughout Iowa. These include exhibitions of art work by Iowa artists and varied collections organized by museums, colleges, universities and individuals. Descriptions of available exhibitions are published annually in the touring programs brochure. Exhibitions available after publication of the brochure are announced in Iowa Arts News.

a. Cost to the sponsor. Many exhibitions do not have an exhibition fee. The sponsor is generally responsible for shipping costs to the next site. (Estimated shipping costs are published in the touring brochure.)

(1) Some exhibits require a fee which is established by the organizer, paid directly to the organizer, and is published in the touring brochure. V

(2) Occasionally exhibitions are shipped, or installed by the organizer in which additional fees or arrangements may be required. The Iowa arts council co-ordinator or the organizer will inform the sponsor of any unpublished requirements.

b. Application to participate. Organizations interested in sponsoring a touring exhibit should fill out and return application form P-31 printec\ in the back of the touring brochure. Applications are processed in order of receipt. Applications are accepted at any time but must be submitted at least one month in advance of the requested exhibition date. Most shows are scheduled at least one year in advance.

c. Requirements. Sponsors must agree to the following conditions: (1) Exhibit installation. The exhibition must be shown in a dignified and suitable manner

and, unless otherwise specifically agreed, must be installed in the location named in the contract. All exhibit spaces must be easily accessible to the general public (hallways, work spaces or rooms not easily accessible to the general public are not considered proper areas for \...~ Iowa arts council exhibitions).

(2) Admittance to exhibit. No charge for admission may be levied. (3) Insurance. Generally insurance for the exhibition is carried by the Iowa arts council, or

the organizer. All damages, whether in transit or on the borrower's premise, and regardless of responsible party, must be reported to the council immediately. Exhibitors will be held responsible for items lost or damaged through their carelessness. Repair of all minor damages is to be paid by the exhibitor, after receiving approval from the council for the repairs.

(4) Handling. All packing and unpacking instructions sent to the Iowa arts council must be followed explicitly. Exhibitions may be installed only in buildings which have adequate security and where adequate fire protection is involved. Periodic security inspections must be made during the hours the exhibitions is open to the public.

(5) Shipping. The sponsor is required to ship the exhibit within three days after the closing date to ensure schedules. The sponsor is required to ship the exhibit, prepaid, to the next site. \.,.,/

(6) Cancellation. If it becomes necessary for the exhibitor to cancel the exhibit listed, notice of cancellation must be given to the Iowa arts council visual arts co-ordinator at least three months before the scheduled opening date.

d. Contract. The sponsor must enter into a legal contract with the Iowa arts council. Contract P-32 should be signed by the authorizing official and returned to the council within seven days of the date of receipt.

e. Reporting. Sponsors are required to fill out and return the following report forms. (I) Sponsors are required to fill out and return condition report P-33 as soon as the exhibit

is uncrated and its contents inspected.

~

lAC 3/16/83 Arts Council[lOO] Ch 2, p.12

(2) Sponsors are required to fill out and return touring exhibit final financial report form P-36, within thirty days after the end of the exhibit.

2.3(17) Art in state buildings (AiSB). Iowa reserves one-half of one percent of the cost of state construction projects for the acquisition of fine art in state buildings. The art in state buildings advisory committee, appointed by the executive director of the Iowa arts council, advises the council and other state agencies of the overall operation of the AiSB program. The eleven-member committee includes representatives of the department of general services, department of social services, capitol planning commission, board of regents, state legislature, Iowa museum association, Iowa chapter of American institute of architects, and the Iowa arts council. Serving annual rotational memberships are one additional state agency, a professional visual artist, and one private citizen. The committee meets twice a year to review the program.

a. Eligibility. Visual artists, eighteen years of age or older, are eligible for the AiSB program. Initial preference is given to living or deceased Iowa artists (artists' agents or representatives, art dealers, the heirs of artists and art collectors). Those individuals ineligible are the project architect or employees of the architect or employees of the architect's firm or consulting firms, building art selection committee, art in state buildings advisory committee, the Iowa arts council staff, and others excluded by council policies or state law.

b. Announcement of projects. Art purchase projects are announced in Iowa Arts News, in mailing to artists, in the artist/slide registry, and in news releases through the media. Project information is available by contacting the Iowa arts council visual arts co-ordinator.

c. Artist/slide registry. The registry is designed to facilitate application to AiSB projects. However it will be used for additional purpose~ including advising artists of AiSB programs in other states, as a reference for Iowa arts council programs and special projects, and informing public institutions, professional arts organizations, architects, city planners, art directors, publishers, galleries, universities and colleges, and community arts councils seeking information about visual artists. The artist/slide registry will be .available for viewing by making prior arrangements with the Iowa arts council visual arts co-ordinator. Artists wishing to be included in the registry should do the following:

(1) Fill out and return application P-35. (2) Submit five thirty-five MM slides characteristic of recent work. Examples may or may

not be available for purchase. (These slides will be placed in a slide carousel and shown to building art selection committees when considering artists for purchase programs.)

(3) Slides are to be marked with the artist's name and the title of the art work. A small dot must be placed in the lower left-hand corner of the slide.

d. Building art selection committee. The Iowa arts council and the state agency appoint a building art selection committee for each building project to recommend the type of purchase program appropriate for the building and budget, method of selecting the artist or art work, placement of art work in the building, and selection of art work to purchase or selection of the artist for commission. The committee acts only as an advisor with final decisions made by the state agency and the Iowa arts council. Members of the committee will be determined by the council and the principal user.

e. Selection criteria. The following selection criteria is used when selecting the artist and work for state buildings:

(1) Quality of art work. Is the art work original and of high quality? (2) Media. Does the art work meet media requirements, as defined in the project guide

lines? (3) Style and nature of art work. Is the art work appropriate for the site and a public

building? (4) Permanence of art work. Is the structure and surface of the art work sound, and will it

withstand weathering, avoid excessive maintenance or repair costs? (5) Management capabilities. Will the project be completed successfully within the time

frame and budget? (6) Cost. Is the cost reasonable? (7) Artist background. What are the artist's qualifications?

Ch 2, p.13 Arts Council[lOO] lAC 3/16/83

(8) Iowa artist. Preference is given to Iowa artists. \....~ f. Purchase agreements. The state of Iowa will enter into formal purchase agreements with

artists for purchasing existing art work or commission contracts for commissioned art work. 2.3(18) Youth arts alternative program. The youth arts alternative program is adminis-

tered by the arts council and funded by the council and the juvenile justice advisory council of the criminal and juvenile justice planning agency. The project places professional artists in juvenile facilities, shelter-care facilities, detention centers, group homes, residential treatment centers, or alternative community-based treatment centers for periods of one day to one week. The project provides local sponsors a choice of three programming formats that have proved successful with other arts council sponsors: 2.3(9), Artists-in-schools; 2.3(10), Solo artists program; and 2.3(11), Touring arts team.

a. Program requirement. Local sponsors wishing to participate must complete and return application form P-37. Sponsors must agree to the following:

(1) The sponsor must define local objectives and choose a program format compliant with "'--" the artists-in-schools, solo artist program, or touring arts team program of the Iowa arts council.

(2) The sponsor must provide proof of nonprofit, federally tax-exempt status. (3) The artist chosen to carry out the program must be approved by the Iowa arts council

from an approved list of artists the same as stated in 2.3(9)"c". (4) The sponsor must provide at least fifty percent of the program cost in cash or in-kind

matching funds. (5) The sponsors must provide necessary supplies for the program and adequate space for

"arts" instruction. b. A ward of funds. Staff evaluates each application to see if program requirements are met.

Applications are reviewed and approved on a first-come-first-served basis. Upon allotment of funds, no more applications will be accepted.

c. Contracts and reports. The sponsor must enter into a legal contract with the arts council ~ using contract P-38. Upon termination of the project, sponsors must complete and return final report form P-36.

d. Evaluation. The staff evaluates all programs on the basis of adherence to guidelines and data contained in final report form P-36. Eligible applicants may request second programs if all program funds have not been previously allocated.

This rule is intended to implement Iowa Code sections 304A.4 and 304A.6 [Filed 11117/75, Notice 9/22175-published 12/1175, effective 115/76] [Filed 4/30176, Notice 3/22/76-published 5/17/76, effective 6/21/76]

[Filed emergency 2/9/77-published 3/9/77, effective 2/9/77] [Filed 12/28177, Notice 10/19177-published 1/25/78, effective 3/1178]

[Filed emergency 5/19/78-published 6/14/78, effective 5/19/78] [Filed 12/6178, Notice 11/1178-published 12/27178, effective 2/2/79] \...~ [Filed 6/29179, Notice 4/4/79-published 7/25/79, effective 8/29/79] [Filed 5/6/81, Notice 3/4/81-published 5/27/81, effective 7/1181] [Filed 7/16/81, Notice 5/27/81-published 8/5/81, effective 9/9/81] [Filed 8/17/81, Notice 7/8/81-published 9/2/81, effective 10/7/81]

[Filed emergency 4/23/82-published 5/12/82, effective 4/26/82] [Filed emergency 1128/83-published 2/16/83, effective 1/28/83]

[Filed emergency 2/25/83 after Notice of 1/5/83-published 3/16/83, effective 2125/83] [Filed emergency 2/25/83-published 3/16/83, effective 2/25/83]

lAC 9/2/81, 2/16/83 Arts Council[100]

CHAPTER 3 FORMS

Ch 3, p.1

100-3.1(304A) Grants-in-aid forms. The following are forms used in carrying out the grants-in-aid programs.

3.1(1) Grant application form G-1. This form requires basic information such as the applicant's name, address and phone number, and detailed fiscal information on the project. It is used to apply for general grants and community partnership incentive grants.

3.1(2) Revised budget form G-2. This form is required from grantees who receive less money than they request. It requires basic information and revised fiscal information. It is used for the general grants program and the community partnership incentive program.

3.1(3) Grants-in-aid program memorandum of agreement form G-3. This is a formal contract which legally commits the Iowa arts council to release to the grantee, the specified funds and legally binds the grantee to fulfill the requirements of the grants-in-aid program. It is used for all grants-in-aid programs.

3.1(4) Cash request form G-4. On this form the grantee indicates the month when the grant funds are needed. It is used for all grants-in-aid programs.

3.1(5) Financial report form G-5. This final report form is to be filled out by the grantee after the project is completed. It requires detailed fiscal information on the project. It is used for all grants-in-aid programs.

3.1(6) Narrative report form G-6. This final report form is to be filled out by the grantee after the project is completed. It requires the grantee to make a written report, including a description of the project and of problems encountered. It is used for all grants-in-aid pro-grams. .

3.1(7) Performance evaluation form G-7. Performers receiving funds under the touring artist program are required to have each sponsor fill out a performance evaluation form describing the program, how it was financed, and who benefited from it. This form is used only for touring performers.

3.1(8) Touring applicants evaluation form G-8. This form is used by the person designated to audition a touring applicant. It includes an evaluation of technical skill and audience response. It is used only for touring performers.

3.1(9) Operational support grants application form G-9. This form is in two parts and requires basic information about applicants to the operational support grants program. Part A requires basic information under the headings of applicant profile (such as name, address, city, county, and the signature of a person with the legal authority to obligate the applicant organization), an activities profile, an attendance/membership profile, a service area profile, an audience development and marketing profile, an artistic development profile, a staff profile, and a financial planning profile. Section B requires basic information in the areas of income (earned and unearned sources~ and information about expenses. Section B information covers actual figures from the immediate previous fiscal year, anticipated figures from the current fiscal year, and projected figures for the year of the grant. Application form G-9 also requires the following attachments: An Internal Revenue Service tax-determination letter, bylaws of the organization, articles of incorporation, and a copy of the organization's most recent audited financial statement.

3.1(10) Operational support grants revised budget form G-10. This form is required from grantees whose eligibility is contingent upon pending appropriations, contributions, revenues, or grants from other sources. The revised information is basically the same as required on form G-9 (part B-financial).

3.1(11) Operational support grants program final report form G-11. This form verifies the completion of the project year, and contains narrative and financial questions suitable to determine whether or not the grantee expended funds in compliance with the guidelines of the program.

Ch 3, p.2 Arts Council[lOO] lAC 3/16/83

3.1(12) Touring exhibitions evaluation form G-12. Visual artists receiving funds to tour '-'"" exhibitions are required to complete this form which describes how the event was financed, information about the people served, and rates the artistic quality of the exhibition.

3.1(13) Photographic consent or release form G-13. This form lists photographic materials or•subjects which the public consents the Iowa arts council to use or reproduce for noncommercial uses. The consent form remains in effect in perpetuity unless so noted, waives financial compensation unless so noted, allows the public to retain all rights to copyrighted materials assigned to them unless so noted, orients the consent form and agreement to the laws of the state of Iowa, and requires a signature of the legal guardian if the consentor is not of legal age.

100-3.2(304A) Artists-in-schools (AIS) forms. The following are forms used in carrying outAIS.

3.2(1) AIS sponsor application P-1 requires information about the school, the program \._) co-ordinator, the subject and objectives of the residency, and the local money committed to the program.

3.2(2) AIS contract P-2 is a tripartite agreement between the Iowa arts council, the school and the artist. The parties legally commit to fulfill their individual responsibilities as stated in the program guidelines.

lAC 3/16/83 Arts Council [tOO] Ch 3, p.3

3.2(3) AIS evaluation form P-3. At the end of the program the sponsor is required to fill out a narrative report which includes information about program operation and response.

3.2(4) AIS evaluation form P-4 is an evaluation postcard passed out to participants requesting their reactions to the program.

3.2(5) AIS artist application P-5 requires information about the artist, the proposed residency, and references.

3.2(6) AIS evaluation P-6 is the artists evaluation of the program. 3.2(7) AIS final financial report form P-36 requires detailed fiscal accounting of how

project funds were spent.

100-3.3(304A) Solo artist forms. The following are forms used in carrying out the solo artists program.

3.3(1) Solo artists sponsoring group application P-7 requires basic information about the sponsor and the choice of artist.

3.3(2) Solo artist contract P-8 is a tripartite agreement between the Iowa arts council, the local sponsor and the artist in which the parties legally commit to follow the operations guidelines.

3.3(3) Solo artist local sponsor report P-9 requests a brief narrative report on the program operation and an evaluation of the artist.

3.3(4) Solo artist registration form P-10 for artists requires basic information, program information, a resume', references, and samples of work where appropriate.

100-3.4(304A) Touring arts team (TAT). The following are forms used in carrying out TAT residencies.

3.4(1) Touring arts team community application P-11 requires specific information on the community, the site, and the local people involved.

3.4(2) Touring arts team letter of agreement form P-12 commits the community to a specific date for hosting the TAT and to payment of a specified fee to the Iowa arts council by a specified date.

· 3.4(3) Touring arts team sponsor report P-13 is a narrative evaluation of the TAT and the community response.

3.4(4) Touring arts team artist application P-14 requires basic information, dates of availability, artistic discipline, and references.

3.4(5) Touring arts team artist performance agreement P-15 is a legal contract between the artist and the Iowa arts council which spells out the exact responsibilities of each party.

3.4(6) Touring arts team final financial report form P-36 requires detailed fiscal accounting of how project funds were spent.

100-3.5(304A) Arts for special constituents (ASC) forms. The following are forms used in carrying out ASC.

3.5(1) Arts for special constituencies application P-26 requires basic information from the applicant, program choices, and the signature of an authorized official.

3.5(2) Arts for special constituencies contract P-16A and P-16B legally commits the sponsor and the Iowa arts council to fulfill their individual responsibilities as stated in the program guidelines. Contract P-16A is used for two-party contracts between the sponsor and the Iowa arts council. Contract P-16B is used for three-party contracts in which the artist is a party along with the sponsor and the Iowa arts council.

3.5(3) Arts for special constituencies final report form P-36 requires detailed fiscal accounting of how project funds were expended.

3.5(4) Arts for special constituencies evaluation form P-29 requires information about the success or failure of ASC programs.

3.5(5) Arts for special constituencies photo release form P-30 authorizes the Iowa arts council to use program photographs in publicity.

Ch 3, p.4 Arts Council[100] lAC 3/16/83

100-3.6(304A) Arts in county care facilities (ACCF) forms. The following are forms used ~ in carrying out ACCF.

3.6(1) Arts in county care facilities program 1 application/agreement P-22 requires basic information, program choices, and the signature of an authorized official.

3.6(2) Rescinded, effective February 25, 1983. 3.6(3) Arts in county care facilities artist contract P-24 legally commits the artist and the

Iowa arts council to fulfill their individual responsibilities as stated in the program guidelines. 3.6(4) Arts in county care facilities artists final report P-25 requires a narrative evaluation

of the program. 3.7 Rescinded, effective February 25, 1983.

100-3.8(304A) Touring exhibition forms. The following are forms used in carrying out touring exhibitions.

3.8(1) Touring exhibit request form P-31 requires basic information about the exhibition \....~ organization and its facilities.

3.8(2) Touring exhibit contract P-32 legally commits the exhibitor to the exhibition guidelines.

3.8(3) Touring exhibit evaluation report P-33 requests information from the exhibitor about the condition of the exhibition and its reception by the public.

3.8(4) Touring exhibit final financial report form P-36 requires detailed fiscal accounting of how project funds were spent.

100-3.9(304A) Art in state buildings appfication. Art in state buildings application P-35 requests basic information, the name of the exhibit requested, the date requested and information about the exhibition space.

100-3.10(304A) Youth arts alternative forms. The following are forms used in carrying ~ out the youth arts alternative program.

3.10(1) Youth arts alternative application form P-37 requires basic information from the applicant, program choices, assurances of compliance with program guidelines, and a signature from an authorizing official.

3.10(2) Youth arts alternative contract form P-38legally commits the sponsor, the participating artist or artists, and the arts council to fulfill their individual responsibilities as stated in the program guidelines.

3.10(3) Final report form P-36 requires detailed fiscal accounting of how project funds were expended.

100-3.11(304A) Faces of Iowa forms. The following are forms used in carrying out faces of Iowa, an all-Iowa student photography exhibition. '.,.,)

3.11(1) Faces of Iowa official entry form P-17 gives permission for photographs to be published in publications of the arts council or other publications so designated, and permis-sion to display the works in an exhibition should they be selected by the judges.

3.11(2) Reserved. These rules are intended to implement Iowa Code sections 304A.4 and 304A.6.

[Filed 5/6/81, Notice 3/4/81-published 5/27/81, effective7/1181] [Filed 7/16/81, Notice 5/27/81-published 8/5/81, effective9/9/81] [Filed 8/17/81, Notice 7 /8/81-published 9/2/81, effective 10/7/81]

[Filed emergency 1128/83-published 2/16/83, effective 1/28/83] [Filed emergency 2/25/83 after Notice of 1/5/83-published 3/16/83, effective 2/25/83]

[Filed emergency 2/25/83-published 3/16/83, effective 2/25/83] ¢

¢Two ARC's

lAC 2/17/82 Commerce[250] Ch 19, p.6

19.2(5} Annual, periodic and other reports to be filed with the commission. a. System map verification. A utility shall file annually with the commission a verification

that it has a currently correct set of utility system maps for each operating or distribution area. The maps shall show:

(1) Gas production plant. (2) Principal storage holder. (3) Peak shaving facilities location. (4) Feeder and distribution mains indicating size and pressure. (5) System metering (town border stations and other supply points). (6) Regulator stations in system indicating inlet and outlet pressures. (7) Calorimeter location. (8) State boundary crossing. (9) Franchise area. (10) Names of all communities (post offices) served. b. Accident reports. Any person, company, corporation, city or town operating gas supply

lines shall report in 'writing to the commission, all accidents to employees or other persons resulting in fatalities or burns, fractures, dislocations or internal or other injuries, which are directly traceable to the utility's operations of manufacturing or mixing gases or the transmission and distribution of gas and accidents resulting in property loss in excess of ten thousand dollars; such written report shall indicate the following information:

(1) The name, address and age of the person or persons involved in the accident. (2) The time and place where the accident occurred. (3) Description of injuries requiring medical attention including extent, severity and loca

tion on injured person(s). (4) The cause of the accident in detail. (5) The name of the individual, company, corporation, city or town operating the gas

supply line. Prompt notice, by telephone or telegraph, shall be given to the gas engineering section of

the commission during its office hours by the utility of any gas related accident which has resulted in a human fatality.

c. Construction programs. A utility shall notify the Iowa commerce commission of all proposed important additions to plant, including main extensions, the construction of which was started by the utility during the preceding month. For the purposes of this rule, an important addition to plant shall mean a single project involving the expenditure of at least ten thousand dollars for other than main construction, or in the case of main construction, an expenditure of fifty thousand dollars.

d. Reports of gas service. Each utility shall compile a monthly record of gas service. The record shall be completed within thirty days after the end of the month covered. The compilation is to be kept available, for inspection by the commission or its staff, at the utility's principal office within the state of Iowa. Such record shall contain:

(1) The daily and monthly average of total heating values of gas in accordance with 19.7(6)"c".

(2) The monthly acquisition and disposition of gas. (3) Interruptions of service occurring during the month in accordance with 19. 7(7). If there

were no interruptions, then it should be so stated. (4) The number of customer pressure investigations made and the results. (5) The number of customer meters tested and test results tabulated as follows: The number

that falls into limits 0 to +2%, +2 to +407o, 0 to -207o, -2 to -407o, over +407o, under -407o, and "Does Not Register" in accuracy.

(6) Progress on leak survey program including the number of leaks found during the month classified as to nature of leaks and causes.

(7) Number of district regulators checked and nature of repairs required. (8) Number of house regulators checked and nature of repairs required. (9) Description of usual types of operating difficulties.

Ch 19, p.7 Commerce[250] lAC 3/16/83

(10) Type of odorant and monthly average pounds per million cubic feet used in each individual distribution system.

A summary of the twelve monthly gas service records for each calendar year shall be attached to and submitted with the utility's annual fiscal plant and statistical report to the commission.

e. Notice of location of records. The utility shall keep the commission informed currently by written notice as to the location at which the utility keeps the various classes of records required by these rules.

f. Filing published meter and service installation rules. A copy of the utility's current rules, if any, published or furnished by the utility for the use of engineers, architects, plumbing contractors, etc., covering meter and service installation shall be filed with the commission.

g. Filing customer bill forms. A copy of each type of customer bill form in current use shall be filed with the commission.

h. Notice of interruption of service. Prompt notice by telephone or telegram shall be given the gas engineering section of the commission by a utility in the event of interruption of service as defined in 19.1(3)"k". Outages occurring at times the commission offices are closed shall be reported the morning of the next regular work day for the commission.

In addition, a written report shall be filed with the commission, containing all information the utility considers to be significant for evaluation of the interruption. In no instance will the information be less than an identification of the affected area, interruption starting date and time, service restoration date and time, cause, number of affected customers and identification of estimates when actual data is unknown.

i. Record location. The utility shall keep the commission informed by written notice of the location at which the utility keeps the various classes of records required by these rules.

j. Change in rate. A notification to the commission shall be made of any planned change in rate of service by a utility even though the change in rate of service is provided for in its tariff filing with the commission. This information shall reflect the amount of increase or decrease and the effective date of application. An up-to-date tariff sheet shall be supplied to the Iowa state commerce commission for its copy of the tariff showing the current rates.

k. By July 1, 1983, and by April1 of each year thereafter, each rate-regulated utility shall report to the commission in writing all expenses, charged or to be charged to Iowa ratepayers, incurred in the previous calendar year resulting from any assembly of all or part of its board of directors, principal officers, or both outside of any state in which the utility provides service. All expenses required to be reported under this subrule should be itemized according to the following classifications for each assembly:

(1) Transportation costs. (2) Lodging (including meeting rooms). (3) Food. (4) Itemized miscellaneous. The utility also shall provide the following information about each assembly in the filing

with the commission: Location of assembly (including city, state) and hotel(s) or motel(s) accommodations; purpose of the assembly and meeting agenda; travel information (including whether public or private mode and dates of departure, arrival, and return); and its directors or officers in attendance (including spouses and guests if any of their expenses have been or will be charged to ratepayers).

Upon good cause shown, the commission, pursuant to Iowa Code section 68A.7, may keep confidential specific information concerning any assembly required to be filed with the utility's annual report under this subrule. The utility shall specifically identify the information it deems confidential and must specifically explain why the information is confidential. The utility shall be under a continuous duty to inform the commission of any change in circumstances affecting the confidential nature of any information the commission has kept confidential.

I. Monthly, periodic and annual reports. Each utility shall file such other monthly, periodic and annual reports as are requested by the commission. Monthly and periodic reports

lAC 2/17/82, 3/16/83 Commerce[250] Ch 19, p.7a

shall be due in the commission's office within thirty days after the end of the reporting period. All annual reports shall be filed with this commission by April 1 of each year for the preceding calendar year.

This rule is intended to implement Iowa Code section 476.2.

250-19.3(476) General service requirements. 19.3(1) Disposition of gas. In all cases the meter and any service line pressure regulator

shall be owned by the utility. The utility shall place a visible seal, such as wire and lead, on all meters and service line regulators in customer use, such that the seal must be broken to gain entry.

a. All gas sold by a utility shall be on the basis of meter measurement except: (1) Where the consumption of gas may be readily computed without metering; or (2) For temporary service installations. b. All gas delivered to multioccupancy premises at which units of such premises are

separately rented, leased or owned shall be sold by a utility on the basis of individual meter measurement for each such occupancy unit except:

(1) For that gas used in centralized heating, cooling, water-heating or ventilation systems;

(2) Where individual metering is impractical, unreasonable or uneconomical; (3) Where submetering or resale of service was permitted prior to July 12, 1966 by rule,

order or other act of the commission; or (4) Where gas service, initiated prior to January 1, 1979, is delivered to premises and

resold as an undefined part of a fixed rental or lease payment. c. This rule shall not be construed to prohibit any utility from requiring more extensive

individual metering than otherwise required by this rule if pursuant to tariffs filed with and approved by the commission.

d. All gas consumed within the utility itself shall be on the basis of meter measurement except:

(1) Where the consumption of gas may be readily computed without metering; or (2) Where metering is impractical, unreasonable or uneconomical. e. Rescinded, effective7/29/81. 19.3(2) Condition of meter. No meter shall be installed or continued in service which is

known to be mechanically defective, has an incorrect correction factor or has not been tested, and adjusted, if necessary, in accordance with 19.6(3)ub" and 19.6(3)"c". The capacity of the meter and the index mechanism should be consistent with the gas requirements of the customer.

19.3(3) Meter reading sheets or cards. The meter reading sheets, cards or ledger sheets shall show:

a. Customer's name, address, rate schedule, or identification of rate schedule. b. Identifying number or description of the meter(s). c. Meter readings. d. If the reading has been estimated. e. Any applicable multiplier or constant, or reference thereto. 19.3(4) Meter charts. All charts taken from recording meters shall be marked with the

initial and final date and hour of the record, the meter identification, customer's name and location and the chart multiplier.

19.3(5) Meter register. If it is necessary to apply a multiplier to the meter readings, the multiplier must be marked on the face of the meter register or stenciled in weather resistant paint upon the front cover of the meter. Where remote meter reading is used, whether outdoor on-premises or off-premises-automated, the customers shall have a readable meter register at the meter as a means of verifying the accuracy of biiis presented to them.

19.3(6) Prepayment meters. Prepayment meters shall not be geared or set so as to result in the charge of a rate or amount higher than would be paid if a standard type meter were used, except under such special rate schedule as may be filed under 19.2(4).

Ch 19, p.8 Commerce[250] ·rAe I0/13/82

19.3(7) Meter reading and billing interval. Readings of all meters used for determining charges and billings to customers shall be scheduled monthly and for the beginning and termination of service. Authority may be obtained from the commission for intervals other than monthly, by petitioning for exemption. Petition for exemption must be accompanied by justification based upon cost effectiveness, and other data. An effort shall be made to ot !ain readings of the meters on corresponding days of each meter-reading period. The utility rules may permit the customer to supply the meter readings by telephone or on a form supplied by the utility. Unless the utility has a plan to test check meter readings, a utility representative will read the meter at least once each twelve months and when the utility is notified there is a change of customer.

19.3(8) Readings and estimates. When a customer is connected or disconnected or the meter reading date causes a given billing period to deviate by more than ten percent (counting only business days) from the normal meter reading period, such bill shall be prorated on a daily basis.

The utility may leave a meter reading form with the customer when access to meters cannot be gained. If the form is not returned in time for the billing operation, an estimated bill may be rendered. If an actual meter reading cannot be obtained, the utility may render an estimated bill without reading the meter or supplying a meter reading form to the customer. Only in unusual cases or when approval is obtained from the customer shall more than three consecutive estimated bills be rendered.

In the event that the utility leaves a meter reading form with the customer when access to meters cannot be gained and the form is not returned in time for the billing operation, an estimated bill may be rendered.

If an actual meter reading cannot be obtained, the utility may render an estimated bill without reading the meter or supplying a meter reading form to the customer. Only in unusual cases or when approval is obtained from the customer shall more than three consecutive .estimated bills be rendered.

19.3(9) Temporary service. When the utility renders a temporary servJce to a customer it may require that the customer bear all the cost of installing and removing the service in excess of any salvage realized.

19.3(10) Extensions to customers. The following definitions shall apply to the terms used in this rule:

a. Definitions. (1) "Extension" shall mean either a distribution main or service line extension. (2) "Estimated annual revenues", as used in this subrule, shall be calculated based upon

the following factors, including, but not limited to: The size of the facility to be used by the customer, the size and type of equipment to be used by the customer, the average annual amount of service required by the equipment, and the average number of hours per day and days per year the equipment will be in use.

(3) "Estimated base revenues", as used in this subrule, shall be calculated by subtracting the cost of purchased gas from estimated annual revenues.

(4) "Similarly situated customer" is a customer whose annual consumption or service requirements, as defined by estimated annual revenue, are similar to other customers with approximately the same annual consumption or service requirements.

(5) "Customer advances for construction records", as used in this subrule, shall mean a separate record established and maintained by the utility, which record includes by depositor, the amount of advance for construction provided by the customer, the amount of refund, if any, to which the depositor is entitled, the amount of refund, if any, which has been made to the customer, the amount unrefunded, and the construction project or work order the extension was installed on.

(6) "Estimated construction costs", as used in this subrule, shall be calculated using average costs in accordance with good engineering practices and upon the following factors: Amount of service required or desired by the customer requesting the extension, size, location and characteristics of the extension, including all appurtenances. The average cost per foot

lAC 3/16/83 Commerce[250] Ch 19, p.25

(2) A statement of the reason for the over collection. (3) Supporting documentation from supplier and rate-regulated utility billing records,

showing over collections. (4) The intended period of refund distribution. (5) The estimated interest accrued through the proposed refund period. (6) The total amount to be refunded, and the amount of refund per ccf or therm to be

distributed to nondirectly assigned customers and to each directly assigned customer class. For over collections associated with the rate-regulated utility's inability to track the proper

cost of gas, the refund to each customer shall be determined by the amount that customer was overcharged.

d. The interest rate on refunds distributed under this subrule, compounded annually, shall be the quarterly interest rate at commercial banks for twelve-month loans for personal expenditures (as set forth in the Federal Reserve Statistical Release E.12 (122)). This federal reserve quarterly rate shall be deemed to be effective for these purposes as of the first day of the month following the availability of the published data to the rate-regulatec;l utility. For time periods less than a year, a weighted average of the published quarterly rates is applicable. Interest shall accrue from the date the rate-regulated utility receives the refund or billing from the supplier to the date the refund is distributed to customers.

Administrative costs of refund processing shall not be deducted from refund amounts. e. Any other refunds from the rate-regulated utility to its customers attributable to

purchased gas adjustments (excluding incremental pricing refunds) shall be filed and calculated according to the provisions in 19.10(3)"'b,.

f. The rate-regulated utility shall make a reasonable effort to forward refunds, by check, to eligible recipients who are no longer customers.

g. The minimum amount to be refunded by check shall be one dollar. 19.10(4) Purchased gas adjustments annual reports. Each rate-regulated utility shall file

with the commission on November 1 of each year a summary report specifying the different types of refunds made, by directly assigned and nondirectly assigned customer classes, during the twelve-month period which began September 1 of the previous year.

This rule is intended to implement Iowa Code sections 476.1, 476.2, 476.6, and 476.8.

[Filed 7/12/66; amended 6/27/75] [Filed 12/30/75, Notice 10/6/75--published 1/26/76, effective 3/1/76]

[Filed 9/30/77-published 10/19/77, effective 11/23/77] [Filed 10/4/78, Notice 8/23/78-published 11/1/78, effective 12/6/78]

[Filed emergency 12/22178-published 1/10/79, effective 12/22178] [Filed 4/10/79, Notice 11/1/78-published 5/2/79, effective 6/6/79] [Filed 6/8/79, Notice 4/ 4/79---published 6/27/79, effective 8/1 /79]

[Filed 9/24/80, Notice7/23/80-published 10/15/80, effective 11/19/80] [Filed 9/26/80, Notice 8/6/80--published 10/15/80, effective 11/19/80] [Filed 6/5/81, Notice 4/1 5/81-published 6/24/81, effective 7/29/81] [Filed6/19/81, Notice 10/1/80-published 7/8/81, effective8/12/81]

[Filed 10/20/81, Notice 11/26/80-published 11/11/81, effective 12/l6/8i] [Filed emergency 11/17/81after Notice of 9/30/81-published 12/9/81, effective 11/17/81]

[Filed emergency 12/14/81-published 1/6/82, effective 12/14/81] [Filed 1/28/82, Notice 5/27 /81-published 2/17/82, effective 3/24/82] [Filed 1/28/82, Notice 10/1/80-published 2/17/82, effective 3/31/82]

[Filed 9/24/82, Notice 4/28/82-published 10/13/82, effective 11/17/82] [Filed 10/21/82, Notice 8/18/82-published 11/10/82, effective 12/15/82] [Filed 2/25/83, Notice 12/22/82-published 3/16/83, effective 4/20/83]

Ch 20, p.l Commerce[250] lAC 2/18/81

CHAPTER 20 SERVICE SUPPLIED BY ELECTRIC UTILITIES

250-20.1(476) General information. 20.1(1) Authorization of rules. Chapter 476 of the Code provides that the Iowa state

commerce commission shall establish all needful, just and reasonable rules, not inconsistent with law, to govern the exercise of its powers and duties, the practice and procedure before it, and to govern the form, content and filing of reports, documents and other papers necessary to carry out the provisions of this law.

Chapter 478 provides that the Iowa state commerce commission shall have power to make and enforce rules relating to the location, construction, operation and maintenance of certain electrical transmission lines.

20.1(2) Application of rules. The rules shall apply to any electric utility operating within the state of Iowa subject to chapter 476, and to the construction, operation and maintenance of electric transmission lines to the extent provided in chapter 478, and shall supersede all conflicting rules of any such electric utility which were in force and effect prior to the adoption of their superseding rules.

These rules are intended to promote safe and adequate service to the ·public, to provide standards for uniform and reasonable practices by utilities, and to establish a basis for determining the reasonableness of such demands as may be made by the public upon the utilities.

If unreasonable hardship to a utility or to a customer results from the application of any rule herein prescribed, application may be made to the commission for the modification of the rule or for temporary or permanent exemption from its requirements.

The adoption of these rules shall in no way preclude the commission from ·altering or amending them, pursuant to statute, or from making such modifications with respect to their application as may be found necessary to meet exceptional conditions.

These rules shall in no way relieve any utility from any of its duties under the laws of thiS state.

20.1(3) Definitions. The following words and terms when used in these rules, shall have the meaning indicated below:

a. "Commission" means the Iowa state commerce commission, sometimes hereafter referred to as "ISCC".

b. "Complaint" as used in these rules is a statement or question by anyone, whether a utility customer or not, alleging a wrong, grievance, injury, dissatisfaction, illegal action or procedure, dangerous condition or action, or utility obligation.

c. "Customer., means any person, firm, association, or corporation, any agency of the federal, state or local government, or legal entity responsible by law for payment for the electric service or heat from the electric utility.

d. "Delinquent or delinquency" means an account for which a service bill or service payment agreement has not been paid in full on or before the last day for timely payment.

e. "Distribution line" means any single or multiphase electric power line operating at nominal voltage in either of the following ranges: 2,000 to 26,000 volts between ungrounded conductors or I, 155 to 15,000 volts between grounded and ungrounded conductors, regardless of the functional service provided by the line.

f. "Economy energy" is energy bought or sold in a transaction wherein the supplier's incremental cost is less than the buyer's decremental cost, and the differential in cost is shared in an equitable manner by the supplier and buyer.

g. "Electric plant" includes all real estate, fixtures and property owned, controlled, operated or managed in connection with or to facilitate production, generation, transmission, or distribution, in providing electric service or heat by an electric utility.

h. "Electric service" is furnishing to the public for compensation any electricity, heat, light, power, or energy.

lAC 10/13/82 Commerce [250] Ch 20, p.S

t. Rules covering the type of equipment which may or may not be connected, including rules such as those requiring demand-limiting devices or power-factor corrective equipment.

u. General statement of the method used in making adjustments for wastage of electricity when accidental grounds exist without the knowledge of the customer.

v. Statements of utility rules on meter reading, bill issuance, customer payment, notice of delinquency, and service discontinuance for nonpayment of bill.

w. Rules for extending service in accordance with 20.3(13)"a". x. The name, title, address and telephone number of the person authorized to receive,

act upon and respond to communications from the commission in connection with: (1) General management duties. (2) Customer relations (complaints). (3) Engineering operations. (4) Meter tests and repairs. (5) Emergencies during nonoffice hours. (6) Franchises for electric lines. (7) Certificates for electric generating plants. y. If a sliding scale or automatic adjustment is applicable to regulated rates and charges of

billed customers, the manner and method of such adjustment calculation shall be covered through a detailed explanation.

z. Rules on how a customer or prospective customer should file a complaint with the utility, and how the complaint will be processed.

aa. Rules on how a customer may negotiate for installment payments on amount due, determination of installment payment amount, and time allowed for payments.

20.2(5) Annual, periodic and other reports to be filed with the commission. a. System map verification. The utility shall file annually a verification that it has a

currently correct set of utility system maps in accordance with general requirement 20.3(10) and a statement as to the location of the utility's offices where such maps are accessible and available for examination by the commission or its agents. The verification and map location information shall also be reported to the commission upon other occasions when significant changes occur in either the maps or location of the maps.

b. Accident reports. Any person, company, corporation, city or town operating electric supply lines shall report in writing to the commission, all accidents to employees or other persons resulting in fatalities or second or third degree bums involving several areas or an extensive area of the body surface caused by contact with energized parts of an electric supply line, and fatal accidents or fractures, dislocations or internal injuries resulting from a fall or from other causes and accidents resulting in property loss in excess of ten thousand dollars; such written report shall indicate the following information:

(1) The name, address and age of the person or persons involved in the accident. (2) The time and place where the accident occurred. (3) Description of injuries including extent, severity and location on injured person(s). (4) The cause of the accident in detail. (5) The name of the individual, company, corporation, city or town operating the electric

supply line. Prompt notice, by telephone or telegraph shall be given to the electrical engineering section

of the commission during its office hours by the utility of any electrical utility accident which has resulted in a human fatality.

c. A written report shall be filed with the commission of any unscheduled outage of one hour or longer duration affecting two percent or more of the utility's customers or one thousand customers, whichever is less in number. The report shall contain all information the utility considers to be significant for evaluation of the interruption. In no instance will the infor-

Ch20, p.5a Commerce[250] lAC 3/16/83

mation be less than an identification of the affected area, outage starting date and time, ser- "--'1 vice restoration date and time, cause, number of affected customers and identification of esti-mates when actual data is unknown.

In addition to the written report, prompt notice shall be given of a one hour or longer duration unscheduled interruption of electrical service affecting the least in numbers of ten percent of the utility's customers or five. thousand customers. The notice shall be by telephone or telegraph to the engineering section of the commission. Outages occurring at times the commission offices are closed shall be reported the morning of the next regular work day for the commission.

d. Each utility shall compile a monthly record of electric service showing the production, acquisition and disposition of electric energy, the number of customer terminal voltage investigations made, the number of customer meters tested and such other information as may be required by the commission. The monthly "Electric Service" record shall be ~

1 compiled not later than thirty days after the end of the month covered and such record ......,.. shall, upon and after compilation, be kept available for inspection by the commission or its staff at the utility's principal office within the state of Iowa. A summary of the twelve monthly "Electric Service" records for each calendar year shall be attached to and submitted with the utility's annual report to the commission.

e. The utility shall keep the commission informed currently by written notice as to the location at which the utility keeps the various classes of records required by these rules.

j A copy of the utility's current rules, if any, published or furnished by the utility for the use of engineers, architects, electrical contractors, etc., covering meter and service installations shall be filed with the commission.

g. A copy of each type of customer bill form in current use shall be filed with the commission.

h. A copy of the adjustment calculation shall be provided the Commission prior to each ~ 1

billing cycle on the forms adopted by the Commission. ~ i. Each utility shall file with the commission true copies of the test reports of the tests re-

quired by 20.6(7)"/"(1) and 20.6(7)"/"(2) within forty-five days of the as-left test date on the test reports.

j. By July 1, 1983, and by April I of each year thereafter, each rate-regulated utility shall report to the commission in writing all expenses, charged or to be charged to Iowa ratepayers, incurred in the previous calendar year resulting from any assembly of all or part of its board of directors, principal officers, or both outside of any state in which the utility provides service. All expenses required to be reported under this subrule should be itemized according to the following classifications for each assembly:

(1) Transportation costs. (2) Lodging (including meeting rooms). (3) Food. ~ (4) Itemized miscellaneous. The utility also shall provide the following information about each assembly in the filing


Upon good cause shown, the commission, pursuant to Iowa Code section 68A. 7, may keep confidential specific information concerning any assembly required to be filed with the utility's annual report under this subrule. The utility shall specifically identify the information it deems confidential and must specifically explain why the information is confidential. The utility shall be under a continuous duty to inform the commission of any change in circum-stances affecting the confidential nature of any information the commission has kept confi- '..I dential.


lAC 2/18/81, 3/16/83 Commerce[250]

250-20.3(476) General service requirements. 20.3(1) Disposition of electricity.

Ch20, p.6

In all cases the meter and associated instrument transformers shall be owned by the utility. The wiring between the instrument transformers and the meter shall be owned or controlled by the utility. The utility shall place a visible seal, such as wire and lead, on all meters in customer use, such that the seal must be broken to gain entry.

a. All electricity sold by a utility shall be on the basis of meter measurement except: (1) Where the consumption of electricity may be readily computed without metering; or (2) For temporary service installations. b. All electricity delivered to multioccupancy premises at which units of such premises

are separately rented, leased or owned shall be sold by a utility on the basis of individual meter measurement for each such occupancy unit except:

(1) For that electricity used in centralized heating, cooling, water-heating or ventilation systems;

(2) Where individual metering is impractical, unreasonable or uneconomical; (3) Where submetering or resale of service was permitted prior to July 12, 1966 by rule,

order or other act of the commission; or (4) Where electric service, initiated prior to January 1, 1979, is delivered to premises and

resold as an undefined part of a fixed rental or lease payment. c. This rule shall not be construed to prohibit any utility from requiring more extensive

individual metering than otherwise required by this rule if pursuant to tariffs filed with and approved by the commission.

d. All electricity consumed within the utility itself shall be on the basis of meter measure-ment except:

(1) Where the consumption of electricity may be readily computed without metering; or (2) Where metering is impractical, unreasonable or uneconomical. 20.3(2) Condition of meter. No meter shall be installed or continued in service which is

known to be mechanically or electrically defective, or to have incorrect constants or which has not been tested, and adjusted if necessary, in accordance with rules herein. The capacity of the meter and the index mechanism should be consistent with the electric requirements of the customer. .

20.3(3) Meter reading records. The meter reading records shall show: a. Customer's name, address, and rate schedule or identification of rate schedule. b. Identification of the meter or meters either by permanently marked utility number or

by manufacturer's name, type number and serial number.

:.·;

lAC 12/22/82 Commerce[250] Ch 20, p.25

(2) A provision for direct notice to be given customers whose load reduction will have a significant impact on the utility's peak. The utility shall provide for such notice to be given prior to the time when peak demand is likely to occur, as prescribed in subrule 20.11(2)"b", and shall explain the criteria used to identify customers to whom notice will be given and when and how notice will be given.

(3) A statement showing the total costs, with each component thereof itemized, projected to be associated with implementing the plan. Notice should be provided in the most efficient manner available. The commission may reject a plan which includes excessive costs or which specifies an ineffective method of customer notification and may direct development of a new plan.

(4) The text of the general and direct message to be given in the general notice to customers. The message shall, at a minimum, include the name of the utility or utilities providing the notice, an explanation that conditions exist which indicate a peak in demand is approaching, and a statement that reduction in usage of electricity during the period of peak demand will ease the burden placed on the utility's system by growth in peak demand and may help delay or reduce the amount of future rate increases.

(5) A designation of the U.S. weather station(s), situated within the utility's service territory, whose temperature readings and predictions will be used by the utility in applying the standard in subrule 20.11(2)"b".

(6) A provision for joint delivery, by two or more utilities, of the general notice to customers in regions of the state where U.S. weather station(s) predict conditions specified in subrule 20.11(2)"b" will exist on the same day.

b. For purposes of this rule, peak demand is likely to occur on a nonholiday weekday between June 15 and September 15 when the following conditions exist:

(1) The utility's designated weather station predicts the temperature will rise above 95 o

Fahrenheit (35 o Celsius), and the designated weather station officially recorded a temperature above 95 o Fahrenheit (35 o Celsius) on the previous day, or

(2) The utility's designated weather station predicts the temperature will rise to above 90 o

Fahrenheit (33 ° Celsius) on a day following at least two consecutive days of temperatures above 95 o Fahrenheit (35 ° Celsius), as officially recorded by the designated weather station, but

(3) If a utility can demonstrate it would have been required to provide between June 15 and September 15 a peak alert notice to customers, because of the existence of the conditions set forth in subrule 20.11(2)"b"(l) or 20.11(2)"b"(2), on more than six days in any one of the preceding ten years, the utility may substitute a 97° Fahrenheit (36° Celsius) standard in lieu of the 95 o Fahrenheit (35 o Celsius) standard in the subrule.

20.11(3) Implementation of notification plan. Upon approval of a peak notification plan by the commission, the utility shall immediately prepare for implementation of the plan. The utility shall implement the approved plan on each day of the year when peak demand is likely to occur, as prescribed by subrules 20.11(2)"b".

20.11(4) Permissive notices. The standard for implementing peak alert notification in sub rule 20.11 (2) is a minimum standard and does not prohibit a utility or association of utilities from issuing a notice requesting customers to reduce usage at any other time.

20.11(5) Annual report. Each electric utility required by subrule 20.11(2) to file a plan for customer notification shall file, on or before April 1 of each year, a report stating the number of notices given its customers, the dates when notices were issued, the annual cost of providing both general and direct notice to customers and measures of kilowatt hour demand at the time when notice was given and at hourly intervals thereafter until kilowatt hour demand decreases to the level at which it was measured when the notice was issued. The annual report shall also include a statement of any problems experienced by the utility in providing customer notification of a peak demand and a proposal to modify the plan, if necessary, to make customer notification more effective. Modifications must be approved by the commission before they are implemented.


Ch 20, p.26 Commerce[250] lAC 3/16/83

These rules are intended to implement Iowa Code sections 17A.3, 474.5, 476.1, 476.2 and ~ 476.8.

[Filed 7 /12/66; amended 6/27 /75] [Filed 12/30/75, Notice 10/6/75--published 1/26/76, effective 3/1176] [Filed 117/77, Notice 11/3/76-published 1/26/77, effective 3/2/77]

[Filed 9/30/77, Notice 6/29/77-published 10/19/77, effective 11/23/77] [Filed 10/4/78, Notice 8/23/78-published 11/1178, effective 12/6/78] [Filed 11/9/78, Notice 11/2/77-published ll/29/78, effective 113/79] · [Filed emergency 12/22/78-published 1/10/79, effective 12/22/78] [Filed emergency 12/27/78-published 1/10/79, effective 12/27/78]

[Filed 4/10/79, Notice 5/3/78, 8/23/78-published 5/2/79, effective 6/6/79) [Filed 4/10/79, Notice 11/1178-published 5/2/79, effective 6/6/79] [Filed 6/8/79, Notice 4/ 4/79-published 6/27/79, effective 8/1 /79) \ i

[Filed 6/29/79, Notice 11/1178-publ_ished 7/25/79, effective 8/29/79] ...,.. [Filed 9/26/80, Notice 8/6/80-published 10/15/80, effective 11/19/80]

[Filed 1/30/81, Notice 5/i4/80-published 2/18/81, effective7/1/81] [Filed 4/10/81, Notice 6/25/80-imblished 4/29/81, effective 6/3/81] [Filed 5/18/81, Notice 9/17/80-published 6/10/81, effective 7/15/811

[Filed 6/19/81, Notice 10/1/80-published 7/8/81, effective 8/12/811 [Filed 9/10/81, Notice 2/6/80-published 9/30/81, effective 1114/81]

[Filed 10/20/81, Notice 11/26/80-published 11/11/81, effective 12/16/81] [Filed emergency 11/17/81 after Notice of9/30/81-published 12/9/81, effective 1_1/17/81]

[Filed emergency 12/14/81-published 116/82, effective 12/14/81] [Filed emergency 6/28/82-published 7/21/82, effective 6/28/82]

[Filed 9/24/82, Notice 4/28/82-published 10/13/82, effective 11/17/82] [Filed 10/21182, Notice 8/18/82-published 11110/82, effective 12/15/82] ~

[Filed 12/3/82, Notice 9/1/82-published 12/22/82, effective 1/26/83] [Filed 1128/83, Notice 12/8/82-published 2/16/83, effective 3/23/83]

[Filed 2/25/83, Notice 12/22/82-published 3/16/83, effective 4/20/83]

CHAPTER 21 SERVICE SUPPLIED BY WATER UTILITIES

250-21.1(476) Generallnformation. 21.1(1) Authorization of rules. Chapter 476, The Code, provides that the Iowa state com

merce commission shall establish all needful, just and reasonable rules, not inconsistent With law, to govern the exercise of its powers and· duties, the practice and procedure before it, and to govern the form, contents and filing of reports, documents and other papers necessary to carry out the provisions of this law.

21.1(2) Application of rules. The rules shall apply to any water utility operating within '--' the state of Iowa under the jurisdiction of the Iowa state commerce commission and are made pursuant to chapter 476.

These rules are intended to promote sate and adequate service to the public, to provide standards for uniform and reasonable practices by utilities, and to establish a basis for determining the reasonableness of such demands as may be made by the public upon the utilities.

If unreasonable hardship to a utility or to a customer results from the application of any rule herein prescribed, application may be made to the commission for the modification of the rule or for temporary or permanent exemption from its requirements.

The adoption of these rules shall in no way preclude the commission from altering or amending them, or from making such modifications with respect to their application as may be found necessary to meet exceptional conditions. ~

These rules shall in no way relieve any utility from any of its duties under the laws of this state.

lAC 7/1175, 7/21182 Commerce[250] Ch 21, p.2

21.1(3) Definitions. a. "Acquisition" as used herein refers only to the acquisition of a unit of plant in place

and ready for operation and does not include the purchase of materials or equipment for later installation.

b. "Commission" as used in these rules shall be construed to mean the Iowa state commerce commission, and sometimes hereinafter referred to as I.S.C.C.

c. "Customer" as used in these rules shall be construed to mean any person, copartnership, firm, association, corporation, their lessees, trustees, or receivers appointed by any court, or agency of the federal, state or local government, being supplied with water service by a water utility.

d. "Gross property additions" means the sum total of construction cost and appropriate overhead costs as defined in Instruction 3, Components of Construction Cost, and Instruction 4, Overhead Construction Costs of the Utility Plant Instructions of the Uniform System of Accounts for Water Utilities as adopted by this commission.

e. "Distribution main" means water pipe owned, operated, or maintained by a utility ~hich is used for the purpose of distribution of water from which service connections with customers are taken.

f. "Main" or "mains" shall mean any pipe, conduit or other conveyance through which water for public use may be transmitted or distributed. It shall include trenches or other structures in or upon which such pipe, conduit or other conveyance is carried, and also land, easements or other rights of occupancy or use requisite for the construction and operation of such pipe, conduit or other conveyance.

g. "Meter", without other qualifications, shall mean any device or instrument used for the purpose of measuring a quantity of water by a water utility.

h. "Municipality" refers to any village or city. i. "Service connection" shall be construed to mean the line from the main to the

customer's property line, and shall include all of the pipe fittings and valves necessary to make the connection.

j. "Service pipe" or "service line" shall mean the pipe that runs between the distribution main and the customer's place of consumption.

(1) "Company service pipe" shall mean that portion of the service pipe installed at the cost and expense of the utility.

(2) "Customer's service pipe" shall be that portion of the service pipe installed at the cost and expense of the customer.

k. "Transmission main" is used for conveying water to the distribution system, reservoirs, tanks or stand pipes, and has generally no service connections with customers.

L "Utility" as used in these rules shall be construed to mean any person, partnership, business association or corporation, domestic or foreign, owning or operating any facilities for furnishing water to the public for compensation, when subject to the jurisdiction of this commission, their lessees, trustees or receivers, appointed by any court whatsoever, that may now or hereafter be engaged as a public utility in the business of furnishing water to domestic, commercial, industrial or municipal customers in the state of Iowa.

m. "Premises" as used herein shall be restricted to the following: (1) A building under one roof owned or leased by one customer and occupied as one

residence or one place of business. (2) A combination of buildings owned or leased by one customer, in one common

enclosure occupied by one family as a residence or one corporation or firm as a place of business.

(3) Each unit of a multiple house or building separated by a solid vertical partition wall occupied by one family as a residence or one fli'IIl as a place of business.

(4) A building owned or leased by one customer and having a number of apartments, offices or lofts which are rented to tenants using in common one hall and one or more means of entrance.

(5) A building two or more stories high under one roof owned or leased by one customer

Ch21, p.3 Commerce[250] lAC 7/21/82, 3/16/83

and having an individual entrance for the ground floor occupants and one for the occupants \..,/ of the upper floors.

(6) A combination of buildings, such as a garden-type apartment, owned by one customer, in one common enclosure, none of the individual buildings of which is adapted to separate ownership.

(7) A public building. (8) A single plot, used as a park or recreational area. n. "Property" shall mean all facilities owned and operated by a water utility.

250-21.2(476) Records and reports. 21.2(1) Location and retention of records. Unless otherwise specified in this chapter, all

records required by these rules shall be kept and preserved in accordance with the applicable provisions of Chapter 18 of the commission's rules, Utility Records.

21.2(2) Machine billing records. Where machine billing is used and meter readings recorded on tabulating cards, the register sheets may be considered the "meter reading sheets" and the "billing records." "Meter reading sheets", and "billing records" or the "register sheets" shall be kept six years or until they are no longer needed to adjust bills. This means that the records must be kept six years or from the date of one meter test to the next, whichever is longer.

21.2(3) Tariffs to be filed with the commission. The utility shall file its tariff with the commission, and shall maintain such tariff filing in a current status. The schedules of rates and rules of all rate regulated utilities shall be filed with the commission and shall be classified, designated, arranged and submitted so as to conform to the requirements of current tariff or rate schedule circulars and special instructions which have been or may from time to time be issued by the commission. Provisions of the schedules shall be definite and so stated as to minimize ambiguity or the possibility of misinterpretation. The form, identification and content of tariffs shall be in accordance with these rules.

21.2(4) Form and identification. All tariffs shall conform to the following rules: a. The tariff shall be printed, typewritten or otherwise reproduced on 8% x 11

inch sheets of white paper equal in durability to twenty-pound bond paper with- twentyfive percent cotton or rag content so as to result in a clear and permanent' record. The sheets of the tariff should be ruled or spaced to set off a border on the left side suitable for binding. In the case of utilities subject to regulation by any federal agency, the format of sheets of tariff as filed with the commission may be the same format as is required by the federal agency provided that the rules of the commission as to title page, identity of superseding, replacing or revision of sheets, identity of amending sheets, identity of the filing utility, issuing official, date of issued, effective date, and the words "Filed with the Iscc" shall apply in the modification of the federal agency format for the purposes of filing with this commission.

b. The title page of every tariff and supplement shall show in the order named: (1) The first page shall be the title page which shall show:

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• WATER TARIFF

(Name of Public Utility) Filed with Iowa State Commerce Commission ............................... (Date). (2) When a tariff is to be superseded or replaced in its entirety, the replacing tariff shall

show on its title page that it is a revision of a tariff on file. (3) When a revision or amendment is made to a filed tariff, the revision or amendment

shall show on each sheet the designation of the original tariff or number of the immediate proceeding, revision or amendment which it replaces. (See exhibit A)

(4) When a new part of a tariff eliminates an existing part of a tariff, it shall so state and identify the part eliminated. (See exhibit A)

(5) Any tariff modifications as defined in (2), (3) or (4) above replacing tariff sheets shall be marked in the right margin with symbols as herein described to indicate the place, nature and extent of the change in text.

lAC 10/13/82, 3/16/83 Commerce[250] Ch 21, p.4

Symbol Meaning (C) A change in regulation. (D) A discontinued rate, treatment or regulation. (I) An increased rate or new treatment resulting in increased rate. (N) A new rate, treatment or regulation. (R) A reduced rate or new treatment resulting in a reduced rate. (T) A change in text but no change in rate, treatment or regulation.

c. All sheets except the title page shall have, in addition to the above-stated requirements, the following further information:

(1) Name of utility tariff under which shall be set forth the words "Filed with the ISCC". (See exhibit A) If the utility is not a corporation, and a trade name is used, the name of the individual or partners must precede the trade name

(2) Issuing official and issue date. (3) Effective date. 21.2(5) Content of tariffs. A tariff filed with the commission shall contain: a. Table of contents. A table of contents containing a list of rate schedules and other

sections in which they appear showing the sheet number of the first page of each section. b. Rates. All rates of utilities subject to rate regulation for service with indication for

each rate of the type of water service and the class of customers to which each rate applies. There shall also be shown the prices per unit of service, and the number of units per billing period to which the prices apply, the period of billing, the minimum bill method of measuring demands and consumptions, including method of calculating or estimating loads or minimums, and any special terms and conditions applicable. The discount for prompt payment or penalty for late payment, if any, and the period during which the net amount may be paid shall be specified.

c. Utility's rules. A copy of the utility's rules, or terms and conditions, describing the utility's policies and practices in rendering service, shall include:

(1) The list of the items which the utility furnishes, owns, and maintains on the customer's premises, such as water services, meters and shutoff valves.

(2) General statement of the utility's policy in making adjustments for wastage of water when such wastage occurs without the knowledge of the customer.

(3) A statement indicating the minimum number of days allowed for payment of a customer's bill before service will be discontinued for nonpayment.

(4) A copy of each standard and special type of contract for service. (5) A copy of each type of customer bill form. (6) The name, title, address, and telephone number of the person who is authorized to

receive, act upon and respond to matters in connection with general management duties, customer relations (complaints), engineering operations, meter tests and repairs and emergencies during nonoffice hours.

(7) The location at which the utility keeps the various classes of records required by these rules.

(8) List of towns, cities and unincorporated communities where urban rates are applicable, and towns in which service is furnished.

(9) Definitions of classes of customers. (10) Rules for extending service in accordance with 21.3(12). (11) Rules with which prospective customers must comply as a condition of receiving

service, and the terms of contracts required. (12) Rules governing the establishment of credit by customers for payment of service

bills. (13) Rules governing disconnecting and reconnecting service. (14) Notice required from customer for having service discontinued.

Ch 21, p.5 Commerce[250] lAC 7/1/75

(15) Rules governing temporary, emergency, auxiliary, and standby service. V (16) Rules shall show any limitations on loads and covering the type of equipment which

may or may not be connected. (17) A notification to the commission shall be made of any planned change in rate of

service by a utility even though the change in rate of service is provided for in its tariff filing with the commission. This information shall reflect the amount of increase or decrease and the effective date of application.

d. Changes in tarifft. Changes in tariffs or rate schedules, rules which are included in a tariff, may be made by filing an entire new tariff or by filing additional original sheets or revised sheets, which shall be numbered and identified as provided in 21.2(4). The proposed change shall be indicated on the additional original sheet or on the revised sheet by an asterisk immediately preceding the item or by some other method of symbols with an explanation in the schedule of the symbols used. Where a new ruling eliminates a rate l

1 schedule or rule it shall so state. ~ 21.2(6) System maps verification. A utility shall file annually with the commission a

verification that it has a currently correct set of utility system maps or other records for each operating or distribution area. The maps or other records shall show:

a. Location of all principal pumping stations, filter plants, sources of supply, storage facilities and size, character and location of all mains, including valves, pressure gauges and fire hydrants.

b. Location, size, and kind of each service pipe, where practicable. In lieu of showing service locations on maps, a card record or other suitable means may be used.

c. Layout of all principal pumping stations, filter plants to show size, location and character of all major equipment, pipe Jines (composition), connections, valves and other equipment used.

d. The date of construction of all principal items of plant and extensions of main. \ 1 e. State boundary crossings. .._., f. Franchise area. g. Names of all communities (post offices) served. 21.2(7) Accident reports. Prompt notice, by telephone or telegraph, shall be given to the

engineering section of the commission during office hours by the utility of any accident which has resulted in a fatality. Any utility under the jurisdiction of this commission shall report in writing to the commission, all accidents to employees or other persons resulting in fatalities or fractures, dislocations, or internal or other injuries, which either incapacitates the person injured for two days thereafter, or may prevent him from returning to work for two days thereafter, which are directly traceable to the transmission and distribution of water and accidents resulting in property loss in excess of ten thousand dollars; such written report shall indicate the following information:

a. The name, address and age of the person or persons involved in the accident. \..I b. The time and place where the accident occurred. c. Description of injuries including extent, severity and location on injured person(s). d. The cause of the accident in detail. e. The name of the individual company, corporation, operating the water system. 21.2(8) Construction programs. A utility shall file a report of major construction

programs as follows: a. A notification of all proposed important additions to plant, the construction of which

was started by the utility during the preceding month. For the purpose of this rule, an important addition to plant shall mean a single project involving the expenditure of at least one hundred thousand dollars or an amount equivalent to at least ten per cent of the total water plant in service, whichever is less.

b. A notification of all important additions to plant previously reported under "a" above, the construction of which was completed to the extent that the facility was placed in V operation during the preceding month.

21.2(9) Records of water service. Each utility shall compile a monthly record of the

lAC 3/16/83 Commerce[250] Ch 21, p.Sa

following operations within thirty days after the end of the month covered and such record shall upon and after compilation be kept available for inspection by the commission or its staff at the utility's principal office within the state of Iowa and a summary of the twelve monthly water service records for each calendar year shall be attached to and submitted with the utility's annual fiscal plant and statistical report to the commission. Such records shall contain:

a. The monthly intake of run water and the disposition of water. b. Unscheduled or unplanned interruptions of service, [21.2(13) and 21. 7(3)], occurring

during the month. If there were no such interruptions, then it should be so stated. c. The number of customer meters tested and test results tabulated. d. Description of unusual types of operating difficulties. e. Customer complaints as set out in 21.4(10). 21.2(10) Informing the commission. The utility shall keep the comm1ss1on informed

currently by written notice as to the location at which the utility keeps the various classes of records required in these rules.

21.2(11) Filing rules. A copy of the utility's current rules, if any, published or furnished by the utility for the use of engineers, architects, plumbing contractors, etc., covering meter and service installation shall be filed with the commission.

21.2(12)Fi/ing bill forms. A copy of each type of customer bill form in current use shall be filed with the commission.

21.2(13) Prompt notice. Prompt notice by telephone or telegram shall be given the water engineering section of the commission by a utility in the event of unscheduled or unplanned interruption of service involving one hundred or more customers for a period of two hours or more duration.

21.2(14) By July 1, 1983, and by April1 of each year thereafter, each rate-regulated utility shall report to the commission in writing all expenses, charged or to be charged to Iowa ratepayers, incurred in the previous calendar year resulting from any assembly of all or part of its board of directors, principal officers, or both outside of any state in which the utility provides service. All expenses required to be reported under this subrule should be itemized according to the following classifications for each assembly:

a. Transportation costs. b. Lodging (including meeting rooms). c. Food. d. Itemized miscellaneous. The utility also shall provide the following information about each assembly in the filing

with the commission: Location of assembly (including city, state) and hotel(s) or motel(s) accommodations; purpose of the assembly and meeting agenda; travel information (including whether public or private mode and dates of departure, arrival, and return); and its directors or officers in attendance (including spouses and guests if any of their expenses have been or wiii be charged to ratepayers).

Upon good cause shown, the commission, pursuant to Iowa Code section 68A. 7, may keep confidential specific information concerning any assembly required to be filed with the utility's annual report under this subrule. The utility shall specifically identify the information it deems confidential and must specifically explain why the information is confidential. The utility shall be under a continuous duty to inform the commission of any change in circumstances affecting the confidential nature of any information the commission has kept confidential.

21.2(15) Filing monthly, periodic and annual reports. Each utility shall file such other monthly, periodic and annual reports as are requested by the commission. Monthly and periodic reports shall be due in the commission's office within thirty days after the end of the reporting period. All annual reports shall be filed with this commission by Aprill of each year for the preceding calendar year.


Ch 21, p.6 Commerce[250] lAC 7/28/75

250-21.3(476) General service requirements. V 21.3(1) Disposition of water. All water sold by a utility shall be upon the basis of

metered volume sales except that the utility may at its option provide flat rate or estimated service for the following:

a. Temporary service where the water use can be readily estimated. b. Public and private fire protection service. c. Water used for street sprinkling and sewer flushing, when provided for in contract

between the utility and the municipality or other local government authority. 21.3(2) Register. All meters used for metered sales shall have registration devices

indicating the volume of water in either cubic feet or United States gallons. Where a constant or multiplier is necessary to determine the meter reading in cubic feet or gallons, the constant or multiplier shall be indicated on the face of the meter. Where remote meter reading is used, whether outdoor on-premises or off-premises-automated, the customers l

1 shall have readable meter registers at the meters as a means of verifying the accuracy of ~ bills presented to them.

21.3(3) Special charges. No utility shall make special charges for its installation or use of any devices for metering service to a customer, except for temporary service where the utility may charge its actual cost of installation and removal of its metering devices.

21.3(4) Utility use. Wherever practicable, consumption of water within the utility itself, or by administrative units associated with it, shall be metered.

21.3(5) Separate metering. Separate premises shall be separately metered and billed. Combined billing or submetering shall not be permitted.

lAC 7/21/82 Commerce[250] Ch 21, p.17

a. Pressure outside the limits specified will not be COIJSidered a violation when the variations:

(1) Arise from the action of the elements. (2) Are infrequent fluctuations not exceeding five minutes duration. (3) Arise from service interruptions. (4) Are from causes beyond the control of the utility. b. Each utility shall adopt and maintain a standard pressure in its distribution system at

locations to be designated as the point or points of "standard pressure". c. At regular intervals, each utility shall make a survey of pressures in its distribution

system of sufficient magnitude to indicate the quality of service being rendered at representative points on its system. Such surveys should be made during periods of high usage at or near the maximum usage during the year. The pressure charts for these surveys shall show the date and time of beginning and end of the test and the location at which the test was made. Records of these pressure surveys shall be maintained at the utility's principal office in the state and shall be made available to the commission upon request.

21.7(3) Interruption of supply. Prompt notice by telephone or telegraph shall be given to the commission by each utility of all interruptions to or major impairment of the supply for periods of a duration of one hour or more occurring on production works, storage works, transmission mains or distribution mains except those occurring in the course of routine operations. The same notice shall be given in case of accident or damage to portions of the plant which might lead to interruptions of service.

a. Each utility shall make all reasonable efforts to prevent interruptions of service and when such emergency interruptions occur shall endeavor to re-establish service with the shortest possible delay consistent with the safety to its customers and the general public. Where an emergency interruption affects fire protection service, the utility shall immediately notify the fire chief or other responsible local official.

b. Whenever any utility finds it necessary to schedule an interruption to its service, it shall make all reasonable efforts to notify all customers to be affected by the interruption, stating the time and anticipated duration of the interruption. Whenever possible, scheduled interruptions shall be at such hours as will provide least inconvenience to the customer.

c. Every utility shall maintain records of interruptions for a period of at least five years. 21.7(4) Shortage of supply. The utility shall exercise reasonable diligence to furnish a

continuous and adequate supply of water to its customers and to avoid any shortage or interruption of delivery thereof.

a. If a utility finds that it is necessary to restrict the use of water it shall notify its customers, and give the commission written notice, before such restriction becomes effective. Such notifications shall specify:

(1) The reason for the restriction. (2) The nature and extent of the restriction. (3) The date such restriction is to go into effect. (4) The probable date of termination of such restriction.

Ch 21, p.l8 Commerce[250] lAC 3/16/83

b. During times of threatened or actual water shortage the utility shall equiqlb1y V apportion its available water supply among its customers with due regard to public health and safety.

(Name of Company) Filed with I.S.C.C .

. ............................. Tariffs (type)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sheet No ...................... . Canceling ..................................... Sheet No. . .................... . RATE DESIGNATION •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

CLASS OF SERVICE •.•••••••.•••.••••••••••••••••••••••••••••••••••••••••••••••••••

EXHIBIT "A"

Authorized ................................ . By .............................. . (Date)

Effective ................................... . (Date)

Supersedes Rate No. . ................... . These rules are intended to implement Iowa Code sectionsl7A.3, 474.5, 476.1, 476.2 and

476.8. [Filed 6/ 11/68; amended 6/27 /75]

[Filed 9/30/77, Notice 6/9177-published 10/19/77, effective 11/23/77] [Filed emergency 6/28/82-published 7/21/82, effective 6/28/82]

[Filed 9/24/82, Notice4/28/82-published 10/13/82, effective 11/17/82] [Filed 10/21/82, Notice 8/18/82-published 11/10/82, effective 12/15/82] [Filed 2/25/83, Notice 12/22/82-published 3/16/83, effective 4/20/83]

lAC 3/2/83 Commerce[250] Ch 22, p.6

h. Extension rules, under which extensions of service will be made, indicating what portion of the extension or cost thereof will be furnished by the utility; and if the rule is based on cost, the items of cost included as required in 22.3(7).

i. The type of construction which the utility requires the customer to provide if in excess of the Iowa electrical safety code or the requirements of the municipality having jurisdiction, whichever may be the most stringent in any particular.

j. Statement of the type of special construction commonly requested by customers which the utility allows to be connected, and the terms upon which such construction will be permitted, with due provision for the avoidance of unjust discrimination as between customers who request special construction . and those who do not. This applies, for example, to a case where a customer desires underground service in overhead territory.

k. Rules with which prospective customers must comply as a condition of receiving service.

I. Notice by customer required for having service discontinued. m. Rules covering temporary, emergency, auxiliary and standby service. n. Rules covering the type of equipment which may or may not be connected. o. Rules on billing periods, bill issuance, notice of delinquency, refusal of service, service

disconnection and reconnection and customer account termination for nonpayment of bill. p. All nonrecurring charges and rules which determine their application. q. Customer deposit rules which cover when deposits are required, how the amounts of re

quired deposits are calculated, requests for additional deposits, interest on deposits, records maintained, issuance of receipts to customers, replacement of lost receipts, refunds and unclaimed deposit disposition.

r. A separate glossary of all acronyms and trade names used. s. A general-explanation of each service and equipment offering available from the utility. t. Prior to implementation, the location of all information relating to network design,

technical standards, interface specifications or changes to the telecommunications network, which would affect either intercarrier interconnection or the manner in which terminal equipment and existing or new inside station wiring is attached to the network.

u. Separate rates or charges for transmission services and ancillary services and equipment. 22.2(6) Annual, periodic and other reports to be filed with the commission. a. Exchange area boundary maps. The utility shall file annually a verification that it has a

currently correct set of exchange area boundary maps on file with the commission in accordance with 22.3(8).

b. Each utility shall file with the commission a report of each accident in connection with the operation of the utility's telephone plant which results in an injury temporarily disabling an employee for two days or more or resulting in permanent disability or death. Prompt notice of fatal accidents shall be given to the commission by telephone. A written report of the accident shall be filed within ten days next following the occurrence of the accident on forms approved by the commission. Such written reports shall indicate the following information:

(1) The name, address and age of the person or persons involved in the accident. (2) The time and place where the accident occurred. (3) The cause of the accident in detail. (4) The name of the individual, company, corporation, city or town operating the

telephone exchange service. c. The utility shall file annually a report of all important additions to the telephone plant

by exchange or location, the construction or acquisition of which was completed by the utility during the preceding year and that which is planned for the current year. For the purpose of this rule an important addition to plant shall mean a single project involving the

Ch 22, p.7 Commerce[250] lAC 3/16/83

expenditure of more than fifty thousand dollars or an amount equivalent to more than twenty-five percent of the total telephone plant in service, whichever is less.

d. Each utility shall compile a monthly record by exchange central office, and outside trouble reports and held applications. Each call or written statement received shall be considered a separate report, even though it may duplicate a previous report or merely involve an inquiry concerning progress on a previous report. This information shall be supplied on forms approved by the commission. The records shall be compiled not later than thirty days after the end of the month covered and shall, upon and after compilation, be kept available for inspection by the commission or its staff. A summary of the twelve monthly records shall be attached to and submitted with the utility's annual report to the commission.

e. The utility shall keep the commission informed currently by written notice as to the location at which the utility keeps the various classes of records required by these rules.

f. A copy of each standard type of customer bill form in current use shall be filed with the commission.

g. The name, title, address and telephone number of the person who is authorized to receive, act upon and respond to communications from the commission in connection with the following:

(1) General management duties. (2) Customer relations (complaints). (3) Engineering operations. (4) Emergencies during nonoffice hours. h. A copy of a new directory being distributed to customers. i. A copy of any application for waiver, modification or clarification (however

denominated) the utility files with the Federal Communications Commission with respect to its decision in Docket No. 20828.

j. Any transaction between the utility and an affiliated equipment manufacturer or affiliated company providing, installing or maintaining CPE or existing or new inside station wiring which involves the transfer (either directly or by accounting or other record entries) of money, personnel, resources or other assets shall be reduced to writing and the accounting entries for both the utility and the affiliated company shall be flled with the commission, together with any contract, agreement or other arrangement entered into between such entities.

k. Any index or list which comprehensively catalogs or cross-references tariffed offerings for internal management or sales purposes.

I. By July 1, 1983, and by April 1 of each year thereafter, each rate-regulated utility shall report to the commission in writing all expenses, charged or to be charged to Iowa ratepayers, incurred in the previous calendar year resulting from any assembly of all or part of its board of directors, principal officers, or both outside of any state in which the utility provides service. All expenses required to be reported under this subrule should be itemized according to the following classifications for each assembly:

(1) Transportation costs. (2) Lodging (including meeting rooms). (3) Food. (4) Itemized miscellaneous. The utility also shall provide the following information about each assembly in the filing


Upon good cause shown, the commission, pursuant to Iowa Code section 68A. 7, may keep confidential specific information concerning any assembly required to be filed with the utility's annual report under this subrule. The utility shall specifically identify the information it deems confidential and must specifically explain why the information is confidential. The

lAC 3/16/83 Commerce[250] Ch 22, p.7a

utility shall be under a continuous duty to inform the commission of any change in circumstances affecting the confidential nature of any information the commission has kept confidential.


250-22.3(476) General service requirements. 22.3(1) Held applications. a. During such period of time as telephone utilities may not be able to supply initial

telephone service to prospective customers or upgrade existing customers within thirty days after the date applicant desires service, the telephone utility shall keep a record by exchanges showing the name and address of each applicant for service, the date of application, date that service is desired, the class and grade of service applied for, together with the reason for the inability to provide the new service or higher grade to the applicant.

b. When, because of shortage of facilities, a utility is unable to supply main telephone service on dates requested by applicants, first priority shall be given to furnishing those services which are essential to public health and safety. In cases of prolonged shortage or other emergency, the commission may require establishment of a priority plan, subject to its approval for clearing held orders, and may request periodic reports concerning the progress being made.

~ ',__..

, .. ;.

: I ~ ' '

lAC 3/16/83 Commerce[250] Ch 23, p.1

[Filed December 12, 1967; amended June 27, 1975] [Filed 10/13/76, Notice 9/8/75-published 1113/76, effective 12/8/76] [Filed 9/2/77, Notice 4/20/77-published 9/21/77, effective 10/26/77]

[Filed emergency 9/14/77-published 10/5/77, effective 9/14/77] [Filed 9/30/77, Notice 6/29/77-published 10/19/77, effective 11/23/77]

[Filed 4/10/79, Notice 5/3/78, 8/23/78-published 5/2/79, effective 6/6/79j [Filed 1/28/82, Notice 9/30/81-published 2/17/82, effective 3/24/82]

[Filed 5/21/82, Notice 4/1/81-published 6/9/82, effective 7 /14/82] [Filed emergency6/18/82-published 7/7/82, effective 7 /14/82]


[Filed 10/8/82, Notices 10/28/81, 3/3/82, 4/14/82, 7/21/82-published 10/27/82, effective 12/1/82]

[Filed 10/21/82, Notice 8/18/82-published 11/10/82, effective 12/15/82] [Filed 2/11/83, Notices 7/21182, 12/8/82-published 3/2/83, effective 4/6/83]


CHAPTE~ 23 ANNUAL REPORT

250-23.1(476) General information. 23.1(1) Every public utility is required to keep and render its books, accounts, papers

and records accurately and faithfully in the manner and form prescribed by the commission and to comply with all directions of the commission relating to such books, accounts, papers and records.

23.1(2) In order that the commission may keep informed regarding the manner and method in which a utility business is conducted, and in order to obtain information on which to apportion the costs of operation of the utilities division of the commerce commission as prescribed by chapter 476, all public utilities coming under the provision of chapter 476, shall file with this commission, annual reports as hereinafter described in these rules, on or before April 1 of each year covering their operations during the immediately preceding calendar year. In the event that a utility has ceased operations through merger or sale of its plant during the calendar year, each of the involved utilities shall be responsible for filing an annual report with the commission which reflects the operations of the properties which were subject to such sale or merger. The annual report covering the portion of the calendar year operations to the date of sale or merger shall be filed with the commission within ninety days after such transaction.

23.1(3) All pages of the report must be completed and submitted to the commission. The words "none" or "not applicable" may be used to complete a schedule when they accurately and fully state the facts. The commission shall be notified of the nature, amount and purpose of any accounts used in J addition to those prescribed in utilities division chapter 16, "Accounting". A copy shall be retained in the respondent's file. All reports are to be prepared for and certified to the Iowa state commerce commission.

23.1(4) Annual report requirements specified in "Regulations Governing Service Supplied by Gas, Electric, Telephone, or Water Utilities", utilities division, chapters 19, 20, 21, and 22, shall be included with the annual reports set forth in the following paragraphs. The reporting utility should use their own format in preparing such reports.

250-23.2(476) Annual report requirements-rate-regulated utilities. Two copies each of the following report forms must be completed and filed with the commission.

23.2(1) Electric utilities.

Ch 23, p.2 Commerce[250] lAC 10/19/77

a. Class A & B-Form IE-1, Annual Report-Rate-Regulated Electric Utilities (including FPC Annual Report Form No.1).

b. Class C & D-Form IE-1, Annual Report-Rate-Regulated Electric Utilities (including FPC Annual Report Form No. 1F).

23.2(2) Gas utilities. a. Class A & B-Form IG-1, Annual Report-Rate-Regulated Gas Utilities (including

FPC Annual Report Form No. 2). b. Class C & D-Form IG-1, Annual Report-Rate-Regulated Gas Utilities (including

FPC Annual Report Form No. 2A). 23.2(3) Telegraph utilities. Form RTG-1, Annual Reports-Rate-Regulated Telegraph

Utilities (including FCC Annual Report Form-R & 0). 23.2(4) Telephone utilities. Form TR-1, Telephone Annual Report to the Commerce

Commission and Department of Revenue, State of Iowa (including FCC Annual Report Form M).

23.2(5) Water utilities. a. Class A & B-Form WA-1, Annual Report-Rate-Regulated Water Utilities. b. Class C & D-Form WD-1, Annual Report-Rate-Regulated Water Utilities. 23.2(6) Reports by rate-regulated utilties which have multistate operations shall provide

information concerning their Iowa operations on the schedules listed below. Such schedules shall be prepared using the same format used in reporting total company data and shall be clearly labeled "Iowa Operations" at the top of each schedule. It shall include:

a. Summary of utility plant and accumulated depreciation and amortization reserves. b. Plant in service by primary account. c. Materials and supplies. d. Contributions in aid of construction. e. Accumulated deferred income taxes. J Accumulated investment credit. g. Statement of income for the year. h. Operating revenues. i. Operating and maintenance expenses. j. Taxes charged during year. Statements shall be included setting forth the method or basis used in making allocations

between states. 23.2(7) Co-operative Electric Utilities Corporations or Associations-Form EC-1,

Annual Report-Co-operative Electric Plant and Operations. 23.2(8) In addition to the above-mentioned reports, the respondent shall also file with

the commission, immediately upon publication, two copies of any financial, statistical or operational reviews or reports that a company may prepare for distribution to stockholders, bondholders or any other interested parties.

250-23.3(490A) Annual report requirements-nonrate-regulated utUities. One copy of each of the following report forms must be completed and filed with the commission.

23.3(1) Municipally owned electric. Form ME-l, Annual Report-Municipal Electric Plant and Operations.

23.3(2) Municipally owned gas utilities. Form MG-1, Annual Report-Municipal Gas Plant and Operation.

23.3(3) Nonrate-regulated telephone utilities. Form TR-1, Telephone Annual Report to the Commerce Commission and Department of Revenue, State of Iowa.

These rules are intended to implement sections 476.2, 476.9, 476.10 and 476.22 of the Code.

[Filed December 12, 1967] [Filed 9/30/77, Notice 6/29/77-published 10/19/77, effective 11/23/77]

lAC 3/16/83 Environmental Quality[400] Ch 15, p.3

15.1(22) "POTW, or "publicly owned treatment works, means any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a municipal corporation or other public body created by or under Iowa law and having jurisdiction over disposal of sewage, industrial wastes or other wastes, or a designated and approved management agency under section 208 of this Act.

15.1(23) "Primary contact" means any recreational or other water use in which there is prolonged and intimate contact with the water involving considerable risk of ingesting water in quantities sufficient to pose a significant health hazard, such as swimming and waterskiing.

15.1(24) uRecords of operation" means department of environmental quality report forms or such other report forms, letters or documents which may be acceptable to the department that are designed to indicate specific physical, chemical or biological values for waste water during a stated period of time.

15.1(25) "Regional administrator•• means the regional administrator of the United States Environmental Protection Agency, Region VII, 1735 Baltimore, Kansas City, Missouri 64108.

15.1(26) "Secondary contact" means any recreational or other water use in which contact with the water is either incidental or accidental and in which the probability of ingesting appreciable quantities of water is minimal, such as fishing, commercial and recreational boating and any limited contact incidental to shoreline activity.

15.1(27) "Shallow well" means a well located and constructed in such a manner that there is not a continuous five-foot layer of low permeability soil or rock between the acquifer from which the water supply is drawn and a point 25 feet below the normal ground surface.

15.1(28) "Standard methods" means ''Standard Methods for the Examination of Water and Waste Water", 14th Edition, 1975. This publication is available from the American Public Health Association, 1015 18th St. N.W., Washington, D.C. 20036.

15.1(29) "Temperature" means a measure of the heat content of water. 15.1(30) "Turbidity" is a measure of the optical property of the particles of mud, clay,

silt, finely divided organic matter, or microscopic organisms suspended in water that interfere with light transmission, causing the light to be scattered and absorbed rather than transmitted through the water in straight lines.

These rules are intended to implement Iowa Code chapter 4558, part 1, division III (4558.171 to 4558.187).

[Filed 7/1/77, Notices 2/23/77, 3/23/77-published 7/27/77, effective 8/31/77] [Filed 10/13/78, Notice 5/3/78-published 11/1/78, effective 12/6/78] [Filed 4/23/81, Notice 2/18/81-published 5/13/81, effective 6/17/81] [Filed 2/24/83, Notice 11110/82-published 3/16/83, effective 4/20/83]

Ch 16, p.1 Environmental Quality[400] lAC 8/24/77

CHAPTER 16 WATER QUAUTY STANDARDS

400--16.1 Rescinded, effective August 31, 1977.

400--16.2(4558) General considerations. 16.2(1) Policy statement. It shall be the policy of the water quality commiSsion to

protect and enhance the quality of all the waters of the state. In the furtherance of this policy it will attempt to prevent and abate the pollution of all waters to the fullest extent possible consistent with statutory, and technological limitations .. This policy shall apply to all point and nonpoint sources of pollution.

These water quality standards establish selected criteria for certain present and future designated uses of the surface waters of the state. The standards establish the areas where these uses are to be protected and provide minimum criteria for waterways having nondesignated uses as well. Many surface waters are designated for more than one use. In these cases the more stringent criteria shall govern for each parameter.

Certain of the criteria are in narrative form without numeric limitations. In applying such narrative standards, decisions will be based on the rationale contained in 'Quality Criteria for Water', published by the U.S. Environmental Protection Agency (1977).

All methods of sample collection, preservation, and analysis used in applying ariy of the rules in these standards shall be in accord with those prescribed in Chapter 18.

16.2(2) Antidegradation policy. It is the policy of the state of Iowa that: a. Existing designated water uses will be maintained and protected. No further water

quality degradation which would interfere with or become injurious to water uses designated in this chapter will be allowed.

b. Those existing high quality waters, named below, which exceed the water quality levels described in this chapter as necessary to protect existing water uses will be maintained at or above existing water quality, except when, after full satisfaction of the intergovernmental co-ordination and public participation provisions of the continuing planning process, it is determined that there is need to lower the water quality because of necessary and justifiable economic or social development.

(1) Bear Creek, mouth in Winneshiek County and tributary to the Upper Iowa River. (2) Bloody Run, mouth in Clayton County and tributary to the Mississippi River. (3) Catfish Creek from Swiss Valley Park in Dubuque County to its source. (4) Unnamed Creek known locally as Coldwater Creek with mouth in Winnesbiek

County and tributary to the Upper Iowa River. (5) DeSoto National Wildlife Refuge in Harrison and Pottawattamie Counties. (6) Fenchel Creek, mouth to Richmond Springs, in Delaware County and tributary to

the Maquoketa River. (7) Fountain Spring Creek, tributary to Elk Creek, which is tributary to the Turkey

River. (8) Iowa Great Lakes chain of lakes .in Dickinson County, including West Lake

Okoboji, Spirit Lake, East Lake Okoboji, Minnewashta Lake, Upper Gar Lake, and Lower Gar Lake.

(9) North Bear Creek, with mouth in Winneshiek County and tributary to Bear Creek, listed as number 1 in this listing.

(10) North Cedar Creek, with mouth in Clayton County and tributary to Sny Magill Creek.

(11) Lake Rathbun in Appanoose County. (12) Sny Magill Creek, with mouth in Clayton County and tributary to the Mississippi

River.

lAC 3/16/83 Environmental Quality[400] Ch 19, p.l2

the executive director shall revise or modify the permit in accordance with the toxic effluent standard or prohibition and so notify the permittee.

h. If an applicant for an NPDES permit proposes to dispose of pollutants into wells as part of a program to meet the proposed terms and conditions of an NPDES permit, the executive director shall specify additional terms and conditions in the issued NPDES permit which shall prohibit the proposed disposal or control the proposed disposal in order to prevent pollution of ground and surface water resources and to protect the public health and welfare.

19.6(6) POTW compliance-plan of action required. The owner of a publicly-owned treatment works (POWT) must prepare and implement a plan of action to achieve and maintain compliance with final effluent limitations in its NPDES permit, as specified below:

a. The executive director shall notify the owner of a POTW of the plan of action requirement, and of an opportunity to meet with department staff to discuss the plan of action requirements. The POTW owner shall submit a plan of action within six months of such notice, unless a longer time is needed and is authorized in writing by the executive director.

b. The plan of action will vary in length and complexity depending on the compliance history and physical status of the particular POTW. It must identify the deficiencies and needs of the system, describe the causes of such deficiencies or needs, propose specific measures (including an implementation schedule) that will be taken to correct the deficiencies or meet the needs, and discuss the method of financing the improvements proposed in the plan of action.

The plan may provide for a phased construction approach to meet interim and final limitations, where financing is such that a long-term project is necessary to meet final limitations, and shorter-term projects may provide incremental benefits to water quality in the interim.

Information on the purpose and preparation of the plan can be found in the departmental document entitled "Guidance on Preparing a Plan of Action", available through the records center of the department.

c. Upon submission of a complete plan of action to the department, the plan should be reviewed and approved or disapproved within sixty days unless a longer time is required and the POTW owner is so notified.

d. The NPDES permit for the facility shall be amended to include the implementation schedule or other actions developed through the plan to achieve and maintain compliance.

This rule is intended to implement Iowa Code chapter 4558, part 1, division III (4558.171 to 4558.187).

400-19.7(4558) Relssuance of NPDES permits. 19.7(1) Any state NPDES permittee who wishes to continue to discharge after the

expiration date of the permit shall file an application for reissuance of the permit at least one hundred eighty days prior to the expiration of the permit. The application may be a simple written request. However, the applfcant for reissuance must submit or have submitted information to show:

a. That the permittee is in compliance or has substantially complied with all the terms, conditions, requirements and schedules of compliance of the expiring NPDES permit.

b. Up-to-date information on the permittee's production levels, permittee's waste treatment practices, nature, contents, and frequency of permittee's discharge.

c. That the discharge is consistent with applicable effluent standards and limitations, water quality standards and other legally applicable requirements listed in 19.6(2), including any additions to, or revision or modifications of such effluent standards and limitations, water quality standards, or other legally applicable requirements during the term of the permit.

19.7(2) The executive director shall follow the notice and public participation procedures specified in 19.5(4558) in connection with each request for reissuance of an NPDES permit.

19.7(3) Notwithstanding any other provision in these rules, Jlny new point source the construction of which is commenced after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 (October 18, 1972) and which is so constructed as to meet all applicable standards of performance for new sources shall not be subject to

.·.-,

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. ·• J

;:

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. ~ .. ·. ·.: : ·~-:

... ~ :

· ... -... ..._ ~ ··. :.

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lAC 8/24/77, 3/16/83 Environmental Quality[400] Ch 19, p.12a

any more stringent standard of performance during a ten-year period beginning on the date of completion of such construction or during the period of depreciation or amortization of such facility for the purposes of section 167 or 169 (or both) of the Internal Revenue Code of 1954, as amended through December 31, 1976, whichever period ends first.

400-19.8(4558) Monitoring, recordkeeping and reporting by operation permit holders. Operation permit holders are subject to any applicable requirements specified in chapter 18 of these rules.

400-19.9(4558) SDvicultural activities. The following is adopted by ·reference: 40 CFR §124.85 as promulgated June 18, 1976 (41 FR 24711).

400-19.10(4558} Agricultural activities. The following is adopted by reference: 40 CFR ~ §124.84 as promulgated July 12, 1976 (41 FR 28493).

400-19.11(4558) Disposal of pollutants Into wells. The following is adopted by reference: 40 CFR §124.81 as promulgated March 18, 1976 (41 FR 11458).

400-19.12(4558) Separate storm sewers. The following is adopted by reference: 40 CFR §124.83 as promulgated March 18, 1976 (41 FR 11458).

400-19.13(4558)* Transfer of title. If title to any disposal system or part thereof for which a permit has been issued under 19.2(4558) or 19.3(4558) is transferred, the new owners shall be subject to all terms and conditions of said permit. Whenever title to a disposal

•Emergency, pursuant to I 17 A.S(2) "b" of the Code.

Ch 19, p.13 Environmental Quality[400] lAC 3/16/83

system or part thereof is changed, the department shall be notified of such change within thirty days.

Rules 19.3 to 19.13 are intended to implement Iowa Code section 4558.173.

400--19.14(4558) Validity of rules. If any section, paragraph, sentence, clause, phrase or word of these rules, or any part thereof, be declared unconstitutional or invalid for any reason, the remainder of said rules shall not be affected thereby and shall remain in full force and effect.

400--19.15(4558)* Applicabillty. This chapter shall apply to all waste disposal systems treating or intending to treat sewage, industrial waste, or other waste except waste resulting from livestock or poultry operations. All livestock and poultry operations constituting animal feeding operations as defined in chapter 20 of these rules shall be governed by the requirements contained in chapter 20. However, if an animal feeding operation is required \.,I to apply for and obtain an NPDES permit, the provisions of this chapter relating to notice and public participation, to the terms and conditions of the permit, to the reissuance of the permit and to monitoring, reporting and recordkeeping activities shall apply.

This rule is intended to implement Iowa Code section 4558.173. [Filed August 21, 1973]

[Filed 6/28/76, Notice 5/3/76---published 7/12/76, effective 8/16/76] [Filed 7/1/77, Notice 3/23/77-published 7/27/77, effective 8/31/77]

[Filed emergency 7 /28/77-published 8/24/77, effective 8/31/77] [Filed emergency 2/3/78-published 2/22/78, effective 3/1/78]

[Filed 10/13/78, Notice 5/3/78-published 11/1/78, effective 12/6/78] [Filed 3/30/79, Notice 2/7/79.:...published 4/18/79, effective 5/23/79] [Filed 5/11/79, Notice 217/79-published 5/30/79, effective 7/5/79] 1 J

[Filed 8/3/79, Notice 5/2179-published 8/22/79, effective 9/26/79] .._.., [Filed 8/31/79, Notice 4/4/79-published 9/19/79, effective 10/24/79] [Filed 4/10/80, Notice 12/26/79-published 4/30/80, effective 6/4/80]

[Filed 11/3/80, Notic.es 6/25/80, 8/20/80-published 11/26/80, effective 12/31/80, **7/1181]

[Filed 10/23/81, Notice 5/13/81-published 11/11181, effective 12/16/81] [Filed 9/24/82, Notice 7/21182-published 10/13/82, effective 11/17/82] [Filed 2/24/83, Notice 11/10/82-published 3/16/83, effective 4/20/83]

.•Emergency, pursuant to §17A.S(2)"b" of the Code •

.. Subrule 19.2(12)paragraphs "c," "d, "and "e, "effcctive711/81.

IAC5/28/80 Insurance[510] Analysis, p.l

INSURANCE DEPARTMENT[510] ORGANIZATION AND PROCEDURES

CHAPTER 1 ORGANIZATION OF DEPARTMENT

1.1 (502,505) Organization 1.2(502,505) Location

CHAPTER 2 ADMINISTRATIVE PROCEDURES

2.1 (5078) Procedure for filing complaint

2.2(502,505) Petition for adoption, amendment or repeal of departmental rules

2.3(502,505) Public hearings 2.4(502,505) Notice of public hearing 2.5(502,505) Presiding officer 2.6(502,505) Petition for declaratory rul

ing

CHAPTER3 ADMINISTRATIVE HEARINGS

OF CONTESTED CASES 3 .I (17 A,502,505) Procedures 3 .2(17 A,502,505) Informal settlement 3.3(17A,502,505) Noticeofhearing 3.4(17A,502,505) Timeofhearing 3.5(17 A,502,505) Prehearing conference 3 .6(17 A,502,505) Transcription of pro-

ceedings 3.7(17A,502,505) Witness fees 3.8(17A,502,505) Subpoenas 3.9(17A,502,505) Appeals 3 .I 0(17 A,502,505) Ex parte communica

tions CHAPTER4

Reserved REGULATION OF INSURERS

CHAPTER 5 REGULATION OF INSURERS-

GENERAL PROVISIONS 5.1 (507) Examination reports 5.2 to 5. 9 Reserved 5.10(511) Life companies - invest-

ment in preferred stocks 5.11(511) Investment of funds 5.12(515) Collateralloans 5.13(508, 515) Loans to officers, directors,

5.14(515) 5.15to5.19 5.20(508) 5.21(515C)

employees, etc. Salvage as an asset. Reserved Computation of reserves Unearned premium reserve

factors

5.22(515C) 5.23to5.29 5.30(515)

5.31(515) 5.32to5.39 5.40(515) 5.41(508)

5.42(515)

Contingency reserve Reserved Single maximum risk-fi·

delity and surety risks Reinsurance contacts Reserved Premium tax Tax on gross premiums

life companies Capital stock requirements

for writing multiple lines

DISCLOSURE OF MORTGAGE LOAN

APPLICATIONS

5.43 to 5.49 Reserved 5.50(535A) Purpose 5.51(535A) Definitions 5.52(535A) Filing of reports 5.53(535A) Form and content of reports 5.54(535A) Written complaints

CHAPTER 6 ORGANIZATION OF DOMESTIC

INSURANCE COMPANIES 6.1 (506) Definitions 6.2(506) Promoters contributions 6.3(506) Escrow 6.4(506) Alienation 6.5(506) Sales to promoters 6.6(506) Options 6. 7(506) Qualifications of management 6.8(506) Chief executive 6. 9(506) Directors

CHAPTER 7 DOMESTIC STOCK INSURERS

PROXIES 7.1(523) Application of regulation 7 .2(523) Proxies, consents and authoriza

tions 7 .3(523) Disclosure of equivalent infor

mation 7 .4(523) Definitions 7 .5(523) Information to be furnished to

stockholders 7 .6(523) Requirements as to proxy

Analysis, p.2 Insurance[510] lAC 3/16/83

7. 7(523) Material required to be filed 7 .8(523) False or misleading statements 7. 9(523) Prohibition of certain solicita-

tions 7.1 0(523) Special provisions applicable to

election contests SCHEDULE A

INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE B

INFORMATION TO BE INCLUDED IN STATEMENTS FILED BY OR ON BEHALF OF A PARTICIPANT (OTHER THAN THE INSURER) IN A PROXY

SOLICITATION IN AN ELECTION CONTEST

7.11 (523) Application 7 .12(523) Conditions-revocation 7.13(523) Filing proxy 7.14(523) Solicitation by agents~use of

funds

CHAPTER 8 BENEVOLENT ASSOCIATIONS

8.1 and 8.2 Reserved 8.3(512A) Organization 8.4(512A) Membership 8.5(512A) Fees, dues and assessments 8.6(512A) Reserve fund 8. 7(512A) Certificates 8.8(512A) Beneficiaries 8. 9(512A) Mergers 8.10(512A) Directors and officers 8.11(512A) Stockholders 8.12(512A) Bookkeeping and accounts

CHAPTER 9 REPORTING REQUIREMENTS

ON LICENSEES 9.1 (258A) Definitions 9.2(258A) Insurers' duties 9.3(258A) Commissioner's duties

INSURANCE AGENTS CHAPTER 10

EXAMINATION AND LICENSING OF INSURANCE AGENTS

10.1 (522) Definitions 10.2(522) Requirements for license 10.3(522) Application for agent's quali-

fication 10.4(522) Examinations

10.5(522) Ten-day interim permit \.....,) 10.6(522) Exemptions from examination

requirement 10. 7(522) Types and classifications of

licenses 10.8(522) Licensing nonresident agents 10. 9(522) License requisition procedures 10.10(522) Change in name or address 10.11(522) Renewal of licenses 10.12(522) Cancellation of licenses 10.13(522) Temporary licenses 10.14(522) License lost through merger

CHAPTER 11 ~ CONTINUING EDUCATION FOR

INSURANCE AGENTS 11.1 (258A) Statutory authority; purpose;

applicability 11.2(258A) Definitions 11.3(258A) Continuing education require

ments for agents 11.4(258A) Proof of completion of con

tinuing education requirements

11.5(258A) Approved subjects-certification by commissioner

11.6(258A) List of available approved ~ continuing education pro-

, grams and providers II. 7(258A) Independent study

CHAPTERS 12 to 14 Reserved

UNFAIR TRADE PRACTICES

CHAPTER 15 UNFAIR TRADE PRACTICES

15.1(508, 515) Misleading policy titles 15.2(508, 515) Notes taken for insurance 15.3(522) Twisting ~ 15.4(508, 515) Regulation of insurance 15.5(508, 515) Furriers customers policies 15.6(522) Agents rebates iJlegal 15. 7(508, 515) Rebating 15.8(507B) Delivery of outline of cov

erage 15.9(507B) Duplicate Medicare supple-

ment coverage 15.10 to 15.12 Reserved

lAC 11/25/81,3/17/82 Insurance[ 51 0]

ADVERTISING-ACCIDENT AND HEALTH

15.13(5078) Purpose 15.14(5078) Applicability 15.15(5078) Definitions 15.16(5078) Method of disclosure of re

quired information 15.17(5078) Form and content of adver

tisements 15.18(5078) Advertisements of benefits

payable, losses covered or premiums payable

15.19(5078) Necessity for disclosing policy provisions relating to renewability, cancelability, and termination

15.20(5078) Testimonials or endorsements by third parties

15.21(5078) Use of statistics 15.22(5078) Identification of plan or num

ber of policies 15.23(5078) Disparaging comparisons and

statements 15:24(5078) Jurisdictional licensing and

status of insurer 15.25(5078) Identity of insurer 15.26(5078) Group or quasi-group impli

cations 15.27(5078) Introductory, initial, or spe-

cial offers 15.28(5078) Statements about an insurer 15.29(5078) Enforcement procedures 15.30(5078) Severability provision 15.31(514D) Advertising 15.32 to 15.39 Reserved

Analysis, p.2a

Analysis, p.2b lnsurance[5 1 0] lAC 3/16/83

ADVERTISING-LIFE INSURANCE

1 5.40(5078) Purpose 15.41(5078) Definitions for the purpose of

these rules 15.42(5078) Applicability 15.43(5078) Form and content of adver-

tisements 15.44(5078) Disclosure requirements 15.45(5078) Identity of insurer 15.46(5078) Jurisdictional licensing and

status of insurer 15.47(5078) Statements about the insurer 15.48(5078) Enforcement procedures 15.49(5078) Conflict with other rules

SEX DISCRIMINATION

15.50(5078) Purpose 15.51 (5078) Definitions 15.52(5078) Applicability and scope 15.53(5078) Availability requirements 15.54(5078) Rates 15.55 to 15.59 Reserved

COMPLAINT RECORD

15.60(5078) Mandate I 5.61 (5078) Content of complaint record I 5.62(5078) Format of complaint record 15.63(5078) Maintenance of the record I 5.64(5078) Definitions 15.65 Reserved 15.66(5078) Purpose 15.6 7(5078) Scope 15.68(5078) Definitions 15.69(!)978) Disclosure requirements 15. 70(5078) General rules 15. 71(5078) Failure to comply 15. 72(5078) Effective date 15. 73(5078) Appendix-life insurance buy

er's guide 15.74-15.79 Reserved

PHYSICAL OR MENTAL IMPAIRMENT-UNFAIR

DISCRIMINATION

15.80(5078) Authority 15.81(5078) Purpose 15.82(5078) Unfairly discriminatory acts or

practices 15.83 to 15.89 Reserved

'IKII.LEU NlJHSING FA('ILJTY C'OVEHAGE

15.90(5078) Purpose I 5. 91 (5078) Definition I 5. 92(5078) Applicability I 5. 93(5078) Unfair discriminatory acts or

practices


CHAPTER 19 PREARRANGED FUNERAL PLAI':S

19.1(523A) Forms

PROPERTY AND CASUALTY INSURANCE CHAPTER 20

PROPERTY AND CASUALTY INSURANCE RATE AND FORM

FILING PROCEDURES 20.1(515) General requirements 20.2(515) Filing synopsis 20.3(515) Letter of transmittal 20.4(515) Policy form filing 20.5(515A) Rate or manual rule filing 20.6(515A) Exemption from filing re-

quirement

CHAPTER 21 SURPLUS LINES REQUIREMENTS

21.1(515) Definitions 21.2(515) Unauthorized insurer's duties 21.3(515) Agent's duties 21.4(515) Agent's duty to insured; evi

dence of coverage 21.5(515) Qualified unauthorized insur

ers


lAC 7/1/75 Insurance[510] Ch 8, p.1

POLICYHOLDER PROXY SOLICITATION

510-7 .11(523) AppHcation. These rules are applicable to all domestic mutual insurance companies.

510-7 .12(523) Conditions-revocation. No proxy shall be valid unless signed and executed within two months prior to such meeting or election for which said proxy was given, and such proxy shall be limited to thirty days subsequent to the date of such meeting or election, and may be revoked at any time by the policyholder who executed the said proxy.

510-7 .13(523) Flling proxy. All proxies shall be filed with the company at least one day prior to any meeting or election at which they are to be ·used.

510-7 .14(523) SoHcltation by agents-use of funds. Soliciting of proxies by an agent of a company either for personal use, or for the use of officers of the company or for any other person or persons, is forbidden. Company funds shall not be expended in procuring proxies.

These rules are intended to implement chapter 523 of the Code.

8.1 and 8.2

[Filed April 15, 1966]

CHAPTER 8 BENEVOLENT ASSOCIATIONS

(Appeared as ch 7, 1973 IDR)

Reserved.

510-8.3(512A) Organization. Before any new benevolent association shall form or operate in this state, it shall first file with the commissioner for examination and approval one copy of its general plan of organization and operation, an original and two copies of its articles of incorporation, an original and one copy of any bylaws, and two copies of its certificate of membership with application blank. All fees for examination and filing in the office of the commissioner and the secretary of state as prescribed by law must accompany the association's submission.

8.3(1) The plan of organization and operation must set forth in detail any and all fees, dues and assessments to be made against the membership, the intended size and grouping of the membership, the method of member enrollment and procedure for replacement of deceased or left members, the establishment of any reserves or surplus funds, and the

~ intended name and business address of the association. The plan shall also contain a biographical sketch of all organizers and officers and comply with the laws and regulations governing benevolent associations.

8.3(2) If an association is organized or becomes organized under chapter 504A of the Code for the purpose of selling or offering for sale stock to the public of this state such offer must be fully disclosed in the plan of organization and if such offer is exempt from registration the specific exemption must be set forth in the plan.

8.3(3) Reserved. 8.3(4) Except where a public stock offer is made, the plan of operation for associations

existing _prior to the adoption of this regulation may be contained in its bylaws, however, such plan shall be in accordance with the laws and regulations pertaining to such associations.

'.....,; 510-8.4(512A) Membership. ~ch association shall have one or more groups or units consisting of not more than one thousand two hundred fifty members per group or unit who may make voluntary contributions to the association for distribution to the beneficiary

Ch 8, p.2 Insurance[SlO] lAC 3/16/83

of a deceased member or to the members as contributions toward expenses incurred by accident or sickness.

8.4(1) If membership in the association is conditioned upon the payment of benefit assessments levied against the members, such loss or cancellation of membership shall take place only if a member, after being notified by mail of such assessment, has failed to remit his contribution within thirty days from the date of mailing of the benefit assessment notice. The association may thereafter serve notice of cancellation of membership which shall provide that if all delinquencies are not paid within ten days after mailing of such notice, all benefits of membership shall be fully terminated.

8.4(2) Rescinded, effective April 20, 1983.

510-8.5(512A) Fees, dues and assessments. Benevolent associations may make charges against the membership in the form of benefit assessments, enrollment fees or dues and operational expense fees.

8.5(1) An enrollment fee or dues to cover initial expenses may be charged but such fees or dues shall not exceed ten dollars per enrollee membership. If two or more enrollees are in one family, the enrollment fee shall not exceed eight dollars for each person, provided that the family unit enrolls at the same time.

8.5(2) A benefit assessment may be made against the group or unit membership to cover each valid claim presented by a member or the named beneficiary of a deceased member of that unit or group. The benefit portion of the assessment shall not exceed the maximum benefit payable as stated upon the certificate of membership by more than twenty percent of the maximum benefit payable to the claiming member or beneficiary of a member.

8.5(3) In addition to the benefit contribution an expense fee may be added as a separate item to each assessment or as a separate periodical assessment, provided the expense portion of any assessment represents actual costs directly related to the collection and payment of the certificate benefit, and further provided that said fee is identified as an expense charge. Reasonable directors' fees and salaries of officers shall be considered as expenses to the association.

8.5(4) Any assessment levied against the members of a group or unit, other than any reasonable corporate dividends or undivided profits as declared by the board of directors, shall be considered as trust funds belonging to the members of the group and shall not become the property of the association itself, except for that portion of the assessment or contribution added as a separate item for expenses in the collection and distribution of such fund.

510-8.6(512A) Reserve fund. Any moneys remaining after the payment of a benefit by the association, except the expense contribution and any reasonable corporate dividends or undivided profits, shall be maintained as a reserve fund to be used only for the benefit of the members of the specific group or unit from which it was collected. Such reserve funds shall be used periodically as determined by the board of directors to pay benefits to a claiming member or the beneficiary of a member without making an assessment against the membership of the group or unit.

Any association in existence before January 1, 1967, having presently in use an equally equitable plan for the periodic distribution of the reserve funds, can continue to use such plan provided it is fully disclosed in writing to the commissioner and has been approved by him for use.

~

~

~

\.,.,~

v

lAC 3/16/83 Insurance[SlO] Ch 9, p.l

Sl0-8.7(512A) Certlftcates. In addition to the requirements of section 512A. 7 as they concern the membership certificates, said certificates shall also contain sufficient information to inform a member or a member's beneficiary on the proper procedure in the filing of a claim, including any limitations or exclusions affecting the claim.

510-8.8(512A) Beneficiaries. In the application for membership, the applicant may designate a beneficiary or beneficiaries. If no beneficiary is named or the named beneficiary or beneficiaries do not survive the member, the estate shall become the beneficiary.

Each association shall have forms to provide for the change of beneficiary in the event a member wishes to change or add a beneficiary.

Sl0-8.9(512A) Mergers. Should the membership of a group or unit fall below fifty percent of its established size as set forth in the plan of operation, such group or unit shall be merged into another existing group in the association and any funds of the depleted membership group shall become the reserve funds of the group into which it is merged.

If the entire membership of an association falls below sixty percent of its established size as described in its plan of operation, such association must make a bona fide attempt to merge with another such association to protect the interests of the remaining members. Any reserve funds of the merging association shall become the reserve funds of the surviving merged association. If merger attempts are unsuccessful, the association must present a plan of reorganization to the commissioner for his approval.

510-8.10(512A) Directors and officers. Each benevolent association shall have at least three persons on its board of directors at all times and shall have more than one person act as corporate officer.

510-8.11(512A) Stockholders. If any benevolent association issues stock, such association shall have its stock owned by more than one stockholder.

510-8.12(512A) Bookkeeping and accounts. Each benevolent association shall maintain a set of books and records in accordance with normally accepted accounting procedures. Such books and records shall be used to supply the information requested in the annual statement provided each year by the insurance commissioner.

These rules are intended to implement Iowa Code chapter 512A. [Filed November 30, 1967]

[Filed 2/23/83, Notice 1119/83-published 3/16/83, effective 4/20/83]

CHAPTER 9 REPORTING REQUIREMENTS ON LICENSES

510-9.1(258A). Definitions. 9.1(1) "Commissioner" means the commissioner of insurance. 9.1(2) "Incident" means an act or omission for which a claim of legal liability arising

from negligence, careless acts or omissions in the conduct of a profession or occupation as a licensee has been asserted against the licensee and which has been reported as a claim to an insurer under an insurance policy which affords legal liability coverage for such act or omission to the licensee as an insured.

9.1(3) "Insurer" means every insurer which has in effect or hereafter issues legal liability insurance in this state.

9.1(4) "License" means the professional or occupational "license", "registration" or "certification", including derivations of each, issued by a licensing board.

9.1(5) "Licensee" means a person to whom a license has been issued by a licensing board.

9.1(6) "Licensing board" means each board defined in Iowa Code section 258A.l.

Ch 9, p.2 Insurance[SlO] lAC 3/16/83

9.1(7) "Report" shall mean form ID-1, a copy of which is hereafter attached and by ~ this reference made a part of these rules.

510-9.2(258A) Insurer's duties. Insurers are required to file with the commissioner, in duplicate, a report describing each incident occurring on or after January 1, 1978. This provision may be complied with by filing a form containing information substantially similar to that required by the report. Such report shall be filed within thirty days after the claim is reported to the insurer.

510-9.3(258A) Commissioner's duties. 9.3(1) The commissioner shall immediately forward to the indicated licensing board one

copy of every such report received from an insurer. 9.3(2) The commissioner shall maintain one copy of every such report and shall record

the fact of its receipt and forwarding. \..,~

Form ID-1

BEFORE THE COMMISSIONER OF INSURANCE OF THE STATE OF IOWA

LICENSEE REPORT

This report is filed pursuant to the requirements of Iowa Code chapter 258A. This report must be filed with the Commissioner within 30 days after the claim is reported to the insurer. insurer.

Insurer ________________ Your claim#--------Address ----------------

Name of licensee insured----------------------Address of licensee insured-----------------------

License held Issuing licensing board Name and address of claimant ---------------------

Date of loss

Brief description of circumstartces precipitating claim.

Date filed by insurer

Signature of person filing

These rules are intended to implement Iowa Code section 258A.4(1)"i'' [Filed 2/3/78, Notice 12/14/77-published 2/22/78, effective 3/30/78] [Filed 2/23/83, Notice 1119/83-published 3/16/83, effective 4/20/83]

u

lAC 3/16/83 Insurance[ 51 0] Ch 19, p.1

510-15.92(5078) ApplicabUity. This rule shall apply to all contracts delivered or issued for delivery in this state on or after the effective date of this rule and to all existing contracts which are amended or renewed on or after the effective date of this rule.

510-15.93(5078) Unfair discriminatory acts or practices. The following is hereby identified as an act or practice which constitutes unfair discrimination between insureds of the same class: Providing, under a contract, any benefit for services received by a resident in a ''skilled nursing facility" as defined in section 135C.1(3) of the Code if the same benefit is not also provided for the same services when received by a resident in an "intermediate care facility" as defined in section 135C.l (2) of the Code.

These rules are intended to implement section 5078.4(7) of the Code. [Filed 8/1/63, amended 11/21/63, 11/16/65, 1/13/71, 10/11/72, 7/3175] [Filed 12/1/75, Notice 10/6/75--published 12/15/75, effective 1/20/76] [Filed 2/17/76, Notice 12/15/75--published 3/8/76, effective 4/13/76] [Filed 4/26/76, Notice 3/22/76--published 5/3/76, effective 6/9/76] [Filed 9/14/76, Notice 6/14/76--published 10/6/76, effective 7 /1/77]

[Filed 1/1/77, Notice 10/20/76--published 1/26/77, effective 3/2/77] [Filed emergency 12/12/77-published 12/28/77, effective 1/1/78]

[Filed 12/21/78, Notice 10/4178-published 1/10/79, effective2/15/79*] [Filed 2/1/80, Notice 12/12179-published 2/20/80, effective 3/26/80]

[Filed 11/5/81, Notice 9/2/81-published 11/25/81, effective 12/31/81**] [Filed emergency 2/26/82-published 3/17/82, effective 3/1 1/82]



CHAPTER 19 PREARRANGED FUNERAL PLANS

510-19.1(523A) Forms. The following forms shall be utilized by sellers of funeral services or funeral merchandise by financial institutions in complying with Iowa Code chapter 523A, relating to sales of prearranged funeral plans:

'\..wl •The Administrative Rules Review Committee at their February 13, 1979 meeting delayed the effective date of rules IS.90 to IS.93 seventy days.

••Effective date (12131/81) or rules 15.9 and IS.JI delayed seventy days by the Administrative Rules Review Committee.

Ch 19, p.2 lnsurance[510]

FORM lE-1

ANNUAL NOTICE BY SELLER OF FUNERAL SERVICES OR FUNERAL MERCHANDISE TO COUN'l'Y RECORDER

To the County Recorder of County:

lAC 3/16/83

Pursuant to Iowa Code ch. 523A, you are herehy notified of the follo\-:ing information relative to funds paid towards prearranged funeral plans entered into by the seller of funeral services or funeral merchandise in the previous calendar year as set forth below:

Names/s, address/es and telephone numbers of financial institution/s

holding funds

Name/s on Account/s, Trust Agrecment/s or fund/s (if a common

trust, so state) __________________________________________ __

Account Number/s

Date/s Funds Received ________________________________________________ ___

Amount/s of Fund/s Received ____________________________________ __

Interest earned as of the date of this filing ______________________ __

Officer or Employee

Seller of Funeral Serv~ces or Funeral Merchandise

Address

DATE

This report is confidential and should not be made available for inspection or copying by any person except the county attorney or a representative of the county attorney.

lAC 3/16/83 Insurance[ 510]

FORM lE-2

ANNUAL NOTICE BY FINA~CIAL INSTITUTION TO COUNTY RECORDER

To the County Recorder of

Ch 19, p.3

County:

Pursuant to Iowa Code ch. 523A, you are hereby notified of the following information relative to funds paid toward prearranged funeral plan/s deposited in the previous calendar year with the financial institutions set forth below.

Name of Seller of Funeral Services or Funeral Merchancisc

Name on Account/s or Trust Agreernent/s (if a common trust,

so state) ________________________________________________________ _

Account Nurnber/s ____________ ·--------

Date/s Funds Deposited ________________________________________ __

Arnount/s of Fund/s Deposited ________________________________ __

Interest earned as of the date of this filing ____________ __

Officer or Employee

Financial Institution

Address

Date

This report is confidential and should not be made available for inspection or copying by any person except the county attorney or a representative of the county attorney.

·n

n

-..... -:.,

lAC 3/16/83 Insurance[S 1 0]

FORM lE-3

ANNUAL STATEMENT BY SELLER OF FUNERAL SERVICES OR FUNERAL MERCHANDISE TO COUNTY ATTORNEY

To the County Attorney of ---------------------- County:

Pursuant to Iowa Code ch. 523A, as County Attorney,

Ch 19, p.4

you, or your designee, is hereby authorized by the undersigned to investigate, audit, and verify all funds, accounts, safety deposit boxes, and other evidence of accounts or trusts held by or in the follm-1ing financial institutions pursuant to prepaid funeral plans:

\..j Financial institution/s holding funds _________________________ __

Name on Account/s or Trust Agreernent/s (if a common trust, so

state ------------------- --------·--·.- ·-----------

Account number/s ______________________________________________ __

Date Agreernent/s filed with County Recorder ______________ _

Subscribed and sworn to before

me this ___________ day of

-------------' 19 __ __

Notary Publl.c

County ·and ··state

Officer

Seller of Funeral Services or Funeral Merchandise

Address

Date

This rule implements Iowa Code chapter 523A. [Filed emergency after Notice 2/23/83, Notice 1/19/83--published 3/16/83,

effective 2/23/83]

Ch20, p.1 Insurance[510] lAC 8/11/75, 12/10/80

PROPERTY AND CASUALTY INSURANCE

CHAPTER 20 PROPERTY AND CASUALTY INSURANCE RATE AND

FORM FILING PROCEDURES

510-20.1(515,515A,515C,518,518A,520) General requirements. 20.1 (1) All filings submitted to the Iowa department of insurance must be accompanied

by a prepaid self-addressed envelope large enough to contain all copies of material requested to be returned.

20.1(2) If filing is submitted on behalf of more than one insurance company, copies of materials for each company should be assembled and collated before submission to this department. If the filing is the same for all companies only one set of forms or rates in duplicate is necessary unless a rating bureau is involved whereby another copy is required. 1.......,1

20.1(3) If submission is a combination forms and rate filing, the department wiii retain two copies of the filing for its files. If the company desires a copy of the form stamped "APPROVED" for its own files, a third copy of the filing should be included with the submission. If the filing is a deviation from a bureau filing, the insurer shall provide an extra copy of the filing for the appropriate rating bureau and a prepaid envelope addressed to the bureau which is large enough to contain the materials to be forwarded.

20.1 (4) If more than four forms are submitted for review with one submission, the filing shall contain a separate sheet listing forms by descriptive caption and identifying form number.

u

lAC 3/16/83 Insurance[510] Ch 45, p.1

health maintenance organization as often as is deemed necessary to enable the commissioner to carry out the duties of chapter 5148, The Code.

This rule is intended to implement section 5148.12, The Code. [Filed March 18, 1974]


Appeared as ch 12, July 1974 Supplement

CHAPTERS 41 TO 44 Reserved

INSURANCE HOLDING COMPANY SYSTEMS

CHAPTER45 INSURANCE HOLDING COMPANY

SYSTEMS (Appearedasch11,19731DR)

S10-45.1(521A) Purpose. The purpose of these rules is to set forth rules and procedural requirements which the commissioner deems necessary to carry out the provisions of Iowa Code chapter 521A. The information called for by these rules is hereby declared to be necessary and appropriate in the public interest and for the protection of policyholders in this state.

This rule is intended to implement Iowa Code section 521A.8. 510-45.2(521A) Deftnitions. As used in these rules unless otherwise required by the context:

45.2(1) "Executive officer" means any individual charged with active management and control in an executive capacity (including a president, vice-president, treasurer, secretary, controller, and any other individual performing functions corresponding to those performed by the foregoing officers) of a person, whether incorporated or unincorporated.

Ch 45, p.2 Insurance[510] lAC 7/1/75

45.2(2) "Foreign insurer" shall include an alien insurer except where clearly noted otherwise.

45.2(3) "Ultimate controlling person" means that person who is not controlled by any other person.

45.2(4) Other terms found in these rules and in section 521A.l entitled "Definitions" shall retain the meaning as found in such section.

510-45.3(521A) Subsidiaries of domestic Insurers. The authority to invest in subsidiaries under section 521A.2(3) is in addition to any authority to invest in subsidiaries which may be contained in any other provision of the insurance code.

An investme.nt by a subsidiary under section 521A.2(3) "c" may cause the total investment of the insurer to exceed any of the limitations contained in any of the individual Code provisions referred to in section 521A.2(3)"c" provided that it does not exceed the aggregate amount which could be invested under all of those provisions with respect to the type of asset involved.

510-45.4(521A) Control acquisition of domestic Insurer. Any person required to tile a statement pursuant to section 521A.3 entitled "Acquisition of control of or merger with domestic insurer," shall furnish an the information requested on FORM A hereto annexed and hereby made a part of these rules.

45.4(1) If the person being acquired is a "domestic insurer" solely because of the provisions of section 521A.3(1), the name of the domestic insurer on the cover page should be as follows: "ABC Insurance Company, a Subsidiary of XYZ Holding Company."

45.4(2) Where a domestic insurer, including any other person controlling a domestic insurer, unless such other person is either directly or through its affiliate primarily engaged in business other than the business of insurance is being acquired, references to "the insurer" contained in FORM A shall refer to both the domestic subsidiary insurer and the person being acquired.

45.4(3) The applicant shall promptly advise the commissioner of any changes in the information so furnished arising subsequent to the date upon which such information was furnished but prior to the commissioner's disposition of the application.

45.4(4) Exemptions. No statement need be tiled and no approval by the commissioner is required pursuant to section 521A.3 if the company being acquired is considered a domestic insurer solely by reason of section 521A.3(1) and provided such acquisition is subject to disclosure requirements in said company's state of domicile substantially similar to those imposed by section 521A.3.

510-45.5(521A) Registration of lnsuren. Any insured required to tile a statement pursuant to section 521A.4 shall furnish all the information required on FORM B hereto annexed and hereby made a part of these rules.

45.5(1) An amendment to FORM B shall be filed within fifteen days after the end of any month in which the following occurs:

a. There is a change in the control of the registrant, in which case the entire FORM B shall be made current;

b. There is a material change in the information given in Item 5 or Item 6 of FORM Bin which case the respective item shan be made current.

45.5(2) Any other amendment to FORM B shall be filed within ninety days after the end of each fiscal year of the ultimate controlling person of the insurance holding company system. Such amendment shall make 'current all information in FORM B.

510-45.6(521A) Alternative and consolidated registrations. Any authorized insurer may file a registration statement on behalf of any affiliated insurer or insurers which are required to register under section 521A.4. A registration statement may include information regarding any insurer in the insurance holding company system even if such insurer is not

lAC 7/1175 Insurance[510] Ch 45, p.9

"--! (6) Reinsurance agreements covering all or substantially all of one or more lines of insurance of the ceding company.

No information need be disclosed if such information is not material. Sales, purchases, exchanges, loans or extensions of credit or investments involving one-half of one percent or less of the Registrant's admitted assets as of the 31st day of December next preceding shall not be deemed material.

The description shall be in a manner as to permit the proper evaluation thereof by the commissioner, and shall include at least the following: The nature and purpose of the transaction; the nature and amounts of any payments or transfers of assets between the parties; the identity of all parties to such transaction; and relationship of the affiliated parties to the Registrant.

Item 6. Litigation or administrative proceedings. A brief description of any litigation or administrative proceedings of the following types,

either then pending or concluded within the preceding fiscal year, to which the ultimate controlling person or any of its directors or executive officers was a party or of which the property of any such person is or was the subject; give the names of the parties and the court or agency in which such litigation or proceeding is or was pending:

(a) Criminal prosecutions or administrative proceedings by any government agency or authority which may be relevant to the trustworthiness of any party thereto; and

(b) Proceedings which may have a material effect upon the solvency or capital structure of the ultimate holding company including, but not necessarily limited to, bankruptcy, receivership or other corporate reorganizations.

Item 7. Financial statements and exhibits. (a) Financial statements and exhibits should be attached to this statement as an

appendix, but list under this item the financial statements and exhibits so attached. (b) The financial statements shall include the annual financial statements of the ultimate

controlling person in the insurance holding company system as of the end of the person's latest fiscal year.

If at the time of the initial registration, the annual financial statements for the latest fiscal year are not available, annual statements for the previous fiscal year may be filed and similar financial information shall be filed for any subsequent period to the extent such information is available. Such financial statements may be prepared on either an individual basis, or unless the commissioner otherwise requires, on a consolidated basis if such consolidated statements are prepared in the usual course of business.

Unless the commissioner otherwise permits, the annual financial statements shall be accompanied by the certificate of an independent public accountant to the effect that such statements present fairly the financial postion of the ultimate controlling person and the results of its operations for the year then ended, in conformity with generally accepted accounting principles or with requirements of insurance or other accounting principles prescribed or permitted under law. If the ultimate controlling person is an insurer who is actively engaged in the business of insurance, the annual financial statements need not be certified, provided they are based on the Annual Statement of such insurer filed with the insurance department of the insurer's domiciliary state and are in accordance with requirements of insurance or other accounting principles prescribed or permitted under the law and regulations of such state.

(c) Exhibits shall include copies of the latest annual reports to shareholders of the ultimate controlling person and proxy material used by the ultimate controlling person; arid any additional documents or papers required by FORM s or regulations sections 0.04 and 0.06.

Ch 45, p.lO Insurance[SlO] lAC 3/16/83

SIGNATURES ~ Signatures and certification of the form as foiiows:

SIGNATURE Pursuant to the requirements of 521A.4 of the Code and Regulation No. 4.01, the Regis· trant has caused this registration statement to be duly signed on its behalf in the City of ------------------and State of on the day of _________ , 19 __ ,

(SEAL) (Name of Registrant) By __________________ _ (Name) (Title)

Attest:

(Signature of Officer)

(Title)

CERTIFICATION The undersigned deposes and says that he has duly executed the attached registration state· ment dated , 19---, for and on behalf of ----------

<Name of Company)

that he is the ___________ of such company, and that he has authority to (Title of Officer)

execute and file such intrument. Deponent further says that he is familiar with such instru· ment and that the facts therein set forth are true to the best of his knowledge, information and belief.

(Signature)----------------(Type or print name beneath) ---------------------

[Filed 11119/70; amended 12/14/72] [Filed 2/23/83, Notice 1/19/83-published 3/16/83, effective 4/20/83]


SECURITIES

CHAPTER SO REGISTRATION AND OPERATION OF BROKER·DEALERS

(Appeared as ch 17, 1973 ID.R]

510--50.1(502) Broker-dealer application. 50.1(1) Every applicant for an original license to conduct business as a broker-dealer

and every applicant for renewal of such a license shaii submit an application, on the form provided by the administrator, containing the foiiowing information:

a. Form of organization; b. Address of the applicant's principal office; c. Location of all offices in Iowa; d. Names and addresses of all officers or partners; e. Names and addresses of all holders of equity securities of the applicant; f. Financial statements suitable to the administrator; g. Copy of articles of incorporation or the partnership agreement; h. Name of person in charge of applicant's business in Iowa; i. General plan of business; j. Length of time entity has conducted securities business; k. List of states in which application to become dealer is pending; I. List of states in which dealer is registered; m. List of states in which dealer has been refused license; n. List of states in which dealer's license has been suspended, revoked or withdrawn;

lAC 12/22/82, 3/2/83 Merit Employment[570) Ch 14, p.1a

\_,.) to provide vacation leave to prevent any loss of vacation allowance or accrual. Vacation leave need not be taken in periods of one week or more.

14.2(2) Probationary and permanent part-time classified employees shall earn vacation allowance in an amount proportionate to that which would be earned under full-time employment.

14.2(3) Vacation allowance shall not be earned by any classified employee who is on sick leave without pay, leave without pay, suspension, layoff, disability leave, full worker's compensation leave or educational leave.

14.2(4) A classified employee who is transferred from one state agency or department to another state agency or department shall be credited with the vacation allowance accrued.

14.2(5) A classified employee who is separated from state employment by layoff, resignation, discharge, death or otherwise, shall be paid or have payment made according to law for any accrued vacation.

~ 14.2(6) All accrued vacation may be paid to a classified employee at the appointing authority's discretion, before the employee is granted any leave without pay status, except as otherwise provided in these rules.

14.2(7) Vacation leave shall be charged on the employee's work day basis. Officially designated holidays falling within an employee's vacation leave shall not be counted against the employee's accrued vacation.

14.2(8) If an employee is hospitalized while on paid vacation leave, that portion of the paid vacation leave spent in the hospital may be switched retroactively to and charged against the employee's accrued sick leave upon satisfactory proof of the hospitalization period.

14.2(9) Vacation leave shall not be granted in excess of the amount accrued. 14.2(10) Vacation leave shall be cumulative only to twice the employee's annual rate of ac

crual, but vacation earned under 14.3(4) shall not be counted in the accrual accumulation. An appointing authority may require a classified employee to take vacation leave whenever in its

~ administrative judgment such action would be in the best interests and for the efficiency of the agency. No classified employee shall be required to reduce accrued vacation to less than eighty hours and the employee shall be given reasonable notice of the appointing authority's determination.

14.2(11) One week of vacation shall be equal to the number of hours in the employee's normal, regular work week.

14.2(12) Any employee who is laid off or who applies for or receives long-term disability payments, and subsequently returns to state employment within two years from the date of separation, shall have previous continuous service and the period of separation counted toward the vacation accrual rate. Employees who decline recall from preferred employment and employees who are rehired but subseQuently terminate are ineligible for prior service credit if later re-employed during that same two-year period.

'-..) Subrule 14.2(12) shall be retroactive to January 1, 1980.

570-14.3(19A) Sick-leave. Probationary or permanent classified employees shall accrue sick leave with full pay at the rate of one and one-half working days for each complete month of full-time employment subject to the following conditions:

14.3(1) Accrued sick leave may be used during a period when an employee is unable to perform his/her duties because of medically related disabilities; for physical or mental personal illness; medical, surgical, dental or optical examination or treatment; or when performance of assigned duties would jeopardize the employee's health or recovery. Personal disabilities caused by pregnancy or recovery therefrom shall be covered by sick leave.

14.3(2) Sick leave shall not be used for vacation leave. 14.3(3) Sick leave shall not be granted in excess of the amount accrued. 14.3(4) There is no limitation on the accumulation of sick leave. An employee who is eligi

ble for accrued vacation and sick leave benefits, and who has accumulated thirty days of sick leave, may elect to accrue up to one-half day of additional vacation in lieu of up to one and one-half days of sick leave for each full month when sick leave is not used during that month,

Ch 14, p.2 Merit Employment[570] lAC 7/22/81, 3/16/83

subject to the comptroller's limitation on converted sick leave vacation accrual. ~ 14.3(5) In all cases when a classified employee has been absent on paid sick leave, the em

ployee shall immediately upon return to work submit a statement that the absence was due to illness or other reasons stated in 14.3(1). Where absence exceeds three working days, the reasons shall be verified by a physician or other authorized practitioner unless waived by the appointing authority. For a lesser period of absence the appointing authority may require proof of illness or other reasons set forth in 14.3(1). In all cases sick leave shall not be granted until authorized by the appointing authority.

lAC 3/16/83 Planning and Programming[630] Analysis, p.3

CHAPTER 17 EMERGENCY ENERGY

ASSISTANCE PROGRAM

17.1 (7 A) Purpose 17. 2(PL 94-341) Eligible households 17.3(PL 94-341) Local administering agen-

cies 17 .4(7 A) Public Information ·

CHAPTER18 ENERGY CONSERVATION PROGRAM 18 .1 (7 A) Purpose 18.2(PL94-341) Eligible households 18.3(PL94-341) Local administering

agencies 18.4(7 A) Public information

CHAPTER19 IOWA JOB TRAINING PARTNERSHIP

PROGRAM 19.1(7A,29U.S.C. 1501 et seq.) Assump

tion of responsibility

19.2(7A,29U.S.C. 1501 et seq.) Purpose 19.3(7A,29U.S.C. 1501 et seq.) Definitions 19.4(7A,29U.S.C. 1501 et seq.) State job

training co-ordinating council

19.5(7A,29U.S.C. 1501 et seq.) Service delivery area designation

19.6(7A,29U.S.C. 1501 et seq.) Consortium agreements

CHAPTER 20 1980-1981 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LIEAP)

20.1 (PL96-223,45CFR206.196) Purpose 20.2(PL96-223) Income eligibility 20.3(PL96-223) Program criteria 20.4(PL96-223) Local administering agen-

cies 20.5(PL96-223,45CFR206) Appeal and

hearing procedure

20.6(PL96-223) Public information

CHAPTER 21 Reserved

CHAPTER 22 COMMUNITY SERVICES

BLOCK GRANT 22.1 (7 A) Purpose 22.2(7 A) Definitions 22.3(7 A) Apportionment distribution 22.4(7 A) Eligibility requirements 22.5(7 A) Distribution to eligible appli-

cants 22.6(7 A) Application submission 22. 7(7 A) Review and approval of appli-

cations 22.8(7 A) Payments 22.9(7 A) Amendments 22.10(7A) Project periods 22.11(7A) Ineligible items 22.12(7A) Audits and records

CHAPTER 23 COMMUNITY DEVELOPMENT

BLOCK GRANT NONENTITLEMENT PROGRAM

23.1 (7 A) Definitions 23.2(7A) Goals and objectives 23.3(7A) Eligibility 23.4(7A) Eligible and ineligible activities 23.5(7A) Application requirements 23 .6(7 A) Selection criteria 23.7(7A) Funding allocation 23 .8(7 A) Administration 23.9(7A) Miscellaneous

CHAPTER 24 COMMUNITY DEVELOPMENT BLOCK GRANT TECHNICAL

ASSISTANCE PROGRAM 24.1(7A,PL97-35) Purpose 24.2(7 A,PL97-35) Eligibility requirements 24.3(7A,PL97-35) Distribution of funds 24.4(7A,PL97-35) Grant application

submission 24.5(7A,PL97-35) Project review and

selection

lAC 9/21177 Planning and Programming[630] Ch 18, p.l

CHAPTER 18*

ENERGY CONSERVATION PROGRAM (ECP)

630-18.1(7A) Purpose. Pursuant to a grant from the Community Services Administration (CSA) under the provisions of section 222(a)(12) of the Economic Opportunity Act of 1964, as amended, the office for planning and programming (OPP) has administered a special crisis intervention program beginning on or about July 11, 1977 and ending August 31, 1977. As of August 31, 1977, aU unexpended funds from the Special Crisis Intervention Program (SCIP) are to be converted to an ECP with the emphasis on weatherization of low-income occupied homes, on or about September 15.

The purpose of this program is to relieve the financial burden of high energy costs for low-income persons, particularly elderly and handicappe~. and to conserve needed energy resources through weatherization and retrofitting their dwemngs.

630-18.2(PL94-341) Eligible households. AU households assisted by this program must meet income eligibility guidelines.

18.2(1) Only households with incomes no higher than one hundred twenty-five percent of the Community Services Administration guidelines may be assisted by this program.

125% Of Community Services Administration Poverty Income Guidelines

Family Size. 1 2 3 4 5 6

Nonfarm Family $3,713 4,913 6,113 7,313 8,513 9,713

Farm Family $3,188 4,200 5,213 6,225 7,238 8,250

For family units with more than six members, add $1,200 each for nonfarm family and $1,013 for each farm family.

18.2(2) Both owner-occupied and· renter-occupied dwellings may be weatherized. However, in the latter case, rental units occupied by low-income shaH be weatherized providing benefits accrue primarily to the low-income tenants, rents are not raised because of the weatherization, and no undue or excessive enhancement occurs to the value of the dwelling units.

18.2(3) Further program criteria is contained in the Iowa state plan for CSA weatherization program which is on file at OPP and is available for public inspection between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday.

630-18.3(PL94-341) Local administering agencies. OPP shaH administer this program by utilizing community action agencies (CAAs) as local administering agencies as required by p. L. 94-341.

Funds shaH be aHocated to the CAAs using a formula based on the number of low-income, owner-occupied dwe]]ings, the percentage of persons over sixty years of age, and degree days of the geographical area to be served.

The formula and donar anocations to each CAA are on file at OPP and are available for public inspection between the hours of 8:00a.m. and 4:30p.m. Monday through Friday.

CAAs will be required to sign a delegation agreement which specifies aJlowable program activities, CSA regulations and special conditions, participant and fiscal reporting to OPP, participant forms and audit requirements. CAAs will be required to furnish forty percent local matching support as required by CSA regulations.

•Emergency, pursuant to §17A.S(2)"b" of the Code.

Ch 18, p.2 Planning and Programming[630] lAC 3/16/83

At least ninety percent of all funds will be used for the purchase of weatherization materials, i.e., insulation, storm windows and doors, caulking, weather stripping, and other \.,..,) related items.

In accordance with CSA instruction 6143-1a and P.L. 94-341, a maximum of ten percent is allowed for administration costs.

630--18.4(7 A) Public Information. All parties interested in further information concerning the energy conservation program should contact the Energy Conservation Co-ordinator, Office for Planning and Programming, 523 E. 12th Street, Des Moines, Iowa 50319. Telephone: (515) 281-3855. CSA poverty guidelines, delegate agreements, applications and OPP reporting forms are on file at the ab<?ve address and are available for public inspection between the hours of 8:00a.m. and 4:30p.m., Monday through Friday.


CHAPTER 19 IOWA JOB TRAINING PARTNERSHIP PROGRAM

630-19.1(7A,29 U.S.C. 1501 et seq.) Assumption of responsibility. Pursuant to Executive Order 47, signed on December 29, 1982, by the Honorable Governor Robert D. Ray, the office for planning and programming is the administering state agency for the Job Training Partnership Act (JTPA, P.L. 97-300) empowered to act on the governor's behalf in applying for and receiving JTP A funds; to establish by administrative rule such procedures and policies in accordance with state and federal law as are reasonable and necessary to administer JTP A and transition from the Comprehensive Employment and Training Act (CET A) to JTP A; and to establish by administrative rule such policies and procedures applicable to the state job training co-ordinating council as are necessary to conform to JTP A and provide efficient 1...-J council operations.

This rule is intended to implement Executive Order 47 and 29 U.S.C. 1501 et seq.

630-19.2(7A,29 U.S.C. 1501 et seq.) Purpose. The purpose of the Iowa Job Training Partnership Act program is to establish programs to prepare youth and unskilled adults for entry into the labor force and afford job training to those economically disadvantaged individuals and others facing serious barriers to employment who are in special need of such training, and will benefit therefrom, to obtain productive employment.


630-19.3(7A,29 U.S.C. 1501 et seq.) Definitions. (reserved)

630-19.4(7A,29 U.S.C. 1501 et seq.) State job training co-ordinating council. Pursuant to ~ Executive Order 47, there is created, within the executive offices of the state, the State Job Training Co-ordinating Council (SJTCC). Laws, regulations and orders governing the compo-sition, functions, powers and purposes of SJTCC are found in Section 122 of JTPA (29 U .S.C. 1532), 20 CFR Parts 627 and 628, and Executive Order 47. By-laws, minutes of meet-ings, meeting agenda and other matters of public information are available on written request at the council's address, Office for Planning and Programming, 523 East 12th Street, Des Moines, Iowa 50319.


630-19.5(7A,29 U.S.C. 1501 et seq.) Service delivery area designations. 19.5(1) Governor's proposed service delivery areas. After receiving the recommendations

of the state job training co-ordinating council the office for planning and programming shall \ 1

publish in a daily newspaper of general circulation in the state the governor's proposed ~ designation of service delivery areas.

lAC 3/16/83 Planning and Programming[630] Ch 19, p.2

19.5(2) Public comment. Units of local government, business organizations, and other affected persons or organizations may make written comments on the proposed service delivery areas to the Director, Division for Human Resource Co-ordination, Office for Planning and Programming, 523 East 12th Street, Des Moines, Iowa 50319, no later than thirty days from the date of publication under 19.5(1) above.

19.5(3) Petitions for alternative service delivery area designation. No later than thirty days from the date of publication of the governor's proposed designation of service delivery areas any unit of general local government or consortium of contiguous units of general local government which serves a substantial portion of a labor market area, may petition for alternative service delivery area designation. Petitions under this subrule shall be submitted to the Director, Division for Human Resource Co-ordination, Office for Planning and Programming, 523 East 12th Street, Des Moines, Iowa, 50319, and shall include:

a. The name or names of the unit or units of general local government in the proposed alternative service delivery area.

b. The aggregate population of those unit or units according to the 1980 U.S. Census data. c. In the case where the proposed alternative service delivery area contains more than one

unit of general local government or less than 200,000 aggregate population, a statement describing how the proposed alternative service delivery area serves a substantial portion of a labor market area.

d. A statement indicating how the proposed alternative service delivery area will promote effective delivery of job training services.

e. In the case where the proposed alternative service delivery area represents a consortium of units of general local government, a letter of intent executed pursuant to law by each unit of general local government in the proposed alternative service delivery area which indicates that each such unit:

(1) Endorses the petition. (2) Will timely amend its consortium agreement, to conform .to Iowa Code chapter 28E

and these rules. 19.5(4) Appeal of petition for alternative service delivery area designation. Where the

governor denies a petition for alternative service delivery area designation, which alleges-a. The petitioning unit of general local government has a population of 200,000 or more, or b. The petitioning consirtium of contiguous units of general local government has an aggre

gate population of 200,000 or more and serves a substantial part of a labor market area, the petitioning entity may appeal the denial to the Secretary, U.S. Department of Labor, Washington, D.C., 20210. To be heard, the appeal must be filed within thirty days of receipt of such denial.

19.5(5) Publication of final service delivery area designations. After the governor makes a final designation of service delivery areas in the state, the office for planning and program:.. ming shall cause to be published notice of the same in a daily newspaper of general circulation in the state.


630-19.6(7A,29 U.S.C. 1501 et seq.) Consortium agreements. 19.6(1) Submission date. Subject to subrules 19.6(2) and 19.6(3), units of general local

government in a final service delivery area shall, jointly with all other such units in the final service delivery area, submit within thirty days from the date of publication of the final service delivery area designation a consortium agreement which satisfies Iowa Code chapter 28E and these rules.

19.6(2) Extension. Where the units of general local government provide evidence of just cause, the governor may, in the governor's discretion, extend the thirty day consortium agreement submission date.

19.6(3) Election not to participate. Where a unit of general local government in a service delivery area does not wish to participate in the Iowa Job Training Partnership Act program. by entering a consortium agreement such unit shall by board resolution or other appropriate

Ch 19, p.3 Planning and Programming[630] lAC 3/16/83

legal action indicate its election to not so participate. Proof of adoption of a resolution electing not to participate shall be submitted within thirty days of the publication of the final service delivery area designation to the governor. During the program year October 1, 1983, to June 30, 1984, such an election shall act as a bar to that unit's participation in the Iowa Job Training Partnership Act program for four months. Thereafter, such election shall be effective for one year.

19.6(4) Elements of consortium agreement. In addition to conforming to Iowa Code chapter 28E, each consortium agreement shall designate:

a. The person or persons who will appoint that service delivery area's private industry council.

(I) Where there exists only one unit of general local government with prior experience in administering job training programs within the service delivery area, the chief elected official of that unit shall appoint the members of the private industry council.

(2) Where there exists more than one unit of general local government in the service delivery area with such prior experience, the chief elected officials of those units of general local government shall reach an agreement among themselves as to which official or officials shall appoint members to the private industry council.

(3) Where there exists no unit of general local government with prior experience in administering job training programs within the service delivery area, the person or persons designated by the Iowa Code chapter 28E agreement executed by all participating units of general local government in the service delivery area shall appoint the private industry council.

b. The person or persons who will represent all participating units of general local government in the consortium in:

(1) Negotiating and approving an agreement with the private industry council as required by 29 u.s.c. 1513;

(2) Approving that service delivery area's job training plan; and (3) Submitting, jointly with the private industry council that service delivery area's job

training plan. 19.6(5) Consortium agreement approval. Before a consortium agreement required by this

rule shall be operational, it shall be submitted to and approved by the Director, Office for Planning and Programming, 523 East 12th Street, Des Moines, Iowa 50319.

This rule is intended to implement Iowa Code section 7 A.3 and the Governor's Executive Order 47 (1982).


lAC 12/26179 Public Safety[680]

680-5.305(101) All self-se"ice motor fuel dispensing stations. 5.305(1) Self-service locations.

Ch 5, p.13

a. Public self-service stations dispensing Class I liquids shall have an attendant on duty within 60 feet of the dispensing units, measured from the attendant's main access door.

b. Private locations. Dispensing of liquids at private locations, where the dispensing equipment is not open to the public, does not require an attendant or supervisor. Such private locations may include card or key controlled dispensers.

c. No dwelling unit or sleeping facilities for the attendant shall be maintained in or on the premises of any self-service station closer than 100 feet from Class I or SO feet from Oass II flammable liquid dispensing devices.

5.305(2)* Dispensing aboveground tanks. The dispensing of flammable or combustible liquids from aboveground tanks into the fuel tanks of motor driven vehicles shall not be permitted in cities or towns except in conformity with Section 7-7.3.5 NFPA No. 30, 1977 edition, or the "Iowa Standards for the Storage of Flammable and Combustible Liquids on Farms and Isolated Construction Projects."

680-5.306{101) Safety. 5.306(1) Premises shall be kept neat and clean, and free from oil and grease, rubbish,

or trash. Only approved water solutions, or detergents, floor sweeping compounds and grease absorbents shall be used for cleaning floors.

5.306(2) Cleaning of parts, in, or around, the service station shall be done with nonflammable solvent except that a flammable solvent with a flash point above 100° F. may be used for the purpose provided adequate ventilation is supplied and no sources of ignition are present in the cleaning area.

\.,./ 680-5.307(101) Underground leakage and flammable and combustible liquids. The standard of "Underground Leakage of Flammable and Combustible Liquids" No. 329, 1977 edition of the National Fire Protection Association, and the following rule entitled "Testing underground tanks," shall be the rules governing underground leakage of flammable and combustible liquids in the state of Iowa.

680-5.308(101) Testing underground tanks. Air tests of underground tanks containing product shall not be permitted.

5.309 to 5.349 Reserved.

[Filed 10/8/57; amended 1/15/60, 8/31171, 11/24/71, 12/13/72] [Filed 9/7/79, Notice 7/25/79-published 10/3/79, effective 11/8/79*]

[Filed emergency after Notice 12/7/79, Notice 11/14/79-published 12/26/79, effective 1/17/80]

[Filed 9/23/82, Notice 8/4/82-published 10/13/82, effective 11117/82]

\.-,) •Emergency after Notice pursuant to 17A.5(2)"b"(2), The Code. Editor's Note: Subrule 5.305(3) which was delayed 70 days from November 8, 1979, is renumbered and amended as 5.305(2) to be effective January 17, 1980.

Ch5, p.14 Public Safety[680] lAC 3/16/83

OIL BURNING EQUIPMENT

680-5.350(101) Rules generally. ''The Standard for the Installation of Oil Burning Equipment" No. 31, 1978 edition of the National Fire Protection Association with the exception of section 1-10.1, together with its reference to other specific standards referred to and contained within the volumes of the National Fire Code 1982 edition of the National Fire Protection Association published in 1982 shall be the rules governing oil burning equipment in the state of Iowa.

5.350(1) Grade of fuel oil. The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the manufacturer. For use of oil fuels other than those approved and stipulated by the manufacturer see section 1-2.3 of The Standard for the Installation of Oil Burning Equipment, No. 31, 1978, edition of the National Fire Protection Association.

Exception: When acceptable to the authority having jurisdiction, burners designed to burn crankcase oil may be used in commercial or industrial occupancies. Such burners shall be listed for use with crankcase oils and shall be installed in accordance with the manufacturer's instructions and the terms of their listing.

5.350(2) Crankcase oil. When storing, handling, or burning crankcase oils which may have flash points below 100°F (Class I liquids as defined in NFPA 321 Basis Classification of Flammable and Combustible Liquids) or which may be heated above their flash points, attention must be given to electrical installations in areas where flammable vapors or gases may be present in the atmosphere. Typical locations are burner fuel handling equipment areas, fuel storage areas, pits, sumps, and low spots where fuel leakage or vapors may accumulate. Article 500 of the National Electrical Code (NFP A 70) provides for classifying such areas and define requirements for electrical installations in the areas so classified.

5.350(3) Crankcase oil properties may vary considerably, and light volatile materials may be released during storage, handling, or upon heating. Because of this characteristic appropriate and adequate provisions shall be made to safely handle, store and burn crankcase oil. It is desirable that flexibility be built into the facility to accommodate the expected range of properties. Failure to observe the necessary design, installation and operating and maintenance procedures can result in fire, explosion, or personal injury.

5.350(4) ·When a supply tank is used, provisions shall be made to prevent stratification of fuel in the tank.

5.350(5) Adequate ventilation is essential in areas where oil leakage may occur, as at pumps, heaters, strainers and burners, or where maintenance may be performed. Confined fuel handling areas and burner sites shall be adequately ventilated, and forced air ventilation used where necessary. Provisions to safely dispose of spills in these areas are necessary.

5.350(6) Installation shall conform to National Fire Protection Association 70, 1981 edition, National Electrical Code and National Fire Protection Association 30, 1981 edition, Flammable and Combustible Liquids Code.

This rule is intended to implement Iowa Code chapter 101. 5.351 to 5.399 Reserved.

[Filed 1/15/60; amended 12/13/72] [Filed 917/79, Notice 7 /25/79-published 10/3/79, effective 11/8/79*] [Filed 9/23/82, Notice 8/4/82-published 10/13/82, effective 11/17/82] [Filed 2/25/83, Notice 1/19/83-published 3/16/83, effective 4/20/83]

•Effective date of 5.300, 5.301.6, 5.301(7), 5.302, 5.304(2)"c"(2), 5.304(3), 5.304(4), 5.305, 5.350 and 5.351 delayed by the administrative rules review committee seventy days.

lAC 3/16/83 Social Services [770 J Ch 41, p.6a

exempt status of the homestead. The net market value of any other real property shall be considered with personal property.

b. Household goods and personal effects without regard to their value. Personal effects are personal or intimate tangible belongings of an individual, especially those that are worn or carried on the person, which are maintained in one's home, and include clothing, books, grooming aids, jewelry, hobby equipment, and similar items.

c. Life insurance which has no cash surrender value. The owner of the life insurance policy is the individual paying the premium on the policy with the right to change the policy as he/she sees fit.

d. An equity not to exceed a value of $1500 in one motor vehicle. When a person has more than one motor vehicle, the equity value of the additional motor vehicle(s) shall be counted toward the resource limitation in 41.6(1)ueu. When a motor vehicle(s) is modified with special equipment for the handicapped, the special equipment shall not increase the value of the motor vehicle(s).

e. A reserve of other property, real or personal, not to exceed $1000 for the eligible group. Resources of the eligible group shall be determined in accordance with subrule 41.6(2).

f. Money which is counted as income in a month, during that same month; and that part of lump sum income as defined in 41.7(9)"c"(2) reserved for the current or future month's income.

g. Payments which are exempted for consideration as income and resources under subrule 41.7(6).

h. Irrevocable funeral contracts or burial trusts. i. Burial plot(s) when a deed or contract indicates the plot(s) is unavailable. j. Settlements for payment of medical expenses. k. Life estates. I. When the value of any resource is exempted in part, that portion of the value which

exceeds the exemption shall be considered in computing whether the eligible group's property is within the reserve defined in paragraph "e".

41.6(2) Persons considered. a. Resources of persons in the eligible group shall be considered in establishing property

limitations. b. Resources of the parent who has elected to be excluded from the eligible group or who is

excluded due to lump sum income as defined in 41.7(9)"c"(2), or the parent whose needs have been removed from the eligible group because the parent refuses to co-operate with the department in the work incentive program or refuses to assign support or co-operate in establishing paternity or securing support payments or refuses to apply for benefits from other sources or refuses to comply with 41.2(13) and the minor payee living with a self-supporting parent shall be considered in the same manner as if the parent or payee were included in the eligible group.

c. Resources of the stepparent living in the home with the eligible group shall be considered only when determining eligibility of the spouse, with one exception: The resources of a stepparent included in the eligible group shall be considered in the same manner as a parent. The resources of the parent who is ineligible because of the stepparent's resources shall be considered as if the parent were included in the eligible group.

d. The resources of supplemental security income recipients shall not be counted in establishing property limitations.

e. The resources of a nonparental relative who elects to be included in the eligible group shall be considered in the same manner as a parent.

f. When a sponsor is financially responsible for an alien according to subrule 41. 7(10), the resources of the sponsor or sponsor's spouse receiving supplemental security income or aid to dependent children shall not be considered in determining an alien's resource limitation.

g. Resources applied to sponsored aliens shall not be considered in determining the needs of unsponsored members of the alien's family except to the extent the resources are actually available.

·:t .·r·

· .. :~

lAC 3/16/83 Social Services [770] Ch 41, p.6b

41.6(3)* Homestead defined. The homestead consists of the house, used as a home, and may contain one or more contiguous lots or tracts of land, including buildings and appurtenances. When within a city plat, it shall not exceed one-half acre in area. When outside a city plat it shall not contain, in the aggregate, more than forty acres. When property used as a home exceeds these limitations, the equity value of the excess property shall be determined by counting the market value of the excess property less the proportionate amount of legal debts, claims or liens against the total property.

41.6(4) Liquidation. Wheh proceeds from the sale of resources or conversion of a resource of cash, together with other nonexempted resources, exceed the property limitations, the recipient is ineligible to receive assistance until the amount in excess of the resource limitation has been expended unless immediately used to purchase a homestead, or reduce the mortgage on a homestead. Property settlements which are part of a legal action in a dissolution of marriage or palimony suit are considered as resources upon receipt.

a. The resource value of a negotiable mortgage or contract is the amount for which it can be sold or discounted.

b. When the mortgage or contract is a negotiable resource or is a discounted contract retained by the individual, only that portion of the payment received representing interest is considered unearned income. When the interest payment is used to purchase a homestead or reduce a mortgage on a homestead, the monthly interest amount received which is in excess of the monthly payment shall be considered unearned income.

c. When the mortgage or contract is not negotiable, or has no discounted value, it is not considered a resource and the payments received, including principal and interest, shall be considered unearned income.

d. When property is sold on a non-negotiable contract basis and the proceeds are used to purchase a homestead or reduce the mortgage on a homestead, the monthly payments received in excess of the payments made on the homestead mortgage or purchase shall be considered as income.

41.6(5) Net market value defined. Net market value is the gross price for which property or an item can currently be sold on the open market, less any legal debts, claims, or liens against such property or item.

41.6(6) A vai/abi/ity. a. A resource must be available in order for it to be counted toward resource limitations.

A resource is considered available under the following circumstances: (1) The applicant/recipient owns the property in part or in full and has control over it;

that is. it can be occupied, rented, leased, sold, or otherwise used or disposed of at the individual's discretion.

Ch 41, p.7 Social Services [770] lAC 8/18/82

(2) The applicant/recipient has a legal interest in a liquidated sum and has the legal ~ ability to make such sum available for support and maintenance.

b. An applicant/recipient shall take all appropriate action to gain title and control of any resource the value of which would affect eligibility.

c. When property is owned by more than one person, unless otherwise established, it is assumed that all individuals hold equal shares in the property.

d. When the applicant/recipient cannot readily convert an available resource, the value of which would affect eligibility, to cash, the resource shall be considered exempt as long as all of the following conditions exist:

(1) The resource has been publicly advertised for sale and remains for sale, and (2) The asking price for the resource is reasonable, and {3) The applicant/recipient has not refused a reasonable offer on the resource. 41.6(7) Damage judgmellts and insurance settlements. \..,) a. Payment resulting from damage to or destruction of an exempt resource shall be

considered a resource to the applicant/recipient the month following the month the payment was received. When the applicant/recipient signs a legal binding commitment no later than the month after the month the payment was received, the funds shall be considered exempt for the duration of the commitment providing the terms of the commitment are met within eight months from the date of commitment.

b. Payment resulting from damage to or destruction of a nonexempt resource shall be considered a resource in the month following the month in which payment was received.

41.6(8) Trusts. When assets from a trust or conservatorship, except one established solely for the payment of medical expenses, together with other resources exceed resource limitations, the department shall determine whether the assets are available by examining the language of the trust agreement or order establishing a conservatorship. In the absence of evidence to the contrary, funds conserved for care, support, or maintenance shall be con- ~ sidered available. Payments received from the trust or conservatorship for basic or special needs are considered income.

41.6(9)* Special alien cases. When a sponsor is financially responsible for an alien according to subrule 41. 7(10), the resources of the sponsor and the sponsor's spouse in excess of $1500 shall be applied to the alien's resource limitation.

a. When the person described in subrule 41.7(10) sponsors two or more aliens who apply for assistance on or after November 1, 1981, the resources of the sponsor and the sponsor's spouse in excess of $1500 shall be divided equally among the aliens.

b. The resources of a sponsor or sponsor's spouse receiving supplemental security income or aid to dependent children shall be treated in accordance with subrule 41.6(2).

This rule is intended to implement section 239.5, The Code.

710-41.7(239)* Income. All unearned and earned income, unless specifically exempted, ~ disregarded, deducted for work expenses, or diverted as defined in these rules, shall be con-sidered in determining initial and continuing eligibility and the amount of the aid-todependent-children grant. The determination of initial eligibility is a three-step process. Initial eligibility shall be granted only when (1) the countable gross nonexempt unearned and earned income, exclusive of the aid-to-dependent-children grant, received by the eligible group and available to meet the current month's needs is no more than one hundred fifty percent of the standard of need for the eligible group; (2) the countable net unearned and earned income is less than the standard of need for the eligible group; and (3) the countable net unearned and earned income, after applying allowable disregards, is less than the payment standard for the eligible group. The determination of continuing eligibility is a two-step process. Continuing eligibility shall be granted only when (1) countable gross nonexempt income, as described for initial eligibility, does not exceed one hundred fifty percent of the standard of need for the '..~ eligible group; and (2) countable net unearned and earned income is less than the payment

•Emergency, pursuant to Iowa Code§ 17A.S(2)"b"(2).

'~

lAC 3/16/83 Social Services [770] Ch 41, p.7a

standard for the eligible group. The amount of the aid-to-dependent-children grant shall be determined by subtracting countable net income from the payment standard for the eligible group. Child support assigned to the department in accordance with subrule 41.2(7) shall be considered unearned income for the purpose of determining continuing eligibility. Expenses for care of children or disabled adults, deductions, and diversions shall be allowed when verification is provided. The local office shall return all verification to the recipient.

41.7(1) Unearned income. Unearned income is any income in cash or in kind that is not gained by labor or service. Net unearned income, from investment and nonrecurring lump sum payments, shall be determined by deducting reasonable income producing costs from the gross unearned income. Money left after this deduction shall be considered gross income available to meet the needs of the eligible group.

a. Social security income is the amount of the entitlement before withholding of a Medicare premium.

b. Unearned income in kind shall be considered in the same manner as unearned income when such payment is for an item recognized as a basic or special need and represents the full cost of such item, and is made by an individual other than an individual living in a shared arrangement. The chart for determining income in kind in subrule 41.8(2) shall be used to determine the amount of income to apply towards the needs of the eligible group when a payment in kind meets these two conditions.

c. Rescinded, effective9/1180 d. Financial assistance received for education or training. (1) Any financial assistance received for the purpose of education or training shall be

considered as first available for the educational expenses of tuition; books; transportation to and from school; child care necessary for school attendance; board and room when the student does not live at home; and· any other direct verified educational expense. Money left after educational expenses, unless specifically exempt, shall be considered gross income available to meet the needs of the eligible group. When a student has a combination of exempt and nonexempt income for educational purposes, the exempt income shall be considered as first available for the expenses of education.

(2) Transportation shall be considered an educational or training expense only when it is to and from school, including transporting the individual's child or children to and from a child care facility or babysitter, and includes parking fees and bridge tolls. The expense is allowable based on the actual cost of bus transportation as charged in the community as reported; the actual cost of cab transportation as verified by the cab company when cab transportation is necessary due to late school hours, remoteness of the home, disability of the person, opening and closing hours of the child care center, or the impossibility of securing other means of transportation; the current mileage rate paid to state employees when a private motor vehicle is used for a reasonable estimate of miles as reported (reasonable shall mean the estimate is within three miles round trip daily when the mileage is calculated from maps or verified by driving the usual route); payment to ride with another person as verified by receipt; parking meter fees as reported; parking lot fees as verified by receipt; and bridge tolls as reported.

e. When an individual receiving educational assistance from the veterans administration also receives an additional amount for an individual's dependents the amount for the individual's dependents who are in the eligible group shall be counted available as nonexempt income.

f. When the applicant or recipient sells property on contract, proceeds from the sale shall be considered according to subrule 41.6(4).

g. Every person in the eligible group shall apply for benefits for which that person may be qualified and accept those benefits, even though the benefit may be reduced because of the laws governing a particular benefit. The needs of any individual who refuses to co-operate in applying for or accepting benefits from other sources shall be removed from the eligible group. Such individual is not eligible for the earned income disregard in subrule 41. 7(2) uc" or medical benefits.

Ch41, p.7b Social Services[770] lAC 7/7/82

h. Support payments in cash shall be considered as unearned income in determining initial and continuing eligibility.

(1) When child support has been assigned, any cash child support paid to the recipient after the date of decision to approve assistance until the assignment is implemented by the clerk of court shall be refunded to the child support recovery unit. This applies only when the child is a member of the eligible group.

(2) Support income shall be considered as income in the month in which the local office receives an official written report from the child support recovery unit.

i. The applicant or recipient shall co-operate in supplying verification of all unearned income.

j. Every person in the eligible group shall apply for and accept health or medical insurance offered by an employer when it is available and provided at no cost to the applicant or recipient. The needs of any individual who refuses to co-operate in applying for or accepting this insurance shall be removed from the eligible group. The individual is not eligible for the earned income disregard in subrule 41.7(2)"c" or medical benefits.

41.7(2)* Earned income. Earned income is defined as income in the form of a salary, wages, tips, bonuses, commission earned as an employee, income from Job Corps or profit from self-employment. Earned income from commissions, wages, tips, bonuses, Job Corps, or salary means the total gross amount irrespective of expenses of employment. With respect to self-employment, earned income means the profit determined by comparing gross income with the allowable costs of producing the income. Income shall be considered earned income when it is produced as a result of the performance of services by an individual. Advance earned income credit payments shall be considered earned income either when received or when it appears that the applicant or recipient would meet internal revenue service requirements for payment of the credit upon filing an Earned Income Credit Advance Payment Certificate (form W -5). Where an individual who is eligible to receive advance payments of the earned income credit has made all possible efforts to receive advance payments of the earned income credit has made all possible efforts to receive them, but does not receive them because of the refusal of the employer to issue them, the local office shall not count the credit as earned income.

a. Each individual whose gross nonexempt earned income, earned as an employee or net profit from self-employment, is considered in determining eligibility and the amount of the assistance grant is entitled to one standard work expense deduction.

(1) The first $75.00 of nonexempt earned income shall be deducted monthly for a full-time employee. Full-time employment shall be defined as employment of one hundred twenty-nine or more hours per month.

(2) The first $74.00 of nonexempt earned income shall be deducted monthly for part-time employees. Part-time employment shall be defined as employment fewer than one hundred twenty-nine hours per month.

•Emergency pursuant to §17A.5(2)"b"(2}, The Code.

lAC 3/16/83 Social Services[770] Ch41, p.9a

\..! b. The value of the coupon allotment in the food stamp program. , c. The value of the United States department of agriculture donated foods (surplus com-

modities). d. The value of supplemental food assistance received under the Child Nutrition Act and

the special food service program for children under the National School Lunch Act. e. Any benefits received under Title 111-C, Nutrition Program for the Elderly, of the Older

Americans Act. f. Any assistance that is provided in cash or in kind under the emergency energy conserva

tion services program. g. Any payment received under Title II of the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970 and the Federal-Aid Highway Act of 1968. h. Any judgment funds that have been or will be distributed per capita or held in trust for

members of any Indian tribe. When the payment, in all or part, is converted to another type of ~ resource, that resource is also exempt.

i. Payments to volunteers in volunteers in service to America. j. Payments for supporting services or reimbursement of out-of-pocket expenses received

by volunteers in any of the programs established under Titles II and III of the Domestic Volunteer Services Act.

k. Tax-exempt portions of payments made pursuant to the Alaskan Native Oaims Settlement Act.

I. Experimental housing allowance program payments made under annual contribution contracts entered into prior to January 1, 1975, under section 23 of the U.S. Housing Act of 1936 as amended.

m. The income of a supplemental security income recipient. n. Income of a child when the payee has elected to exclude the child from the eligible group. o. The $30.00 weekly incentive allowance and any payment for training and employment

\.__) related expenses made under the Comprehensive Employment and Training Act of 1973. p. Earning and allowances from youth employment demonstration programs established

under the Comprehensive Employment and Training Act of 1973. q. Loans and grants obtained and used under conditions that preclude their use for current

living costs. r. Any loan or grant to any undergraduate student for educational purposes made or in

sured under any program administered by the United States Secretary of Education. s. All earned income of the undergraduate student in a college work-study program

administered by the United States Secretary of Education. t. Any income restricted by law or regulation which is paid to a representative payee, other

than a parent who is the applicant or recipient, unless the income is actually made available to the applicant or recipient by the representative payee.

\...,) 41. 7(7) Exempt as income. The following are exempt as income. a. Reimbursements from a third party. b. Reimbursement from the employer for job-related expenses. c. The following nonrecurring lump sum payments: (1) Income tax refund. (2) Retroactive supplemental security income benefits. (3) Settlements for the payment of medical expenses. (4) Refunds of security deposits on rental property or utilities. (5) That part of a lump sum received and expended for funeral and burial expenses. d. Payments received by the family providing foster care to a child or children when the

family is operating a licensed foster home. e. Any income which is restricted to the sole use of a child being removed from the eligible

group to be placed in aid to dependent children-foster care . ......._; f. Contributions, gifts, and winnings received on less than a quarterly basis, with no

assurance of continuance. g. Income of less than $5.00 per month from any one source. h. Supplementation from county funds providing:

Ch41, p.IO Social Services[770) lAC 7/21182

(I) The assistance does not duplicate any of the basic needs as recognized by the aid to ~ dependent children program, or

(2) The assistance, if a duplication of any of the basic needs, is made on an emergency basis, not as ongoing supplementation.

i. Any payment received as a result of an urban renewal or low cost housing project from any governmental agency unless the cost of shelter is furnished in full.

j. A retroactive corrective payment. k. The training allowance issued by the rehabilitation education and services branch of the

department of public instruction. I. The following payments from the work incentive program: (I) The monthly incentive allowance and daily training allowance for transportation and

lunches for individuals in vocational classroom training and work experience program. (2) The payment for child care. m. The payment for training related expenses to individuals in an individual education and V

training plan. n. The training allowance issued by the commission for the blind. o. Payment(s) from a passenger(s) in a car 41. 7(8)• Treatment of income in sanction/stepparent cases. a. A parent removed from the eligible group for an income maintenance sanction or not

included because of the resource restriction in 41.6(2)"c", or who has elected to be excluded from the eligible group is not eligible for the $30.00 plus one-third earned income disregard, and shall be permitted to retain only that part of the parent's income to meet the parent's needs as determined by the difference between the needs of the eligible group with the parent included and the needs of the eligible group with the parent excluded. All remaining income of the parent shall be applied against the needs of the eligible group.

b. The income of a stepparent who is not included in the eligible group, but is living with ~ 1

the parent in the home of the eligible child(ren), shall be given the same consideration and ..._.,.. treatment as that of a natural parent, subject to the limitations of subparagraphs (1), (2), (3) and ( 4) below.

(I) The stepparent's monthly gross nonexempt earned income, earned as an employee or monthly net profit from self-employment, shall receive a standard work expense deduction as prescribed in 41.7(2),..a".

(2) Any amounts actually paid by the stepparent to individuals not living in the home, who are claimed or could be claimed by the stepparent as dependents for federal income tax purposes, shall be deducted from the total nonexempt monthly earned and unearned income of the stepparent.

(3) The stepparent shall also be allowed a deduction from nonexempt monthly earned and unearned income for alimony and child support payments made to individuals not living in the home with the stepparent. \,.;

(4) The nonexempt monthly earned and unearned income of the stepparent remaining after application of the deductions in 41.7(8)"b"(l), (2) and (3) above shall be used to meet the needs of the stepparent and the stepparent's dependents living in the home, when the dependents' needs are not included in the eligible group and the stepparent claims or could claim the dependents for federal income tax purposes. These needs shall be determined in accordance with the aid-to-dependent-children standard of need for a family group of the same composition. Any remaining income in excess of these needs shall be applied as unearned income to the needs of the eligible group.

c. When the income of the stepparent, not in the eligible group, is insufficient to meet the needs of the stepparent and the stepparent's dependent, but ineligible, child(ren) living in the home, the income of the parent may be diverted to meet the unmet needs of the child(ren) of the current marriage.

d. When the needs of the stepparent, living in the home, are not included in the eligible V group, the eligible group and any dependent but ineligible child(ren) of the parent shall be considered as one unit, and the stepparent and the stepparent's dependents, other than the spouse, shall be considered a separate unit.

•Emergency, pursuant to Iowa Code§ 17A.S(2)"b"(l) and (2).

lAC 10/13/82

~ 41. 7(9) *Budgeting process. a. Initial eligibility.

Social Services[770] Ch 41, p.10a

(1) At time of application all earned and unearned income received and anticipated to be received by the eligible group during the month the decision is made shall be considered to determine eligibility for aid to dependent children, except income which is exempt. When income is prorated in accordance with 41.7(9)"c,(l), 41.7(9)"g, and41.7(9)"i,, the prorated amount is counted as income received in the month of decision. Allowable work expenses during the month of decision shall be deducted from earned income, except when determining eligibility under the one hundred fifty percent test defined in 770-41. 7(239). The determination of eligibility in the month of decision is a three-step process as described in 770-41. 7(239).

(2) When countable gross nonexempt earned and unearned income in the month of deci\..,1 sion, or in any month after assistance is approved, exceeds one hundred fifty percent of the

·. standard of need for the eligible group, the application shall be rejected or the assistance grant canceled. Countable gross income means gross income, as defined in 770-41. 7(239), without application of any disregards, deductions for work expenses, or diversions. When the countable gross nonexempt earned and unearned income in the month of decision equals or is less than one hundred fifty percent of the standard of need for the eligible group, initial eligibility shall then be determined. Initial eligibility is determined without application of the earned income disregards as specified in 41. 7(2)"c, and "e,. Appropriate deductions for work expenses and diversions are applied. When countable net earned and unearned income in the month of decision equal or exceeds the standard of need for the eligible group, the application shall be rejected.

(3) When the countable net income in the month of decision is less than the standard of need for the eligible group, the earned income disregards shall be applied when there is

~ eligibility for these disregards. When countable net earned and unearned income in the month of decision, after application of the earned income disregards, work expenses and diversions, equals or exceeds the payment standard for the eligible group, the application shall be rejected.

When the countable net income in the month of decision is less than the payment standard for the eligile group, the application shall be approved. The amount of the aid-to-dependentchildren grant shall be determined by subtracting countable net income in the month of decision from the payment standard for the eligible group, except as specified in 41. 7(9)"a,(4).

(4) Eligibility for aid to dependent children for any month or partial month before the month of decision shall be determined only when there is eligibility in the month of decision. The family composition for any month or partial month before the month of decision shall be considered the same as on the date of decision. In determining eligibility and the amount of the assistance payment for any month or partial month preceding the month of decision,

\e,) income and all circumstances except family composition in that month shall be considered in the same manner as in the month of decision. When the eligibility determination is delayed until the third initial month or later and payment is being made for the preceding months, the payment for the month following the initial two months shall be based, retrospectively, on income and all circumstances except family composition in the corresponding budget month.

(5)* The amount of the assistance grant for the initial two months of eligibility shall be computed prospectively with two exceptions. Income shall be considered retrospectiveiy for the first two payment months which follow a month of suspension, unless there has been a change in the family's circumstances. Also, income for the first two months of eligibility shall be considered retrospectively when the applicant received assistance for the immediately preceding payment month, including a month for which payment was not received due to the restriction defined in 770-45.6(239) and 770-45. 7(239).

(6) Income considered for prospective budgeting shall be the best estimate, based on \..__) knowledge of current and past circumstances and reasonable expectations of future circum

stances.

- •Emergency, pursuant to Iowa Code§ 17A.5(2)"b"(l), (2).

Ch 41, p.IOb Social Services[770] lAC 3/16/83

(7) Work expense for care, as defined in 41.7(2)"b", shall be the allowable care expense expected to be billed or otherwise expected to become due during the budget month. The amount of standard work expense deduction for each wage earner as defined in 41.7(2)"a" shall be allowed.

b. Ongoing eligibility. (1) After the initial two payment months, the amount of each grant shall be based, retro

spectively, on income and other circumstances in the budget month. However, when the income was considered prospectively in the initial application and is not expected to continue, it shall not be considered again. This includes an eligible group not receiving a payment due to the restriction defined in 770-45.6(239) and 770-45.7(239).

(2) When a change in eligibility factors occurs, the local office shall prospectively compute eligibility based on the change, effective no later than the month following the month the change occurred. If eligibility continues, no action is taken. If ineligibility exists, assistance shall be canceled or suspended. Continuing eligibility under. the one hundred fifty percent eligibility test, defined in 770-41. 7(239), shall be computed prospectively and retrospectively.

(3) Income considered for retrospective budgeting shall be the actual income received in the budget month, except for the income described in 41.7(9)"c"(l), 41.7(9)"g" and 41.7(9)"i". A payroll check will be considered received the date the employer distributes payroll checks to employees.

(4) Work expense for care, as defined in 41.7(2)"b", shall be the actual allowable expense billed or which otherwise became due in the budget month. The amount of standard work expense deduction for each wage earner, as defined in 41.7(2)"a", shall be allowed.

c. Lump sum income. (1) Lump sum income other than nonrecurring. Recurring lump sum earned and unearned

income, except for the income of the self-employed, shall be prorated over the number of months for which the income was received and applied to the grant for the same number of months. Income received by an individual employed under a contract shall be prorated over the period of the contract. Income received at periodic intervals or intermittently shall be prorated over the period covered by the income and applied to the grant for the same number of months, except periodic or intermittent income from self-employment shall be treated as described in 41.7(9)"i". When the lump sum income is earned income, appropriate disregards, deductions and diversions shall be applied to the monthly prorated income. Income is prorated when a lump sum is received before the month of decision and is anticipated to recur; or a lump sum is received during the month of decision or anytime during the receipt of assistance.

(2) Nonrecurring lump sum income. Nonrecurring lump sum income, except as specified in 41. 7(7)"c", shall be considered as income in the budget month, and counted in computing eligibility and the amount of the grant for the payment month. Nonrecurring lump sum unearned income is defined as a payment which is a one-time distribution of funds from a single source such as an inheritance, certain insurance settlements, or a retroactive payment of benefits, such as social security, job insurance or workers' compensation. A lump sum payment of earned income credit shall be treated as a nonrecurring lump sum payment of earned income. When countable income, exclusive of the aid-to-dependent-children grant but including countable lump sum income, exceeds the needs of the eligible group, the case shall be canceled or the application rejected. The eligible group shall be ineligible for the number of full months derived by dividing the income by the standard of need for the eligible group. Any income remaining after this calculation shall be applied as income to the first month following the period of ineligibility and disregarded as income thereafter.

The period of ineligibility shall be shortened when it is established that a life-threatening circumstance exists and the countable lump sum income causing the period of ineligibility has been or will be expended in connection with the life-threatening circumstance. Furthermore, until that time, the nonrecurring income must have been used to meet those needs as defined in subrules 41.8(2) and 41.8(3). The former eligible group must have no other income or resources sufficient or available to meet the life-threatening circumstance. Expenditure of

lAC 3/16/83 Social Services[770] Ch 41, p.lOc

funds for the following are to be considered as life-threatening: Payments made on medical services for the former eligible group or their dependents for services listed in 770-chapters 78, 81, 82, and 85 at time of claiming relief under this provision; the cost of necessary repairs to maintain habitability of the homestead requiring the spending of over twenty-five dollars per incident; cost of replacement of exempt resources as defined in sub rule 41.6(1) due to fire, tornado, or other natural disaster; or funeral and burial expenses of a member or dependent of the former eligible group. The cost of the life-threatening circumstance shall be verified. A dependent is an individual who is claimed or could be claimed by another individual as a dependent for federal income tax purposes.

When countable income, including the lump sum income, is less than the needs of the eligible group, the lump sum shall be counted as income for the budget month. For purposes of applying the lump sum provision, the eligible group is defined as all eligible persons and any other individual whose lump sum income is counted in determining the period of ineligibility. During the period of ineligibility, individuals not in the eligible group when the lump sum income was received may be eligible for aid-to-dependent children as a separate eligible group. Income of this eligible group plus income, excluding the lump sum income already considered, of the parent or other legally responsible person in the home shall be considered as available in determining eligibility and the amount of the grant.

d. The third digit to the right of the decimal point in any computation of income, hours of employment and work expenses for care, as defined in 41.7(2)"b", shall be dropped.

e. In any month for which an individual is determined eligible to be added to a currently active aid-to-dependent-children case, the individual's needs shall be included prospectively. When adding an individual to an existing eligible group, any income of that individual shall be considered prospectively for the initial two months of that individual's eligibility and retrospectively for subsequent months. Any income considered in prospective budgeting shall be considered in retrospective budgeting only when the income is expected to continue.

f. Suspension. The local office shall suspend assistance retrospectively when income or circumstances in the budget month cause ineligibility and the local office has knowledge or reason to believe that ineligibility will exist for only one month. Individuals in suspended status shall be considered recipients for the purposes of child support collections.

Ch 41, p.ll Social Services[770] lAC 11/24/82

g. Lump sum nonexempt financial assistance for education or training shall be prorated over the period it is intended to cover after deducting allowable expenses of education or train- V ing. This is true when the income is received prior to the month of decision and covers a period of time extending beyond the month of decision, is expected to continue, and covers a period of time extending beyond the month of decision; or received in the month of decision; or received or is anticipated to be received after the approval of assistance.

h. Income from self-employment received on a regular weekly, biweekly, semimonthly or monthly basis shall be budgeted in the same manner as the earnings of an employee. The countable income shall be the net income.

i. Income from self-employment not received on a regular weekly, biweekly, semimonthly or monthly basis that represents an individual's annual income shall be averaged over a twelve-month period of time, even if the income is received within a short period of time during that twelve-month period. Any change in self-employment shall be handled in accordance with subparagraphs (3), (4), and (5) below. ~....,)

·(l) When a self-employment enterprise which does not produce a regular weekly, biweekly, semimonthly or monthly income has been in existence for less than a year, income shall be averaged over the period of time the enterprise has been in existence and the monthly amount projected for the same period of time. If the enterprise has been in existence for such a short time that there is very little income information, the worker shall establish, with the cooperation of the client, a reasonable estimate which shall be considered accurate and projected for three months, after which the income shall be averaged and projected for the same period of time. Any changes in self-employment shall be considered in accordance with subparagraphs (3), (4) and (5) below.

(2) These policies apply when the self-employment income is received before the month of decision and the income is expected to continue, in the month of decision, and after assistance is approved.

(3) A change in the cost of producing self-employment income is defined as an established ~ permanent ongoing change in the operating expenses of a self-employment enterprise. Change in self-employment income is defined as a change in the nature of business.

(4) When a change in operating expenses occurs, the local office shall recompute the expenses on the basis of the change.

(5) When a change occurs in the nature of the business, the income and expenses shall be computed on the basis of the change.

j. • Payment for a special need as defined in 41.8(3) shall be made when documentation of the special need is received by the local office. When the special need continues, it shall be included, prospectively, in each month's aid-to-dependent-children grant thereafter for as long as the special need exists.

41.7(10)* Special alien cases. a. A sponsor is any person who signed an affidavit of support or similar agreement on

behalf of an alien(s) as a condition of the alien's entry into the United States. \.,.; b. The income and resources of a sponsor and the sponsor's spouse shall not be deemed to

an alien who is: (I) Admitted to the United States as a result of the application, prior to April I, 1980, of

the provisions of section 203(a)(7) of the Immigration and Nationality Act; (2) Admitted to the United States as a result of the application, after March 31, 1980, of the

provisions of section 207(c) of the Immigration and Nationality Act;

•Emergency, pursuant to Iowa Code§ 17A.S(2)"b"(2).

\...)

lAC 7/21182 Social Services[770] Ch 41, p.12

for the care of the children or the incapacitated parent by inclusion of an allowance in the assistance grant.

41.8(2)* Schedule of needs. The schedule of living costs represents one hundred percent of basic needs. The schedule of living costs is used to determine the needs of individuals when these needs must be determined in accordance with the standard of need defined in 40.1(5). The one hundred fifty percent schedule is included for the determination of eligibility in accordance with 770-41.7(239). The schedule of basic needs is used to determine the basic needs of those persons whose needs are included in and are eligible for an aid-to-dependentchildren grant. The eligible group is considered a separate and distinct group without regard to the presence in the home of other persons, regardless of relationship to or whether they have a liability to support members of the eligible group. The schedule of basic needs is also used to determine the needs of persons not included in the assistance grant, when these needs must be determined in accordance with the payment standard defined in 40.1(6). The schedule of basic needs represents eighty-seven percent of basic needs for two or more persons. It represents one hundred percent of basic needs for one person.

SCHEDULE OF NEEDS Each

Number of Additional Persons 2 3 4 5 6 7 8 9 10 Person

Schedule of Living Costs 154 336 414 482 534 593 652 711 769 841 84

1500/o of Living Costs 231 504 621 723 801 890 978 1067 1154 1262 126

Schedule of Basic Needs 154 292 360 419 464 516 567 618 669 731 73

CHART FOR DETERMINING INCOME IN KIND (all figures are on a per person basis)

Number of 10 or Persons 1 2 3 4 5 6 7 8 9 more

Shelter 44.08 43.80 31.03 24.93 20.40 17.41 15.31 13.83 12.55 12.17

Utilities 23.90 21.77 14.76 11.40 9.16 7.65 7.13 6.30 5.70 5.55

Supp. & Repl. 10.09 7.43 5.04 3.90 3.34 2.83 2.43 2.16 1.93 1.85

Food 41.42 43.27 41.89 38.45 34.99 33.97 32.80 32.31 32.07 31.74

Clothing 11.94 12.75 12.72 12.73 12.62 12.50 12.32 12.05 12.03 11.90

Per. Care & Supp. 7.17 7.43 7.68 7.69 7.52 7.40 7.15 7.10 6.68 6.61

Med. Cab. Sup. 1.59 1.59 1.59 1.59 1.59 1.59 1.59 1.59 1.59 1.59

Communi-cations 13.81 7.96 5.29 3.98 3.18 2.65 2.27 1.99 1.77 1.59

•Emergency, pursuant to Iowa Code§ 17A.S(2)"b"(l).

Ch 41, p.13 Social Services[770]

a. The definitions of the basic need components are as follows: (1) Shelter: Rental, taxes, upkeep, insurance, amortization. (2) Utilities: Fuel, water, lights, water heating, refrigeration, garbage.

lAC 3/16/83

(3) Household supplies and replacements: Essentials associated with housekeeping and meal preparation.

(4) Food: Including school lunches. (5) Clothing: Including laytette, laundry, dry cleaning. (6) Personal care and supplies: Including regular school supplies. (7) Medicine chest items. (8) Communications: Bus fares, telephone, newspapers, magazines. b. Special situations in determining eligible group: (1) The needs of a child or children in a nonparental home shall be considered a separate

eligible group when the relative is receiving aid to dependent children assistance for the relative's own children.

(2) When the unmarried payee under the age of eighteen is living with a parent or parents who does not receive aid to dependent children, only the needs of the eligible children shall be included in the assistance grant. When the payee under the age of eighteen lives with a parent or parents who receives aid to dependent children, the needs of the payee, when eligible, shall be included in the same eligible group with the parent or parents. The needs of the eligible children for whom such payee is caretaker shall be considered a separate eligible group.

(3) When a person who would ordinarily be in the eligible group has elected to receive supplemental security income benefits, such person, income and resources, shall not be considered in determining aid to dependent children benefits for the rest of the family.

(4) When two individuals, married to each other, are living in a common household and the children of each of them are recipients of assistance, the assistance grant shall be computed on the basis of their comprising one eligible group. This rule shall not be construed to require that an application for assistance be made for children who are not the natural or adoptive children of such applicant.

41.8(3)* Special needs. On the basis of demonstrated need the following special needs shall be allowed, in addition to the basic needs.

a. School expenses. Eighty percent of any specific charge, excluding tuition, for a child's education made by the school or in accordance with school requirements in connection with a course in the curriculum shall be allowed provided the allowance shall not exceed the reasonable cost required to meet the specifications of the course, and the student is actually participating in the course at the time the expense is claimed. Payment will not be made for ordinary expenses for school supplies.

b. Guardian/conservator fee. An amount not to exceed ten dollars per case per month may be allowed for guardian's/conservator's fees when authorized by appropriate court order. No additional payment is permitted for court costs or attorney's fees.

c. Individual education and training. The expense of an individual education and training plan as defined in 770-chapter 55.

41.8( 4) Period of adjustment. When a parent recovers from the condition which c~used incapacity, or when the absent parent and parent establish or re-establish a home for the child, assistance shall continue if there is need for a period not to exceed the issuance of three warrants.

This rule is intended to implement Iowa Code section 239.5 and Acts of the Sixty-ninth General Assembly, Chapter 80 and Senate File 2304, Section 92.

•Emergency, pursuant to Iowa Code§ 17A.S(2)"b"(l).

lAC 12/9/81 Social Services[770] Ch 41, p.14

770--41.9(239) Composite ADC/SSI cases. When persons in the aid to dependent children household, who would ordinarily be in the eligible group, are receiving supplemental security income benefits, the following rules shall apply.

41.9(1) Pending SSI approval. When a person who would ordinarily be in the eligible group has applied for supplemental security income benefits, such person's needs may be included in the aid to dependent children grant pending approval of supplemental security income.

41.9(2) Ownership of property. When property is owned by both the supplemental security income beneficiary and the aid to dependent children recipient, each shall be considered as having a half interest in order to determine the value of the resource, unless the terms of the deed or purchase contract clearly establish ownership on a different proportional basis.

This rule is intended to implement section 239.5 of the Code.

770-41.10(239) Rescinded, effective 7/1/81.

!Filed 6/23/55; amended 4/12/72, 8/30/72, 11120/72, 12/28/72, 6/21173, 10/24/73, 3/20/74, 7/1/74. 12/2/74, 3/21/75]

[Emergency amendments filed and effective 9/19/75--published 10/6/75] [Filed 11/25/75, Notice 10/6/75--published 12/15/75, effective 1119/76) [Filed 6/25/76, Notice 5/17/76--published 7/12/76, effective 8/16/76] [Filed without notice 7 /29/76--published 8/23/76, effective 9/27 /76]

[Filed emergency 7 /29/76--published 8/23176, effective 7/29/76] [Filed 9/29/76, Notice 8/23/76--published 10/20/76, effective 11/24/76]

(Filed 4/13/77, Notice 2/23/77-published 5/4/77, effective 6/8/77, 7/1177) [Filed emergency, 7/20/77-published 8/10/77, effective 7/20/77]

[Filed 8/18/77, Notice 6/15/77-published 9/7/77, effective 10/12/77] [Filed 1/16/78, Notice 9/7 /77-published 2/8/78, effective 3/15/78]

[Filed 2/8/78, Notice 12/28/77-published 3/8/78, effective 4/12/78] [Filed 6/1178, Notice 4/19/78--published 6/28/78, effective 4/19/78]

[Filed emergency 6/28/78--published 7/26/78, effective 7 /1/78] [Filed 8/9/78, Notice 6/28/78--published 9/6/78, effective 1111178]

[Filed 9/12/78, Notice 7 /26/78--published 10/4/78, effective 11/8/78) !Filed 12/6/78, Notice 10/4/78-published 12/27/78, effective 2/l/79] !Filed 114/79, Notice 11/29178--published 1/24/79, effective 3/1/79]

!Filed 1131179, Notice 11/29/78--published 2/21/79, effective 4/1179) [Filed 2/2/79, Notice 12/27 /78--published 2/21179, effective 3/28/79) [Filed 3/30/79, Notice 2/21179---published 4/18/79, effective 5/23/79] [Filed 6/5/79, Notice 4/4/79-published 6/27/79, effective 8/1 /79]

[Filed emergency 6/26/79-published 7/25/79, effective 7/1/79] [Filed 7/3/79, Notice 4/18/79-published 7/25/79, effective 9/11791 [Filed 8/2/79, Notice 5/30/79-published 8/22/79, effective 9/26/79] [Filed 8/2/79, Notice 5/30/79-published 8/22/79, effective 10/1179]

Ch41, p.l5 Social Services[770) lAC 3116183

[Filed emergency after Notice 916119, Notice 7111/79-published 1013179, effective 1011/79] [Filed 916179, Notice 7111179-published 1013179, effective 1211/79]

[Filed 9121119, Notices 2121/79, 4118179-published 10117179, effective 1211/79] [Filed 10124179, Notice 8122179-published 11/14179, effective 1/1/80]

[Filed 414180, Notice 1123180-published 4130180, effective 614180] [Filed emergency 515180-published 5128180, effective 5151801

[Filed emergency 614180-published. 6125180, effective 6141801 [Filed 614180, Notice 1/9180-published 6125180, effective 811/80]

[Filed emergency 6130180-published 7123180, effective 7 I 1 180] [Filed 113180, Notice 5114180-published 1123180, effective 911/80]

[Filed 9125180, Notice 816180-published 10115180, effective 11119180] [Filed 9125180, Notices 5114180, 7123180-published 10115180, effective 1211/80]

[Filed 1116181, Notice 11/12/80-published 214/81 ,_effective 4/1 181] [Filed emergency 3/24/81-published 4/15181, effective 3/24/81] [Filed emergency 3/24/81-published4/15181, effective4/1181]

[Filed 3124/81, Notice 2/4/81-published 4115181, effective 611181] [Filed without Notice 3124181-published 4115181, effective 611181]

[Filed 4123181, Notices 2118181, 314181-published 5113181, effective 7 11/81] [Filed emergency 6/30/81-published 7/22181, effective 711 IR 11 [Filed emergency 9125181-published 10114181, effective 1011/81]

(Filed emergency 10123181-published 11/11181, effective 11/1181] [Filed 10123181, Notice 8119181-published 11/11181, effective 1/1182] [Filed 11/20181, Notice 101 14/81-published 1119/81, effective 21 1/82]

[Filed 1128182, Notice 11/11/81-published 2117182, effective4/l/82] [Filed 2/26/82, Notice 12/9181-published 3117182, effective 5/1/82] [Filed 415182, Notice 1120/82-published 4128182, effective 711/82]

[Filed emergency 5121/82-published 6/9/82, effective 6/1/82] [Filed emergency 5/21/82-published 6/9182, effective 7/1/82]

[Filed 6115182, Notice 3117/82-published 7/7182, effective 911/82] [Filed emergency 711 /82-published 7/21182, effective 7 /1/82]

[Filed emergency 7130182-published 8118182, effective 7130182] [Filed 7130182, Notice 4114/82-published 8118182, effective 1011182]

[Filed emergency 9123182-published 10/13182, effective 1011/82] [Filed emergency 10129/82-published 11/24/82, effective 11/1/82]0

[Filed emergency 2125183-published 3/16183, effective 311/83] [Filed 2125183, Notice 10127182-published 3/16/83, effective 511/83]

[Filed 2/25/83, Notices 717182, 9/1/82-published 3116183, effective 5/1183]

OTwo ARC's.

lAC 3/16/83 Social Services[770]

CHAPTER 52 PAYMENT

Ch 52, p.l

770-52.1(249) Assistance standards. Assistance standards are the amounts of money allowed on a monthly basis to recipients of state supplementary assistance in determining

' financial need and the amount of assistance granted. 52.1(1) Protective living arrangement. The following assistance standards have been

established for state supplementary assistance for individuals living in a protective living arrangement:

Family life home certified under rules in chapter 111. $322.50 care allowance

35.00 personal allowance 357.50 Total

52.1(2) Dependent relative. The following assistance standards have been established for state supplementary assistance for dependent relatives residing in a recipient's home.

a. Aged or disabled client and a dependent relative ............................ $426.80 b. Aged or disabled client, eligible spouse, and a dependent relative ............. $568.90 c. Blind client and a dependent relative ...................................... $448.80 d. Blind client, aged or disabled spouse and a dependent relative ................ $590.90 e. Blind client, blind spouse and a dependent relative .......................... $612.90 52.1(3) Residential care. Payment to a recipient in a residntial care facility shall be made

on a flat per diem rate of $10.90 or on a cost-related per diem rate of no more than $15.90. A cost-related per diem rate shall be established for each facility choosing such method of payment according to rule 54.3(249).

a. All available income of a recipient after applicable disregards shall be applied to meet the cost of care before payment is made through the state supplementary assistance program.

(1) Residents in the following situations shall apply income toward the cost of care beginning with the month of approval in the following circumstances:

1. Persons eligible for state supplementary assistance transferring from an intermediate care facility to a residential care facility or from one residential care facility to another.

2. Residents changing from private payment status to state supplementary assistance status while residing in a residential care facility.

3. Residents moving from an independent living arrangement to a residential care facility may retain enough of the first month's income to meet the maintenance or living expenses connected with the previous living arrangement. In such cases the department shall determine how much of the resident's income is available for first month client participation.

(2) The income of the resident shall have the following monthly disregards: 1. $39.00 allowance to meet personal expenses. 2. When income is earned, $65.00 plus one-half of any remaining earned income. 3. Established unmet medical needs, excluding private heatlh insurance. 4. Funds to meet the basic needs of dependents living in the home of the recipient accord

ing to subrule 51.3(4). b. Payment is made for only the days the recipient is a resident of the facility. Payment

shall be made for the date of entry into the facility, but not the date of death or discharge. c. Payment shall be made in the form of a grant to the recipient on a post payment

basis. d. Eligibility for payment is based on a thirty-one day month. When income is sufficient

to pay the cost of care in a month with less than thirty-one days, no state supplementary assistance payment shall be made, but the recipient shall remain eligible for all other benefits of the program.

Ch 52, p.2 Social Services [770] lAC 3116183

e. Payment will be made for periods the resident is absent overnight for the purpose of visitation or vacation. The facility will be paid to hold the bed for' a period not to exceed thirty days during any calendar year, unless the department of social services caseworker has devised a service plan which justifies the allowance of additional leave. The number of days for which a recipient is eligible is based upon the date of entry into the program at the rate of two and one-half days per month for the remaining months in the current calendar year.

f. Payment will be made for a period not to exceed ten days in any calendar month when the resident is absent due to hospitalization. Payment will not be authorized for over ten days for any continuous hospital stay whether or not the stay extends into a succeeding month or months.

g. The per diem rate established for recipients of state supplementary assistance shall not exceed the average rate established by the facility for private pay residents.

( 1) Residents placed in a facility by another governmental agency are not considered private paying individuals. Payments received by the facility from such an agency shall not be included in determining the average rate for private paying residents.

(2) To compute the facility-wide average rate for private paying residents, the facility shall accumulate total monthly charges for those individuals over a six-month period and divide by the total patient days care provided to this group during the same period of time.

52.1(4) Blind. The standard for a blind recipient not receiving another type of state supplementary assistance is $22.00 per month.

52.1(5) In-home health related care. Payment to a person receiving in-home health related care shall be made in accordance with rules in chapter 148.

52.1(6) Minimum income level cases. The income level of those persons receiving old age assistance, aid to the blind, and aid to the disabled in December 1973 shall be maintained at the December 1973 level as long as the recipient's circumstances remain unchanged and that income level is above current standards. In determining the continuing eligibility for the minimum income level, the income limits, resource limits, and exclusions which were in effect in October 1972 shall be utilized.

This rule is intended to implement Iowa Code section 249.3. [Filed 2/19/76, Notice -1 I 12/76--pubiished 3/8176, effective 4112176]

[Filed emergency 619176--published 6/28/76, effective 711176] [Filed emergency 7 /29/76--published 8/23/76, effective 911176]

[Filed 9/29/76, Notice 8123/76--published 10120176, effective 11124176] [Filed 12117176, Notice 1113176--published 1112177, effective 311177]

[Filed emergency 5124177-published 6115177, effective 7 I 1177] [Filed 3127178, Notice 218178-published 4119178, effective 5124178]

[Filed emergency 518/78-published 5131178, effective 5124178] [Filed emergency 6128/78-published 7126178, effective 7 I 1 178]

[Filed 7117178, Notice 5131178-published 819118, effective 9113178] (Filed 11/7178, Notice 4/19178-published 11/29178, effective 113179]

[Filed emergency 6126179-published 7125/79, effective 711/79] [Filed emer~ency 6130180-published 7123180, effective 7 I 1 180] [Filed emergency 6/30181-published 7/22/81, effective 7 I I 181]

[Filed 2126182, Notice 10128/81-published 3117182, effective 5/1182] [Filed emergency 5/21/82-published 619/82, effective 7/1182] [Filed emergency 711182-published 7121/82, effective 711182]

[Filed 2125/83, Notice 115183-published 3/16/83, effective 511183]

CHAPTER 53 [Ch 53, 1973 IDR, renumbered as Ch 7]

Reserved


(2) Seeking to obtain or obtaining an abortion, or (3) Under the influence of alcohol or other substance that affects the individual's state of

awareness. j. Payment will be made for a medically necessary hysterectomy only when it is performed

for a purpose other than sterilization and only when one or more of the following conditions is met:

(1) The individual or representative has signed an acknowledgment that she has been informed orally and in writing from the person authorized to perform the hysterectomy that the hysterectomy will make the individual permanently incapable of reproducing, or

(2) The individual was already sterile before the hysterectomy, the physician has certified in writing that the individual was already sterile at the time of the hysterectomy and has stated the cause of the sterility, or

(3) The hysterectomy was performed as a result of a life-threatening emergency situation in which the physician determined that prior acknowledgment was not possible and the physician includes a description of the nature of the emergency.

78.1(17) Abortions. a. Form XIX (PHY-4), Certification Regarding Abortion, shall be attached to the claim

submitted by the attending physician if payment is to be made for an abortion. If Form XIX (PHY -4) is not submitted or does not indicate that the abortion for which payment is being claimed fails within the prescribed conditions, no payment can be made either to the attending physician or any other physicians involved in the abortion or to the hospital. Form XIX (PHY -4) must be signed by the attending physician in the following types of cases:

(1) Where the life of the pregnant woman would be endangered if the fetus were carried to term; or

(2) Where the fetus is physically deformed, mentally deficient or afflicted with a congenital illness.

b. When the pregnancy was the result of rape, Form XIX (PHY -4) shall be signed by an official of a law enforcement or public or private health agency which may include a family physician certifying that the report was made within forty-five days of the date of occurrence of the incident. The report shall have included the name, address and signature of the person making the report. .

c. When the pregnancy was the result of incest, Form XIX (PHY -4) shall be signed by an official of a law enforcement agency or public or private health agency which may include a family physician and shall certify that a report was submitted not later than one hundred fifty days subsequent to the incident of incest and that the report of the incident included the name, address and signature of the person making the report.

This rule is intended to implement Iowa Code section 249A.4.

770-78.2(249A) Retall pharmacies. 78.2(1) Payment will be approved for the following when ordered by a legally qualified

practitioner (physician, dentist, or podiatrist): a. Legend drugs and devices requiring a prescription by law subject to the same

conditions as specified in subrule 78.1(2)"a". b. Medical and sickroom supplies when ordered by the physician for a specific rather

than incidental use subject to the same conditions as specified in subrule 78.1(2)" b". c. Rental or purchase of medical equipment and appliances subject to the same

conditions as specified in rule 78.10(249A).

~ ~ }

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lAC 3/16/83 Social Services[770] Ch78, p.24

[Filed 12/19/80, Notices 10/15/80, 10/29/80-published 117/81, effective 2/11/81] [Filed emergency 1/20/81-published 2/18/81, effective 1/20/81]


[Filed emergency 6/30/81-published 7/22/81, effective 7/1/81] [Filed emergency after Notice 8/24/81, Notice 7/8/81-published 9/16/81. effective 9/1/811

[Filed 10/23/81, Notice 9/2/81-published 11/11/81, effective 1/1/82] [Filed emergency 12/3/81-published 12/23/81, effective 1/1/82]

[Filed 1/28/82, Notice 10/28/81-published 2/17/82, effective 4/1/82] [Filed 1/28/82, Notice 11/25/81-published 2/17/82, effective 4/1/82] [Filed 2/26/82, Notice 10/14/81-published 3/17/82, effective 5/1/82]

[Filed emergency 3/26/82-published 4/14/82, effective 4/1/82] _[Filed 4/5/82, Notice 1/20/82-published 4/28/82, effective 6/2/82] [Filed 4/29/82, Notice 12/9/81-published 5/26/82, effective 7/1/82]

[Filed 7/30/82, Notices 3/3/82, 4/28/82-published 8/18/82. effective 10/1/821 (Filed emergency 9/23/82 after Notice of 6/23/82-published 10/13/82, effective 10/1/82]


Ch 79, p.1 Social Services[770] lAC 12/8/82

CHAPTER 79 OTHER POLICIES RELATING TO PROVIDERS OF ~

MEDICAL AND REMEDIAL CARE

770-79.1(249A) Principles governing reimbursement of providers of medical and health services. The basis of payment for services rendered by providers of service participating in the medical assistance program varies depending upon whether the provider is noninstitutional, such as physicians, dentists, and similar providers and on whether the provider is also eligible to participate in the Medicare program. Except as indicated, those providers of service eligible to participate in the Medicare program are reimbursed on the basis of Medicare methodology. Other types of providers are reimbursed by methodology established by the department. Providers of care must accept reimbursement based upon reasonable charges as determined by the department, making no additional charge to the recipient.

79.1(1) Types of providers. \....~ a. Institutional-Medicare. Providers are reimbursed on the basis of retrospective r~im

bursement based on reasonable and proper costs of operation with suitable retroactive adjust-ments based on submission of fiscal and statistical reports by the provider. The retroactive adjustment represents the difference between the amount received by the provider during the year for covered services and the amount determined in accordance with an accepted method of cost apportionment to be the actual cost of services rendered to medical assistance recipients.

b. Institutional-departmental. Providers are reimbursed on the basis of prospective or retrospective cost-related reimbursement, depending on type of institution.

c. Noninstitutional-Medicare. Providers are reimbursed on the basis of usual, customary, and reasonable charges not to exceed the lesser of:

( 1) The actual charge made by the provider of service, (2) The customary charge made by the provider for the same or similar services, and '\...,; (3) The prevailing charges for the same or similar services in the locality served by the pro-

vider. The prevailing charges for the services in the locality are adjusted annually on the basis of an economic index but may not exceed the seventy-fifth percentile of the customary charges in the locality for each year.

d. Noninstitutional-departmental. Providers are reimbursed on the basis of a fixed fee for service. If product cost is involved in addition to service, reimbursement is based either on actual acquisition cost of the product to the provider or product cost is included as part of the fee for service. Increases in fixed fees are made periodically or on an annual basis provided for by statute.

79.1(2) Basis of reimbursement of specific provider categories. Institutional Basis of reimbursement

1. Home health agencies Medicare '\..-! 2. Rehabilitation agencies Medicare 3. Rural health clinics Medicare 4. Skilled nursing facilities Medicare S. Hospitals Prospective reimbursement. (See 79.1(3) 6. Family planning clinics Prospective rate per clinic visit determined

on basis of financial and statistical data submitted annually by clinic.

7. Intermediate care facilities and See 81.10(1), 770-81.6(249A), intermediate care facilities for the and 770-82.5(249A) mentally retarded

Noninstitutional

1. Ambulance 2. Chiropractors

Basis of reimbursement

Medicare Medicare

lAC 3/16/83 Social Services [770] Ch 79, p.2c

79.2(7) Notice of violation. Should the department have information that indicates that a provider may have submitted bills or has been practicing in a manner inconsistent with the program requirements, or may have received payment for which the provider may not be properly entitled, the department shall notify the provider of the discrepencies noted. Notification shall set forth:

a. The nature of the discrepancies or violations, b. The known dollar value of the discrepancies or violations, c. The method of computing the dollar value, d. Notification of further actions to be taken or sanctions to be imposed by the

department, and e. Notification of any actions required of the provider. The provider shall have fifteen days

subsequent to the date of the notice prior to the department action to show cause why the action should not be taken.

79.2(8) Suspension or withholding of payments pending a final determination. Where the department has notified a provider of a violation pursuant to 79.2(7) or an overpayment, the department may withhold payments on pending and subsequently received claims in an amount reasonably calculated to approximate the amounts in question or may suspend payment pending a final determination. Where the department intends to withhold or suspend payments it shall notify the provider in writing.

This rule is intended to implement section 249A.4, The Code.

770-79.3(249A) Maintenance of clinical and fiscal records by provider of senlce. Providers of service shall maintain clinical and fiscal records in support of services for which a charge is made to the program and shall make such records available to duly authorized representatives of the department on request. The fiscal records shall support each item of service for which a charge is made to the program and the clinical records shall specify the procedure or procedures performed, the dates of service, the medications or other supplies or services prescribed or provided to. the recipient together with information concerning progress of treatment. Such clinical and fiscal records shall be retained for a minimum of five years. After five years the records may be destroyed.

This rule is intended to implement section 249A.4 of the Code.

770-79.4(249A) Appeal by provider of care. Providers may appeal decisions of the department according to rules in 770---chapter 7.

This rule is intended to implement Iowa Code section 249A.4.

Ch 79, p.J Social Services[770] lAC 4/18/79

770-79.5(249A) Nondiscrimination on the basis of handicap. All providers of service shall comply with section 504 of the Rehabilitation Act of 1973 and Federal regulations 45CFR ~ Part 84, April 28, 1977, which prohibit discrimination on the basis of handicap in all department of health, education, and welfare funded programs.

This rule is intended to implement section 249A.4(6) of the Code.

770-79.6(249A) Provider participation agreement. Providers of medical and health care wishing to participate in the program shall execute an agreement with the department on form XIX (PA-l), Agreement Between Provider of Medical and Health Services and the Iowa Department of Social Services re Participation in the Medical Assistance Program. In this agreement, the provider agrees to the following:

79.6(1) To maintain clinical and fiscal records as specified in rule 79.3(249A). 79.6(2) That the charges as determined in accordance with the department's policy shall be

the fuii and complete charge for the services provided and no additional payment shaH be ~ claimed from the recipient or any other person for services provided under the program.

79.6(3) That it is understood that payment in satisfaction of the claim will be from federal and state funds and any false claims, statements, or documents, or concealment of a material fact may be prosecuted under applicable federal and state laws.

This rule is intended to implement section 249A.4 of the Code.

770-79. 7(249A) Medical assistance advisory council. 79.7(1) Officers. Officers shall be a chairperson, and a vice-chairperson. a. Elections shall be held each year at the meeting held in January. b. The term of office shall be one year. Officers shall serve no more than two terms. c. The vice-chairperson shall serve in the absence of the chairperson. d. The chairperson and vice-chairperson shall have the right to vote on any issue before the l j

council. .._.... e. The chairperson shall appoint a nominating committee of not less than three members

and shall appoint other committees approved by the council. 79.7(2) Alternates. Each organization represented may select one alternate as

representative when the primary appointee is unable to be present. Alternates may attend any and all meetings of the council, but only one representative of each organization shall be allowed to vote.

79.7(3) Expenses. The travel expenses of the public representatives and other expenses, such as those for clerical services, mailing, telephone, and meeting place, shall be the responsibility of the department of social services. The department shall arrange for a meeting place, related services, and accommodations.

79.7(4) Meetings. The council shall meet at least four times each year. At least two of these meetings shall be with the department of social services. Additional meetings may be ~ called by the chairperson, upon written request of at least fifty percent of the members, or by the commissioner of the department of social services.

a. Meetings shall be held in the Des Moines, Iowa, area, unless other notification is given. b. Written notice of council meetings shall be mailed at least two weeks in advance of such

meetings. Each notice shall include an agenda for the meeting. 79.7(5) Procedures. a. A quorum shall consist of two-thirds of the voting members. b. Where a quorum is present, a position is carried by a majority of the council. c. Minutes of council meetings and other written materials developed by the council shall

be distributed by the department to each member and alternate and to the executive office of each organization or body represented.

d. Notice shall be made to the representing organization when the member, or alternate, has been absent from three consecutive meetings. ~

e. In cases not covered by these rules, Robert's Rules of Order shall govern.

lAC 9/16/81 Social Services[770) Ch 79, p.4

79.7(6) Duties. The medical assistance advisory council shall: a. Make recommendations on the reimbursement for medical services rendered by

providers of services. b. Assist in identifying unmet medical needs and maintenance needs which affect health. c. Make recommendations for objectives of the program and for methods of program

analysis and evaluation, including utilization review. f. Recommend ways in which needed medical supplies and services can be made available

most effectively and economically to the program recipients. g. Advise on such administrative and fiscal matters as the commissioner of the department

of social services may request. h. Advise professional groups and act as liaison between them and the department. i. Report at least annually to the appointing authority. j. Perform such other functions as may be provided by state or federal law or regulation. k. Communicate information considered by the council to the member organizations and

bodies. 79.7(7) Responsibilities. a. Recommendations of the council shall be advisory and not binding upon the department

of social services or the member organizations and bodies. The department will consider all advice and counsel of the council.

b. The council may choose subjects for consideration and recommendation. It shall consider all matters referred to it by the department of social services.

c. Any matter referred by a member organization or body shall be considered upon an affirmative vote of the council.

d. The department shall provide the council with reports, data, and proposed and final amendments to rules, regulations, laws, and guidelines, for its information, review, and comment.

e. The department shall present the biennial budget for the medical assistance program for review and comment.

f. The department shall permit staff members to appear before the council to review and discuss specific information and problems.

g. The department shall maintain a current list of members and alternates on the council.

Ch 79, p.5 Social Services [770] lAC 3/16/83

770-79.8(249) Requests for prior authorization. When the fiscal agent has not reached a "--"' decision on a request for prior authorization after sixty days from the date of receipt by the fiscal agent, the request will be approved.

79.8(1) All requests for prior authorization shall be made on Form XIX P Auth (SDC), . Request for Prior Authorization.

79.8(2) The policy applies to services or items specifically designated as requiring prior authorization.

79.8(3) The provider shall receive a notice of approval or denial for all requests. 79.8(4) Prior authorizations approved because a decision is not timely made shall not be

considered a precedent for future similar requests. 79.8(5) Approved prior authorization applies to covered services and does not apply to the

recipient's eligibility for medical assistance. This rule is intended to implement Iowa Code section 249A.4. V

[Filed March 11, 1970) [Filed 6/25/76, Notice 5/17 /76-published 7/12/76, effective 8/16/76) [Filed 3/25/77, Notice 12/1176-published 4/20/77, effective 5/25/77) [Filed 6/10/77, Notice 5/4/77-published 6/29177, effective 8/3/77]

!Filed 10/24/77, Notice 9/7/77-published 11/16/77, effective 12/21/771 [Filed 12/6/77, Notice 10/19/77-published 12/28/77, effective 2/1/78] [Filed 1/16/78, Notice 11/30/77-published 2/8/78, effective 4/1178] [Filed 8/9/78, Notice 6/28/78-published 9/6/78, effective 10/11/781

[Filed 10/10/78. Notice 7 /26/78-published 11/1178, effective 12/6/78] [Filed 3/30/79, Notice 2/21/79--published 4/18/79, effective 5/23/791 [Filed 9/6/79, Notice 7/11179-published 10/3/79, effective 11/7/791

[Filed 12/5/79, Notice 10/3/79-published 12/26/79, effective 1/30/80] [Filed emergency 6/30/80-published 7/23/80, effective 7/1/80] ~

[Filed 11121180, Notice 9/3/80-published 12/10/80, effective 1114/81] [Filed 3/24/81, Notice 2/4/81-published 4/15/81, effective 6/1181]

[Filed emergency 4/23/81-published 5/13/81, effective 4/23/81] [Filed 8/24/81, Notice 3/4/81-published 9/16/81, effective 1111/81] [Filed 1/28/82, Notice 11 I 11 /81-published 2/17/82, effective 4/1 /82]

[Filed emergency 3/26/82-published 4/14/82, effective 4/1182] [Filed emergency 5/21182-published 6/9/82, effective 7/1182]

[Filed 7/30/82, Notice 6/9/82-published 8/18/82, effective 10/1182] [Filed emergency 8/20/82 after Notice of 6/23/82-published 9/15/82, effective 10/1182]


lAC 11112/80 Social Services[770] Ch 137, p.2a

137 .8(2) Transportation for medical care. When for any month a foster child has expenses for transportation to receive medical care in excess of the maximum allowed in the medical assistance program, or that cannot be met by the allowance for specialized care, such expenses may be paid from foster care funds, with the approval of the district administrator, department of social services. The claim for all such expenses shall be submitted to the department of social services on a No. 1 Voucher. Payment through the medical assistance program will not be made for that month. Such expenses may include the actual cost of meals, parking, child care, lodging, passenger fare, or mileage at the rate granted state employees.

137 .8(3) Funeral expense. When arranging for funeral expenses for a child under the guardianship of the department, the county from which the child was committed and the parents shall be asked to assume such expense. When parental rights have been terminated, only the county shall be asked to assume the expense. The department will pay any expense the parents or county do not pay, not to exceed $650.00. The total cost of the funeral shall not exceed $650.00. Goods and services included in the total cost shall be the same as defined in subrules 56.3(3) and 56.3(4). The claim shall be submitted by the funeral director on a No. 1 Voucher to the district administrator for approval.

137 .8(4) Medicaid co-payment. When a family or agency caring for a child in foster care incurs expenses for the child's medical care as ~ result of co-payment charges for medical assistance services, such expenses may be reimbursed. Claims for $1.00 or more shall be submitted to the worker quarterly or at the end of the child's placement with that family or agency. The family or agency shall keep the receipts for these expenses for three years or until audit, whichever is earlier.


Ch 137, p.2b Social Services[770] lAC 3/16/83

770-137 .9(234) Rate of payment for group care. 137 .9(1) The payment rate for public or private agency group care licensed or approved in ~

the state of Iowa shall be the agency's unit cost as determined by the department's accounting and reporting procedure for purchase of service contracts.

a. Whenever a facility has a licensed or approved capacity of eight or less children, regardless of any association with a larger organization located elsewhere, payment shall not exceed forty-eight dollars per day.

b. Whenever a facility has a licensed or approved capacity of nine or more children, payment shall not exceed sixty dollars per day.

137.9(2) The payment rate for public or private agency group care licensed or approved in another state shall be either the payment rate established by the other state, subject to the limitations in effect in that state, or the agency's unit cost as determined by the department's accounting and reporting procedure for purchase of service contracts, subject to the limita-tions in 137.9(1). For states in which local agencies negotiate individual contracts with each U facility, the state payment rate shall be the payment rate established by the local contracting agency in that area of the state. The rate determination method shall be at the option of the agency. Children who were placed in out-of-state group care prior to May I, 1983 at payment rates higher than those allowed by this rule may continue to be paid at the higher rate for the duration of those placements.

137 .9(3) The department will retain the option to utilize facilities based upon the needs of the children, programs available, and comparability of costs.


770-137 .10(234) Reserve b~d ciays. 137 .10(1) Payment for reserve bed days in residential treatment facilities and group

homes shall be made only upon the written approval of the department through the use of Form SS-1107-0, Request for Reserve Bed Payment. Such payment may be made up to a '..1 maximum of fourteen days. Failure to report an absence within the time limit specified below may be grounds for denial of payment for reserve bed days. The following policies shall apply.

a. For a planned absence, the provider shall notify the worker at least one week in advance of the planned absence by completing Form SS-1107-0.

b. For an unplanned absence the provider shall notify the worker by telephone within twenty-four hours of the unplanned absence and by completing Form SS-1107-0.

137 .10(2) When a child in a foster family home is out of the home for two weeks or less with the knowledge of and consent of the service worker, no reduction shall be made in the payment. When the child is out of the home for more than two weeks, the payment shall be discontinued.

770-137.11 (234) Emergency care. Each district shall have facilities to provide twenty-four ~ hour emergency foster care. Emergency care shall not exceed thirty days in one six-month period, and the facility's policy may limit placement to less than thirty days. The following op-tions shall be available for funding emergency care for each district:

137.11(1) Foster family homes designated to maintain beds for emergency care shall be paid according to rule 770-137.6(234). In order to assure that there are adequate emergency beds available, designated homes may be paid a subsidy of fifty dollars per month per bed. No emergency care facility shall be approved for more than five beds under subsidy.

137.11(2) Foster family homes may be designated to provide emergency care and may be paid on a daily rate per child when a child is placed. Rates for children shall be:

Age of Child

Age 0-11 Age 12 and over

Rate

$10 per day ($300 per month) $17 per day ($510 per month)


to obtain a ruling of the court, income shall not be considered available until the decision of the court has been rendered and implemented. When the child and responsible adult do not co-operate in the action necessary to obtain a ruling of the court, the trust fund or investments shall be considered as available to meet the child's needs immediately. When the child or responsible adult does not co-operate within ninety days in making the income available the maintenance payment shall be terminated.

137 .16(2) The Iowa department of social services shall, be payee for income from any trust funds or investments unless limited by the trust.

137 .16(3) Savings accounts from any income and proceeds from the liquidation of securities shall be placed in the child's account maintained by the department and any amount in excess of $1,500 shall be applied towards cost of the child's maintenance.


770-137 .17(234) Adoptive homes. Payment for foster care for a child placed in an adoptive home will only be made when the placement is made in anticipation of a subsidized adoption. Such payment shall be limited to the amount anticipated for subsidy, and shall terminate when the adoption decree is granted.

This rule is intended to implement section 234.38, The Code. (Filed 7 /1174; amended 9/4174]

[Emergency filed 10/31175-published 11/17/75, effective 11/1175] [Filed 12/23175, Notice 11117/75-published 1112/76, effective 2/16176]

[Filed 2/19/76, Notice 1112176-published 3/8/76, effective 4/12/76] [Filed emergency, 7 /29/76-published 8/23/76, effective 9/1/76]

[Filed 10/7/76, Notice 8/23/76-published 11/3/76, effective 12/8/76] [Filed 6/10/77, Notice 5/4177-published 6/29/77, effective 8/3/77]

rFiled 5/24/78, Notice 3/22178-published 6/14/78, effective 7/19/78] [Filed emergency 7 /28/78-published 8/23/78, effective 8/1178] [Filed emergency 6/26/79-published 7/25/79, effective 7 /1179] [Filed emergency 6/30/80-published 7/23/80, effective 7/1/801

[Filed 10/24/80, Notice 9/3/80-published 11/12/80, effective 12/17/801 [Filed emergency 6/30/81-published 7/22/81, effective 7 I 1/811

[Filed 6/30/81, Notice 4/29/81-published 7/22/81, effective 9/1/811 [Filed emergency 8/20/82-published 9/15/82, effective 9/1/821

[Filed 2/25/83, Notice 12/22/82-published 3/16/83, effective 5/1/831

CHAPTER 138 SUBSIDIZED ADOPTIONS

(Appeared as Chapter 8311973 IDR)

770-138.1(600) Administration. The Iowa department of social services through the director of the division of community services shall administer the subsidized adoption program, in conformance with the legal requirements for adoption as defined in chapter 600, The Code.

770-138.2(600) AppUcation. Application for the subsidy may be made on forms provided by the Iowa department of social services at any time in the adoptive process prior to the tiling of the petition to adopt.

138.2(1) Withdrawal of the application for the subsidy shall be reported to the department of social services as soon as the agency has this information.

138.2(2) Review of eligibility based on continued need shall be made on an annual basis.

\.._,1 This rule is intended to implement section 600.22, The Code.

Ch 138, p.2 Social Services[770]

770-138.3(600) Conditions of ellgibWty. 138.3(1) Adoptive parents.

lAC 3/8/76

a. Income scales determining eligibility for maintenance and special services shall be compiled by the Iowa department of social services based on the current United States labor department's cost of living standards.

b. Income of the prospective adoptive parents used to determine eligibility shall be verified bv the inso.ection of the parents' latest federal income tax report.

138.3(2) Adoptive child. a. In section 600.14 the word "state" shall mean the director of the division of commun

ity services, and the word "county" shall mean a local office of social services in Iowa. A "licensed child placing agency" shall mean an agency licensed by the director of the division of child and family services of the Iowa department of social services to place children.

b. Marriage on the part of the child shall terminate eligibility for subsidy. c. If a child is a full- or part-time student, his earned income shall not be considered. If

the child is not in school, his earnings shall be considered in the determination of the subsidy. The child's income other than earned income shall be considered.


770-138.4(600) Maintenance. The subsidy for maintenance includes provision of board, room, clothing, spending money, and ordinary medical and dental costs.


770-138.5(600) Special services. 138.5(1) The need for special services shall be established through a report from the

agency having guardianship of the child, plus substantiating information from specialists providing the services.

138.5(2) Attorney fees for adoptive services may be considered a special service. This rule is intended to implement section 600.22 of the Code.

770-138.6(600) New appllcations. New applications will be taken at any time, but processed only so long as funds are available. Maintenance and special services already approved will continue.

This rule is intended to implement section 600.22 of the Code. [Filed 2/23/72]


--- -~~~-

lAC 9/30/81 Transportation[820] [07 ,D]Ch 9, p.l

810-[07 ,D]8.4(321) Dealer plates. Travel trailer dealers may obtain dealer plates as provided in sections 321.57 to 321.63, The Code. Such plates shall bear the word "trailer" thereon. Dealer plates shall not be used on leased, rented or loaned travel trailers.


810-[07 ,D]8.5(321) Right of inspection. Peace officers employed by the department shall have the authority to inspect travel trailers, business records, manufacturer's statements of origin, certificates of title or other evidence of ownership of each travel trailer offered for sale.


820-[07 ,D]8.6(322C) Criteria for obtaining a travel trailer manufacturers, distributors or representatives license. Information concerning license requirements may be obtained from the Department of Transportation, Office of Vehicle Registration, Dealer License Section, Lucas State Office Building, Des Moines, Iowa 50319; telephone 515/281-5921.

8.6(1) Notification. Travel trailer manufacturers and distributors shall, within ten days of the fact, notify the department in writing of:

a. Any change in the name, method of doing business or change in the location of the place of business as shown on the license, with a fee of thirty-five dollars, in payment of a new license reflecting the change.

b. Any change in their authorized representatives who are subject to licensing in this state. c. Issuance of a franchise or contract with a person in this state to sell new travel trailers at

retail. d. Any change in the trade names of travel trailers being manufactured for delivery in this

state. 8.6(2) Required acts. Travel trailer manufacturers and distributors shall furnish sample

manufacturer's statements of origin to the department for each make of travel trailer assembled by the manufacturer for delivery in this state.

This rule is intended to implement section 322C.9, The Code. [Filed 2/14/80, Notice 12/26/79-published 3/5/80, effective 4/9/80] [Filed 9/9/81, Notice 7/22/81-published 9/30/81, effective 11/4/81]

CHAPTER 9 MOTOR VEHICLE LEASING LICENSES

820-[07,D]9.1(321F) Definitions. The following definitions as well as those in section 321F.1, The Code, are adopted and shall apply to these rules.

9.1(1) "Engage in the business" means leasing two or more motor vehicles in a twelve month period.

9.1(2) Reserved. This rule is intended to implement section 321F.l, The Code.

820-(07 ,D]9.2(321F) Criteria for obtaining a motor vehicle leasing license. 9.2(1) Licensing ii~J(mnation. Information concerning leasing license requirements may

be obtained from the Dealers License Section, Office of Vehicle Registration, Iowa Department of Transportation. Lucas State Office Building, Des Moines, Iowa 50319; Telephone (515) 281-5921.

9.2(2) Application. The application for a leasing license shall be made on form number 417034, which may be obtained from the department at the address shown in subrule 9.2(1). The application shall include the following information:

a. The name, address and telephone number under which the applicant will conduct the business.

b. If the applicant is an individual, the applicant's name and address. If the applicant is a copartnership, the name and address of each partner. If the applicant is a corporation, the name and address of each officer and director.

[07 ,D]Ch 9, p.2 Transportation[820] lAC 3/16/83

c: Whether the financial responsibility coverage covers all vehicles which may be leased by the applicant or is for each individual vehicle which may be leased by the applicant.

d. Whether the applicant intends to file with the department a copy of the lease for each vehicle which is leased or a lease form under which all vehicles are to be leased.

e. Whether the lease agreement grants the lessee an option to purchase the vehicle . .1: The total number of vehicles leased by the applicant in this state for the previous

calendar year. g. The name and address of the insurance company which is providing financial respon

sibility coverage to the applicant, on the vehicles to be leased. 9.2(3) Supplemental statements. The applicant shall notify the department, in writing,

within ten days, at the address shown in subrule 9.2(1), of any change covering any information required on the original application.

This rule is intended to implement sections 321F.3 and 321F.6, The Code.

820-[07,D]9.3(321F) Financial responsibility cancellation. Insurors shall give the department thirty days' notice prior to cancellation of financial responsibility coverage. The department shall notify the licensee by personal notice or certified mail that the leasing license will be revoked the same date that the coverage is canceled, unless the coverage is reinstated or new evidence of financial responsibility is filed with the department.

This rule is intended to implement section 321F.6, The Code.

820-[07 ,D]9.4(321F) Hearings. Hearings shall be conducted in accordance with the provisions of chapter 17 A, The Code.

This rule is intended to implement chapter 17 A, The Code. [Filed 10/28177, Notice 8/24/77-published 11/16177, effective 12/21177]


CHAPTER 10 MOTOR VEHICLE DEALERS, MANUFACTURERS AND DISTRIBUTORS

820-(07,DJ10.1(322) Definitions. The following definitions as well as those in section 322.2 of the Code are adopted and shall apply to these rules.

10.1(1) "Dealer" means every person who is licensed to engage in this state in the business of selling motor vehicles at retail under the provisions of chapter 322, Code of Iowa.

10.1(2) "Registered dealer" means every dealer licensed under the provisions of chapter 322 who has obtained a current dealer certificate as provided in section 321.58.

10.1(3) "Unregistered dealer" means every dealer licensed under the provisions of chapter 322 who has not obtained a current dealer certificate as provided in section 321.58. \w,)

10.1(4) "Engage in this state in the business" means doing any of the following acts for purposes of sale of motor vehicles at retail; to acquire, sell, exchange, hold, offer, display, broker. accept on consignment or conduct a retail auction or to act as an agent for the purpose of doing any of the aforementioned acts. Any person selling at retail more than six motor vehicles during a twelve-month period may be presumed to be engaged in the business.

10.1(5) "Consumer use" means use of a motor vehicle for business or for pleasure, other than for sale at retail, by a person who has obtained a certificate of title and has registered the vehicle under the provisions of chapter 321, Code of Iowa.

10.1(6) "Designated locaiion" means a building actually occupied where the public and the department may contact the owner or operator during regular business hours.

10.1(7) ucar lot, means a supplemental location for the sale of motor vehicles within the ~ J

same city or township as the dealer's principal place of business. ~

lAC 3/16/83 Transportation [820] [07 ,0] Ch 10, p.6

c. The name(s) of the sponsor(s) of the fair, show or exhibition. d. The duration of the fair, show or exhibition, including the opening and closing dates. 10.10(2) Permits shall be limited to allow the sale of line makes for which the dealer is

licensed in this state. 10.10(3) Permits shall be limited to county fairs, shows or exhibitions where more than

one dealer may participate. 10.10(4) Permits shall be issued for the duration of the event. Only one permit shall be

issued to a dealer for an event. 10.10(5) Permits shall be displayed at the location of the fair, show or exhibition in close

proximity to the vehicles being exhibited. This rule is intended to implement Iowa Code section 322.5.

820-[07,D]10.11(321) Right of inspection. Peace officers shall have the authority to inspect vehicles or component parts of vehicles and the records and documents referred to . in paragraph 10.2(4)"a" of this chapter.

This rule is intended to implement Iowa Code sections 321.62 and 321.95.

10.12 to 10.14 Reserved.

820-[07,D]10.15(321,322) Denial, suspension or revocation. 10.15(1) If an applicant or licensee fails to comply with this chapter of rules or Iowa Code

chapter 322, the department may deny, suspend or revoke the license. 10.15(2) If a dealer fails to comply with rule 820-[07,0]10.4(321) or Iowa Code sections

321.57 to 321.63, the department may deny or suspend the dealer's right to issue demonstration permits for a period not to exceed six months.

10.15(3) If a dealer fails to comply with rule 820-[07,0]10.10(322) or Iowa Code subsection 322.5(2), the department may deny the dealer's applications for fair, show or exhibition permits for a period not to exceed six months.

This rule is intended to implement Iowa Code sections 321.57 to 321.63, 322.6, 322.9 and 322.31.

820-[07,D]10.16(322) Hearings. Hearings shall be conducted in accordance with the provisions of chapter 17 A.

This rule is intended to implement Iowa Code section 322.31. [Filed 7/1/75]


[Filed 5/9/78, Notice 3/22/78-published 5/31/78, effective 7/5/78] [Filed 10/10/78, Notice 8/23/78-published 11/1/78, effective 12/6/78] [Filed 8/23/79, Notice 7/11/79-published 9/19/79, effective 10/24/79] [Filed 2/14/80, Notice 12/26179-published 3/5/80, effective 4/9/80] [Filed 9/9/81, Notice 7/22/81-published 9/30/81, effective 11/4/81] [Filed 1/28/82, Notice 12/9/81-published 2/17/82, effective 3/24/82] [Filed 1/21/83, Notice 12/8/82-published 2/16/83, effective 3/23/83]


[07,0] Ch 11, p.l Transportation [820] lAC 2/16/83

CHAPTER 11 VEHICLE REGISTRATION AND CERTIFICATE OF TITLE \,1

820-[07 ,D]11.1(321) Definitions. The definitions in section 321.1 of the Code are hereby made part of this chapter, in addition the following words and phrases, when used in chapter 321 or this chapter shall have the meanings respectively ascribed to them, except when the context otherwise requires.

11.1 (1) Certificate of title means a document issued by the appropriate official which contains a statement of the owner's title, the name and address of the owner, a description of the vehicle, a statement of all security interests and such additional information as m'lly be required under the laws or rules of the jurisdiction in which such document was issued, and which is recognized as a matter of law as a document evidencing ownership of the vehicle described thereon. The terms "title certificate", "title only", and "title" shall be syilonymous with the term "certificate of title". ~

11.1(2) Farm trailer means a trailer used exclusively by a farmer in the conduct of his agricultural operation. Such term shall not include a "semitrailer".

11.1(3) Half-year fee means the first semiannual installment of an annual registration fee. The term "half-year registration" shall be synonymous with the term "half-year fee".

11.1(4) Housecar means a motor truck, other than a van type vehicle, that has been converted to provide a temporary or recreational dwelling which is not permanently equipped with enough systems to meet the definition of a motor home.

11.1(5) Kit vehicle means a motor vehicle which has been assembled by a person other than a manufacturer of vehicles.

a. To be termed a "kit vehicle", the assembled motor vehicle shall consist of a minimum of the following new parts:

(1) Truck or truck tractor: Vehicle cab and frame. (2) Motorcycle or motorized bicycle: Vehicle frame. However, a new motorcycle or ~....,.,)

motorized bicycle which is delivered by a manufacturer, distributor or importer to a purchaser as an unassembled vehicle shall not be considered a kit vehicle.

(3) All other motor vehicles: Vehicle body. b. The term "glider kit" shall be synonymous with the term "kit vehicle". 11.1(6) Lien means an interest in a vehicle which secures payment or performance of an

obligation. The term "security interest'' shall be synonymous with the term "lien". 11.1(7) Manufacturer's certificate of origin means a certification signed by the manufac

turer, distributor or importer that the vehicle described has been transferred to the person or dealer named and that the transfer is the first transfer of the vehicle in ordinary trade and commerce. The terms "manufacturer's statement", "importer's statement or certificate", "MSO" and "MCO" shall be synonymous with the term "manufacturer's certificate of origin". In addition to the requirements of Iowa Code subsection 321.45(2), the certificate shall contain a description of the vehicle which includes the make, model, style and vehicle \,/ identification number. The description of a motorized bicycle shall also specify the engine displacement and maximum speed.

11.1(8) Motor vehicle control number means a social security account number, a motor vehicle license number, a federal employer's identification number or a number assigned to a person by the department, which may be listed on a certificate of title or registration card as a means of identifying such person.

11.1(9) Registered means that the appropriate registration fee has been paid for a vehicle and a registration card evidencing such payment has been issued to the owner thereof.

lAC 3/16/83 Transportation [820) [07,D] Ch 11, p.lO

820-[07 ,D)11.14(321) Power of attorney. A certificate of title may be assigned by an attorney in fact of the owner, under a power of attorney appointed and so empowered on forms provided for that purpose. A power of attorney form may also be used to appoint an attorney in fact to make application for a certificate of title, an application for a duplicate certificate of title and to make an application for notation of a security interest on a certificate of title. Power of attorney forms for the above purposes shall be furnished by the department, although the use of a power of attorney form shall not be restricted to forms furnished by the department. The power of attorney form of a certified true copy thereof shall be retained by the county treasurer and attached to the document to which it applies.

820-[07,0]11.15(321) Cancellation of a certificate of title. The department shall cancel a certificate of title when authorized by any other provision of law or when it has reasonable grounds to believe that the title has not been surrendered to the country treasurer as provided in Iowa Code section 321.52 or that the vehicle has been stolen or embezzled from the rightful owner or seized under the provisions of Iowa Code section 321.84, and the person holding the certificate of title, purportedly issued for said vehicle, has no immediate right to possession of the vehicle.

This rule is intended to implement Iowa Code section 321.101. 11.16 and 11.17 Reserved.

820-[07,0]11.18(321) Towing permit. A person may purchase from the department towing permit forms, for which a fee of two dollars per permit shall be paid at the time of purchase. The towing permit form, when validated by the person to whom issued, shall authorize that person to tow a motor vehicle for which current registration plates have not been issued from one location to another in this state. The permit shall be displayed in the left rear window of the towed vehicle.

11.18(1) The permit shall be at least six inches by eight inches in dimension, and shall con-

[07,D] Ch 11, p.10a Transportation[820] lAC 116/82

tain a preprinted number in two inch bold type and the words "Iowa Towing Permit". \.._,) 11.18(2) The permit shall be validated by the person to whom issued by listing the follow-

ing information on the permit in the space provided therefor: a. The name and address of the owner of the vehicle being towed. b. The last registration number issued to the vehicle. c. The address of the location from which the vehicle is being towed. d. The address of the location to which the vehicle is being towed. e. The name and address of the person to whom the department issued the permit. f. The registration number of the towing vehicle. g. The date the permit is validated by the person to whom issued. 11.18(3) The permit shall be void three days after validation. This rule is intended to implement section 321.309 of the Code.

820-[07 ,0]11.19(321) Temporary use of vehicle without plates. A person who acquires a vehicle which is currently registered, who has not been assigned registration plates which may be displayed on the vehicle, may operate or permit the operation of the vehicle not to exceed seven days from the date of purchase or transfer without registration plates displayed thereon, subject to the following conditions:

11.19(1) A valid inspection sticker shall be attached to the vehicle, and the owner's copy of the inspection form shall be carried in the vehicle, unless the vehicle is exempt from the inspection provisions of section 321.238 of the Code.

11.19(2) The certificate of title or registration receipt properly assigned to the person who has acquired the vehicle, or a photocopy thereof, or a bill of sale conveying ownership of the vehicle to the person who has acquired the vehicle, shall be carried in the vehicle.

11.19(3) The inspection form and ownership evidence provided for in this rule shall be shown to any peace officer upon request. ~

This rule is intended to implement section 321.46 of the Code, as amended by Acts of the Sixty-seventh General Assembly, 1977 Session, chapter 103, section 16.

820-[07,D]11.20(321) Rescinded, effective 2/10/82.

--~~-----------

.--

lAC 12/24/80 Transportation[820] [07 ,D]Ch 11, p.26

820-[07 ,0)11.59(321) Registration documents lost or damaged in transit through the United States postal service. To obtain without cost the reissuance of registration documents that were sent by the county treasurer to the owner through the United States postal service and which were lost or damaged in transit, the owner of the vehicle shall file application for reissuance within sixty days of the date the documents were issued by the county treasurer.

This rule is intended to implement section 321.42, The Code. 11.60 Reserved.

820-[07 ,D)11.61(321) Reassignment of registration plates. Registration plates may be reassigned from the seller to the purchaser of a vehicle under the following conditions:

1. Ownership of the vehicle is held by a natural person or persons and not a corporation, association, co-partnership, company or firm; and

2. At least one of the persons listed on the registration receipt issued prior to the transfer is also listed on the registration receipt issued after the transfer.

This rule is intended to implement section 321.34(1), The Code.

820-[07 ,D]11.62(321) Storage of registration plates, certiftcate of title forms and registration forms. Registration plates, certificate of title forms and registration forms which are consigned to county treasurers by the department shall be stored in a secure location. Such location may be within the office of the county treasurer which is accessible only to authorized persons or in a storage area located without the general office area assigned to the county treasurer. Any storage area located without the general office area assigned to the county treasurer shall be of such construction that it is accessible only to authorized persons, as designated by the county treasurer or department.

'\w) 820-[07 ,D]11.63(321) Registration plates shall be issued in alphabetical or numerical sequence. Registration plates shall be issued in alphabetical or numerical sequence, in accordance to the sequence in which they have been consigned to the county treasurer by the department. No registration plate shall be issued to nor delivered to the owner of a vehicle prior to the time such plate is issued in the alphabetical or numerical sequence applicable to the consignment of such plates to a particular county by the department.

[07 ,D]Ch ~ 1, p.27 Transportation [820] lAC 3/16/83

820-[07 ,D]l1.64(321) County treasurer's report of motor vehicle collections and funds. ~ The county treasurer shall file the report provided for in section 321.153 of the Code in duplicate on the form entitled "County Treasurer's Report of Motor Vehicle Collections and Funds." The report shall be filed in the following manner:

11.64(1) Part One of the report shall be received by the department on or before the tenth day of the month following the month for which the fees were collected. A check or draft, payable to the Department of Transportation, covering the amount of total collections less the amount of the county treasurer is entitled to retain, shall be submitted along with Part One of the report.

11.64(2) Upon determining that the report is in proper order, the department shall send a receipt to the county treasurer's office for the amount remitted to the department.

11.64(3) Part Two of the report shall be retained by the county treasurer. [Filed July 1, 1975]

[Filed 11/9/77, Notice 9/21/77-published 11/30/77, effective 1/4/78] ~ [Filed 5/9/78, Notice 3/22/78--published 5/31/7~, effective 7/5/781

[Filed 10/10/78, Notice 8/23/78--published 11/1/78, effective.12/6/78] [Filed 11/13/78, Notice 9/20/78--published 11/29/78, effective 1/3/79] [Filed 4/23/79, Notice 3/7 /79-published 5/16/79, effective 6/20/79]

[Filed 8/23/79, Notice 7/11/79-published 9/19/79, effective 10/24/79] [Filed 8/23/79, Notice 7/11179-published 9/19/79, effective 12/1/791 [Filed 2/14/80, Notice 12/26/79-published 3/5/80, effective 4/9/80]

[Filed 12/4/80, Notice 10115/80-published 12/24/80, effective 1/28/81] [Filed 12/16/81, Notice 10/28/81-published 116/82, effective 2/10/82] [Filed 9/30/82, Notice 8/18/82-published 10/27/82, effective 12/1182] [Filed 1121/83, Notice 12/8/82-published 2/16/83, effective 3/23/83]

[Filed emergency 2/17/83-published 3/16/83, effective 3/23/83] "-"

CHAPTER 12 RELEASE OF INFORMATION

820-[07 ,D]12.1(68A) Information released for safety recalls. ·Registration information to be utilized in vehicle safety recall campaigns is available according to the provisions of this rule.

12.1(1) Requests for such information are to be made in writing addressed to the Department of Transportation, Director of the Motor Vehicle Division, Lucas State Office Building, Des Moines, Iowa 50319.

12.1(2) Requestors shall supply the vehicle identification number (VIN) of each vehicJe about which information is sought. Vehicles shall be identified through one of the following ~ media: a paper listing, punched cards, or magnetic tape.

a. When punched cards are supplied in making a request, eighty column cards shall be supplied with the VIN beginning in column one. Each card shall contain a single VIN.

b. When magnetic tape is supplied in making a request, a 1600 BPI nine track tape shall be furnished. Each record shall be 20 characters long, left justified with fill characters of spaces and a blocking factor of 100.

12.1(3) Information requested shall be supplied by the department on fourteen-inch paper, microfiche or magnetic tape.

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Documents

· IACSupp. PREFACE lAC 7/8/81 Pursuant to section 17 A.6 of the Iowa Code, the Iowa Administrative Code [lAC] Supplement is published biweekly and supersedes Part II of previous